jkti=] fgekpy izns'k

fgekpy izns'k jkT; 'kklu }kjk izdkf'kr

f”keyk] ohjokj 2 Qjojh] 2012@13 ek?k 1933

fgekpy izns'k ljdkj

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 21st December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

ispute about the following issue exist between Sh. Gian Chand S/O Sh. Lala Ram, Village-

Dalehar, P.O. Dohag, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I &

PH Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

223&jkti=@2012&2&2&2012 ¼5397½

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Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Gian Chand S/O

Sh. Lala Ram, Village- Dalehar, P.O. Dohag, Tehsil Joginder Nagar, Distt. Mandi, H.P.by

the Executive Engineer, IPH Division Padhar, Distt. Mandi, from time to time duringthe

years 1998 to 2000, without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

certain periods, as per policy of the Governments and availability of funds and indirectly

admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 21 December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Anil Kumar S/O Sh. Jalam Ram, Village-

Kuhalda, P.O. Ropari, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I &

PH Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Anil Kumar S/O

Sh. Jalam Ram, Village- Kuhalda, P.O. Ropari, Tehsil Joginder Nagar, Distt. Mandi, H.P.

by the Executive Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the

years 1998 to 2000, without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

certain periods, as per policy of the Governments and availability of funds and indirectly

admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

5399

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LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 21st December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Subhash Chand S/O Sh. Sher Singh, VPO

Majharnoo, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH

Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Subhash Chand

S/O Sh. Sher Singh, VPO Majharnoo, Tehsil Joginder Nagar, Distt. Mandi, H.P. by the

Executive Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the years

1998 to 2000, without complying with the provisions of section 25-F, G, & H of ibid Act, as

the abandonments are not proved but admitting non availability of work during certain

periods, as per policy of the Governments and availability of funds and indirectly admitting

continuance employment of certain juniors, is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above worker is entitled

to from the above employer?”

Sd/-

Labour Commissioner.

_________

DEPARTMENT OF LABOUR & EMPLOYMENT

NOTIFICATION

Shimla-171001, 21st December, 2011

No.: 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Govind Ram S/O Sh. Bhopat Ram, VPO

Jalpehar, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH Division

Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

5400

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vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Govind Ram S/O

Sh. Bhopat Ram, VPO Jalpehar, Tehsil Joginder Nagar, Distt. Mandi, H.P. by the Executive

Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the years 1998 to

2000, without complying with the provisions of section 25-F, G, & H of ibid Act, as the

abandonments are not proved but admitting non availability of work during certain periods,

as per policy of the Governments and availability of funds and indirectly admitting

continuance employment of certain juniors, is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above worker is entitled

to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 21st December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Charan Singh S/O Sh. Ranvir Singh, Village-

Kathla, P.O. Dul, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH

Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Charan Singh S/O

Sh. Ranvir Singh, Village- Kathla, P.O. Dul, Tehsil Joginder Nagar, Distt. Mandi, H.P. by

the Executive Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the

years 1998 to 2000, without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

5401

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

certain periods, as per policy of the Governments and availability of funds and indirectly

admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 21 December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Hardish S/O Sh. Prabhu, Village Masoli, P.O.

Jalpehar, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH Division

Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Hardish S/O Sh.

Prabhu, Village Masoli, P.O. Jalpehar, Tehsil Joginder Nagar, Distt. Mandi, H.P. by the

Executive Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the years

1998 to 2000, without complying with the provisions of section 25-F, G, & H of ibid Act, as

the abandonments are not proved but admitting non availability of work during certain

periods, as per policy of the Governments and availability of funds and indirectly admitting

continuance employment of certain juniors, is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above worker is entitled

to from the above employer?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 20th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Jagdish Chand S/O Sh. Jodha Ram, Village

5402

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Upper Arthi, P.O. Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH Division

Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Jagdish Chand

S/O Sh. Jodha Ram, Village Upper Arthi, P.O. Joginder Nagar, Distt. Mandi, H.P. from

time to time during the years 1998 to 2000 by the Executive Engineer, IPH Division Padhar,

Distt. Mandi, without complying with the provisions of section 25-F, G, & H of ibid Act, as

the abandonments are not proved but admitting non availability of work during certain

periods, as per policy of the Governments and availability of funds and indirectly admitting

continuance employment of certain juniors, is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above worker is entitled

to from the above employer?”

Sd/-

Labour Commissioner.

__________

DEPARTMENT OF LABOUR & EMPLOYMENT

NOTIFICATION

Shimla-171001, 05th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Jai Pal S/O Sh. Dhuma Ram, Village- Upper Beri, P.O.

Kothwan, Tehsil Sarkaghat, Distt. Mandi, H.P. V/S The Executive Engineer, HPPWD( B & R)

Division Dharampur, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

5403

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“Whether retrenchment of services of Sh. Jai Pal S/O Sh. Dhuma Ram, Village-Upper Beri,

P.O. Kothwan, Tehsil Sarkaghat, Distt. Mandi, H.P. by the Executive Engineer, HPPWD

Division Dharampur, Tehsil Sarkaghat, Distt. Mandi, H.P. w.e.f. 08.7.2005, without

following the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not,

what amount of back wages, seniority, past service benefits and compensation the above

Ex-Worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 31st December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Karam Singh S/O Sh. Tawar Chand, Village-

Panjhagna, P.O. Harabag, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I

& PH Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services / giving breaks in the services of Sh. Karam Singh S/O

Sh. Tawar Chand, Village- Panjhagna, P.O. Harabag Tehsil Joginder Nagar, Distt. Mandi,

H.P. from time to time during the years 1998 to 2000 by the Executive Engineer, IPH

Division Padhar, Distt. Mandi, without complying with the provisions of section 25-F, G, &

H of ibid Act, as the abandonments are not proved but admitting non availability of work

during certain periods, as per policy of the Governments and availability of funds and

indirectly admitting continuance employment of certain juniors, is legal and justified? If

not, what amount of back wages, seniority, past service benefits and compensation the

above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

5404

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 20th December, 2011

No. 11-23/84(Lab) ID/2011/Una.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Kewal Krishan S/O Sh. Rakha Ram, VPO Gondpur

Bulla, tehsil haroli, Distt. Una, H.P. V/S The Factory Manager, M/s Saber Papers Limited, Village

& Post Office Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Kewal Krishan S/O Sh. Rakha Ram, VPO

Gondpur Bulla, tehsil haroli, Distt. Una, H.P. w.e.f. 12.8.2010 by the management of M/s

Saber Papers Limited, Village & Post Office Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P.

without issuing charge sheet, without conducting enquiry, without paying compensation and

without following the provisions of the Industrial Disputes Act, 1947 is legal and justified?

If not, to what relief, compensation & other service benefits the above aggrieved workman

is entitled to?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 20th December, 2011

No. 11-23/84(Lab) ID/2011/Una.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Rajesh Kumar S/O Sh. Chaman Lal, VPO Gondpur

Bulla, Tehsil Haroli, Distt. Una, H.P. V/S The Factory Manager, M/s Saber Papers Limited, Village

& Post Office Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

5405

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Rajesh Kumar S/O Sh. Chaman Lal, VPO

Gondpur Bulla, Tehsil Haroli, Distt. Una, w.e.f. 12.8.2010 by the management of M/s Saber

Papers Limited, Village & Post Office Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P.

without issuing charge sheet, without conducting enquiry, without paying compensation and

without following the provisions of the Industrial Disputes Act, 1947 is legal and justified?

If not, to what relief, compensation & other service benefits the above aggrieved workman

is entitled to?”

Sd/-

Labour Commissioner.

________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 20th December, 2011

No. 11-23/84(Lab) ID/2011/Una.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Rakesh Kumar S/O Sh. Gurdial Singh, Village & Post

Office- Mehandwani/Mehalwani, Tehsil Garhshankar, Distt. Hoshiarpur, Punjab V/S The Factory

Manager, M/s Saber Papers Limited, Village & Post Office Gondpur Bulla, Tehsil Haroli, Distt.

Una, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid,on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Rakesh Kumar S/O Sh. Gurdial Singh, Village

& Post Office- Mehandwani/Mehalwani, Tehsil Garhshankar, Distt. Hoshiarpur, Punjab

w.e.f. 12.8.2010 by the management of M/s Saber Papers Limited, Village & Post Office

Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P. without issuing charge sheet, without

conducting enquiry, without paying compensation and without following the provisions of

the Industrial Disputes Act, 1947 is legal and justified? If not, to what relief, compensation

& other service benefits the above aggrieved workman is entitled to?”

Sd/-

Labour Commissioner.

5406

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 20th December, 2011

No. 11-23/84(Lab) ID/2011/Una.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Harish Kumar S/O Sh. Ram Swaroop, VPO Gondpur

Bulla, Tehsil Haroli, Distt. Una, H.P. V/S The Factory Manager, M/s Saber Papers Limited, Village

& Post Office Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Harish Kumar S/O Sh. Ram Swaroop, VPO

Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P. w.e.f. 12.8.2010 by the management of M/s

Saber Papers Limited, Village & Post Office Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P.

without issuing charge sheet, without conducting enquiry, without paying compensation and

without following the provisions of the Industrial Disputes Act, 1947 is legal and justified?

If not, to what relief, compensation & other service benefits the above aggrieved workman

is entitled to?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 20th December, 2011

No. 11-23/84(Lab) ID/2011/Una.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Surender Pal Singh S/O Sh. Khushi Ram, Village-

Sihwan, P.O. Kalewal (Beet), Tehsil Garhshankar, Distt. Hoshiarpur, Punjab V/S The Factory

Manager, M/s Saber Papers Limited, Village & Post Office Gondpur Bulla, Tehsil Haroli, Distt.

Una, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

5407

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Surender Pal Singh S/O Sh. Khushi Ram,

Village- Sihwan, P.O. Kalewal (Beet), Tehsil Garhshankar, Distt. Hoshiarpur, Punjab w.e.f.

12.8.2010 by the management of M/s Saber Papers Limited, Village & Post Office Gondpur

Bulla, Tehsil Haroli, Distt. Una, H.P. without issuing charge sheet, without conducting

enquiry, without paying compensation and without following the provisions of the

Industrial Disputes Act, 1947 is legal and justified? If not, to what relief, compensation &

other service benefits the above aggrieved workman is entitled to?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 20th December, 2011

No. 11-23/84(Lab) ID/2011/Una.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Ashok Kumar S/O Sh. Sagli Ram, Village & P.O.

Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P. V/S The Factory Manager, M/s Saber Papers

Limited, Village & Post Office Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Ashok Kumar S/O Sh. Sagli Ram, Village &

P.O. Gondpur Bulla, Tehsil Haroli, Distt. Una, H.P., w.e.f. 12.8.2010 by themanagement of

M/s Saber Papers Limited, Village & Post Office Gondpur Bulla, TehsilHaroli, Distt. Una,

H.P. without issuing charge sheet, without conducting enquiry, without paying

compensation and without following the provisions of the Industrial Disputes Act, 1947 is

legal and justified? If not, to what relief, compensation & other service benefits the above

aggrieved workman is entitled to?”

Sd/-

Labour Commissioner.

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LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 05th December, 2011

No. 11-1/86(Lab) I.D/2011-Nahan.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Mohan Singh S/O Sh. Kidu Ram, Village

Devni (Moginad), P.O. Kala Amb, Tehsil Nahan, Distt. Sirmour, H.P. V/s The Management of M/s

Diamond Products Ltd., Village Moginand, P.O. Kala Amb, Distt. Sirmour, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Shimla, constituted under

Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Mohan Singh S/O Sh. Kidu Ram, Village Devni

(Moginad), P.O. Kala Amb, Tehsil Nahan, Distt. Sirmour, H.P. w.e.f. 27th May, 2008 by

the management of M/s Diamond Products Ltd., Village Moginand, P.O. Kala Amb, Distt.

Sirmour, H.P. without issuing charge sheet, without conducting enquiry and without

complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If

not, what amount of back wages, seniority, past service benefits, the above worker is

entitled to from the above employer?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001 19th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Pawan Kumar S/O Sh. Harbhaj, Village-

Kumharada, P.O. Pehad, Tehsil Sarkaghat, Distt. Mandi, H.P. V/S The Executive Engineer,

HPPWD( B & R) Division Dharampur, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

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Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether retrenchment of services of Sh. Pawan Kumar S/O Sh. Harbhaj, Village-

Kumharada, P.O. Pehad, Tehsil Sarkaghat, Distt. Mandi by the Executive Engineer,

HPPWD Division Dharampur, Tehsil Sarkaghat, Distt. Mandi, H.P. w.e.f. 08.7.2005,

without following the provisions of the Industrial Disputes Act, 1947 is legal and justified?

If not, what amount of back wages, seniority, past service benefits and compensation the

above Ex-Worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001. 08th December, 2011

No. 11-1/85(Lab) ID/2011/Kangra.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Pradhan Chand S/O Sh. Beli Ram, Village Haler Kalan,

Tehsil & District Kangra, H.P. V/s The Temple Officer, Mata Shree Brijeshwari Devi Mandir,

Kangra, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether the verbal termination of the services of Sh. Pradhan Chand S/O Sh. Beli Ram,

Nagaria (Drum Beater) w.e.f. 15.10.2002 by The Temple Officer, Mata Shree Brijeshwari

Devi Mandir, Kangra, H.P. on the allegation of theft, without serving notice, without

conducting enquiry and without following the provisions of the Industrial Disputes Act,

1947 as alleged by workman, is legal and justified? If not, to what back wages, service

benefits and relief the above named workman is entitled to from the concerned employer?”

Sd/-

Labour Commissioner.

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LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 05th December, 2011

No. 11-2/93(Lab) ID/2011/Baddi.—It appears to the undersigned that an industrial dispute

about the following issue exist between S/Sh. Raj Kumar, Surinder Singh, Vinay Kumar, Hans Raj,

Vikas Sharma, Karam Singh & Brham Dass and General Secretary, Emmbros Auto Comp. Ltd.

(Workers Union) Reg No. 965, Village Katha, Baddi, Distt. Solan, H.P. V/s The Factory Manager,

M/s Emmbros Auto Comp Ltd. Village Katha, Baddi, Distt. Solan, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Shimla, constituted under

Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether action of the management of M/s Emmbros Auto Comp Ltd. Village Katha,

Baddi, Distt. Solan, H.P. to ask their workers S/Sh. Raj Kumar, Surinder Singh, Vinay

Kumar, Hans Raj, Vikas Sharma, Karam Singh & Brham Dass to perform duties on two

machines simultaneously instead of one machine after giving them monthly increment of

Rs.1000/- only and not allowing them to work on single machine as usual, resulting in their

termination from service during September, 2010 without following the provisions of The

Industrial Disputes Act, 1947 is proper and justified ? If not, to what back wages, service

benefits and relief the above named operators are entitled to from the concerned employer?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 19th December, 2011

No. 11-2/93(Lab) ID/2011/Solan.—It appears to the undersigned that an industrial dispute

about the following issue exist between Sh. Rajesh Kumar S/O Sh. Jagat Ram, Resident of Shop

No. 107, Subji Mandi, Shimla, H.P. V/s i) The Managing Director, Himachal Road Transport

Corporation, Shimla, ii).) The Divisional Manager, HRTC, Solan, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

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vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Shimla, constituted under

Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“ Whether termination of the services of Sh. Rajesh Kumar S/O Sh. Jagat Ram, Resident of

Shop No. 107, Subji Mandi, Shimla by i) The Managing Director, Himachal Road

Transport Corporation, Shimla, ii).) The Divisional Manager, HRTC, Solan, (H.P.) w.e.f.

20.3.2001 without giving him advance notice, without paying retrenchment compensation

and continuance of juniors & fresh appointments in service has not been denied, therefore

the action in violation of provisions of section 25-F, G & H of the Industrial Disputes Act,

1947 is legal and justified? If not, what amount of back wages, seniority, past service

benefits and compensation the above worker is entitled to from the above management?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 30th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Satish Kumar S/O Sh. Tenku Ram, Village-

Gharoo, P.O. Ropri, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH

Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services / giving breaks in the services of Sh. Satish Kumar

S/O Sh. Tenku Ram, Village-Gharoo, P.O. Ropri, Tehsil Joginder Nagar, Distt. Mandi, H.P.

from time to time during the years 1998 to 2000 by the Executive Engineer, IPH Division

Padhar, Distt. Mandi, without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

certain periods, as per policy of the Governments and availability of funds and indirectly

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admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

________

DEPARTMENT OF LABOUR & EMPLOYMENT

NOTIFICATION

Shimla-171001, 30th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Inder Singh S/O Sh. Mani Ram, Village-

Thathri ( ), P.O. Tikroo, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I &

PH Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services/giving breaks in the services of Sh. Inder Singh S/O

Sh. Mani Ram, Village- Thathri ( ), P.O. Tikroo, Tehsil Joginder Nagar, Distt. Mandi, H.P.

from time to time during the years 1998 to 2000 by the Executive Engineer, IPH Division

Padhar, Distt. Mandi, without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

certain periods, as per policy of the Governments and availability of funds and indirectly

admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 30th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Brij Bhushan S/O Sh. Mangat Ram, Village-

Nakehar, P.O. Harabag, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I &

PH Division Padhar, Distt. Mandi, H.P.

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As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services / giving breaks in the services of Sh. Brij Bhushan S/O

Sh. Mangat Ram, Village- Nakehar, P.O. Harabag, Tehsil Joginder Nagar, Distt. Mandi,

H.P. from time to time during the years 1998 to 2000 by the Executive Engineer, IPH

Division Padhar, Distt. Mandi, without complying with the provisions of section 25-F, G, &

H of ibid Act, as the abandonments are not proved but admitting non availability of work

during certain periods, as per policy of the Governments and availability of funds and

indirectly admitting continuance employment of certain juniors, is legal and justified? If

not, what amount of back wages, seniority, past service benefits and compensation the

above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 30th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Rajmal S/O Sh. Tawaroo Ram, Village

Majhwar, P.O. Jalpehar, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I

& PH Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services/giving breaks in the services of Sh. Rajmal S/O Sh.

Tawaroo Ram, Village Majhwar, P.O. Jalpehar, Tehsil Joginder Nagar, Distt. Mandi, H.P.

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from time to time during the years 1999 to 2000 by the Executive Engineer, IPH Division

Padhar, Distt. Mandi, without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

certain periods, as per policy of the Governments and availability of funds and indirectly

admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 30th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Diwan Singh S/O Sh. Jagat Ram, Village-

Ahroo, PO Sainthal, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I &

PH Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services / giving breaks in the services of Sh. Diwan Singh S/O

Sh. Jagat Ram, Village- Ahroo, PO Sainthal, Tehsil Joginder Nagar, Distt. Mandi, H.P.

from time to time during the years 1998 to 2000 by the Executive Engineer, IPH Division

Padhar, Distt. Mandi, without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

certain periods, as per policy of the Governments and availability of funds and indirectly

admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

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LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001. 30th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Kishan Singh S/O Sh. Shesh Ram Alias

Makoru Ram, Village Arthi, P.O. & Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive

Engineer, I & PH Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services / giving breaks in the services of Sh. Kishan Singh

S/O Sh. Shesh Ram Alias Makoru Ram, Village Arthi, P.O. & Tehsil Joginder Nagar, Distt.

Mandi, H.P. from time to time during the years 1999 to 2000 by the Executive Engineer,

IPH Division Padhar, Distt. Mandi, without complying with the provisions of section 25-F,

G, & H of ibid Act, as the abandonments are not proved but admitting non availability of

work during certain periods, as per policy of the Governments and availability of funds and

indirectly admitting continuance employment of certain juniors, is legal and justified? If

not, what amount of back wages, seniority, past service benefits and compensation the

above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 30th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Sher Singh S/O Sh. Bhadru Ram, VPO

Sainthal, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH Division

Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

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vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Sher Singh S/O

Sh. Bhadru Ram, VPO Sainthal, Tehsil Joginder Nagar, Distt. Mandi, by the Executive

Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the years 1998 to

2001 without complying with the provisions of section 25-F, G, & H of ibid Act, as the

abandonments are not proved but admitting non availability of work during certain periods,

as per policy of the Governments and availability of funds and indirectly admitting

continuance employment of certain juniors, is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above worker is entitled

to from the above employer?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 30th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Dhani Ram S/O Sh. Mangat Ram, Village Dari,

P.O. Jalpehar, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH

Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Dhani Ram S/O

Sh. Mangat Ram, Village Dari, P.O. Jalpehar, Tehsil Joginder Nagar, Distt. Mandi, H.P. by

the Executive Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the

years 1998 to 2001 without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

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certain periods, as per policy of the Governments and availability of funds and indirectly

admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 16th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Sohan Singh S/O Sh. Tradhu Ram, Village

Nansai, P.O. Sidhpur, Tehsil Sarkaghat, Distt. Mandi, H.P. V/S The Executive Engineer, HPPWD(

B & R) Division Dharampur, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether retrenchment of services of Sh. Sohan Singh S/O Sh. Tradhu Ram, Village

Nansai, P.O. Sidhpur, Tehsil Sarkaghat, Distt. Mandi, H.P. by the Executive Engineer,

HPPWD Division Dharampur, Tehsil Sarkaghat, Distt. Mandi, H.P. w.e.f. 08.7.2005,

without following the provisions of the Industrial Disputes Act, 1947 is legal and justified?

If not, what amount of back wages, seniority, past service benefits and compensation the

above Ex-Worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 16th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Krishan Pal S/O Sh. Narpat Ram, Village-

Gwala, P.O. Sandhol, Tehsil Sarkaghat, Distt. Mandi, H.P. V/S The Executive Engineer, HPPWD(

B & R) Division Dharampur, Distt. Mandi, H.P.

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As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether retrenchment of services of Sh. Krishan Pal S/O Sh. Narpat Ram, Village- Gwala,

P.O. Sandhol, Tehsil Sarkaghat, Distt. Mandi, H.P. by the Executive Engineer, HPPWD

Division Dharampur, Tehsil Sarkaghat, Distt. Mandi, H.P. w.e.f. 08.7.2005, without

following the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not,

what amount of back wages, seniority, past service benefits and compensation the above

Ex-Worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 16th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Ravi Chand S/O Sh. Kundan Lal, Village Bhri,

P.O. Kot, Tehsil Sarkaghat, Distt. Mandi, H.P. V/S The Executive Engineer, HPPWD( B & R)

Division Dharampur, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether retrenchment of services of Sh. Ravi Chand S/O Sh. Kundan Lal, Village Bhri,

P.O. Kot, Tehsil Sarkaghat, Distt. Mandi by the Executive Engineer, HPPWD Division

Dharampur, Tehsil Sarkaghat, Distt. Mandi, H.P. w.e.f. 08.7.2005, without following the

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provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above Ex-Worker is

entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 16th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Sanjay Kumar S/O Sh. Sher Singh, Village-

Haryanal, P.O. Tanehad, Tehsil Sarkaghat, Distt. Mandi, H.P. V/S The Executive Engineer,

HPPWD( B & R) Division Dharampur, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether retrenchment of services of Sh. Sanjay Kumar S/O Sh. Sher Singh, Village-

Haryanal, P.O. Tanehad, Tehsil Sarkaghat, Distt. Mandi, H.P. by the Executive Engineer,

HPPWD Division Dharampur, Tehsil Sarkaghat, Distt. Mandi, H.P. w.e.f. 08.7.2005,

without following the provisions of the Industrial Disputes Act, 1947 is legal and justified?

If not, what amount of back wages, seniority, past service benefits and compensation the

above Ex-Worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 27th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Sunka Ram S/O Sh. Roshan Lal, VPO Tikroo,

Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH Division Padhar,

Distt. Mandi, H.P.

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As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services / giving breaks in the services of Sh. Sunka Ram S/O

Sh. Roshan Lal, VPO Tikroo, Tehsil Joginder Nagar, Distt. Mandi, H.P. from time to time

during the years 1998 to 2000 by the Executive Engineer, IPH Division Padhar, Distt.

Mandi, without complying with the provisions of section 25-F, G, & H of ibid Act, as the

abandonments are not proved but admitting non availability of work during certain periods,

as per policy of the Governments and availability of funds and indirectly admitting

continuance employment of certain juniors, is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above worker is entitled

to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 27th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Chatter Singh S/O Sh. Chanchal Ram, VPO

Ropri Kalehru, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH

Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services / giving breaks in the services of Sh. Chatter Singh

S/O Sh. Chanchal Ram, VPO Ropri Kalehru, Tehsil Joginder Nagar, Distt. Mandi, H.P.

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from time to time during the years 1998 to 2000 by the Executive Engineer, IPH Division

Padhar, Distt. Mandi, without complying with the provisions of section 25-F, G, & H of ibid

Act, as the abandonments are not proved but admitting non availability of work during

certain periods, as per policy of the Governments and availability of funds and indirectly

admitting continuance employment of certain juniors, is legal and justified? If not, what

amount of back wages, seniority, past service benefits and compensation the above worker

is entitled to from the above employer?”

Sd/-

Labour Commissioner.

________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 27th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Sh. Budhi Singh S/O Sh. Chuhru Ram, Village-

Oder, P.O. Bassi, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH

Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Sh. Budhi Singh S/O

Sh. Chuhru Ram, Village- Oder, P.O. Bassi, Tehsil Joginder Nagar, Distt. Mandi, by the

Executive Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the years

1998 to 2000 without complying with the provisions of section 25-F, G, & H of ibid Act, as

the abandonments are not proved but admitting non availability of work during certain

periods, as per policy of the Governments and availability of funds and indirectly admitting

continuance employment of certain juniors, is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above worker is entitled

to from the above employer?”

Sd/-

Labour Commissioner.

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LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 27th December, 2011

No. 11-23/84(Lab) ID/2011/Mandi.—It appears to the undersigned that an industrial

dispute about the following issue exist between Smt. Ramkali W/O Sh. Khem Singh, Village &

P.O. Majharnoo, Tehsil Joginder Nagar, Distt. Mandi, H.P. V/s The Executive Engineer, I & PH

Division Padhar, Distt. Mandi, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services /giving breaks in the services of Smt. Ramkali W/O

Sh. Khem Singh, Village & P.O. Majharnoo, Tehsil Joginder Nagar, Distt. Mandi, by the

Executive Engineer, IPH Division Padhar, Distt. Mandi, from time to time during the years

1998 to 2000 without complying with the provisions of section 25-F, G, & H of ibid Act, as

the abandonments are not proved but admitting non availability of work during certain

periods, as per policy of the Governments and availability of funds and indirectly admitting

continuance employment of certain juniors, is legal and justified? If not, what amount of

back wages, seniority, past service benefits and compensation the above worker is entitled

to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 08th December, 2011

No. 11-3/93(Lab) ID/2011/Kullu.—It appears to the undersigned that industrial disputes

about the following issue exist between Van Mazdoor Sanghthan, Reg. No. VI-9517, Mohal,

District Kullu, H.P. through its President Rajender Singh, S/O Shri Tej Ram R/O Village- Kartah,

P.O. Ropa, Sub Tehsil Sainj, Distt. Kullu, H.P. V/s i) The Principal Chief Conservator of Forests,

Talland, Shimla-171001. ii) The Chief Conservator of Forests, National Park Shamshi, Tehsil &

Distt. Kullu, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

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vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether demand no. 2, 3 & 4 of demand notice dated- 18.10.2009 (Copy-Enclosed),

raised by Van Mazdoor Sanghthan, Reg. No. VI-9517, Mohal, District Kullu, H.P. through

its President Rajender Singh, S/O Shri Tej Ram R/O Village- Kartah, P.O. Ropa, Sub Tehsil

Sainj, Distt. Kullu, (H.P.) before the i) Principal Secretary (Forest) to the Govt. of Himachal

Pradesh, Shimla-2. ii) The Principal Chief Conservator of Forests, Talland, Shimla-171001

and iii) The Chief Conservator of Forests, National Park Shamshi, Tehsil & Distt. Kullu,

(H.P.), are legal and justified? If yes, what relief of service benefits the aggrieved workmen

are entitled to?”

Sd/-

Labour Commissioner.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14th December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Vinod Kumar S/O Sh. Amba Dutt, Village Naghiar,

P.O. Talai, Tehsil Jhandutta, Distt. Bilaspur, H.P. V/S i) The SDM(Ghumarwin)-cum-Chairman

Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath

Temple Trust, Talai, Distt. Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Vinod Kumar S/O Sh. Amba Dutt, Village

Naghiar, P.O. Talai, Tehsil Jhandutta, Distt. Bilaspur, H.P. w.e.f. 21.5.2007 by the i) The

SDM(Ghumarwin)-cum-Chairman Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii)

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The Incharge, Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing charge

sheet, without conducting enquiry and without complying with the provisions of the Industrial

Disputes Act, 1947, is legal and justified? If not, what amount of back wages, seniority, past

service benefits, the above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14th December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Rajinder Kumar S/O Sh. Parkash Chand, Village-

Naghiar, P.O. Talai, Distt. Bilaspur, H.P. V/S i) The SDM(Ghumarwin)-cum-Chairman Baba Balak

Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust,

Talai, Distt. Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Rajinder Kumar S/O Sh. Parkash Chand,

Village- Naghiar, P.O. Talai, Distt. Bilaspur, H.P. w.e.f. 21.5.2007 by the i) The

SDM(Ghumarwin)-cum-Chairman Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur,

H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. without

issuing charge sheet, without conducting enquiry and without complying with the

provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what amount of

back wages, seniority, past service benefits, the above worker is entitled to from the above

employer?”

Sd/-

Labour Commissioner.

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LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14th December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Rajinder Kumar S/O Sh. Jagarnath, Village- Jhabola,

P.O. Talai, Distt. Bilaspur, H.P. V/S i) The SDM(Ghumarwin)-cum-Chairman Baba Balak Nath

Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai,

Distt. Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Rajinder Kumar S/O Sh. Jagarnath, Village-

Jhabola, P.O. Talai, Distt. Bilaspur, H.P. w.e.f. 17.4.2007 by the i) The SDM(Ghumarwin)-

cum-Chairman Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The

Incharge, Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing

charge sheet, without conducting enquiry and without complying with the provisions of the

Industrial Disputes Act, 1947, is legal and justified? If not, what amount of back wages,

seniority, past service benefits, the above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14th December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Narinder Singh S/O Sh. Paras Ram, Village Bhagatpur,

P.O. Talai, Distt. Bilaspur, H.P. V/S i) The SDM(Ghumarwin)-cum-Chairman Baba Balak Nath

Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai,

Distt. Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

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vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Narinder Singh S/O Sh. Paras Ram, Village

Bhagatpur, P.O. Talai, Distt. Bilaspur, H.P. w.e.f. 14.4.2006 by i) The SDM(Ghumarwin)-

cum-Chairman Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The

Incharge, Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing

charge sheet, without conducting enquiry and without complying with the provisions of the

Industrial Disputes Act, 1947, is legal and justified? If not, what amount of back wages,

seniority, past service benefits, the above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14th December, 2011

No.: 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial

disputes about the following issue exist between Sh. Sanjay Kumar S/O Sh. Roshan Lal, VPO -

Talai, Distt. Bilaspur, H.P. V/S i) The SDM (Ghumarwin)-cum-Chairman Baba Balak Nath Temple

Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai, Distt.

Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Sanjay Kumar S/O Sh. Roshan Lal, VPO -Talai,

Distt. Bilaspur, H.P. w.e.f. 21.5.2007 by i) The SDM(Ghumarwin)-cum-Chairman Baba

Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath

Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing charge sheet, without conducting

5427

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

enquiry and without complying with the provisions of the Industrial Disputes Act, 1947, is

legal and justified? If not, what amount of back wages, seniority, past service benefits, the

above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14 December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Sanjay Kumar S/O Late Sh. Anant Ram, VPO - Talai,

Distt. Bilaspur, H.P. V/S i) The SDM (Ghumarwin)-cum-Chairman Baba Balak Nath Temple

Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai, Distt.

Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Sanjay Kumar S/O Late Sh. Anant Ram, VPO -

Talai, Distt. Bilaspur, H.P. w.e.f. 17.4.2007 by i) The SDM(Ghumarwin)-cum-Chairman

Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak

Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing charge sheet, without

conducting enquiry and without complying with the provisions of the Industrial Disputes

Act, 1947, is legal and justified? If not, what amount of back wages, seniority, past service

benefits, the above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14 December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Lal Singh S/O Late Sh. Hari Ram, VPO - Talai, Distt.

Bilaspur, H.P. V/S i) The SDM (Ghumarwin)-cum-Chairman Baba Balak Nath Temple Trust,

5428

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai, Distt.

Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Lal Singh S/O Late Sh. Hari Ram, VPO -Talai,

Distt. Bilaspur, H.P. w.e.f. 17.4.2007 by i) The SDM(Ghumarwin)-cum-Chairman Baba

Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath

Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing charge sheet, without conducting

enquiry and without complying with the provisions of the Industrial Disputes Act, 1947, is

legal and justified? If not, what amount of back wages, seniority, past service benefits, the

above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14th December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Ravinder Kumar S/O Sh. Jagdish Chand, VPO - Talai,

Distt. Bilaspur, H.P. V/S i) The SDM (Ghumarwin)-cum-Chairman Baba Balak Nath Temple

Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai, Distt.

Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned andas per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided thatthis

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

5429

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

“Whether termination of the services of Sh. Ravinder Kumar S/O Sh. Jagdish Chand, VPO -

Talai, Distt. Bilaspur, H.P. w.e.f. 17.4.2007 by i) The SDM(Ghumarwin)-cum-Chairman

Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak

Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing charge sheet, without

conducting enquiry and without complying with the provisions of the Industrial Disputes

Act, 1947, is legal and justified? If not, what amount of back wages, seniority, past service

benefits, the above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14th December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Raj Kumar S/O Sh. Hans Raj, VPO - Talai, Distt.

Bilaspur, H.P. V/S i) The SDM (Ghumarwin)-cum-Chairman Baba Balak Nath Temple Trust,

Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai, Distt.

Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Raj Kumar S/O Sh. Hans Raj, VPO - Talai,

Distt. Bilaspur, H.P. w.e.f. 17.4.2007 by i) The SDM(Ghumarwin)-cum-ChairmanBaba

Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath

Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing charge sheet, without conducting

enquiry and without complying with the provisions of the Industrial Disputes Act, 1947, is

legal and justified? If not, what amount of back wages, seniority,past service benefits, the

above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

5430

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14th December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Sanjay Kumar S/O Sh. Ram Chandar, VPO - Talai,

Distt. Bilaspur, H.P. V/S i) The SDM (Ghumarwin)-cum-Chairman Baba Balak Nath Temple

Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai, Distt.

Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Sanjay Kumar S/O Sh. Ram Chandar, VPO -

Talai, Distt. Bilaspur, H.P. w.e.f. 21.5.2007 by i) The SDM(Ghumarwin)-cum-Chairman

Baba Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak

Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing charge sheet, without

conducting enquiry and without complying with the provisions of the Industrial Disputes

Act, 1947, is legal and justified? If not, what amount of back wages, seniority, past service

benefits, the above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

_________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, 14 December, 2011

No. 11-2/86(Lab) ID/2011/Bilaspur.—It appears to the undersigned that industrial disputes

about the following issue exist between Sh. Surinder Kumar S/O Sh. Dev Raj, VPO - Talai, Distt.

Bilaspur, H.P. V/S i) The SDM (Ghumarwin)-cum-Chairman Baba Balak Nath Temple Trust,

Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath Temple Trust, Talai, Distt.

Bilaspsur, H.P.

As per the report under section 12(4) of The Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

5431

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

vested under Sub Section 5 of Section 12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: 19-8/89-Shram (Loose), Dated 7th September, 1992 and as per

power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947)

this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamsala, constituted

under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Sh. Surinder Kumar S/O Sh. Dev Raj, VPO -Talai,

Distt. Bilaspur, H.P. w.e.f. 17.4.2007 by i) The SDM(Ghumarwin)-cum-Chairman Baba

Balak Nath Temple Trust, Talai, Distt. Bilaspsur, H.P. ii) The Incharge, Baba Balak Nath

Temple Trust, Talai, Distt. Bilaspsur, H.P. without issuing charge sheet, without conducting

enquiry and without complying with the provisions of the Industrial Disputes Act, 1947, is

legal and justified? If not, what amount of back wages, seniority, past service benefits, the

above worker is entitled to from the above employer?”

Sd/-

Labour Commissioner.

&&&&&&&

c vnkyr Jh Mh0 ,l0 pkSgku] dk;Zdkjh n.Mkf/kdkjh fVDdj] mi&rglhy fVDdj] ftyk f'keyk]

fgekpy izns'k

Jherh iwtk iRuh Jh iznhi flag pkSgku] fuoklh xzke djklk] rglhy jksgM+w] ftyk f'keyk]

fgekpy izns'k

cuke

vke turk

gjxkg vke turk dks lwfpr fd;k tkrk gS fd Jherh f=irk mijksDr us bl vnkyr esa uke

n#Lrh gsrq izkFkZuk&i= xqtkj j[kk gS fd ml dk uke jktLo vfHkys[k esa f=irk ntZ gS ftl ckjs

mijksDr izkFkhZ us 'kiFk&i= nk;j fd;k gS fd mldk uke 'kknh ds ckn iwtk iRuh Jh iznhi flag pkSgku

iapk;r fjdkMZ esa ntZ gSA vr% jktLo fjdkMZ esa iwtk ntZ gksuk gSA

vr% bl fo"k; esa fdlh dk dksbZ mtj o ,rjkt gks rks og vlkyru o odkyru fefr

3&2&2012 dks izkr% 10-00 cts bl vnkyr esa iSjoh gsrq is'k gks vU;Fkk ikVhZ ds i{k eas vkns'k ikfjr fd,

tkosaxsA

vkt fnukad 4&1&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh fd;k x;kA

eksgjA

Mh0 ,l0 pkSgku]

dk;Zdkjh n.Mkf/kdkjh fVDdj]

mi&rglhy fVDdj] ftyk f'keyk] fgekpy izns'kA

5432

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

c vnkyr dk;Zdkjh n.Mkf/kdkjh ,oa rglhynkj vdhZ] ftyk lksyu] fgekpy izns'k

Jh Vsd pUn iq= Jh jke lju] fuoklh xkao f'kyMq] Mk0 cFkkyax] rglhy vdhZ] ftyk lksyu]

fgekpy izns'k

- -oknhA

cuke

vke turk] xzke iapk;r iykfu;k] rglhy vdhZ

- -izfroknhA

b'rgkj tsj /kkjk 13¼3½ tUe ,oa e`R;q vf/kfu;e] 1969-

b'rgkj vkeA

gj turk dks lwfpr fd;k tkrk gS fd oknh Jh Vsd pUn iq= Jh jke lju] fuoklh xkao f'kyMq]

Mk0 cFkkyax] rglhy vdhZ] ftyk lksyu] fgekpy izns'k us bl vnkyr esa vius ikS= fl)kFkZ iq= Jh

fnus'k dqekj ftldh tUe frfFk 17&8&2008 gS dks iathdkj ds dk;kZy; esa iathd`r djus gsrq izkFkZuk&i=

tsj /kkjk 13¼3½ tUe ,oa e`R;q vf/kfu;e] 1969 ds rgr fn;k gSA ;fn fdlh Hkh O;fDr dks bl tUe frfFk

ds iathd`r djus esa ,rjkt gks rks og fnukad 2&2&2012 dks ;k blls iwoZ fdlh Hkh dk;Z fnol esa viuk

,rjkt fyf[kr ;k ekSf[kd :i esa gkftj vkdj is'k dj ldrk gSA ckn xqtjus fe;kn ,rjkt dkcys

lek;r ugha gksxkA

vkt fnukad 4&1&2012 dks gekjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh ,oa rglhynkj]

vdhZ] ftyk lksyu] fgekpy izns'kA

&&&&&&&

c vnkyr dk;Zdkjh n.Mkf/kdkjh ,oa rglhynkj vdhZ] ftyk lksyu] fgekpy izns'k

Jh fnos'k 'kekZ iq= Jh izse 'kekZ] fuoklh xkao o Mk0 ckry] rglhy vdhZ] ftyk lksyu] fgekpy

izns'k

- -oknhA

cuke

vke turk] xzke iapk;r nsojk] rglhy vdhZ

- -izfroknhA

b'rgkj tsj /kkjk 13¼3½ tUe ,oa e`R;q vf/kfu;e] 1969-

b'rgkj vkeA

gj turk dks lwfpr fd;k tkrk gS fd oknh Jh fnos'k 'kekZ iq= Jh izse 'kekZ] fuoklh xkao o Mk0

ckry] rglhy vdhZ] ftyk lksyu] fgekpy izns'k us bl vnkyr esa viuh csVh f'koka'kh iq=h Jh fnos'k

'kekZ ftldh tUe frfFk 23&10&2007 gS dks iathdkj ds dk;kZy; esa iathd`r djus gsrq izkFkZuk&i= tsj

/kkjk 13¼3½ tUe ,oa e`R;q vf/kfu;e] 1969 ds rgr fn;k gSA ;fn fdlh Hkh O;fDr dks bl tUe frfFk ds

iathd`r djus esa ,rjkt gks rks og fnukad 2&2&2012 dks ;k blls iwoZ fdlh Hkh dk;Z fnol esa viuk

,rjkt fyf[kr ;k ekSf[kd :i esa gkftj vkdj is'k dj ldrk gSA ckn xqtjus fe;kn ,rjkt dkcys

lek;r ugha gksxkA

vkt fnukad 4&1&2012 dks gekjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh ,oa rglhynkj]

vdhZ] ftyk lksyu] fgekpy izns'kA

5433

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

U;k;ky; lgk;d lekgrkZ] izFke oxZ vdhZ] ftyk lksyu] fgekpy izns'k

fely ua0 01@13ch vkWQ 2012

Jh dqynhi flag iq= Jh cynso flag] fuoklh xkao dgM+ksx] rglhy vdhZ] ftyk lksyu] fgekpy

izns'kA

cuke

vke turk

jktLo dkxtkr esa uke dh n#Lrh gsrq izkFkZuk&i=A

b'rgkj cuke vke turkA

mijksDr izkFkZuk&i= izkFkhZ Jh dqynhi flag iq= Jh cynso flag] fuoklh xkao dgM+ksx] rglhy

vdhZ us bl U;k;ky; esa bl vk'k; ds lkFk izLrqr fd;k gS fd mlds firk dk uke jktLo vfHkys[k esa

cjMw jke fy[kk x;k gS tcfd mlds firk dk vlyh uke cynso flag FkkA lR;rk dh iqf"V gsrq mlus

vius izkFkZuk&i= ds lkFk viuk C;ku gfYQ;k] lfpo] xzke iapk;r clariqj ds izek.k&i=] xzkeh.k jktLo

vf/kdkjh] Hkw&O;oLFkk dgM+ksx ds izek.k&i= dh Nk;k izfr rFkk tekcanh dh udy layXu dh gSA izkFkhZ

pkgrk gS fd mlds firk dk uke jktLo vfHkys[k esa cynso flag ntZ fd;k tk;sA bl lEcU/k esa gj vke

o [kkl dks lwfpr fd;k tkrk gS fd ;fn bl uke dh n#Lrh esa fdlh O;fDr dks dksbZ vkifRr gks rks og

vius ,rjkt bl U;k;ky; esa fnukad 2&2&2012 dks izLrqr dj ldrk gSA mDr frfFk ds i'pkr~ dksbZ Hkh

mtj ;k ,rjkt dkcys lek;r ugha gksxk rFkk iapk;r vfHkys[k esa n#Lrh uke ds vkns'k ikfjr dj fn;s

tk,axsA

vkt fnukad 4&1&2012 dks gekjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh ,oa rglhynkj]

vdhZ] ftyk lksyu] fgekpy izns'kA

&&&&&&&&&

U;k;ky; dk;Zdkjh n.Mkf/kdkjh] vdhZ] ftyk lksyu] fgekpy izns'k

fely ua0 @vkWQ 2012

Jherh dkUrk nsoh iRuh Lo0 Jh ohj flag] fuoklh xkao o iks0 vks0 eT;kV] rglhy vdhZ] ftyk

lksyu] fgekpy izns'kA

cuke

vke turk

iapk;r dkxtkr@ifjokj jftLVj esa uke dh n#Lrh gsrq izkFkZuk&i=A

b'rgkj cuke vke turkA

mijksDr izkFkZuk&i= izkfFkZ;k Jherh dkUrk nsoh iRuh Lo0 Jh ohj flag] fuoklh xkao o iks0 vks0

eT;kV] rglhy vdhZ us bl U;k;ky; esa bl vk'k; ds lkFk izLrqr fd;k gS fd mldk uke iapk;r

vfHkys[k@ifjokj jftLVj esa lhrk nsoh fy[kk x;k gS tcfd mldk uke oksVj dkMZ esa dkUrk nsoh gS tks

5434

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

mldk lgh uke gSA lR;rk dh iqf"V gsrq mlus vius izkFkZuk&i= ds lkFk viuk C;ku gfYQ;k] oksVj dkMZ

dh Nk;k izfr layXu dh gSA izkfFkZ;k us dksbZ f'k{kk xzg.k ugha dh gS ftl ckjs mlus viuk C;ku gYQh Hkh

izLrqr fd;k gSA og pkgrh gS fd mldk uke iapk;r vfHkys[k@ifjokj jftLVj esa dkUrk nsoh ntZ fd;k

tk;sA bl lEcU/k esa gj vke o [kkl dks lwfpr fd;k tkrk gS fd ;fn bl uke dh n#Lrh esa fdlh

O;fDr dks dksbZ vkifRr gks rks og vius ,rjkt bl U;k;ky; esa fnukad 2&2&2012 dks izLrqr dj ldrk

gSA mDr frfFk ds i'pkr~ dksbZ Hkh mtj ;k ,rjkt dkcys lek;r ugha gksxk rFkk iapk;r vfHkys[k esa

n#Lrh uke ds vkns'k ikfjr dj fn;s tk,axsA

vkt fnukad 4&1&2012 dks gekjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh ,oa rglhynkj]

vdhZ] ftyk lksyu] fgekpy izns'kA

&&&&&&&&&

mPprj f”k{kk foHkkx

vf/klwpuk

f”keyk&2] 30 tuojh] 2012

la[;k% bZ0Mh0,u0&lh&ch¼13½1@2010-&fgekpy izns”k dh jkT;iky] Hkkjr ds lfo/kku ds vuqPNsn

309 ds ijUrqd }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq,] fgekpy izns”k yksd lsok vk;ksx ds ijke”kZ ls]

fgekpy izns”k mPprj f”k{kk foHkkx] eq[;k/;kid@eq[;k/;kfidk oxZ&II ¼vjktif=r ½ds in ds fy, bl

vf/klwpuk ls layXu mikcU/k&^d* ds vuqlkj HkrhZ ,ao izksUufr fu;e cukrh gS] vFkkZr%&

1-

laf{kIr uke vkSj izkjEHk-&¼1½ bu fu;eksa dk lf{kIr uke fgekpy izns”k mPPrj f”k{kk

foHkkx eq[;k/;kid@eq[;k/;kfidk oxZ&II-¼vjktif+=r½ HkrhZ vkSj izksUufr fu;e] 2012 gSA

¼2½

;s fu;e jkti=-fgekpy izns’k esa izdkf”kr fd, tkus dh rkjh[k ls izo`Rr gkasxs A

2-

fujlu vkSj O;ko`fRR;ka-&¼1½ bl foHkkx dh vf/klwpuk la[;k%bZ0Mh0,u0&,&[k¼15½

40@95¼ch½ rkjh[k 5 Qjojh]1998 }kjk vf/klwfpr fgekpy izns”k f”k{kk foHkkx jktdh; mPp ikB”kkykvksa

ds eq[;k/;kid@eq[;k/;kfidk oxZ&II ¼vjktif=r½ HkrhZ ,ao izksUufr fu;e-1997 dk ,rn~}kjk fujlu

fd;k tkrk gS A

¼2½

,sls fujlu ds gksrs gq, Hkh mi;qZDr mi&fu;e ¼1½ ds v/khu bl izdkj fujflr fu;eksa ds

v/khu dh xbZ dksbZ fu;qfDr] ckr ;k dkjZokbZ bu fu;eksa ds v/khu fof/kekU; :i esa dh xbZ le>h tk,xhA

vkns”k }kjk]

gLrk{kfjr@&

lfpo ¼f”k{kk½A

5435

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

mikcU/k-&ßdÞ

fgekpy izns”k] mPprj f'k{kk foHkkx esa eq[;k/;kid@eq[;k/;kfidk] oxZ&II ¼vjktif=r½s ds in ds fy,

HkrhZ ,oa izksUufr fu;e

1-

in dk uke-&eq[;k/;kid@eq[;k/;kfidk

2-

inksa dh la[;k-&1078 ¼,d gtkj vVgRrj ½

3-

oxhZdj.k-&oxZ&II ¼vjktif=r½ A

4-

osrueku-&10300&34800@:i, $ 4400 :i, xzsM is

5-

p;u in vFkok vp;u in-&vp;u in A

6-

lh/kh HkrhZ ds fy, vk;q-&ykxw ughs A

7-

lh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, visf{kr U;wure 'kSf{kd vkSj vU; vgZrk,a-&ykxw

ughs A

8-

lh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, fofgr vk;q vkSj 'kSf{kd vgrkZ,a izksUur

O;fDr;ksa dh n”kk esa ykxw gksxha ;k ugha-&ykxw ugha A

9-

ifjoh{kk dh vof/k] ;fn dksbZ gks-&nks o"kZ ftldk ,d o"kZ ls vuf/kd ,slh vkSj vof/k ds

fy, foLrkj fd;k tk ldsxk tSlk l{ke izkf/kdkjh] fo”ks"k ifjfLFkfr;ksa esa vkSj fyf[kr dkj.kksa ls vkns”k

nsaA

10-

HkrhZ dh i)fr% HkrhZ lh/kh gksxh ;k izksUufr] izfrfu;qfDr] LFkkukUrj.k }kjk vkSj fofHkUu

i)fr;ksa }kjk Hkjs tkus okys inksa dh izfr'krrk-&”krizfr”kr izksUufr }kjk A

11-

izksUufr] izfrfu;qfDr] LFkkukUrj.k dh n'kk esa Jsf.k;ka ¼xzsM½]ftuls izksUufr] izfrfu;qfDr]

LFkkukUrj.k fd;k tk,xk-&izf'kf{kr Lukrd v/;kidksa esa ls izksUufr }kjk] ftudk vkB o"kZ dk fu;fer

lsokdky ;k xszM esa dh xbZ yxkrkj rnFkZ lsok ;fn dksbZ gks] dks lfEefyr djds vkB o"kZ dk fu;fer

lsokdky gks(

ijUrq ;g fd izksUufr ds iz;kstu ds fy, ik= deZpkfj;ksa dh xzsM esa muds lsokdky ds vk/kkj ij

mudh dkMj okj ofj"Brk dks NsM+s fcuk la;qDr ofj"Brk rS;kj dh tk,xh A

ijUrq izksUufr ds iz;kstu ds fy, izR;sd deZpkjh dks tutkrh;@nqxZe {ks=ksa esa in¼inksa½ dh ,sls

{ks=ksa esa Ik;kZIr la[;k dh miyC/krk ds v/;/khu] de ls de ,d dk;Zdky rd lsok djuh gksxh %

ijUrq ;g vkSj fd mi;qZDr ijUrqd mu deZpkfj;ksa ds ekeys esa ykxw ugha gksxk ]ftudh vf/kof"kZrk

ds fy, ikap o o"kZ ;k mlls de dh lsok ’ks"k jgh gks%

ijUrq ;g vkSj Hkh fd mu vf/kdkfj;ksa@deZpkfj;ksa dk] ftUgksaus tutkrh;@nqxZe {ks= esa de ls

de ,d dk;Zdky rd lsok ugha dh gS] ,sls {ks= esa mlds vius laoxZ ¼dkMj½ esa loZFkk ofj"Brk ds

vuqlkj LFkkukUrj.k fd;k tk,xk %

5436

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

mi;qZDr ijUrqd ds iz;kstu ds fy, tutkrh;@nqxZe {ks=ksa eas ßdk;ZdkyÞ ls lk/kkj.kr;k rhu o"kZ

dh vof/k ;k iz”kklfud vis{kkvksa vkSj deZpkjh }kjk fd, x, dk;Z dks /;ku esa j[krs gq, ,sls {ks=ksa esa

rSukrh dh blls de vof/k vfHkizsr gksxhA

mi;qZDr ijUrqd ds iz;kstu ds fy, tutkrh;@nqxZe {ks= fuEu izdkj ls gksxsa a%&

1-

ftyk ykgkSy ,oa fLifr A

2-

pEck ftyk dk ikaxh vkSj HkjekSj mi&e.My A

3-

jksgM+w mi&e.My dk MksMjk Dokj {ks= A

4-

ftyk f”keyk dh jkeiqj rglhy dka iUnzg chl ijxuk] equh"k njdkyh vkSj xzke iapk;r

dk”kkikVA

5-

dqYyw ftyk dk iUnzg chl ijxuk A

6-

dkaxM+k ftyk ds cStukFk mi&e.My dk cM+k Hkaxky {ks=A

7-

ftyk fdUukSj A

8-

fljekSj ftyk esa mi&rglhy dejm ds dkBokM+ vkSj dksjxk iVokj o`Rr] js.kqdkth

rglhy ds HkykM+&HkykSuk vkSj lkaxuk iVokj o`Rr vkSj f”kykbZ rglhy dk dksVk ikc

iVokj o`RkA

9-

e.Mh ftyk eas djlksx rglhy dk [ku;ks&cxM+k iVokj o`r] ckyh pkSdh mi&rglhy ds

xkM+k xqlS.kh] efFk;kuh] ?kfu;kj] Fkkph] ckxh] lksex<+ vkSj [kksykuky] in~nj rglhy dsa

>jokj] dqVx<+] xzke.k] nsox<+] V~zkbZyk] jksik] dFkksx]flYg&HkMokuh] gLriqj] ?kejsgj] vkSj

HkVsgM+ iVokj o`Rr] Fkqukx rglhy dsa fp;w.kh] dkyhikj] ekux<] Fkkp&cxM+k] mRrjh ex:

vkSj nf{k.k ex: iVokj o`Rr vkSj lqUnjuxj rglhy dk cVokM+k iVokj o`r A

¼1½

izksufUr ds lHkh ekeyksa esa in ij fu;fer fu;qfDr ls iwoZ lEHkjd ¼iks"kd½ in esa dh xbZ

yxkrkj rnFkZ lsok] ;fn dksbZ gks] izksUufr ds fy, bu fu;eksa esa ;Fkkfofgr lsokdky ds fy,] bl “krZ ds

v/khu jgrs gq, x.kuk esa yh tk,xh] fd lEHkjd ¼iks"kd½ izoxZ esa rnFkZ fu;qfDr@izksUufr] HkrhZ vkSj izksUufr

fu;eksa ds micU/kksa ds vuqlkj p;u dh mfpr Lohdk;Z izfdz;k dks viukus ds Ik’pkr~ dh xbZ Fkh(

ijUrq mu lHkh ekeyksa esa] ftuesa dksbZ dfu"B O;fDr lEHkjd in esa vius dqy lsokdky ¼rnFkZ

vk/kkj ij dh xbZ rnFkZ lsok lfgr tks fu;fer lsok@fu;qfDr ds vuqlj.k esa gks½ ds vk/kkj ij mi;qZDr

fufnZ"V micU/kksa ds dkj.k fopkj fd, tkus dk ik= gks tkrk gS] ogka vius&vius izoxZ@in@dkMj esa

mlls ofj"B lHkh O;fDr fopkj fd, tkus ds ik= le>s tk,axs vkSj fopkj djrs le; dfu"B O;fDr ls

Åij j[ks tk,axs %

ijUrq ;g vkSj fd mu lHkh in/kkfj;ksa dh ftu ij izksUufr ds fy, fopkj fd;k tkuk gS] de ls

de rhu o"kZ dh U;wure vgZrk lsok ;k in ds HkrhZ ,oa izksUufr fu;eksa esa fofgr lsok] tks Hkh de gks]

gksxh %

ijUrq ;g vkSj Hkh fd tgka dksbZ O;fDr iwoZxkeh ijUrqd dh vis{kkvksa ds dkj.k izksUufr fd, tkus

lEcU/kh fopkj ds fy, vik= gks tkrk gS] ogka mlls dfu"B O;fDr Hkh ,slh izksUufr ds fopkj ds fy,

vik= le>k tk,xk@le>s tk,xs A

5437

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

Li"Vhdj.k-&vafre ijUrqd ds vUrxZr dfu"B in/kkjh izksUufr ds fy, vik= ugha le>k tk,xk

;fn ofj"B vik= O;fDr HkwriwoZ lSfud gS] ftls fMekschykbTM vkeMZ QksflZt ijlksuy ¼fjtosZ”ku vkWQ

oSdsUlht bu fgekpy LVsV ukWu VSDuhdy lfoZlht½ :Yt] 1972 ds fu;e&3 ds micU/kksa ds vUxZr HkrhZ

fd;k x;k gS vkSj buds vUrxZr ojh;rk ykHk fn, x, gksa ;k ftls ,Dl lfoZleSu ¼fjtos”ku vkWQ

oSdsUlht bu nh fgekpy izns”k VSDuhdy lfoZlht½ :Yt] 1985 ds fu;e&3 ds micU/kksa ds vUrxZr HkrhZ

fd;k x;k gks vkSj buds vUrxZr ojh;rk ykHk fn, x, gks A

¼2½

blh izdkj LFkkbZdj.k ds lHkh ekeyksa esa ,sls in ij fu;fer fu;qfDr ls iwoZ dh lEHkjd

¼iks"kd½s in ij dh xbZ yxkrkj rnFkZ lsok ;fn dksbZ gks] lsokdky ds fy, x.kuk esa yh tk,xh] ;fn rnFkZ

fu;qfDr@izksUufr] mfpr p;u ds i'pkr~ vkSj HkrhZ vkSj izksUufr fu;eksa ds micU/kksa ds vuqlkj dh xbZ Fkh %

ijUrq dh xbZ mi;qDr fufnZ"V rnFkZ lsok dks x.kuk esa ysus ds i'pkr~ tks LFkkbZdj.k gksxk] mlds

QyLo:Ik ikjLifjd ojh;rk vifjofrZr jgsxhA

12-

;fn foHkkxh; izksUufr lfefr fo|eku gks rks mldh lajpuk-&tSlh ljdkj }kjk

le;&le; ij xfBr dh tk, A

13-

HkrhZ djus esa ftu ifjfLFkfr;kas esasa fgekpy izns”k yksd lsok vk;ksx ls ijke’kZ fd;k

tk,xk-&TkSlk fof/k }kjk visf{kr gks A

14-

Lkh/kh HkrhZa ds fy, vfuok;Z vis{kk,a-&Ykkxw ugha A

15-

Lkh/kh HkrhZ }kjk in ij fu;qfDr ds fy, p;u-&Ykkxw ugha A

16-

vkj{k.k-&lsok esa fu;qfDr] fgekpy izns”k ljdkj }kjk] le;&le; ij vuqlwfpr tkfr;ksa

@vuqlwfpr tutkfr;ksa@vU; fiNMs+ oxksZa vkSj vU; izoxZ ds O;fDr;ksa ds fy, lsok esa vkj{k.k dh ckcr

tkjh fd, x, vuqn”kksa ds v/khu gksxh A

17-

foHkkxh; ijh{kk-&Ykxw ugha A

18-

f'kfFky djus dh 'kfDr-&tgka jkT; ljdkj dh ;g jk; gks fd ,slk djuk vko”;d ;k

lehphu gS] ogka og dkj.kksa dks fyf[kr esa vfHkfyf[kr djds vkSj fgekpy izns”k yksd lsok vk;ksx ds

ijke’kZ ls] vkns”k }kjk] bu fu;eksa ds fdUgha micU/kksa dks fdlh oxZ ;k O;fDr;ksa ds izoxZ ;k inksa dh

ckcr] f”kfFky dj ldsxh A

&&&&&&&

[Authoritative English text of this Department Notification No. EDN-CB(13)1/2010 dated

30th January,2012 required under clause(3) OF Article 348 of the Constitution of India].

HIGHER EDUCATION DEPARTMENT

NOTIFICATION

Shimla-171002, 30th January, 2012

No. EDC-C-B(13)1/2010.—In exercise of the powers conferred by proviso to Article 309

of the Constitution of India, the Governor, Himachal Pradesh in consultation with the Himachal

Pradesh Public Service Commission, is pleased to make the Recruitment and Promotion Rules, for

the post of Headmaster/Headmistress,Class-II (Non-Gazetted) in the Department of Higher

Education, Himachal Pradesh as per Annexure "A” attached to this notification; namely:-

5438

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

1.

Short Title and Commencement.—(1) These rules may be called the Himachal

Pradesh Higher Education Department, Headmaster/Headmistress, Class-II(Non-Gazetted)

Recruitment and Promotion Rules, 2012.

(2)

These rules shall come into force from the date of publication in the Rajpatra,

Himachal Pradesh.

2.

Repeal & Saving.— (1) The Himachal Pradesh, Education Department

Headmaster/Headmistress of Govt. High Schools, Class-II (Non- Gazetted) Recruitment and

Promotion Rules,1997 notified vide this department notification No. EDN-A-Kha(15)40/95(B)

dated 5-2-1998 are hereby repealed.

2.

Notwithstanding such repeal, any appointment made or anything done or any action

taken under the rules, so repealed under subrule (1) supra shall be deemed to have been validly

made done or taken under these rules.

By order,

Sd/-

Secretary ( Education).

_________

ANNEXURE-‘A’

RECRUITMENT AND PROMOTION RULES FOR THE POST OF HEADMASTER/

HEADMISTRESS CLASS-II (NON-GAZETTED) IN THE DEPARTMENT OF HIGHER

EDUCATION HIMACHAL PRADESH

1.

Name of the post.— Headmaster/Headmistress

2.

Number of posts.—1078( One thousand seventy eight)

3.

Classification.— Class-II(Non Gazetted)

4.

Scale of Pay.—F 10300-34800 +4400 Grade Pay.

5.

Whether Selection Post or Non-Selection Post.—Non-Selection

6.

Age for direct recruitment.—Not applicable

7.

Minimum educational qualification and other qualification required for direct

recruits.—Not applicable

8.

Whether age and educational qualifications prescribed for direct recruits will

apply in the case of the promotees.—Not applicable.

9.

Period of probation, if any.—Two year subject to such further extension for a

period not exceeding one year as may be ordered by the competent authority in special

circumstances and reasons to be recorded in writing.

10.

Method of recruitment, whether by direct recruitment or by promotion,

deputation, transfer and the percentage of posts to be filled in by various methods.—100% by

promotion.

5439

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

11.

In case by recruitment by promotion, deputation, transfer grade from which

promotion/deputation/transfer is to be made.—By promotion from amongst the Trained

Graduate Teachers with 8 years of regular service or regular combined with continuous adhoc

service rendered, if any, in the grade.

Provided further that for the purpose of promotion a combined seniority of eligible officials

on the basis of length of service in the grade without disturbing their cadre wise seniority shall be

prepared.

A(1) Provided that for the purpose of promotion every employee shall have to serve atleast

one term in the Tribal/Difficult areas subject to adequate number of post(s) available in such areas:

Provided further that the proviso A(1) supra shall not be applicable in the case of those

employee who have five years or less service, left for superannuation.

Provided further that Officers/Officials who have not served atleast one tenure in

Tribal/difficult area shall be transferred to such area strictly in accordance with his/her seniority in

the respective cadre.

For the purpose of proviso A(1) supra the term in Tribal/Difficult areas shall mean normally

three years or less period of posting in such areas keeping in view the administrative requirements

and performance of the employee.

For the purpose of proviso (1) supra the Tribal/Difficult Areas shall be as under:-

1.

District Lahaul & Spiti.

2.

Pangi and Bharmour Sub Division of Chamba Division.

3.

Dodra Kawar Area of Rohru Sub Division.

4.

Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram

Panchayats of Rampur Tehsil of District Shimla.

5.

Pandrah Bis Pargana of Kullu District.

6.

Bara Bhangal Areas of Baijnath Sub Division of Kangra District.

7.

District Kinnaur.

8.

Kathwar and Korga Patwar Circles of Kamrau Sub Tehsil, Bhaladh Bhalona and

Sangna Patwar Circle of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai

Tehsil, in Sirmour District.

9.

Khanyol-Bagra Patwar Circle of Karsog Tehsil ,Gada-Gusaini, Mathyani, Ghanyar,

Thachi, Baggi, Somgad and Kholanal of Bali-Chowki Sub Tehsil,Jharwar, Kutgarh,

Graman, Devgarh, Trailla, Ropa, Kathog, Silh-Badhwani, Hastpur, Ghamrehar and

Bhatehar Patwar Circle of Padhar Tehsil,Chiuni, Kalipar, Mangarh, Thach-

Bagra,North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara

Patwar Circle of Sunder Nagar Tehsil in Mandi District.

In all cases of promotion, the continuous adhoc, service rendered in the feeder post, if any,

prior to the regular appointment to the post shall be taken into account towards the length of service

as prescribed in these rules for promotion subject to the condition that the adhoc appointment

/promotion in the feeder category had been made after following proper acceptable process of

selection in accordance with the provisions of R&P Rules;

(i)

In all cases where a junior person become eligible for consideration by virtue of his

total length of service (including the service rendered on adhoc basis followed by

regularservice/appointment) in the feeder post in view of the provisions referred to above; all

5440

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

persons senior to him in the respective category/post/cadre shall be deemed to be eligible for

consideration and placed above the junior person in the field of consideration;

Provided further that all incumbents to be considered for promotion shall possess the

minimum qualifying service of at least 03 years or that prescribed in the Recruitment and

Promotion Rules for the post, whichever is less;

Provided further that where a person becomes ineligible to be considered for promotion on

account of the requirements of the preceding proviso, the person(s) junior to him shall also be

deemed to be ineligible for consideration for such promotion.

Explanation.—The last proviso shall not render the junior incumbents ineligible for

consideration for promotion if the senior ineligible persons happened to be ex-servicemen recruited

under the provisions of Rule-3 of Demobilized Armed Forces Personnel(Reservation of Vacancies

in Himachal State Non-Technical Services) Rules,1972 and having been given the benefit of

seniority there under or recruited under the provisions of Rule-3 of Ex-servicemen (Reservation of

Vacancies in the Himachal Pradesh Technical Services) Rules,1985 and having been given the

benefit of seniority there under.

(2)

Similarly, in all cases of confirmation continuous adhoc service rendered on the

feeder post, if any, prior to the regular appointment against such post shall be taken into account

towards the length of service,if the addhoc appointment/promotion had been made after proper

selection and in accordance with the provisoin of the R&P Rules;

Provided that inter-se-seniority as a result of confirmation after taking into account, adhoc

service as referred to above shall remain unchanged.

12.

If a Departmental Promotion Committee exists, what is its composition.—As

may be constituted by the Government from time to time.

13.

Circumstances under which the H.P.P.S.C. is to be consulted in making

recruitment.—As required under the law.

14.

Essential requirement for a direct recruitment.—Not applicable

15.

Selection for appointment to post by direct recruitment.—Not applicable

16.

Reservation.—The appointment to the service shall be subject to orders regarding

reservation in the service for Scheduled Castes/Scheduled Tribes/Other Backward Classes/Other

categories of persons issued by the Himachal Pradesh Government from time to time.

17.

Departmental Examination.—Not applicable.

18.

Power to relax.—Where the State Government is of the opinion that it is necessary

or expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with

the H.P.P.S.C., relax any of the provisions of these Rules with respect to any class or category of

persons or posts.

5441

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

ELEMENTARY EDUCATION DEPRTMENT

NOTIFICATION

Shimla-2, the 30st January, 2012

No.EDN-C-F(1)2/2012-L.—The Governor, Himachal Pradesh is pleased to constitute the

Empowered Committee consisting of the following members to operationalize & to monitor the

implementation of the Atal School Uniform Yojna:-

1. Addl.Chief Secretary (Forests) to the Govt. of H.P.

Chairman

2. Pr. Secretary (Finance) to the Govt. of H. P.

Member

3. Pr. Secretary (Food & Supplies) to the Govt. of H. P.

Member

4. Pr. Secretary to Chief Minister, H.P.Shimla

Member

5. Pr. Secretary (Industries) to the Govt. of H. P.

Member

6. Secretary (Education) to the Govt. of H. P.

Member

7. Director Higher Education, H. P.

Member

8. Director Elementary Education, H. P.

Member-Secretary

The above Committee shall finalize the specification, design, colour and fixing of handling

charges etc. to be given to H. P.State Civil Supplies Corporation/other agencies for implementation

of this yojna. The Committee will be required to take all necessary steps for ensuring the timely

delivery of uniform material by 31.3.2012 and can meet as frequently as may be required.

The Governor, Himachal Pradesh is further pleased to authorize the Chairman of the above

Committee to invite any special invitee in the meeting as a Member.

By order,

Sd/-

Secretary (Ele.-Education).

__________

ifjogu foHkkx

vf/klwpuk

f'keyk&2] 27 tuojh] 2012

la[;k Vh-ih-Vh-&bZ-¼3½ 8@2006&VI.—;r% fgekpy izns'k dh jkT;iky dks ;g izrhr gksrk gS fd

fgekpy izns'k ifjogu foHkkx] }kjk vius O;; ij lkoZtfud iz;kstu ds fy, uker% dkyk vEc] rglhy

ukgu] ftyk fljekSj] fgekpy izns'k es /keZdkaVk ¼os fczt½ dh LFkkiuk gsrq Hkwfe vftZr djuh visf{kr gS]

vr,o% ,rn~}kjk ;g vf/klwfpr fd;k tkrk gS fd mDr ifj{ks= esa tSlk fd fuEu fooj.kh esa fufnZ’V fd;k

x;k gS] mDr iz;kstu ds fy, Hkwfe dk vtZu visf{kr gSA

2-

;g vf/klwpuk ,sls lHkh O;fDr;ksa dks] tks blls lEcfU/kr gS ;k gks ldrs gSa] dh tkudkjh

ds fy, Hkw&vtZu vf/kfu;e] 1894 dh /kkjk 17 ¼4½ ds lkFk ifBr /kkjk 4 ds micU/kksa ds vUrxZr tkjh dh

tkrh gSA

3-

iwoksZDr /kkjk }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq, jkT;iky] fgekpy izns'k bl midze

esa dk;ZjRr lHkh vf/kdkfj;ksa o muds deZpkfj;ksa vkSj Jfedksa dks bykds fdlh Hkh Hkwfe esa izos'k djus vkSj

losZ{k.k djus vkSj mDr /kkjk }kjk visf{kr rFkk vuqekur% lHkh vU; dk;ks± dks djus ds fy, lg’kZ

izkf/kdkj nsrs gSaA

5442

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

4-

vR;kf/kd vko';drk dks /;ku esa j[krs gq, jkT;iky] fgekpy izns'k mDr vf/kfu;e dh

/kkjk&17 dh mi&/kkjk&¼4½ ds v/khu ;g Hkh funsZ'k nsrs gSa fd mDr vf/kfu;e dh /kkjk 5 , ds micU/k

bl ekeys esa ykxw ugh gksaxsA

5-

Hkwfe ls lEcfU/kr js[kkad dk fujh{k.k dk;kZy; mie.Mykf/kdkjh ,oa Hkw&vtZu lekgrkZ

ukgu] ftyk fljekSj] fgekpy izns”k esa fd;k tk ldrk gSA

fooj.kh

ftyk

rglhy

EkkStk

[kljk ua0

jdck ¼ ch?kksa esa½

fljekSj

ukgu

vksxyh

27@1

1&01

dqy fdRrk&1

1&01

vkns'k }kjk]

gLrk{kfjr@&

çËkkUk lfpo ¼ifjogu½A

&&&&&&&

flapkbZ ,oa tu LokLF; foHkkx

vf/klwpuk

f”keyk&2] 30 tuojh] 2012

la[;k vkbZ0ih0,p0&ch¼,p½ 8&50@2011&Åuk-&;r% fgekpy izns”k ds jkT;iky dks ;g izrhr

gksrk gS fd fgekpy izns”k ljdkj ds vius O;; ij lkoZtfud iz;kstu gsrq uker% egky iatksvk rglhy

vEc] ftyk Åuk esa is;ty ;kstuk uaniqj BBy Qsl&3 iEi gkÅl iatksvk [kqnZ ds fuekZ.k gsrq Hkwfe

vftZr djuh visf{kr gS] vr,oa ,rn~}kjk ;g vf/klwfpr fd;k tkrk gS fd mDr ifj{ks= esa tSlk fd fuEu

fooj.kh esa fufnZ’V fd;k x;k gS mijksDr iz;kstu ds fy, Hkwfe dk vtZu visf{kr gSA

2-

;g vf/klwpuk ,sls lHkh O;fDr;ksa dks tks bl ls lEcfU/kr gSa] ;k gks ldrs gSa] dh

tkudkjh ds fy, Hkwfe&vtZu vf/kfu;e] 1894 dh /kkjk&4 ds micU/kksa ds vUrZxr tkjh dh tkrh gSA

3-

iwoksZDr /kkjk }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq, jkT;iky] fgekpy izns”k bl le;

bl midze esa dk;Zjr lHkh vf/kdkfj;ksa muds deZpkfj;ksa vkSj Jfedksa dks bykds dh fdlh Hkh Hkwfe esa izos”k

djus rFkk losZ{k.k djus vkSj ml /kkjk }kjk visf{kr vFkok vuqer% lHkh vU; dk;ks± dks djus ds fy,

lg’kZ izkf/kdkj nsrs gSaA

4-

vR;kf/kd vko”;drk dks n`f’V esa j[krs gq;s jkT;iky mDr vf/kfu;e dh /kkjk&17 dh

mi/kkjk&4 ds v/khu ;g Hkh funsZ”k nsrs gSa fd mDr vf/kfu;e dh /kkjk&5&, ds micU/k bl ekeys esa ykxw

ugha gksaxsA

foLr`r fooj.kh

ftyk

rglhy

xkao

[kljk u0

{ks= gSDV;j esa

Åuk

vEc

iUtksvk [kqnZ 377/1

0-02-20

vkns”k }kjk]

gLrk{kfjr@&

iz/kku lfpo ¼flapkbZ ,oa tu LokLF;½A

5443

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

flapkbZ ,oa tu LokLF; foHkkx

vf/klwpuk

f”keyk&2] 30 tuojh] 2012

la[;k vkbZ0ih0,p0&ch¼,p½ 8&51@2011&Åuk-&;r% fgekpy izns”k ds jkT;iky dks ;g izrhr

gksrk gS fd fgekpy izns”k ljdkj ds vius O;; ij lkoZtfud iz;kstu gsrq uker% egky iatksvk rglhy

vEc] ftyk Åuk esa is;ty ;kstuk uaniqj BBy Qsl&3 iEi gkÅl iatksvk [kqnZ ds fuekZ.k gsrq Hkwfe

vftZr djuh visf{kr gS] vr,oa ,rn~}kjk ;g vf/klwfpr fd;k tkrk gS fd mDr ifj{ks= esa tSlk fd fuEu

fooj.kh esa fufnZ’V fd;k x;k gS mijksDr iz;kstu ds fy, Hkwfe dk vtZu visf{kr gSA

2-

;g vf/klwpuk ,sls lHkh O;fDr;ksa dks tks bl ls lEcfU/kr gSa] ;k gks ldrs gSa] dh

tkudkjh ds fy, Hkwfe&vtZu vf/kfu;e] 1894 dh /kkjk&4 ds micU/kksa ds vUrZxr tkjh dh tkrh gSA

3-

iwoksZDr /kkjk }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq, jkT;iky] fgekpy izns”k bl le;

bl midze esa dk;Zjr lHkh vf/kdkfj;ksa muds deZpkfj;ksa vkSj Jfedksa dks bykds dh fdlh Hkh Hkwfe esa izos”k

djus rFkk losZ{k.k djus vkSj ml /kkjk }kjk visf{kr vFkok vuqer% lHkh vU; dk;ks± dks djus ds fy,

lg’kZ izkf/kdkj nsrs gSaA

4-

vR;kf/kd vko”;drk dks n`f’V esa j[krs gq;s jkT;iky mDr vf/kfu;e dh /kkjk&17 dh

mi/kkjk&4 ds v/khu ;g Hkh funsZ”k nsrs gSa fd mDr vf/kfu;e dh /kkjk&5&, ds micU/k bl ekeys esa ykxw

ugha gksaxsA

foLr`r fooj.kh

ftyk

rglhy

xkao

[kljk u0

{ks= gSDVs;j esa

Åuk

vEc

iUtksvk [kqnZ 744/1

0-01-32

vkns”k }kjk]

gLrk{kfjr@&

iz/kku lfpo ¼flapkbZ ,oa tu LokLF;½A

&&&&&&&&

flapkbZ ,oa tu LokLF; foHkkx

vf/klwpuk

f”keyk&2] 30 tuojh] 2012

la[;k vkbZ0ih0,p0&ch¼,p½ 8&42@2011&lksyu-&;r% fgekpy izns”k ds jkT;iky dks ;g izrhr

gksrk gS fd fgekpy izns”k ljdkj ds vius O;; ij lkoZtfud iz;kstu gsrq uker% xkao ysgh] rglhy

cn~nh] ftyk lksyu esa uydwi ysgh ds fuekZ.k gsrq Hkwfe vftZr djuh visf{kr gS] vr,oa ,rn}kjk ;g

vf/klwfpr fd;k tkrk gS fd mDr ifj{ks= esa tSlk fd fuEu fooj.kh esa fufnZ’V fd;k x;k gS mijksDr

iz;kstu ds fy, Hkwfe dk vtZu visf{kr gS A

2-

;g vf/klwpuk ,sls lHkh O;fDr;ksa dks tks bl ls lEcfU/kr gSa] ;k gks ldrs gSa] dh

tkudkjh ds fy, Hkwfe&vtZu vf/kfu;e] 1894 dh /kkjk&4 ds micU/kksa ds vUrZxr tkjh dh tkrh gSA

5444

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

3-

iwoksZDr /kkjk }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq, jkT;iky] fgekpy izns”k bl le;

bl midze esa dk;Zjr lHkh vf/kdkfj;ksa muds deZpkfj;ksa vkSj Jfedksa dks bykds dh fdlh Hkh Hkwfe esa izos”k

djus rFkk losZ{k.k djus vkSj ml /kkjk }kjk visf{kr vFkok vuqer% lHkh vU; dk;ks± dks djus ds fy,

lg’kZ izkf/kdkj nsrs gSaA

4-

dksbZ Hkh fgrc} O;fDr ftls mDr ifj{ks= esa dfFkr Hkwfe ds vtZu ij dksbZ vkifRr gks rks

og bl vf/klwpuk ds izdkf”kr gksus ds rhl fnuksa dh vof/k ds Hkhrj fyf[kr :i esa Hkw&vtZu lekgrkZ]

f”keyk&3 fgekpy izns”k yksd fuekZ.k foHkkx ds le{k viuh vkifRr nk;j dj ldrk gSA

foLr`r fooj.kh

ftyk

rglhy

xkao

[kljk u0

{ks=

ch?kk&fcLok

lksyu

cn~nh

ysgh

477@2@1

0&10

vkns”k }kjk]

gLrk{kfjr@&

iz/kku lfpo] ¼flapkbZ ,oa tu LokLF;½A

&&&&&&&&

flapkbZ ,oa tu LokLF; foHkkx

vf/klwpuk

f”keyk&2] 30 tuojh] 2012

la[;k vkbZ0ih0,p0&ch¼,p½ 8&45@2011&gehiqj-&;r% fgekpy izns”k ds jkT;iky dks ;g izrhr

gksrk gS fd fgekpy izns”k ljdkj ds vius O;; ij lkoZtfud iz;kstu gsrq uker% xkao peusM] rglhy o

ftyk gehiqj esa mBkÅ is;ty ;sktuk yEcyw ds fuekZ.k gsrq Hkwfe vftZr djuh visf{kr gS] vr,oa ,rn}kjk

;g vf/klwfpr fd;k tkrk gS fd mDr ifj{ks= esa tSlk fd fuEu fooj.kh esa fufnZ’V fd;k x;k gS mijksDr

iz;kstu ds fy, Hkwfe dk vtZu visf{kr gS A

2-

;g vf/klwpuk ,sls lHkh O;fDr;ksa dks tks bl ls lEcfU/kr gSa] ;k gks ldrs gSa] dh

tkudkjh ds fy, Hkwfe&vtZu vf/kfu;e] 1894 dh /kkjk&4 ds micU/kksa ds vUrZxr tkjh dh tkrh gSA

3-

iwoksZDr /kkjk }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq, jkT;iky] fgekpy izns”k bl le;

bl midze esa dk;Zjr lHkh vf/kdkfj;ksa muds deZpkfj;ksa vkSj Jfedksa dks bykds dh fdlh Hkh Hkwfe esa izos”k

djus rFkk losZ{k.k djus vkSj ml /kkjk }kjk visf{kr vFkok vuqer% lHkh vU; dk;ks± dks djus ds fy,

lg’kZ izkf/kdkj nsrs gSaA

4-

dksbZ Hkh fgrc} O;fDr ftls mDr ifj{ks= esa dfFkr Hkwfe ds vtZu ij dksbZ vkifRr gks rks

og bl vf/klwpuk ds izdkf”kr gksus ds rhl fnuksa dh vof/k ds Hkhrj fyf[kr :i esa Hkw&vtZu lekgrkZ]

f”keyk&3 fgekpy izns”k yksd fuekZ.k foHkkx ds le{k viuh vkifRr nk;j dj ldrk gSA

foLr`r fooj.kh

ftyk

rglhy

xkao

[kljk u0

duky ejyk esa

gehiqj

gehjiqj

peusM

978

00&13

vkns”k }kjk]

gLrk{kfjr@&

iz/kku lfpo] ¼flapkbZ ,oa tu LokLF;½A

5445

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

flapkbZ ,oa tu LokLF; foHkkx

vf/klwpuk

f”keyk&2] 30 tuojh] 2012

la[;k vkbZ0ih0,p0&ch¼,p½ 8&57@2011&e.Mh-&;r% jkT;iky fgekpy izns”k dks ;g izrhr gksrk

gS fd fgekpy izns”k ljdkj }kjk ljdkjh O;; ij lkoZtfud iz;kstu gsrq uker% xkao djsgMh+@184 o

lSgy@117 rglhy lnj ftyk e.Mh esa cYg ?kkVh e/;e flapkbZ ifj;kstuk ¼okerV~V½ eqgky djsgMh+ o

lSgy esa iEi gkÅlks ds fuekZ.k gsrq Hkwfe vftZr djuh visf{kr gS] vr,oa ,rn~}kjk ;g vf/klwfpr fd;k

tkrk gS fd mDr ifj{ks= esa tSlk fd fuEu fooj.kh esa fufnZ’V fd;k x;k gS mijksDr iz;kstu ds fy, Hkwfe

dk vtZu visf{kr gS A

2-

;g vf/klwpuk ,sls lHkh O;fDr;ksa dks tks bl ls lEcfU/kr gSa] ;k gks ldrs gSa] dh

tkudkjh ds fy, Hkwfe&vtZu vf/kfu;e] 1894 dh /kkjk&4 ds micU/kksa ds vUrZxr tkjh dh tkrh gSA

3-

iwoksZDr /kkjk }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq, jkT;iky] fgekpy izns”k bl le;

bl midze esa dk;Zjr lHkh vf/kdkfj;ksa muds deZpkfj;ksa vkSj Jfedksa dks bykds dh fdlh Hkh Hkwfe esa izos”k

djus rFkk losZ{k.k djus vkSj ml /kkjk }kjk visf{kr vFkok vuqer% lHkh vU; dk;ks± dks djus ds fy,

lg’kZ izkf/kdkj nsrs gSaA

4-

dksbZ Hkh fgrc} O;fDr ftls mDr ifj{ks= esa dfFkr Hkwfe ds vtZu ij dksbZ vkifRr gks rks

og bl vf/klwpuk ds izdkf”kr gksus ds rhl fnuksa dh vof/k ds Hkhrj fyf[kr :i esa Hkw&vtZu lekgrkZ]

f”keyk&3 fgekpy izns”k yksd fuekZ.k foHkkx ds le{k viuh vkifRr nk;j dj ldrk gSA

foLr`r fooj.kh

ftyk

rglhy

xkao

[kljk u0

oh?kk@foLok@fojokalh

e.Mh

lnj

djsgM+h@184

206@2@1 0&16&05

lSgy@117

634@1

0&03&14

fdRrk&2

0&19&19

vkns”k }kjk]

gLrk{kfjr@&

iz/kku lfpo] ¼flapkbZ ,oa tu LokLF;½A

&&&&&&&&

HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA

NOTIFICATION

Shimla, the 1st February, 2012

No.HPERC/dis/479.—Whereas the Hon’ble Appellate Tribunal for Electricity (APTEL)

vide its Judgment dated 11th November, 2011 rendered in OP No. 1 of 2011-Tariff Revision (Suo

Motu action on the letter received from Ministry of Power, Government of India) has issued

various directions under section 121 of the Electricity Act, 2003 for meticulous compliance, to the

State Commissions and some of these directions require immediate compliance e.g-

(a)

In determination of ARR/tariff, the revenue gaps ought not be left and Regulatory

Asset should not be created as a matter of course except where it is justifiable, in accordance with

the Tariff Policy and the Regulations. The recovery of the Regulatory Asset should be time bound

5446

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

and within a period not exceeding three years at the most and preferably within Control Period.

Carrying cost of the Regulatory Asset should be allowed to the utilities in the ARR of the year in

which the Regulatory Assets are created;

(b)

Every State Commission must have in place a mechanism for Fuel and Power

Purchase cost in terms of Section 62 (4) of the Act. The Fuel and Power Purchase cost adjustment

should preferably be on monthly basis on the lines of the Central Commission’s Regulations for the

generating companies but in no case exceeding a quarter. Any State Commission which does not

already have such formula/mechanism in place must within 6 months of the date of this order must

put in place such formula/ mechanism.

Consequent to the said directions of the APTEL it has become necessary to amend

Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of

Wheeling Tariff and Retail Supply Tariff) Regulations, 2011.

NOW, THEREFORE, the Himachal Pradesh Electricity Regulatory Commission, in

exercise of powers conferred under section 52, read with section 181, of the Electricity Act, 2003

(36 of 2003), and all other powers enabling in its behalf, proposes to amend, the Himachal Pradesh

Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff

and Retail Supply Tariff) Regulations, 2011, published in the Rajpatra, Himachal Pradesh, dated

2nd April, 2011; and the draft of the proposed amendments, as required by sub-section(3) of

section 181 of the said Act, read with rule 3 of the Electricity (Procedure for Previous Publication)

Rules, 2005, is hereby published for the information of all the persons likely to be affected thereby;

and notice is hereby given that the said draft amendment will be taken into consideration after the

expiry of thirty days from the date of its publication in the Rajpatra, Himachal Pradesh, together

with any objections or suggestions which may within the aforesaid period be received in respect

thereto.

The objections or suggestions in this behalf should be addressed to the Secretary, Himachal

Pradesh Electricity Regulatory Commission, Keonthal Commercial Complex, Khalini, Shimla-

171002.

DRAFT REGULATIONS

1.

Short title and commencement.—(1) These Regulations shall be called the

Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of

Wheeling Tariff and Retail Supply Tariff) (First Amendment) Regulations, 2012.

(2)

These Regulations shall come into force from the date of their publication in the

Rajpatra, Himachal Pradesh.

2.

Addition of Regulation 12-A.—After regulation 12 of the Himachal Pradesh

Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff

and Retail Supply Tariff), Regulations, 2011 (hereinafter called “the said regulations”), the

following regulation 12-A shall be added namely: -

12-A Treatment of Regulatory Assets.—(1) Regulatory assets shall not be created against

cost/loss incurred in normal course of business:

Provided that financing arrangement or capital restructuring shall be deployed to cover the

gap.

(2)

The amortization schedule corresponding to the regulatory asset shall be prepared

and put in effect along with creation of the regulatory asset.

5447

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

(3)

The carrying cost of the regulatory asset shall be in line with the State Bank

Advance Rate (SBAR) for the tenure for which regulatory asset has been created.

(4)

There shall not be a long gap in truing up of accounts of the distribution licensee so

as to prevent the need for creation of the regulatory asset.

3.

Addition of Regulations 14-A, 14-B and 14-C.—After regulation 14 of the said

regulations the following regulations 14-A, 14-B and 14-C, shall be added, namely: -

“14-A Treatment of Incremental Power Procurement Cost

Identification of Incremental cost and process of recovery.-(1) The distribution licensee

shall recover the incremental cost incurred due to the following:-

(a)

Cost variation in fuel surcharge rate;

(b)

Cost of incremental power required over and above the plan approved by the

Commission;

(c)

Cost due to midcourse revision of tariff of generating stations;

(2)

The incremental cost on account of variation in fuel surcharge shall be computed

and charged on the basis of actual variation in fuel surcharge rate vis-a-vis the cost approved in the

tariff order and shall not be computed on the basis of estimated or expected variation in fuel

surcharge.

(3)

The incremental cost due to incremental power purchase on account of short term

requirement of power by the distribution licensee over and above the quantum as approved by the

Commission or within the quantum approved by the Commission and if such requirement is on

account of any factor beyond the control of the licensee (shortage/non-availability of fuel, snow

capping of hydro resources inhibiting power generation in sources stipulated in the plan,

unplanned/forced outages of power generating units or acts of God), then the cost shall be directly

passed on to the customer without prior approval of the Commission:

Provided that the cost of such power shall be allowed at the weighted average price of

power exchange rates and bilateral market purchases for the same quarter.

Provider further that in such a case, the distribution licensee shall inform the Commission

about the purchase of power over and above approved quantum or increase in Short Term Power

Purchase within the approved quantum, with all the supporting documents. Unless the Commission

is satisfied that the aforesaid power is capped by weighted average price of power exchange rates

and bilateral market purchases for the same quarter, it may disallow the quantum and cost of this

short term power procurement in the true up order,

Provided further that the incremental cost due to incremental power purchase for reason

stipulated in 14-A (3) shall be computed on the basis of formula provided in regulation 14-B below,

and shall be charged for the quarter within first 15 days of the quarter end, to the consumer from

the first month of the second quarter itself within the ceiling of 10% of variable component of

tariff, without prior approval of the Commission and under or over recovery shall be carried

forward to the next quarter.

(4)

the distribution licensee shall submit details of the incremental cost incurred and to

be charged to all consumers for the entire quarter, along with the detailed computations and

supporting documents as may be required for verification by the Commission within first 28 days

of the quarter end.

5448

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

(5)

The Commission shall examine the incremental cost charged by the Distribution

Licensee against supporting documents as submitted:

Provided that discrepancies, if any shall be notified to the Distribution Licensee before the

end of the second quarter:

Provided further that the distribution licensee shall adjust for the discrepancy notified by the

Commission in third quarter’s charge computation.

(6)

In case the distribution licensee is found guilty of charging unjustified adjustment

cost to the consumers on regular basis, the Commission shall adjust the unjustified additional cost

along with interest on the same.

(7)

The interest rate shall be in accordance with the State Bank Advance Rate (SBAR)

as on the date on which the application of determination of tariff is made and benefits shall be

passed on to the consumers.

(8)

The distribution licensee shall upgrade the billing and IT software to incorporate

Incremental Costs (IC) as a component in tariff design.

(14-B) Formula for computation of Incremental cost.- The formula for calculation of the

incremental charge will be as under:-

Variables shall be in INR crores unless otherwise stated

ICq¹ = Cq¹ + Fq4 +Aq3

ICq¹ = Incremental Cost incurred in Q1

Cq¹ = Change in cost due to:

1.

Variation in Fuel surcharge rate

2.

Total cost incurred to procure power over and above or increase of short term power

purchase within the Plan as approved in Regulation 8 of these regulations (capped

by weighted average cost of bilateral purchase and power exchange price)

Explanation.- 1: The norms for parameters such as station heat rate, auxiliary

consumption, transit loss shall be approved by the Commission for each year as

controllable factor at the time of determination of generation tariff for each state

generating station. The change in fuel surcharge shall be considered only for the

computation of incremental cost.

Fq4 = Carry forward factor for over-recovery / under-recovery of ICq3 in Quarter 4 from

previous year

Explanation.- 2: Fuel adjustment cost to be incorporated in subsequent quarter shall be up

to 10 % of variable cost of the quarter, any difference would roll into following quarter to

be adjusted as Fq.

Aq3 = Adjustments on the basis of the Commission’s order pertaining to discrepancies, if

any, in computation of ICQ3 from previous year Similarly IC for respective quarters will be

computed.

(14-C) Incremental cost (IC) per unit of electricity consumption.- (1) Calculation of IC

(INR/kWh) shall be as per the following formula:

5449

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

IC (INR/kWh) = (IC/(Metered sales + Unmetered sales estimates + excess distribution

losses))*10

Where IC is in INR lakhs and Unit sales are in Million units

Excess distribution loss = Energy Input – Energy Sales – (distribution loss % as specified

by the Commission * Energy input)

(2)

The licensee shall provide information related to Incremental cost per unit of

electricity consumption so as to enable the Commission to expedite the process of validation of IC

recovered from the consumers within a month on the basis of information furnished by end of

previous month, for any discrepancy to be taken into account in the month of August.

(3)

The Commission may notify ceiling of incremental charges that can be recovered

from the consumers on monthly basis.

4.

Amendment of regulation 23.- At the end of the first proviso of subregulation (I)

of regulation 23 of the said regulations the words “and consumer contributions” shall be added.

5.

Amendment of regulation 42.- In sub regulation (1) of regulation 42 of the said

regulations after the words “purpose and subsidy,” the words “propose any subsidy including

incremental cost under regulation 14-C” shall be inserted.

By the order of the Commission,

Secretary.

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA -171001

NOTIFICATION

Shimla, the 20th January, 2012

No. HHC/GAZ/14-212/95-I.—Hon’ble the Chief Justice has been pleased to grant ex post

facto sanction of nine day’s commuted leave w.e.f. 10.1.2012 to 18.1.2012 in favour of

Shri Dharam Chand Chaudhary, Registrar General, High Court of Himachal Pradesh, Shimla.

Certified that Shri Dharam Chand Chaudhary has joined the same post and at the same

station from where he proceeded on leave after expiry of the above period of leave.

Also certified that Shri Dharam Chand Chaudhary would have continued to hold the post of

Registrar Genera, High Court of Himachal Pradesh, but for his proceeding on leave for the above

period.

By order,

Sd/-

Registrar General.

5450

jkti=] fgekpy izns'k] 2 Qjojh] 2012@13 ek?k] 1933

HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla the 20th January, 2012

No. HHC/GAZ/14-268/2003.—Hon’ble the Chief Justice has been pleased to grant 15

days’ paternity leave w.e.f. 5.2.2012 to 19.2.2012 with permission to prefix winter vacation w.e.f.

23.1.2012 to 4.2.2012 and suffix Shivratri holiday falling on 20.2.2012 in favour of Sh. Arvind

Kumar , Civil Judge (Junior Division)-cum-JMIC (II), Shimla, H.P.

Certified that Sh. Arvind Kumar is likely to join the same post and at the same station from

where he proceeds on leave, after expiry of the above period of leave.

Also certified that Sh. Arvind Kumar would have continued to hold the post of Civil Judge

(Junior Division)-cum-JMIC (II), Shimla, H.P. but for his proceeding on leave for the above period.

By order,

Sd/-

Registrar General.

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla the 21st January, 2012

No. HHC/GAZ/14-323/2011.—Hon’ble the Chief Justice has been pleased to grant ex post

facto sanction of five days’ commuted leave w.e.f. 1.1.2012 to 5.1.2012 in favour of Ms. Upasna

Sharma, Civil Judge (Junior Division)-cum-JMIC-IV, Mandi, H.P.

Certified that Ms. Upasna Sharma had joined the same post and at the same station from

where she had proceeded on leave, after expiry of the above period of leave.

Also certified that Ms. Upasna Sharma would have continued to hold the post of Civil Judge

(Junior Division)-cum-JMIC-IV, Mandi, H.P. but for her proceeding on leave for the above period.

By order,

Sd/-

Registrar General.

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA–171001

NOTIFICATION

Shimla the 20th January, 2012

No. HHC/Admn.6 (23)/74.—Hon’ble the Chief Justice in exercise of the powers vested in

him under Rule 2(32) of Chapter 1 of H.P. Financial Rules, 2009, has been pleased to declare the

Civil Judge(Jr. Division)-cum-JMIC(5) Shimla as Drawing and Disbursing Officer in respect of the

Court of Civil Judge (Jr. Division)-cum-JMIC (2), Shimla and also the Controlling Officer for the

purpose of T.A. etc. in respect of class-II, III and IV establishment attached to the aforesaid Court

under head “2014-Administration of Justice” w.e.f. 5.2.2012 to 20.2.2012 or till he returns from

leave.

By order,

Sd/-

Registrar General.