jkti=] fgekpy izns'k

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

f”keyk] eaxyokj 29 ebZ] 2012@8 T;s"B] 1934

fgekpy izns'k ljdkj

vkcdkjh o djk/kku foHkkx

vf/klwpuk

f'keyk&2] 28 ebZ] 2012

la[;k&bZ0,Dl0,u0&,Q¼1½2@2012-&fgekpy izns'k dh jkT;iky] iatkc iquZxBu vf/kfu;e]1966

¼1966 dk vf/kfu;e la[;kad 31½ dh /kkjk 5 ds v/khu fgekpy izns”k dks vUrfjr jkT; {ks=ksa esa ;Fkk ykxw

iatkc ,DlkbZt ,sDV] 1914 ¼1914 dk 1½ dh /kkjk 31 vkSj 32 }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq,]

vkSj bl foHkkx dh vf/klwpuk la[;k% bZ0,Dl0,u0&,Q¼1½2@2012] rkjh[k 10-04-2012 ¼ftls blesa blds

i”pkr mDr vf/klwpuk dgk x;k gS ½ ds LrEHk 3 esa dze la[;k 8¼e½ esa fofufnZ’V en ds lkeus “Rs. 5.00

per bottle of 650 mls.” “kCnksa fpUgksa vkSj vadkas ds LFkku ij “Rs. 6.00 per bottle of 650 mls.” “kCn] fpUg

vkSj vad j[ks tk,axs A

vkns'k }kjk]

gLrk0@

iz/kku lfpo ¼vkcdkjh ,oa djk/kku½A

47&jkti=@2012&29&5&2012

¼1365½

1366

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

[Authorative English Text of Department Notification No. EXN-F(1)2/2012, dated

28/5/2012 required under Clause (3) of Article 348 of the Constitution of India ].

EXCISE AND TAXATION DEPARTMENT

NOTIFICATION

Shimla-171002, the 28th May, 2012

No.EXN-F (1)2/2012.—In exercise of the powers conferred by sections 31 & 32 of the

Punjab Excise Act,1914 (1 of 1914) as in force in the territories transferred to Himachal Pradesh

under section 5 of the Punjab Re-organization Act,1966 (Act No. 31 of 1966) and in partial

modification of this Department Notification No. EXN-F(1)2/2012, dated 10/4/2012 (hereinafter

called the “said notification’), the Governor of Himachal Pradesh is pleased to order that in column

3 of the ‘said notification’, against items specified at Serial No.8(e), for the words sign and figures

“Rs. 5.00 per bottle of 650 mls” the words sign and figures Rs. 6.00 per bottle of 650 mls.” shall be

substituted.

By order,

Sd/-

Pr. Secretary (E&T).

_________

vkcdkjh o djk/kku foHkkx

vf/klwpuk

f'keyk&2] 28 ebZ ]2012

la[;k&bZ0,Dl0,u0&,Q¼1½2@2012-&fgekpy izns'k dh jkT;iky] ljdkj dh vf/klwpuk la[;k%

1&17@64&bZ0,.M0Vh0] rkjh[k 28-10-1965 }kjk vf/klwfpr ,p0ih0 ,DlkbZt+ fQLdy vkMZjt]+ 1965 ds

lkFk ifBr fgekpy izns”k esa ;Fkk izo`Rr iatkc ,DlkbZt+ ,sDV]1914 ¼1914 dk 1½ dh /kkjk 31 vkSj 32

}kjk iznRr “kfDr;ksa dk iz;ksx djrs gq, vkSj bl foHkkx dh vf/klwpuk la[;k% bZ0,Dl0,u0&,Q

¼1½2@2012] rkjh[k 10-04-2012 ¼ftls blesa blds i”pkr ‘mDr vf/klwpuk’ dgk x;k gS½ ds vkaf”kd

mikUrj.k esa vkns”k nsrh gSa fd mDr vf/klwpuk ds LrEHk la[;k% 3 esa dze la[;k 8¼e½ esa fofufnZ’V en ds

lkeus “Rs. 5.00 per bottle of 650 mls.” “kCnksa] fpUgksa vkSj vadks ds LFkku ij “Rs. 6.00 per bottle of

650 mls.” “kCn] fpUg vkSj vad j[ks tk,axs A

vkns'k }kjk]

gLrk0@&

iz/kku lfpo ¼vkcdkjh ,oa djk/kku½A

&&&&&&&&&

[Authoritative English text of this department notification No. EXN-F (1)-2/2012 dated

28/5/2012 as required under clause (3) of Article 348 of the Constitution of India].

EXCISE AND TAXATION DEPARTMENT

NOTIFICATION

Shimla-171002, the 28th, May, 2012

No.EXN-F (1)2/2012.—In exercise of the powers conferred by section 31 and 32 of the

Punjab Excise Act, 1914 (1 of 1914) as in force in Himachal Pradesh read with the H.P Excise

1367

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

Fiscal Orders 1965 notified vide this Government Notification NO. 1-17/64-E&T, dated

28.10.1965 (hereinafter called the “said notification”) and in partial modification of this

Department Notification No. EXN-F (1)2/2012, dated 10/04/2012, (hereinafter called the ‘said

notification’), the Governor of Himachal Pradesh is pleased to order that in column 3 of the ‘said

notification’ against items specified at Serial No. 8 (e), for the words, sign and figures “Rs.5.00 per

bottle of 650 mls.” the words, sign and figures “ Rs.6.00 per bottle of 650 mls .” shall be

substituted.

By order,

Sd/-

Pr. Secretary (E&T).

___________

m|ksx foHkkx

vkns'k

f'keyk&171002] 2&5&2012

la[;k% m|ksx-,0¼,Q0½11&1@2007&[k.M+&1-&eSltZ ukgu QkmUMªh fyfeVsM] ukgu ds eSltZ

fgekpy izns'k jkT; vkS|ksfxd fodkl fuxe fyfeVsM] f'keyk esa lekesyu dh Ldhe ¼mikcU/k&^d*½ ds

ekeys esa] dEiuh vf/kfu;e] 1956 dh /kkjk 391 ls 394 ds v/khu tkjh dkjiksjsV dk;Z ea=ky;] Hkkjr

ljdkj ds rkjh[k 23&02&2012 ds vkns'k] ftls voj lfpo] dkjiksjsV dk;Z ea=ky;] Hkkjr ljdkj] ubZ

fnYyh }kjk muds i= la[;k 24@5@2010-lh0 ,y0 III rkjh[k 24&02&2012 }kjk lwfpr fd;k x;k Fkk]

ds vuqlj.k esa] fgekpy izns'k dh jkT;iky] ukgu QkmUMªh fyfeVsM] ukgu ds mDr vkns'k esa vf/kdfFkr

'krksZa vkSj fucU/kuksa ij fgekpy izns'k jkT; vkS|ksfxd fodkl fuxe fyfeVsM] f'keyk esa foy; dk vkns'k

nsrh gSa A

blds vfrfjDr] ukgu QkmUMªh fyfeVsM] ukgu ds fgekpy izns'k jkT; vkS|ksfxd fodkl fuxe

fyfeVsM] f'keyk esa foy; ds QyLo:Ik] fgekpy izns'k dh jkT;iky] vf/klwpuk,a la[;k% m|ksx-

,¼,½4&1@2000 rkjh[k 25&03&2008] 28&08&2009] 16&03&2011] 03&09&2011 vkSj 01&12&2011 }kjk

xfBr ukgu QkmUMªh fyfeVsM] ukgu ds funs'kd cksMZ dks Hkh foÄfVr ¼lekIr½ djrh gSa A

vkns'k }kjk]

gLrk0@&

iz/kku lfpo ¼m|ksx½A

&&&&&&&&

[Authoritative English Text of this Department’s notification number Ind.A(F)11-1/2007-

Vol.-I Dated, 2-5-2012 as required under Article 348(3) of the Constitution of India].

INDUSTRIES DEPARTMENT

ORDER

Shimla-171002, the 2-5- 2012

No.Ind.A(F)11-1/2007-Vol.-I.—In pursuance of the Ministry of Corporate Affairs,

Government of India, Order dated, 23-2-2012 issued under sections 391 to 394 of the Companies

Act, 1956, in the matter of Scheme of Amalgamation of M/s Nahan Foundry Limited, Nahan with

the M/s Himachal Pradesh State Industrial Development Corporation Limited, Shimla(Annexure-

1368

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

“A”) as conveyed by the Under Secretary to the Government of India, Ministry of Corporate

Affairs, New Delhi vide their letter No.24/5/2010-CL-III dated:24-2-2012, the Governor, Himachal

Pradesh is pleased to order the merger of Nahan Foundry Limited, Nahan with the Himachal

Pradesh State Industrial Development Corporation Limited, Shimla on the same terms and

conditions as laid down in the said Order.

Further, consequent upon the merger of Nahan Foundry Limited , Nahan with the Himachal

Pradesh State Industrial Development Corporation Limited, Shimla, the Governor, Himachal

Pradesh is also pleased to dissolve the Board of Directors of the Nahan Foundry Limited, Nahan so

constituted vide notifications No.Ind.A(A)4-1/2000 dated:25-3-2008, 28-8-2009, 16-3-2011, 3-9-

2011 and 1-12-2011.

By order,,

Sd/-

Principal Secretary(Inds.).

__________

ANNEXURE-“A”

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

In the matter of Sections 391-394 of the Companies Act, 1956

AND

In the matter of Scheme of Amalgamation of

M/s NAHAN FOUNDRY LIMITED

WITH

M/S HIMACHAL PRADESH STATE INDUSTRIAL DEVELOPMENT

CORPORATION LIMITED

M/s. Nahan Foundry Limited, (NFL) a Government Company Under Section 617 of

the Companies Act, 1956 and having Registered office at District Sirmour, Nahan-

173001, Himachal Pradesh.

…….Transferor Company

2. M/s H.P. State Industrial Development Corporation Ltd. (HPSIDC) a Government

Company under Section 617 of the Companies Act, 1956 and having registered office

at New Himrus Building, 4th & 5th floor, Cart Road, Shimla-171001 (Himachal

Pradesh)

……...Transferee Company

Present:

Shri P.D. Sharma, Consultant, HPSIDC Ltd

Shri P.K. Bali, Sr. Manager, HPSIDC Ltd

Shri Chetan Sharma, Sr. Manager, HPSIDC Ltd

Shri S.K. Sharma, Joint Director, HPSIDC Ltd

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Shri Chaman Lal Goel, Nahan Foundry Ltd

Shri Raj Kumar, President, HPSIDC Employees Union

Shri S.R. Kalu, Gen Secy, HPSIDC Employees Union

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

(Hearing held on 08-04-2011)

Confirmation petitions have been submitted by M/s Nahan Foundry Limited and M/s

Himachal Pradesh State Industrial Development Corporation Limited with respect to proposed

Scheme of Amalgamation of M/s Nahan Foundry Limited (Transferor Company) with M/s

Himachal Pradesh State Industrial Development Corporation Limited (Transferee Company) under

Section 391-394 of the Companies Act, 1956 read with Government of India Notification GSR 238

dated: 2.2.1978.

2. In accordance with the Government of India, Notification GSR 238 dated 2.2.1978

read with Section 620 of the Companies Act, 1956 the Central Government has jurisdiction under

the provisions of the Sections 391-394 of the said Act with respect to Government Companies.

Therefore, the Central Government in the Ministry of Corporate Affairs has jurisdiction to hear and

decide the present petitions.

3. The Transferor and Transferee Companies are Government Companies (State

Government of Himachal Pradesh) and having common Chairman and Nominee Directors

appointed by the State Government. The entire shareholdings of the companies are with the State

Government. Both the companies have administrative synergy. The operations of both the

companies can be ideally brought under single control so that a considerable saving and reduction

in administrative expenses, overhead etc may be affected.

4. Department of Industries, Government of Himachal Pradesh has conveyed the

approval vide their letter dated 23-09-2009 for the merger of Nahan Foundry Ltd with the H.P.

State Industrial Development Corporation Limited.

5. The applications/petitions are supported by the affidavit of Shri Kanwal Arora,

Company Secretary of Transferor Company and Shri Chetan Sharma, Sr. Manager of Transferee

Company, who are duly authorized to file the applications/petitions in terms of the Board of

Directors resolution passed on 29.3.2010 of both the companies.

6. Transferor Company M/s Nahan Foundry Ltd. was incorporated on 20-10-1952 as a

Government company, under section 617 of the Companies Act, 1956. The Registered office of the

company is situated at Nahan, District Sirmour, Himachal Pradesh.

7. Transferee Company viz. H.P. State Industrial Development Corporation Ltd was

incorporated on 21.10.1986 as a Government company under section 617 of the Companies Act,

1956. The Registered office is situated at New Himrus Building, 4th & 5th floor, Cart Road,

Shimla-171001 Himachal Pradesh.

8. Prior to the filing of above petitions both the companies have filed respective

applications u/s 391-394 of the Companies Act, 1956 on 12.4.2010 praying (i) to dispense with the

requirement of convening the meeting of the equity shareholders as the entire shareholdings of the

companies are with the State Government and the shareholders have approved the scheme; (ii) to

dispense with the requirement of meetings of secured and unsecured creditors of both the

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companies as there are no creditors in both the companies. The Transferee Company furnished a

list of Sundry creditors containing details of deposits from the contractors. The Transferee

Company has also given an undertaking that it shall discharge all the debts and liabilities of the

Transferor Company.

9. During the hearing held on 19.7.2010, the representatives of both the companies

submitted that since both the companies are Government companies and the entire shareholdings

are with the State Government and the shareholders have approved the scheme the requirement of

holding meeting of equity share holders may be dispensed with. Further, the requirement of

meetings of secured and unsecured creditors of both the companies may also be dispensed with, as

there are no creditors in both the companies. The Transferee Company furnished a list of Sundry

creditors containing details of deposits from the contractors.

10. After considering the facts and submissions made by the companies this Ministry vide

order, dated 26.7.2010 issued directions that since both the companies are Government companies

the requirement of meetings of equity share holders were dispensed with. The meetings of creditors

(secured & unsecured) were also dispensed with, as both the companies do not have any creditors.

Further, the Transferee Company has undertaken to make payment to sundry creditors who are

contractors and hence the interest of the creditors would be protected. Further notice was issued to

Regional Director (NR), Noida, Registrar of Companies Chandigarh and Official Liquidator

attached to the High Court of Punjab & Harayana. Both the companies were directed to publish the

notice of hearing by 4.8.2010 each in English, Hindi and vernacular newspaper having wide

circulation. The next hearing was fixed for 3.9.2010 before the Joint secretary, Ministry of

Corporate Affairs, Shasatri Bhawan, New Delhi. Both the companies were directed that

confirmation petitions with affidavit confirming the fact of advertisement in newspapers should be

submitted to this Ministry alongwith proof of advertisement.

11. Pursuant to this Ministry’s order dated 26.7.2010 confirmation petitions have been

filed by Nahan Foundry Ltd and Himachal Pradesh state Industrial Development Corporation Ltd

on 25.8.2010 and 30.8.2010 respectively. The Transferee Company HPSIDC Ltd. has furnished

affidavit alongwith proof of advertisements published in Indian Express, English Edition dated

3.8.2010; Dainik Bhaskar , Hindi Editioin dated 3.8.2010 and Punjab Kesari dated 4.8.2010. The

Transferor Company Nahan Foundry Ltd. published the notice in Indian Express, Punjab Kesari

and Dainik Bhaskar dated 4.8.2010. The companies have also furnished copies of petition

alongwith all annexures to RD (NR), Noida, ROC, Chandigarh and OL, Chandigarh.

12. The Regional Director , Noida in his report dated 26.8.2010 has commented that para 3

of the scheme prove the Accounting Treatment in detail, but there is no mention whether the

Petitioner Companies shall comply with the Accounting standard-14 issued by ICAI. Further,

Clause 9 of the Scheme of Amalgamation provides that presently the staff, workmen and

employees working with the Transferor Company are on deputation basis taken from the H.P.

Government and on approval of the Scheme of Amalgamation of both the companies they will be

repatriated to their respective parent Department .M/s Joshi Vishal & Associates, CA conducted the

valuation of shares on the basis of Net Assets Value Method. While calculating the value of shares,

the value of intangible assets has beeen ignored. Due to negative asset value the value of shares of

Transferor Company is Nil. He has commented that in view of above the Ministry may decide the

case on merits.

13. The Official Liquidator, Chandigarh in his report dated 24-8-2010 has reported that the

Transferor Company has not obtained ‘No Objection’ to the scheme from its creditors however the

shareholders have given their consent to the scheme. The Transferor Company is having litigation

over its landed properties in the area of Sonepat, Ludhiana, Shahpur, Ambala, Bahadurgarh and

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Raisi and it should be ensured that the same should not go against the scheme of amalgamation.

The Transferor company has negative net assets value and the company have no permanent

employees and all are on deputation. The Company has certain liabilities towards Income Tax for

the years 2002-06 & 2007-08. He has submitted that the case may be decided on merits. In his

report dated 15.10.2010, he has further reported that as per para 8 of the scheme one equity share of

Rs.100 each of Transferee company for every shares of Rs. 100 each of the transferor company

shall be allocated at part to the shareholders of the Transferor company.

14. During the hearing on 3.9.2010 both the companies have submitted that they have

complied with the directions of this Ministry and have received objections from HPSIDC

Employees Union, Nahan Foundry Mazdoor Panchayat and H.P. PWD & IPH State Workshop,

Ministerial staff Union. They had also submitted that replies had been given to all the objectors.

15. Since both the companies have received objections and the objectors had requested to

give them a chance of being heard, notices were issued to the objectors to attend the hearing on

22.9.2010 at 3.00 p.m. in the Ministry.

16. During the hearing held on 22.9.2010, representatives of the HPSIDC Employees

Union requested that the Government of Himachal Pradesh may be made a party and notice be

issued to them to produce record enabling them to cross examine the State representative as Board

of Directors/ share holders. Further, they have stated that the scheme is not in public interest since

the NFL is a loss making company and it will affect the employees of HPSIDC by depriving them

of benefits after merger. They have also stated that all the properties, which are proposed to be

transferred to HPSIDC, are under litigation in various courts for more than 40 years and it is

unlikely to get ownership of these properties even after finalization of litigation. Further

HPPWD/IPH has been shown as owner of the land at Nahan though it is shown in the record of

NFL. The Vice-President of Nahan Foundry Mazdoor Panchayat and the President of HP PWD &

IPH State Workshop informed that they could not attend the hearing on 22.9.2010 and requested to

fix another date of hearing in October 2010.

17. The Ministry vide order dated 24.9.2010 directed the representatives of the union to

hand over a copy of the submission to the applicant companies and to issue notice to the two

objectors who could not attend the hearing on 22.9.2010 for a hearing on 5.10.2010.

18. Employees Union of the both the petitioner companies and HPPWD & IPH State

Workshop (Ministerial staff union) objected to the merger of the companies on the ground that it is

not in public interest and informed that the Unions shall be compelled to file writ against the

merger in the Court of Law.

19. The Ministry had directed the Transferor Company to furnish clarification regarding

inclusion of the property at Nahan in the balance sheet of the company though the said property had

been stated to be transferred to the PWD Department. Further, the Ministry also directed to furnish

a list of properties/assets to be transferred after the said amalgamation and latest balance sheet after

recasting. The company had stated that they did not include the value of property at Nahan in its

balance sheet from the financial year 1988-89 onwards as these premises had been converted into a

workshop for use in Public Works Deptt. and Irrigation and Public Health Depart w.e.f. 1.10.1988.

Accordingly, the assets having growth cost of Rs.2,24,947.00 had been transferred to HPPWD and

IPH for a consideration of Rs.1.

20. Since the assets (including land and building) have already been transferred to PWD

and IPH Department, another hearing was fixed for 8.4.2011 to have clarity on the issue.

1372

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21. During the hearing held on 8.4.2011, the representatives of HPSIDC Employees Union

stated that the company shall only be taking over litigations and losses, which would seriously

affect the reserves/surplus of the company and erode profitability of the corporation. They also

stated that without the properties of NFL at Nahan being transferred to HPSIDC the merger of NFL

would be meaningless. It was stated further, that the erstwhile princely State of Sirmour (H.P.)

established the Transferor Company and subsequently the properties were taken over by the

Government of India in 1952, later the ownership was transferred to Government of Himachal

Pradesh in 1964.After a few years the company had started running into heavy losses and 12-13

properties were sold by the company. Now the company has one property measuring 930 sq. mt. at

Raisi, Haridwar and other properties at Amala, Sonepat, Bahadurgarh are under litigation and the

property at Ludhiana is not even in the name of the company. The Transferor Company mislead the

Transferee Company by producing a faulty balance sheet.

22. After considering the facts and submissions, it appeared the balance sheet of NFL,

which had been annexed with the merger scheme, had discrepancies and did not present the true

and fair picture of the position of assets and liabilities as well as the carried forward losses etc.

Specifically the status of land/assets of NFL at Nahan was not clear and their value had been

depicted in successive balance sheets. In case some amounts were to be recovered from

Government of Himachal Pradesh the same should have been shown under the head ‘amounts

recoverable’. There was also an unpaid liability on account of Income tax payable of approx. Rs.

50.00 lakhs, which was being contested, and in case the company lost the appeal this amount may

stand enhanced because of accrued interest. The amount shown in the balance sheet as

“recoverable” may not be recoverable but could be considered for writing off.

23. The Ministry vide order dated 5.5.2011 directed the Transferor company to recast the

balance sheet of the company as on 31.3.2011 at the earliest with the consultation and eking

clarifications from the Govt. of Himachal Pradesh and after submission of requisite

details/documents and resolve the issue. It was further ordered that the amalgamation will be

considered further only if the Government of Himachal Pradesh takes over and discharges the

major liabilities as well as residual liabilities of NFL in order to smoothen the amalgamation

process, considering the inaccurate and unreliable information provided.

24. The Transferor Company vide its letter dated 8.9.2011 submitted its balance sheet as

on 31.3.2011 alongwith details of properties/current assets as directed by this Ministry vide order

dated 5.5.2011.

25. Registrar of Companies, Delhi & Haryana was requested to examine the balance sheet

of the Transferor Company and to furnish his comments about the viability of the merged entity if

merger is carried out.

26. Registrar of Companies, Delhi & Haryana in his comments has stated that the

amalgamated balance sheet of HPSIDC Ltd and the calculation of net assets value of Nahan

Foundry Ltd are certified by M/s Joshi Vishal & Associates, CA from the books of accounts of the

Companies and thus the accuracy of the same is being taken at face value as certified.

27. As per the Certificate, the net assets value of NFL is in the negative of Rs.

1,26,89,740.00 crore because of the accumulated losses of Rs. 4,77,03,740.00 crore as on

31-3-2010 which exceeds the equity share capital of Rs. 3,50,14,000.00. The total assets of NFL

stands at Rs. 58,98,864.00 and current liabilities are Rs. 1,85,88,604.00.

28. The net effect of the proposed amalgamation of NFL with HPSIDC Ltd. is inclusion of

accumulated losses of Rs. 1,26,89,740.00 in the amalgamated balance sheet of HPSIDC Ltd at

1373

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book value plus the burden to fight all legal battles for recovery of property or consideration thereof

and the dues towards the employees of NFL. Therefore, the net assets of the merged entity shall be

diluted by merger of NFL to the extent of negative net asset value of NFL.

29. He has also reported that on scrutiny of balance sheet as at 31-3-2011 of Nahan

Foundry Limited, the company is carrying accumulated losses of Rs. 4,76,37,024.00 as against

share capital of Rs. 3,50,14,000.00 resulting into negative net worth of Rs. 1,26,23,024.00 at book

value. Thus there has been a profit of Rs. 66,716.00 due to profit during the year. This is due to sale

of land and building as disclosed in the fixed assets schedule attached to the balance sheet.

However, neither the standalone balance sheet as at 31-3-3011 of M/s HPSIDC Ltd. nor a

certificate from a Chartered Accountant for amalgamated balance sheet at 31-3-3011 has been

submitted. The effect of transfer of Nahan land and building at book value to General

Administration Department of HP without calling quotation 1is to be considered. Further, he has

stated that no comments are being offered on the reasons of merger, the statutory requirements of

seeking no objection from the concerned stakeholders including employees being a matter of

records and merits of the case.

30. It is further observed that in the instant case, the transferor company has no employees

currently as they have all been absorbed much earlier as government employees. The ROC’s report

shows a negative net asset of only Rs. 1.26 crores as against positive net assets of Rs. 51.42 crores

of HPSIDC, the transferee company. Moreover the transferor company has huge landed property,

though under litigation. The contention that the transferee company will become a sick company

after merger is misplaced, as the possibility is remote, keeping in view both the health of the

transferee company as well as the valuable land assets held by the transferor company. Since both

are government companies, bearing cost of litigation should not be a problem. In view of the above,

the interest of the employees of the transferee company will not be affected.

31. For considering the proposal for amalgamation, all the procedures as required under

the provisions of Companies Act, 1956 read with the Companies (Court) Rules, 1959 were

followed and it was ensured that transparency is maintained during the proceedings. Sufficient

opportunities were provided to all concerned by way of giving direction to the petitioner/applicant

companies for publishing the notice of scheme or supplying copies of the scheme to any one who

required.

32. The said scheme does not violate any statutory provisions. The validity of all the

actions, proceedings and obligations of the transferor and transferee companies continue even after

the implementation of the scheme. Therefore no person holding any claim or right against the

Transferor or Transferee Companies prior to the scheme coming into effect would be prejudicially

affected even after the implementations of the Scheme.

33. In the aforesaid facts and circumstances and having regard to the averments made in

the petitions and during the course of hearing, submission made by the applicant companies and

further considering the reports of the Regional Director, Registrar of Companies and Official

Liquidator, the scheme of amalgamation of the Transferor company with the Transferee company is

found to be in order.

34. Now, therefore, the sanction of the Central Government is hereby accorded to the

Scheme of Amalgamation (Annexure A) of M/s Nahan Foundry Ltd (Transferor company) with

M/s Himachal Pradesh State Industrial Development Corporation Ltd u/s 391(2) of the Companies

Act, 1956 read with section 394 of the Act. The said scheme shall be binding on the shareholders

and creditors of the Transferor Company and Transferee Company and all concerned with effect

from 1.4.2009 being the appointed date under the said scheme.

1374

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35. Consequent to the amalgamation of the companies and the scheme becoming

effective:-

(a) The Transferor company shall stand dissolved without the process of winding up;

(b) All the property, rights and powers of Transferor company specified in Annexure-II

hereto and all the other property and rights and powers of Transferor company shall be

transferred without further act or deed to the Transferee company in accordance with

the Scheme, and accordingly the same shall, pursuance to Section 394(2) of the Act be

transferred to and vest in the Transferee company for all the estate and interest of

Transferor company therein;

act or deed to Transferee company in accordance with the scheme and accordingly, the

same shall, pursuant to section 394(2) of the Act be transferred to and become the

liabilities and duties of Transferee company.

(d) All proceedings now pending by or against Transferor company shall be continued by

or against Transferee Company; and

(e) The petitioner companies shall, subject to the provisions of the Companies Act, 1956

apply Accounting Standard(AS) 14 as laid down in the Accounting Standards Rules,

2006 notified by the Government of India.

It is further ordered that the parties to the scheme or other persons interested in the scheme

shall be at liberty to apply to the Ministry of Corporate Affairs, Government of India for any

direction that may be necessary in regard to working of the said scheme.

It is further ordered that Transferor Company and the Transferee Company do file with the

Registrar of Companies, Shimla a certified copy of this order within 30 days of the receipt the

same. A copy of the order be made available to the parties concerned.

SCHEDULE

1. Copy of the Scheme of Amalgamation being annexure to the petition is annexed as

Annexure-I.

2. Details of properties of Transferor Company is annexed hereto as Annexure II.

Place : New Delhi.

Date : 23rd February 2012.

Sd/-

(RENUKA KUMAR),

Joint Secretary to the Govt. of India.

1375

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

ANNEXURE-I

SCHEME OF AMALGAMATION

NAHAN FOUNDRY LIMITED

WITH

H.P. STATE INDUSTRIAL DEVELOPMENT

CORPORATION LIMITED

This Scheme of amalgamation provides for the amalgamation of NAHAN FOUNDRY

LIMITED, a wholly owned Himachal Pradesh State Government Company within the

meaning of Section 617 of the Companies Act, 1956 with H.P. STATE INDUSTRIAL

DEVELOPMENT CORPORATION LIMITED another wholly owned Himachal

Pradesh State Government Company within the meaning of Section 617 of the

Companies Act, 1956, with the Approval of the Central Government, Ministry of

Corporate Affairs, pursuant to Section 391-394 and other applicable provisions if any

of the Companies Act, 1956.

SCHEME OF AMALGAMATION

NAHAN FOUNDRY LIMITED

WITH

H.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED

DEFINITIONS

In this scheme, unless inconsistent with the subject or context, the following expressions

shall have the following meanings.

(a) “Act” means the Companies Act, 1956 and include any statutory modifications or

amendments thereof for the time being in force.

(b) “The Appointed Date” means the 1st day of April, 2009 or as may be approved by the

appropriate authority.

Company U/S 617 of the Companies Act 1956 and having its Registered Office at Nahan, District

Sirmour (Himachal Pradesh). The Company is wholly owned by H.P. State Government.

(d) “The Transferee Company” means H.P. STATE INDUSTRUAL DEVELOPMENT

CORPORATION LIMITED (HPSIDC), a Government Company U/S 617 of the Companies Act

1956 and having its Registered Office at New Himrus Building, 4th & 5th FLOOR, Cart Road,

Shimla-171001. The Company is wholly owned by H.P. State Government.

1376

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

(e) “The Effective Date” means the day on which the last of the sanctions/permissions/

approvals specified in the scheme shall have been obtained and certified copy of the orders filed

with the Registrar of Companies, Chandigarh.

(f) “Scheme” or “the Scheme” or “this scheme” means this Scheme of amalgamation in

its present form submitted to the Central Government or any other appropriate authority or with any

modification(s) made under Clauses 11 and 15 of this Scheme.

2. DATE OF TAKING EFFECT AND OPERATIVE DATE

The Scheme set out herein in its present form or with any modification(s) approved or

imposed or directed by the Central Government or any other appropriate authority shall be

operative from the Appointed Date but shall be effective from the Effective Date.

3. SHARE CAPITAL

The share capital of NFL as at 31.3.2009 is as under:

(A) Authorised Share Capital

40000 Equity shares of Rs. 1000/- each.

Rs. 40,000,000.00

(B) Issued, Subscribed and Paid-up

38700 Equity shares of Rs. 1000/- each.

Rs. 38,700,000.00

Less Reduction of share Capital

3686 Equity shares of Rs. 1000/- each.

Rs. 03,686,000.00

The share capital of HPSIDC as at 31.03.2009 is as under :

(A) Authorised Share Capital

5000000 Equity shares of Rs.100/- each.

Rs. 500,000,000.00

(B) Issued, Subscribed and Paid-up

2959399 Equity shares of Rs. 100/- each.

Rs. 295,939,900.00

(4) VESTING OF UNDERTAKING

(4.1) With effect from the Appointed date, and subject to the provisions of this Scheme in

relation to the mode of transfer and vesting the undertaking and the entire business and all the

movable and immovable properties including fixed assets, capital works in progress, current assets,

investments, powers, authorities, allotments, approvals and consent, licences, registrations,

contracts engagements, arrangements, rights, title, interest, benefits and advantages of whatsoever

nature and where so ever situated belonging to or in the ownership, power or possession and in the

control of or vested in or granted in favour of or enjoyed by the Transferor Company, including but

without being limited to all, trade marks, trade names and other property rights of any nature

whatsoever and licences in respect thereof, privileges, liberties, easements, advantages, exemptions,

benefits, leases, leasehold, right, tenancy rights, ownership of flats, quota rights, permits approvals,

authorizations, right to sue and avail of telephones, telexes, facsimile connections and installations,

utilities, electricity and other services, reserves, deposits, provisions, funds, benefit of all

1377

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

agreements and all other interests arising to the Transferor Company thereinafter collectively

referred to as the said assets shall be transferred to and vested in and or deemed to be transferred to

and vested in the Transferee Company pursuant to the provisions of Section 391-394 of the said

Act for all the estate, right, title and interest of the Transferor Company therein.

(4.2)

The said assets shall without any further act, instrument, deed, matter or thing, be

transferred to and vested in the Transferee Company on the Appointed Date by a vesting order

made pursuant to the provisions of Section 391-394 of the said Act and such transfer and vesting

shall be deemed to have taken place at t he location of the Registers, Office of the Transferee

Company.

(4.3)

With effect from the Appointed date, all debts, liabilities, duties and obligations

of the Transferor Company (hereinafter referred to as the said liabilities) shall also be and stand

transferred or deemed to be transferred, without any further act, instrument or deed to the

Transferee Company, as to become as and from the Appointed date, the debts, liabilities, duties and

obligations of the Transferee Company.

(4.4)

The transfer of the said assets and the said liabilities of the Transferor Company

to the Transferee Company and the continuance of all the contracts or proceedings by or against the

Transferee Company shall not affect any contract or proceedings relating to the said assets or the

said liabilities undertaken by or instituted by or against the Transferor Company on/after the

Appointed date.

5. BUSINESS AND PROPERTY IN TRUST FOR HPSIDC:

With effect from the Appointed date, the Transferor Company:

(5.1)

shall carry on and be deemed to have carried on all its business and activities and

shall be deemed to have held and stood possessed all the said assets for and on account of and in

trust for the Transferee Company.

(5.2)

shall for all purposes treat the profits or incomes or expenditure or losses arising

or incurred by it to be the profits or incomes or expenditures or losses of the Transferee Company

as the case may be.

(5.3)

shall not vary the terms and conditions of the employment of the employees

except in the ordinary course of business.

(5.4)

shall not without the written consent of the Transferee Company, undertake any

new business.

6. LEGAL PROCEEDINGS:

All suits, actions and proceedings of whatsoever nature by or against the Transferor

Company shall be continued and be enforced by or against the Transferee Company as effectual as

if the same had been pending and/or arising against the Transferee Company.

7. CONTRACTS, DEEDS ETC:

Subject to the provisions of this Scheme, all contracts, deeds, bonds, agreements,

arrangements and other instruments of whatsoever nature to which the Transferor Company is a

party or to the benefits of which the Transferor Company may be eligible and which are subsisting

1378

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

or having effect shall be in full force and effect against or in favour of the Transferee Company as

the case may be and may be enforced as fully and effectively as if, instead of the Transferor

Company, the Transferee Company had been a party or beneficiary thereto.

8. DISCHARGE OF CONSIDERATION:

(8.1)

Upon the scheme becoming operative and in consideration of the amalgamation

HPSIDC shall not allot any equity shares to the shareholders of NFL whose name appears in the

basis, however, as and when the property of the Transferor Company so acquired by the Transferee

Company are sold, the profit if any so earned out of the sale of the same shall be shared equally by

the H.P. State Government and the Transferee Company.

(8.2)

The Equity shares if any to be issued and allotted in terms hereof will be subject

to the Memorandum and Articles of Association of the Transferee Company.

(8.3)

The approval of this scheme by the shareholders of the Transferee Company shall

be deemed to be due compliance of the provisions of Section 81(1A) and other relevant and

applicable provision of the Act for the issue and allotment of any Equity Shares by HPSIDC to the

share holders of NFL as provided in this Scheme.

9. STAFF, WORKMEN & EMPLOYEES:

Presently, the staff, workmen and employees working with the Transferor Company are on

deputation basis taken from the H.P. Government and on Approval of the Scheme of amalgamation

of both the Companies by the Central Government, they will be repatriated to their respective

parent Departments.

10. ACCOUNTING TREATMENT IN THE BOOKS OF HPSIDC:

On the Scheme becoming effective, the Transferee Company shall account for the merger in

its books of accounts as under:

(a) The face value of the Equity shares of NFL pursuant to clause 08 above will be

recorded as Nil.

(b) All the assets and liabilities as on the Appointed Date, recorded in the books of

accounts of the Transferor Company shall be recorded by the Transferee Company at

their book values as appearing in the books of the Transferor Company.

consultation with auditors of the Company is authorized to account for the assets and

liabilities take over from the Transferor Company in appropriate manner whatsoever as

may be deemed fit.

11. MODIFICATIONS/AMENDMENTS TO THE SCHEME:

The Transferor Company (by its Board of Directors or any of its Committees or Managing

Director or any person(s) duly authorized by the Board in that regard and the Transferee Company

(by its Board of Directors or any of its Committees or Managing Director or any person(s) duly

authorized by the Board in that regard) may from time to time make or assent to any modifications

or amendments to this scheme or to any conditions or limitations which the Central Government

1379

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

and/ or any authority under law may require to approve of or may impose to settle all doubts,

question of interpretation or difficulties that may arise for carrying out or in implementation of the

Scheme and to do and execute all acts, deeds and things that may be required for putting the

Scheme into effect and may give all such directions as are necessary in this regard.

12. GENERAL TERMS:

It is clarified that all taxes payable by the Transferor Company relating to the transferred

undertaking, from the Appointed Date onwards including all or any refunds and claims shall, for all

purposes, be treated as the Tax liabilities or refund or claims of the Transferee Company.

Accordingly, upon the Scheme becoming effective, the Transferee Company is expressly permitted

to revise VAT and Sales tax, Excise and other Tax returns and to claim refunds/credits, of any,

wherever deemed necessary, pursuant to the provisions of the Scheme.

13. CONDITIONALITY OF THE SCHEME:

The Scheme is specifically subject to:

(a) Approval of the Scheme by the Boards and Members of the Transferor and the

Transferee Companies.

(b) Both the Companies making and application U/S 391-394 of the Act to Central

Government, Ministry of Corporate Affairs for sanction of the scheme and necessary

order under U/s 391-394 of the said Act being obtained

Scheme being filed with the Registrar of Companies Chandigarh by the Transferor and

the Transferee Companies.

14. WINDING UP:

On the Scheme becoming effective, the Transferor Company shall stand dissolved without

being wound up.

15. EFFECT OF NON-RECEIPT OF APPROVAL/SANCTIONS:

In the event of the Scheme not being sanctioned by the Central a Government Ministry of

Corporate Affairs or orders not being passed as aforesaid, the Scheme of Amalgamation will

become null & void and shall be of no effect. However, the Transferor and transferee Company

may represent and approach the Central Government. Ministry of Corporate Affairs to review its

decision.

16. COSTS, CHARGES & EXPENSES:

All costs, charges and expenses of the Transferor Company and Transferee Company

respectively in relation to or in connection with this Scheme and carrying out and completing the

terms and provisions of this Scheme and /or incidental to the completion of amalgamation of the

undertaking of the Transferor company in pursuance of this Scheme shall be borne and paid by the

Transferee Company alone.

1381

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

;qok lsok, ,oa [ksy foHkkx

vf/klwpuk

f”keyk&2 17 vizSy]2012

Lka[;k okbZ0 ,l0 ,l0&ch¼1½4@2008-&fgekpy izns”k ljdkj jkT;iky] Hkkjr ds lafo/kku ds

vuqNsn&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 ;qok lsok,a ,oa [ksy foHkkx] vVy fcgkjh oktis;h ioZrkjksg.k ,oa lgo} [ksy

laLFkku] eukyh esa eq[; QkekZflLV] oxZ&III ¼vjktif=r½ vfyfid oxhZ; lsok,a ds in ds fy, bl

vf/klwpuk ls laYxu mikcU/k&Þdß ds vuqlkj HkrhZ vkSj izksUufr fu;e cukrh gS] vFkkZr%&

1- laf{kIr uke vkSj izkjEHk-&¼1½ bu fu;eksa dk laf{kIr uke] fgekpy izns”k ;qok lsok,a ,oa lgc}

[ksy laLFkku] eukyh] eq[; QkekZflLV] oxZ&III ¼vjktif=r½ vfyfid oxhZ; lsok,a HkrhZ vkSj izksUufr

fu;e] 2012 gS A

¼2½ ;s fu;e jkti=] fgekpy izns”k esa izdkf”kr fd, tkus dh rkjh[k ls izo`Rr gksaxs A

vkns”k }kjk]

gLrk0@&

iz/kku lfpo ¼;qok lsok,a ,oa [ksy½A

&&&&&&&&&

fgekpy izns”k] ;qok lsok,a ,oa [ksy foHkkx] vVy fcgkjh oktis;h ioZrkjksg.k ,oa lgc) [ksy laLFkku]

eukyh] eq[; QkekZflLV] oxZ-III ¼vjktif=r½ ds in ds HkrhZ vkSj ÁkSUufr fu;e

1- in dk uke-&eq[; QkekZflLV

2- inksa dh la[;k-&1 ¼,d½

3- oxhZdj.k-&oxZ&III ¼vjktif=r½ vfyfidh; oxhZ; lsok,a

4- osrueku-& i) fu;fer in /kkfj;ksa ds fy, osrueku %

is cSaM 10]300@& #i;s tek 3800@& #i;s xzsM isA

ii) lafonk ij fu;qDr deZpkfj;¨a ds fy, miyfC/k;ka %

LrEHk 15&d esa fn, x, C;kSjs ds vuqlkj 14]100@&#i;s Áfr ekl A

5- p;u in vFkok vp;u in-&ykxw ughaA

6- lh/kh HkrhZ ds fy, vk;q -&18 ls 45 o’kZ %

ijUrq lh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, Åijh vk;q lhek] rnFkZ ;k lafonk ds vk/kkj ij

fu;qfDr fd, x, O;fDr;ksa lfgr igys ls ghs ljdkj dh lsok esa jr vfH;kfFkZ;ksa dks ykxw ugha gksxh %

1382

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

ijUrq ;g vkSj fd ;fn rnFkZ ;k lafonk ds vk/kkj ij fu;qDr fd;k x;k vH;FkhZ] bl :i es

fu;qfDr dh rkjh[k dks vf/kd vk;q dk gks x;k gks] rks og rnFkZ ;k lafonk ds vk/kkj ij fu;qfDr ds

dkj.k fofgr vk;q esa NwV ds fy, ik= ugha gksxk %

ijUrq ;g vkSj fd vuqlwfpr tkfr;ksa @ vuqlwfpr tutkfr;ksa rFkk vU; oxkZs ds O;fDr;ksa ds fy,

Åijh vk;q lhek esa mruh gh NwV nh tk ldsxh] ftruh fgekpy izns”k ljdkj ds lk/kkj.k ;k fo”ks"k

vkns'k ¼vkns'kksa½ ds v/khu vuqKs; gS %

ijUrq ;g vkSj fd ;fn rnFkZ vk/kkj ij fu;qDr fd;k x;k vH;FkhZ bl :Ik esa fu;qfDr dh rkjh[k

dks vf/kd vk;q dk gks x;k gks] rks og rnFkZ ;k lafonk ds vk/kkj ij fu;qfDr ds dkj.k fofgr vk;q eas NwV

ds fy, ik= ugha gksxk %

ijUrq ;g vkSj gS fd vuqlwfpr tkfr;ksa@vuqlwfpr tutkfr;ksa rFkk vU; oxksZs ds O;fDr;ksa ds fy,

Åijh vk;q lhek esa mruh gh NwV nh tk ldsxh] ftruh fgekpy izns’k ljdkj ds lk/kkj.k ;k fo”¨’k

vkns”kksa ds v/khu vuqKs; gS %

ijUrq ;g vkSj Hkh fd ifCyd lSDVj@ fuxeksa rFkk Lok;r fudk;ksa ds lHkh deZpkfj;ksa dks] ,sls

ifCyd lSDVj @fuxeksa rFkk Lok;r fudk;ksa ds izkjfEHkd xBu ds le; ,sls ifCyd lSDVj

fuxeksa@Lok;r fudk;ksa esa vkesyu ls iwoZ ljdkjh deZpkjh Fks] lh/kh HkrhZ vk;q dh lhek esa ,slh gh

fj;k;r nh tk,xh] tSlh ljdkjh deZpkfj;ksa dks vuqKs; gS] fdUrq bl izdkj dh fj;k;r ifCyd lSDVj]

fuxeksa rFkk Lok;r fudk;ksa ds ,sls deZpkfjo`Un dks ugha nh tk,xh] tks i'pkr~orhZ ,sls fuxeksa@Lok;r

fudk;ksa }kjk fu;qDr fd, x, Fks@ gSa vkSj mu ifCyd lSDVj fuxeksa@Lok;r fudk;ksa dk izkjfEHkd xBu

ds i'pkr~ ,sls fuxeksa@Lok;r fudk;ksa dh lsok esa vfUre :Ik ls vkesfyr fd, x, gSa@fd, x, FksA

¼1½ lh/kh HkrhZ ds fy, vk;q lhek dh x.kuk] ml o"kZ ds izFke fnu ls dh tk,xh] ftlesa vkosnu

vkaef=r djus ds fy,] ;FkkfLFkfr] in foKkfir;k fu;kstuky;ksa dks vf/klwfpr fd;k x;k gSA

¼2½ vU;Fkk lqvfgZr vH;fFkZ;ksa dh n”kk esa lh/kh HkrhZ ds fy, vk;q lhek vkSj vuqHko fgekpy

izns”k yksd lsok vk;ksx ds foosdkuqlkj f”kfFky fd;k tk ldsxkA

7- lh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, visf{kr U;wure 'kSf{kd vkSj vU; vgZrka,a %

¼d½ vfuok;Z vgZrk,sa %

i) fdlh ekU;rk izkIr fo”ofo|ky; ls Lukrd dh mikf/k ;k blds lerqY; lfgr]

lEcfU?kr {ks= esa n¨ o’kZ ds vuqÒo ds lkFk ekU;rk çkIr fo”ofo|ky;@laLFkk ls

QkesZlh esa fMIyksekA

fdlh ekU;rk izkIr fo”ofo|ky; @laLFkk ls QkesZlh esa Lukrd dh mikf/kA

ii) jkT;@dsUnz ljdkj dh QkesZlh ifj’kn~ esa jftLVªh—r g¨uk pkfg,A

¼[k½ okaNuh; vgZrk,a %

i) eq[; QkekZflLV ds :Ik esa QkekZflLV dk;Z djus dk rhu o"kZ dk vuqHko rFkk mPp

rqaxh; LFkkuksa esa dk;Z djus gsrq vfHk:fp j[krk gksA

ii) fgekpy izns”k dh :f<+;ksa jhfr;ksa vkSj cksfy;ksa dk Kku vkSj izns”k esa fo|eku fof”k"V

n”kkvksa esa fu;qfDr ds fy, mi;qDrrkA

1383

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

8- lh/ks HkrhZ fd;s tkus okys O;fDr;ksa ds fy, fofgr vk;q vkSj 'kSf{kd vgZrk,sa izksUur O;fDr;ksa dh

n”kk esa ykxw gksaxh ;k ugh %

vk;q % ykxw ughaA

'kfS{kd vgZrk % ykxw ughaA

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 dkj.kksa ls vkns”k

nsaA

10- HkrhZ dh i)fr&HkrhZ lh/kh g®xh ;k izksUufr] izfrfu;qfDr] LFkkukUrj.k }kjk vkSj fofHkUu

i)fr;ksa }kjk Hkjs tkus okys in¨a dh izfr”krrk-&'kr izfr”kr lh/kh HkrhZ }kjk] ;FkkfLFkfr] fu;fer vk/kkj

ij ;k lafonk ds vk/kkj ij HkrhZ }kjkA ,slk u g¨us ij lSadsUMeSaUV vk/kkj ijA lafonk ij fu;qfDr fd,

x, deZpkjh LrEHk 15&d esa nh xbZa miyfC/k;ka izkIr djsaxs vkSj rFkkdfFkr LrEHk esa ;Fkk fofufnZ"V lsok

“krksZ }kjk fofu;fer gksaxsA

11- izksUufr] izfrfu;qfDr] LFkkukrj.k dh n”kk esa Jsf.k;ka] ftuls izksUufr] izfrfu;qfDr] LFkkukUrj.k

fd;k tk,xk-&fgekpy izns”k ljdkj ds vU; foHkkxksa esa bl in ds le:Ik osrueku esa dk;Zjr in/kkfj;ksa

esa ls lSds.MeSUV vk/kkj ijA

12- ;fn foHkkxh; izksUufr lfefr fo|eku gks rks] mldh lajpuk-&ykxw ughaA

13- HkrhZ djus esa ftu ifjfLFkfr;ksa esa fgekpy izns'k yksd lsok vk;ksx ls ijke”kZ fd;k tk,xk-&

tSls fof/k }kjk visf{kr gksA

14- lh/kh HkrhZ ds fy, vfuok;Z vis{kk-&fdlh lsok ;k in ij fu;qfDr ds fy, vH;FkhZ Hkkjr dk

ukxfjd gksuk vfuok;Z gSA

15- lh/kh HkrhZ }kjk in ij fu;qfDr ds fy, p;u-&lh/kh HkrhZ ds ekeys esa in ij fu;qfDr ds

fy, p;u] ekSf[kd ijh{kk ds vk/kkj ij fd;k tk,xkA ;fn] ;FkkfLFkfr] fgekpy izns”k yksd lsok vk;ksx

;k vU; HkrhZ izkf/kdj.k ,slk djuk vko”;d ;k lehphu le>s] rks fyf[kr ijh{kk ;k O;ogkfjd ijh{kk ds

vk/kkj ij fd;k tk,xk] ftldk Lrj@ikB~;Øe bR;kfn] ;FkkfLFkfr] vk;ksx ;k vU; HkrhZ izkf/kdj.k }kjk

vo/kkfjr fd;k tk,xkA

15&d lafonk fu;qfDr }kjk in ij fu;qfDr ds fy, p;u-&bu fu;eksa esa fdlh ckr ds gksrs gq,

Hkh in ij lafonk fu;qfDr;ka uhps fn, x, fucU/kuksa vkSj “krksaZ ds v/;/khu dh tk,xh %&

¼I½ ladYiuk %

¼d½ bl ikWafylh ds v/khu vVy fcgkjh oktis;h ioZrkjksg.k ,oa lgc) [sky laLFkku] eukyh

fgekpy izns”k esa eq[; QkekZflLV dks lafonk ds vk/kkj ij izkjEHk esa ,d o"kZ ds fy, j[kk

tk,xk] ftls o"kkZuqo"kZ vk/kkj ij c<k;k tk ldsxk %

ijUrq lafonk dh vof/k esa o"kkZuqo"kZ vk/kkj ij [email protected] ds fy, lEc) foHkkxk/;{k

;g izek.k&i= tkjh djsxk fd lafonk ij fu;qDr O;fDr dh lsok vkSj vkpj.k ml o"kZ ds

nkSjku larks"ktud jgk gS vkSj dsoy rHkh mldh lafonk dh vof/k uohd`r@foLrkfjr dh

tk,xhA

1384

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

¼[k½ in dk fgekpy izns”k v/khuLFk lsok,Wa p;u cksMZ ds dk;Z {ks= esa vkuk % funs'kd] vVy

fcgkjh oktis;h ioZrkjksg.k ,oa lgc) [ksy laLFkku eukyh fgekpy izns'k esa fjDr inkas dks

lafonk ds vk/kkj ij Hkjus ds fy, ljdkj dk vuqeksnu izkIr djus ds Ik”pkr~ v/;is{kk dks]

lEc) HkrhZ vfHkdj.k vFkkZr~ fgekpy izns”k v/khuLFk lsok,a p;u cksMZ] gehjiqj ds le{k

j[ksxkA

¼x½ p;u bu fu;eksa esa fofgr ik=rk 'krksZa ds vuqlkj fd;k tk,xkA

¼II½ lafonkRed miyfC/k;ka-&Lakfonk ds vk/kkj ij fu;qDr eq[; QkekZflLV dks 14]100]@&:Ik, dh

lesfdr fu;r lafonkRed jde ¼tks is cS.M tek xzsM is ds U;wure ds cjkcj gksxh½ izfrekl lanRr dh

tk,xhA ;fn lafonk esa ,d o"kZ ls vf/kd dh c<kSrjh dh tkrh gS] rks Ik”pkr~orhZ o"kZ ¼o"kkZsa½ ds fy,

lafonkRed miyfC/k;ksa esa 430@&:Ik, dh jde ¼in ds is cS.M tek xzsM is ds U;wure dk rhu izfr”kr½

okf"kZd o`f) ds :Ik esa vuqKkr dh tk,xhA

¼III½ fu;qfDr@vuq”kklu izkf/kdkjh-&funs”kd] vVy fcgkjh oktis;h ioZrkjksg.k ,oa lgc) [ksy

laLFkku] eukyh] fgekpy izns”k fu;qfDr vkSj vuq”kklu izkf/kdkjh gksxkA

¼IV½ p;u izfØ;k-&lafonk fu;qfDr dh n”kk esa in ij fu;qfDr ds fy, p;u] ekSf[kd ijh{kk ds

vk/kkj ij fd;k tk,xk vkSj iz;ksxkÙed ijh{kk ds vk/kkj ij vkSj ;fn ;FkkfLFkfr] fgekpy izns”k yksd

lsok vk;ksx rFkk vU; HkrhZ izkf/kdj.k ,slk djuk vko”;d ;k lekphu le>s] rks fyf[kr ijh{kk ds ;k

O;ogkfjd ijh{kk ds vk/kkj ij fd;k tk,xk] ftldk Lrj@ikB~;Øe vkfn lEkc) HkrhZ vfHkdj.k vFkkZr~

fgekpy izns”k v/khuLFk lsok,a p;u cksMZ] gehjiqj }kjk vo/kkfjr fd;k tk,xkA

¼V½ lafonkRed fu;qfDr;®a ds fy, p;u lfefr-&tSlh lEc) HkrhZ vfHkdj.k] vFkkZr~ fgekpy

izns”k v/khuLFk lsok,a p;u cksMZ] gehjiqj }kjk le;≤ ij xfBr dh tk, A

¼VI½ djkj-&vH;FkhZ dks] p;u ds Ik”pkr~ bu fu;eksa ls layXu mikcU/k& ^^[k^^ ds vuqlkj djkj

gLrk{kfjr djuk gksxkA

¼VII½ fucU/ku vkSj “krsZa-&

¼d½ lafonk ij fu;qDr O;fDr dks 14]100@&:Ik, dh fu;r lafonkRed jde ¼tks is cS.M ds

U;wure tek xzsM is ds cjkcj gksxh½ izfrekl lanRr dh tk,xhA lafonk ij fu;qDr O;fDr

vkxs c<+k;s x, o"kZ@ o"kksZa ds fy, lafonkRed jde es 430@&:Ik, ¼in ds is cS.M ds

U;wure tek xzsM is dk rhu izfr”kr½ dh okf’kZd o`f) dk gdnkj gksxk vkSj vU; dksbZ

lgc) izlqfo/kk,a tSls ofj"B@ p;u osrueku vkfn ugha fn;k tk,xkA

¼[k½ lafonk ij fu;qDr O;fDr dh lsok iw.kZr;k vLFkk;h vk/kkj ij gksxhA ;fn lafonk ij fu;qDr

O;fDr dk dk;[email protected] Bhd ugha ik;k tkrk rks fu;qfDr lekIr fd, tkus ds fy, nk;h

gksxhA

¼x½ lafonk ij fu;qDr O;fDr ,d ekl dh lsok iwjh djus ds i'pkr ,d fnu ds vkdfLed

vodk'k dk gdnkj gksxkA ;g vodk'k ,d o"kZ rd lafpr fd;k tk ldsxkA lafonk ij

fu;qDr O;fDr dks fdlh Hkh izdkj dk vU; dksbZ vodk'k vuqKkr ugha gksxkA og fpfdRlk

izfriwfrZ vkSj ,y0Vh0lh0 bR;kfn ds fy, Hkh gdnkj ugha gksxkA dsoy izlwfr vodk”k]

fu;ekuqlkj fn;k tk,xkA

1385

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

¼?k½ fu;U=d vf/kdkjh ds vuqeksnu ds fcuk lsok ls vuf/kd`r vuqiLFkfr ls Lor% gh lafonk dk

i;Zolku ¼lekiu½ gks tk,xkA lafonk ij fu;qDr O;fDr drZO; ¼M~;wVh½ ls vuqifLFkfr dh

vof/k ds fy, lafonkRed jde dk gdnkj ugha gksxkA

¼³½ lafonk ij fu;qDr O;fDr ftlus rSukrh ds LFkku ij ikap o"kZ dk dk;Zdky iw.kZ dj fy;k g¨]

vko”;drk ds vk/kkj ij LFkkukUrj.k gsrq ik= gksxk] tgka Hkh iz”kklfud vk/kkj ij ,slk

djuk visf{kr gksA

¼p½ p;fur vH;FkhZ dks ljdkjh@jftLVªd`r fpfdÙlk O;olk;h ls viuk vkjksX;rk izek.k i=

izLrqr djuk gksxkA ckjg lIrkg ls vf/kd le; dh xHkZoLFkk okyh efgyk vH;FkhZ izlo g¨us

rd] vLFkk;h rkSj ij vuqi;qDr cuh jgsxhA efgyk vH;kfFkZ;ksa dk fdlh izkf/kd`r fpfdRlk

vf/kdkjh@O;olk;h }kjk lsok mi;qDrrk ds fy, iqu% ijh{k.k fd;k tk,xkA

¼N½ lafonk ij fu;qDr O;fDr dk ;fn vius inh; drZO;ksa ds lEcU/k esa nkSjs ij tkuk visf{kr gks]

rks og mlh nj ij tSlk fu;fer deZpkfj;ksa dks osrueku ds U;wure ij ykxw gS] ;k=k

HkRrs@ nSfud HkRrs dk gdnkj gksxkA

¼t½ fu;fer deZpkfj;ksa dh n”kk esa ;Fkk ykxw lsok fu;eksa ds micU/k ,Q0vkj0&,l0 vkj0] NqÍh

fu;e] lk/kkj.k Hkfo"; fuf/k fu;e] iSU”ku fu;e rFkk vkpj.k fu;e vkfn lafonk ij fu;qDr

O;fDr;kas dh n”kk esa ykxw ugha gksaxsA os bl LrEHk esa ;Fkkof.kZr miyfC/k;ksa vkfn ds fy,

gdnkj gksaxsA

16- vkj{k.k-&lsok esa fu;qfDr fgekpy izns”k ljdkj }kjk le;≤ ij vuqlwfpr

tkfr;ksa@vuqlwfpr tutkfr;ksa@vU; fiNM+s oxksZa vkSj vU; izoxZ ds O;fDr;ksa ds fy, lsok esa vkj{k.k dh

ckcr tkjh fd;s x;s vkns”kksas ds v/khu gksxhA

17- foHkkxh; ijh{kk -&ykxw ughaA

18- f”fFky djus dh 'kfDr-&tgka jkT; ljdkj dh ;g jk; gks fd ,slk djuk vko”;d ;k

lekphu gS] ogka og dkj.kksa dks fyf[kr esa vfHkfyf[kr djds fgekpy izns'k yksd lsok vk;ksx ds ijke”kZ

}kjk bu fu;eksa ds fdUgha micU/kksa dks fdlh oxZ ;k O;fDr;ksa ds ÁoxZ ;k inksa dh Ckkcr] f”kfFky dj

ldsxhA

mikcU/k&^^d**

eq[; QkekZflLV vkSj fgekpy izns”k ljdkj ds e/; funs”kd] vVy fcgkjh oktis;h ioZrkjksg.k ,oa

lgc) [ksy laLFkku] eukyh ds ek/;e ls fu"ikfnr dh tkus okyh lafonk djkj dk izk:IkA

;g djkj Jh@Jhefr---------------------------iq=@iq=h Jh------------------------fuoklh--------------------------------------------------

lafonk ij fu;qDr O;fDr ¼ftls blds i'pkr½ ^^izFke i{kdkj** dgk x;k gS vkSj fgekpy izns”k ds

jkT;iky ds e/; vVy fcgkjh oktis;h ioZrkjksg.k ,oa lgc) [ksy laLFkku] eukyh ds ek/;e ls ¼fu;qfDr

izkf/kdkjh dk uke½ ds ¼ftls blesa blds i'pkr ^^f}rh; i{kdkj** dgk x;k gS½ ds e/; vkt rkjh[k------------

------------------------------------------dks fd;k x;kA

^^f}rh; i{kdkj** us mijksDr izFke i{kdkj dks yxk;k vkSj izFke i{kdkj us eq[; QkekZflLV ds

:Ik esa lafonk vk/kkj ij fuEufyf[kr fucU/ku vkSj 'krksZa ij lsok djus dh lgefr nh gS%

1- ;g fd izFke i{kdkj--------------------------------- ds :Ik esa------------------------------------ ls izkjEHk gksus vkSj-------------

--------------dks lekIr gksus okys fnu rd] ,d o"kZ dh vof/k ds fy, f}rh; i{kdkj dh lsok esa eq[;

1386

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

QkekZflLV ds :Ik esa jgsxkA ;g fofufnZ"V :Ik ls mYysf[kr fd;k x;k gS vkSj nksuksa i{kdkjksa }kjk djkj

fd;k x;k gS fd izFke i{kdkj dh f}rh; i{kdkj ds lkFk lafonk vkf[kjh dk;Z fnol vFkkZr-------------------------

fnu dks Lo;eso gh i;Zoflr¼lekIr½ le>h tk,xh vkSj lwpuk uksfVl vko”;d ugha gksxk%

ijUrq lafonk dh vof/k esa o"kkZuqo"kZ vk/kkj [email protected] ds fy, lEc} foHkkxk/;{k ;g

izek.k i= tkjh djsxk fd lafonk ij fu;qDr O;fDr dh lsok vkSj vkpj.k ml o"kZ ds nkSjku larks"ktud

jgk gS vkSj dsoy rHkh mldh lafonk dh vof/k uohd`r@foLrkfjr dh tk,xhA

2- izFke i{kdkj dZk lafonkRed jde 14]100@&:Ik;s izfrekl g¨xhA

3- izFke i{kdkj dh lsok iw.kZr;k vLFkk;h vk/kkj ij gksxhA ;fn lafonk ij fu;qDr O;fDr dk

dk;Z @vkpj.k Bhd ugha ik;k tkrk gS ;k ;fn fu;fer in/kkjh ml fjfDr ds fo:) fu;qDr@rSukr dj

fn;k tkrk gS] ftlds fy, izFke i{kdkj dks yxk;k x;k gS rks fu;qfDr i;Zoflr ¼lekIr½ dh tkus ds

fy, nk;h gksxhA

4- lafonk ij fu;qDr eq[; QkekZflLV ,d ekl dh lsok iwjh djus ds i'pkr ,d fnu ds

vkdfLed vodk'k dk gdnkj gksxkA ;g vodk'k ,d o"kZ rd lafpr fd;k tk ldsxkA lafonk ij

fu;qDr eq[; QkekZflLV dks fdlh Hkh izdkj dk vU; dksbZ vodk”k vuqKkr ugha gksxkA og fpfdRlk

izfriwfrZ vkSj ,y0Vh0lh0 bR;kfn ds fy, Hkh gdnkj ugha gksxk@gksxhA dsoy izlwfr vodk”k] fu;ekuqlkj

fn;k tk,xkA

5- fu;U=d vf/kdkjh ds vuqeksnu ds fcuk dRrZO;ksa ls vuf/kd`r vuqifLFkfr ls Lor% gh lafonk

dk i;kZolku ¼lEkkiu½ gks tk,xkA lafonk ij fu;qDr eq[; QkekZflLV dRrZO; ls vuqifLFkfr dh vof/k ds

fy, lafonkRed jde dk gdnkj ugha gksxkA

6- lafonk ij fu;qDr deZpkjh ftlus rSukrh ds ,d LFkku ij ikap o"kZ dk dk;Zdky iw.kZ dj

fy;k gS] vko”drk ds vk/kkj ij LFkkukarj.k gsrq ik= gksxk] tgka Hkh iz”kklfud vk/kkj ij ,slk djuk

visf{kr gksA

7- p;fur vH;FkhZ d® ljdkjh @jftLVªhd`r fpfdRlk O;olk;h ls viuk vkjksX;rk izek.k i=

izLrqr djuk gksxkA efgyk vH;kfFkZ;ksa dh n”kk esa] ckjg lIrkg ls vf/kd dh xHkZoLFkk izlo gksus rd mls

vLFkkbZ rkSj ij vuqi;qDr cuk nsxhA efgyk vH;fFkZ;ksa dk fdlh izkf/kd`r fpfdRlk vf/kdkjh@ O;olk;h

}kjk mi;qDrrk ds fy, iqu% ijh{k.k fd;k tkuk pkfg,A

8- lafonk ij fu;qDr O;fDr dk ;fn vius inh; dRrZO;ksa ds lEcU/k es nkSj ij tkuk visf{kr

gks] rks og mlh nj ij tSlh fu;fer izfrLFkkuh deZpkjh dks osrueku ds U;wure ij ykxw gS] ;k=k

HkRrs@nSfud HkRrs dk gdnkj gksXkk@ gksXkh A

9- lafonk ij fu;qDr O;fDr¼;ksa½ dks lkewfgd chek ;®tuk ds lkFk&lkFk b0ih0,Q0@

th0ih0,Q0 Hkh ykxw ugha gksxkA

blds lk{;Lo:i izFke i{kdkj vkSj f}rh; i{kdkj us lkf{k;®a dh mifLFkfr esa bleas loZçFke

mfYyf[kr rkjh[k dks vius&vius gLrk{kj dj fn;s gSA

lkf{k;ksa dh mifLFkfr esa

1---------------------------------------------------------

---------------------------------------------------------------

¼uke o iwjk irk½

2-------------------------------------------------------------

---------------------------------------------------------------

1387

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

¼uke o iwjk irk½

izFke i{kdkj ds gLrk{kj

lkf{k;ksa dh mifLFkfr esa

1------------------------------------------------------------

---------------------------------------------------------------

¼uke o iwjk irk½

2-----------------------------------------------------------

-------------------------------------------------------------

¼uke o iwjk irk½

f}rh; i{kdkj ds gLRkk{kj

__________

[Authoritative English Text of this Department notification No.YSS-B(1)-4/2008 dated 17-

04-2012 as required under clause (3) of Article-348 of Constitution of India.].

YOUTH SERVICES AND SPORTS DEPARTMENT

NOTIFICATION

Shimla-2, the 17th April, 2012

No.YSS-B(1)-4/2008.—In exercise of the powers conferred by proviso to Article 309 of the

Constitution of India, the Governor, Himachal Pradesh, in consultation with Himachal Pradesh

Public Service Commission, is pleased to make the Recruitment and Promotion Rules for the post

of Chief Pharmacist, Class-III (Non-Gazetted) Non-ministerial Services, in the Department of

Youth Services and Sports, Atal Bihari Vajpayee Institute of Mountaineering & Allied Sports

Manali as per Annexure-“A” attached to this notification, namely :-

Short Title and Commencement.—(I) These rules may be called the Himachal

Pradesh Youth Services & Sports Department, Atal Bihari Vajpayee Institute of Mountaineering &

Allied Sports Manali, Chief Pharmacist, Class-III (Non-Gazetted), Non-Ministerial Services,

Recruitment and Promotion Rules,2012.

(2) These Rules shall come into force from the dated of its publication in the Rajpatra,

Himachal Pradesh.

By order,

Sd/-

Principal Secretary.

_________

ANNEXURE-“A”

RECRUITMENT AND PROMOTION RULES FOR THE POST OF CHIEF PHARMACIST

(CLASS-III-NON-GAZETTED), IN THE DEPARTMENT OF YOUTH SRVICES MAND

SPORTS, ATAL BIHARI VAJPAYEE INSTITUTE OF MOUNTAINEERING ALLIED

SPORTS, MANALI, HIMACHAL PRADESH.

1. Name of the Post.—Chief Pharmacist

2. Number of Posts.—01 (One)

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3. Classification : Class-III (Non-Gazetted) (Non- Ministerial Services)

4. Scale of Pay : (i) Pay Scale for regular incumbent :-

Pay Band `, 10300--34800 + `, 3800/-

Grade Pay.

(ii) Emoluments for contract employees: `, 14,100/- (as per details

given in Col No.15-A).

5. Whether “Selection” post or “Non-Selection” Post : Not applicable.

6. Age for direct recruitment : Between 18 and 45 years.

Provided that the upper age limit for direct recruits will not be applicable to the candidates

already in service of the Government including those who have been appointed on ad hoc or on

contract basis;

Provided further that if a candidates appointed on ad hoc basis had become over age on the

date. When, he was appointed as such he shall not be eligible for any relaxation in the prescribed

age limit by virtue of his ad hoc or contract appointment;

Provided further that upper age limit is relax able for Scheduled Castes/Scheduled

Tribes/other categories of persons to the extent permissible under the general or special order(s) of

the Himachal Pradesh Government;

Provided further that the employees of all the Public Sector Corporations and Autonomous

Bodies

who

happened

Governments

servants

before

absorption

Public

Sector/Corporations/Autonomous Bodies shall be allowed, age concession in direct recruitment as

admissible to Government Servants. This concession will not however, be admissible to such staff

of the Public Sector Corporations/Autonomous Bodies and who were/are subsequently appointed

by such corporations/Autonomous Bodies who are/were finally absorbed in the service of such

Corporations/Autonomous Bodies after initial constitution of the Public Sector Corporations/

Autonomous Bodies.

(1) Age limit for direct recruitment will be reckoned on the first day of the year in which

the post(s) is /are advertised for inviting applications or notified to the Employment

Exchanges or as the case may be.

(2) Age and experience in the case of direct recruitment relax able at the discretion of the

Himachal Pradesh Public Service Commission in case the candidate is other-wise well

qualified.

7. Minimum educational and other qualifications required for direct recruit(s).

(a) ESSENTIAL QUALIFICATION(s)

(i) Bachelors Degree or its equivalent from recognized University with Diploma in

Pharmacy from recognized University/Institution followed by two years

experience in the related field.

Bachelors Degree in Pharmacy from recognized University/Institution.

(ii) Must be registered with the Pharmacy Council of the State/Central Govt.

1389

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

(b) DESIRABLE QUALIFICATION(s):

(i) Three years working experience as Chief Pharmacist and should have aptitude for

working in High Altitude.

(ii) Knowledge of customs, manner and dialects of Himachal Pradesh and suitability

for appointment in the peculiar conditions prevailing in the Pradesh.

8. Whether age and educational qualification(s) prescribed for will apply in the case

of promotee(s):

Age.—Not applicable.

Educational Qualification.—Not applicable direct recruit(s).

9. Period of probation, if any.—Two years’ 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 percentage of post(s) to be filled in by various methods.—100% by

direct recruitment on regular basis or by recruitment on contract basis, as the case may be, failing

which on secondment basis. The contract employees will get emoluments as given in Column 15-A

and will be governed by service conditions as specified in the said column.

11. In case of recruitment by Promotion, deputation, transfer, grades from which

promotion/deputation/transfer is to be made.—On secondment basis from amongst the

incumbents of this post working in the identical pay scales from Himachal Pradesh Government

Departments.

12. If Departmental Promotion Committee exists, what is its Composition ?.—Not

Applicable.

13. Circumstances under which the H.P.P.S.C. is to be consulted in making

recruitments.—As required under the law.

14. Essential requirement for a any direct recruitment.—A candidate for appointment

to any service or post must be a citizen of India.

15. Selection for appointment to post by direct recruitment.—Selection for

appointment to the post in the Case of Direct Recruitment shall be made on the basis of viva voce

test, if H.P. Public Service Commission or other recruiting authority, as the case may be, so

consider necessary or expedient, by a written test or practical test, the standard/syllabus etc .of

which will be determined by the Commission OR other recruitment authority, as the case may be.

15-ASelection for appointment to the post by contract appointment.—Notwithstanding

anything contained in these Rules, contract appointments to the post will be made subject to the

terms and conditions given below:-

(I) CONCEPT.—(a) Under this policy the Chief Pharmacist in the ABV Institute of

Mountaineering & Allied Sports, Manali H.P., Department of Youth Services & Sports will be

engaged on contract basis initially for one year, which may be extendable on year to year basis.

1390

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

Provided that for extension/renewal of contract period on year to year basis the concerned

HOD shall issue a certificate that the service and conduct of the contract appointee is satisfactory

during the year and only then his period of contract is to be renewed/extended.

(b) POSTS FALLS WITH IN THE PREVIEW OF HPSSSB.—The Director, ABV

Institute of Mountaineering & Allied Sports, Manali H.P. after obtaining the approval of the

Government to fill up the vacant posts on contract basis will place the requisition with the

concerned recruiting agency i.e. H.P. Subordinate Service Selection Board, Hamirpur.

(c) The selection will be made in accordance with eligibility conditions prescribed in these

R & P Rules.

(II) CONTRACTUAL EMOLUMENTS.—The Chief Pharmacist appointed on contract

basis will be paid consolidated fixed contractual amount @ `, 14,100/- PM. (which shall be equal

to minimum of the pay band + grade pay). An amount of `, 430/- (3% of the minimum of the pay

band+grade pay of the post) as annual increase in contractual emoluments for the subsequent

year(s) will be allowed if contract is extended beyond one year.

(III) APPOINTING/DISCIPLINARY AUTHORITY.—The Director, ABV Institute of

Mountaineering & Allied Sports, Manali H.P. will be appointing and disciplinary authority.

(IV) SELECTION PROCESSES.—Selection for appointment to the post in the case of

contract appointment will be made on the basis of vivavoce test or if consider necessary or

expedient by a written test or practical test the standard /syllabus etc. of which will be determined

by the concerned recruiting agency i.e. H.P. Subordinate Service Selection Board, Hamirpur.

(V) COMMITTEE FOR SELECTION OF CONTRATUAL APPOINTMENTS.—As

may be constituted by the concerned recruiting agency i.e. the H.P. Subordinate Service Selection

Board Hamirpur from time to time.

(VI)

AGREEMENT.—After selection of a candidate, he/she shall Sign an agreement

as per Annexure-B appended to these Rules.

(VII)

TERMS AND CONDITIONS.—(a) The contract appointee will be paid fixed

contractual amount @ Rs, 14,100/- PM. (which shall be equal to minimum of the pay band+grade

pay). The Contract Appointee will be entitled for increase in contractual amount @ Rs, 430/- (3%

of the minimum of the pay band+ grade pay) for further extended years and no other allied benefits

such as senior/selection scales etc, shall be given.

(b) The service of the contract Appointee will be purely on temporary basis. The

appointment is liable to be terminated in case the performance / conduct of the contract appointee is

not found satisfactory.

(c) Contractual Appointee will be entitled for oneday casual leave after putting one month

service. This leave can be accumulated up to one year. No leave of any other kind is admissible to

the contract appointee. He/She shall not be entitled for Medical Reimbursement and LTC etc. only

maternity leave will be given as per Rules.

(d) Unauthorized absence from the duty without the approval of the controlling officer

shall automatically lead to the termination of the contract. Appointee shall not be entitled or

contractual amount for the period of absence from duty.

1391

jkti=] fgekpy izns'k] 29 ebZ] 2012@8 T;s"B] 1934

(e) An official appointed on Contract basis who have completed five years tenure at one

place of posting will be eligible for transfer on need based basis wherever required on

administrative grounds.

(f) Selected candidate will have to submit a certificate of his/her fitness from a

Government/Registered Medical Practitioner Women Candidate pregnant beyond 12 weeks will

stand temporarily. unfit till the confinement is over. The women candidate will be re-examined for

the fitness from an authorized Medical Officer/Practitioner.

(g) Contract appointee will be entitled to TA/DA if required to go on tour in connection

with his/her official duties at the same rate as applicable to regular counter part officials at the

minimum of the pay scale.

(h) Provisions of service rules like FR SR, Leave Rules, GPF Rules, Pension Rules and

Conduct Rules etc,. as, are applicable in case of regular employees will not be applicable in case of

contract appointees. They will be entitled for emoluments etc. as detailed in this column.

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 Government from time to time.

17. Departmental Examination .—Not applicable.

18. Powers 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

H.P. Public Service Commission relax any of the provision(s) of these Rules with respect to any

Class or category of person(s) or posts(s).

ANNEXURE- B

FORM OF CONTRACT / AGREEMENT TO BE EXECUTED BETWEEN CHIEF

PHARMACIST AND THE GOVT. OF HP THROUGH THE DIRECTOR OF ATAL BIHARI

VAJPAYEE OF INSTITUTE OF MOUNTAINEERING AND ALLIED SPORTS, MANALI

(H.P).

This agreement is made on this__________________________ day of _______________

in the year__________________________ Between Miss/Smt.Sh.__________________________

S/o/D/O_____________________________R/O_______________________________________)

Contract appointee (here in after called the first party), and the Governor of Himachal

Pradesh through the Director, Atal Bihari Vajpayee Institute of Mountaineering & Allied Sports

Manali H.P. (hereinafter the second party).

Whereas, the second party has engaged the aforesaid first party and the first party has

agreed to serve as a Chief Pharmacist on contract basis on the following terms and conditions:-

1. That the first party shall remain in the service of the second Party as a Chief

Pharmacist

for

period

one

year

commencing

the

day

__________________________and ending on the day of _______________ It is

specifically mentioned and agreed upon by both the parties that the contract of the first

party with second party shall ipso facto stand terminated on the last working days i.e.

on __________And information notice shall not be necessary.

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Provided that for extension/renewal of contract period on year to year basis the

concerned HOD shall issue a certificate that the service and conduct of the contract

appointee is satisfactory during the year and only then his/her period of contract is to

be renewed/extended.

2. The contractual amount of the FIRST PARTY will be Rs. 14,100/- per month.

3. The service of first party will be purely on temporary basis. The appointment is liable

to be terminated in case the performance/conduct of the contract appointee is not found

good or if a regular incumbent is appointed/ posted against the vacancy for which the

first party was engaged on contract.

4. Contractual Chief Pharmacist will be entitled for one-day casual leave after putting in

one month service. This leave can be accumulated up to one year. No leave of any kind

is admissible to the contractual Chief Pharmacist. He will not be entitled for Medical

reimbursement and LTC etc. Only maternity leave will be given as per Rules.

5. Unauthorized absence from the duty without the approval of the controlling Officer

shall automatically lead to the termination of the contract. A Contractual Chief

Pharmacist will not be entitled for contractual amount for the period of absence from

duty.

6. An official appointed on contract-basis who have completed five years tenure at one

place of posting will be eligible for transfer on need based basis wherever required on

administrative grounds.

7. Selected candidate will have to submit a certificate of his/her fitness from a Govt./

Registered Medical Practitioner. In case of women candidates pregnancy beyond

twelve weeks will render her temporarily unfit till the confinement is over. The women

candidate should be reexamined for fitness from an authorized Medical Officer/

Practitioner.

8. Contract appointee shall be entitled to TA/DA if required to go on tour in connection

with his official duties at the same rate as applicable to regular counter part official at

the minimum of pay scale.

9. The employees Group Insurance Scheme as well as EPF/GPF will not be applicable to

contractual appointee(s). As desired of the Hon’ble Chief Minister of the matter kindly

of the matter is also of

IN WITNESS the FIRST PARTY AND SECOND PARTY have herein to set their hands

the day, month and year first, above written.

IN THE PRESENCE OF WITNESS:

1______________________________________

_______________________________________

Name & Full Address)

Signature of the First Party).

2.______________________________________

_______________________________________

(Name & Full Address)

(Signature of the Second Party).

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IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-CUM-

INDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P. (CAMP AT UNA)

Ref No. : 30/2010

Date of Institution : 23.04.2010

Date of Decision : 23.03.2012

Shri Bhawani Singh s/o Shri Bhagat Ram, r/o Village Hawani, P.O. Martu, Tehsil &

District Mandi, H.P.

. .Petitioner.

Versus

1. The Settlement Officer, Kangra Division, Dharamshala, District Kangra, H.P.

2. Naib Tehsildar (Settlement), Circle Baragran, Kullu, District Kullu, H.P.

. . Respondents.

Reference under Section 10 (1) of the Industrial Disputes Act, 1947.

For the Petitioner : Sh. R.K. Khidtta, Adv.

For the Respondent : Sh. Sanjeev Katoch, Dy.D.A.

AWARD

The below given reference has been received from the appropriate Government for

adjudication:

“Whether the verbal termination of services of Shri Bhawani Singh s/o Shri Bhagat Ram by

the (1) Settlement Officer, Kangra Division, Dharamshala, District Kangra, H.P. (2) Naib

Tehsildar (Settlement), Circle Baragran, Kullu, District Kullu, H.P. w.e.f.31.07.03 without

serving him charge sheet, without holding enquiry and without complying with the

provisions of The Industrial Disputes Act, 1947 on completion of 240 days continuous

service is proper and justified? If not, to what back wages, seniority, service benefits and

relief the above named workman is entitled to?”

2. The case of the petitioner (as set out in the statement of claim/demand) is that he was

engaged as Chain Man in the office of Naib Tehsildar Circle Baragran, Kullu on 13.2.1996 and he

worked continuously in the said office upto 31.7.2003. During the period of his employment, the

respondents used to give him fictional breaks which amounts to ‘unfair labour practice’. A notice

dated 21.7.2003 was received by him indicating that his (petitioner’s) services shall stand

terminated w.e.f. 31.7.2003. His services were dispensed with without assigning any reason and

without complying with the provisions of the Industrial Disputes Act, 1947 (‘the Act’ for short). He

was forced to approach the Hon’ble H.P. State Administrative Tribunal, Shimla for the redressal of

his grievances. He instituted Original Application No.2093/2003 before the Hon’ble Tribunal. Due

to the closure of the Hon’ble Tribunal the Original Application preferred by him was transferred to

the Hon’ble High Court. He (petitioner) withdrew the case/Original Application from the Hon’ble

High Court with liberty to avail alternate remedy. After the withdrawal of the case, he approached

the respondents/department a number of times to re-engage him but in vain. Then he served a

demand notice upon the respondents. The copy of the demand notice was also forwarded to the

Labour-cum-Conciliation Officer, Kullu. The latter called the respondents. The matter could not be

reconciled because of the adamant attitude of the respondents. No retrenchment compensation was

paid to him. His (petitioner’s) work and conduct always remained upto the satisfaction of the

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officials of the respondents. He had completed 240 days of service in each calendar year preceding

the date of his termination. The services of the other workmen engaged by the

respondents/department have already been regularized. He has a right to continue in service till he

attains the age of superannuation. The work which (petitioner) was performing is still available

with the department. The workers are required by the respondents/department. The act and conduct

of the respondents is highly illegal, unjust and arbitrary. It is also violative of the provisions of

Sections 25-F, 25-G and 25-H of the Act.

As such, he (petitioner) prays that the respondents be directed to reinstate him with full back

wages and other consequential benefits including the continuity and seniority in service. He also

prays that his services be regularized as per the policy of the State Government by setting aside the

termination.

3. On notice, the respondents appeared. They filed common reply controverting the

averments made in the petition/statement of claim. Preliminary objections have been taken to the

effect that the petition is not maintainable against them. The petitioner has no cause of action. The

petition is bad on account of delay and laches on the part of the petitioner. They (respondents) by

undertaking the settlement operation were performing the sovereign function of the State.

Therefore, they do not fall under the definition of the industry. This Court/Tribunal has no

jurisdiction to entertain and try the petition. The petitioner has not come to the Court with

clean hands. He has suppressed the material facts from the Court.

On merits, it stands admitted that the petitioner was employed as Chain Man in the office

of Naib Tehsildar, Circle Baragran, Kullu on 13.02.1996. The man days chart of the petitioner is

appended as annexure RI to the reply. The copy of the Office Order with respect to the appointment

of the petitioner is attached as annexure R-II to the reply. The State Government by taking recourse

too the provisions of the H.P. Land Revenue Act,1954 carries out sovereign function of

surveys/settlement of land holding by undertaking the Settlement Operations under the overall

supervision of the Settlement Officer (respondent No.1) Per notification dated 9th February, 1995

issued by the State Government the area falling within the territorial jurisdiction of District Kullu

came under the Settlement Operation. Copy of such notification is annexed as annexure R-III to the

reply. For carrying out the Settlement Operation, the respondent No.1 employed Chain Men as per

law in a phased manner. On 03.04.2003 as many as 64 daily paid Chain Men were employed. Their

composite seniority list is attached as annexure R-V to the reply. With the conclusion of the work

of settlement, the need of work force also diminished. Due to the nonavailability of the work, funds

and sanction, it was difficult for them (respondents) and the State to carry on with the services of

all the Chain Men. Accordingly, the State of H.P. vide letter dated 26.8.2002 accorded the

sanction/approval for the posts of 116 casual Patwaris and 50 daily waged Chain Men. In view of

the sanction, the respondent No.1 by applying the principle of ‘last come first go’ terminated the

services of the Chain Men figuring at serial No. 51 to 64 of the seniority list (annexure RV). A

notice dated 21.7.2003 (annexure RVI) was duly given to the petitioner informing him that his

services shall stand dispensed with w.e.f. 31.7.2003. The petitioner and the similarly situated

persons are not entitled to any protection under the Act or continuity in service. The Settlement

Operation is not of permanent nature. It has been owned that the petitioner had instituted the

Original Application before the Hon’ble Tribunal. The said Original Application was withdrawn by

the petitioner from the Hon’ble High Court of his own accord and free will. The instant industrial

dispute has been raised by the petitioner at a belated stage per demand notice dated 01.3.2009. The

petitioner has been retrenched from service being surplus. No provision of the Act has been flouted.

The disengagement of the petitioner is legal and valid. He is not entitled to any relief. The

petitioner is gainfully employed as an agriculturist after his termination.

In these circumstances, the respondents pray that the petition in hand be dismissed.

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4. In the rejoinder, the petitioner has reiterated the contents of the petition/statement of

claim and denied the objections put forth by the respondents. It has been stated that the work under

the respondents is of permanent nature. For the said reason the services of the persons senior to

him have already been regularized. There is/was no surplus-age as alleged. The work is still

available with the respondents/department.

5. Vide order dated 05.7.2011, below given issues were struck by my ld. Predecessor:

1. Whether the disengagement of the petitioner w.e.f. 31.7.2003 is violative of the

provisions of the Industrial Disputes Act as alleged. If so, to what relief the

petitioner is entitled to?

. . OPP.

2. Whether the reference is not maintainable as the respondent is allegedly

performing sovereign function, if so, to what effect?

. . OPR.

3. Relief.

6. I have heard the ld. counsel/AR for the parties and have gone through the case file.

7. For the reasons detailed here under, my findings on the above issues are as follows:-

Issue No.1 : Yes

Issue No.2 : No

Relief. : Reference allowed in part vide operative part of the Award.

REASONS FOR FINDINGS

Issue No. 1:

8. The petitioner Sh. Bhawani Singh stepped into the dock as PW1. In his affidavit Ex.

PW1/A submitted under Order 18 Rule 4 CPC, he reiterated on oath the contents of the

petition/statement of claim in its entirety. He also stated that he used to do manual work. The

information given by the respondents with respect to the availability of work pertaining to the

settlement is Ex. PW1/B.

In the cross-examination, he denied that at the time of his engagement, he and the other

Chain Men were informed by the respondents that the work is of temporary nature and on its

completion their services will be terminated. The persons junior to him (PW1) namely S/Sh. Durga

Dass and Mohinder are still serving the department. He denied that his services were validly

terminated after giving the notice. He denied that he raised the industrial dispute at a belated stage.

He is making both the ends meet by doing the work of agriculture.

9. Conversely, Sh. Vikas Labroo, Settlement Officer, Kangra Division at Dharamshala

(respondent No.1) appeared as RW1. In his affidavit Ex. RW1/A filed in accordance with Order 18

Rule 4 CPC, he corroborated on oath the contents of the reply filed by him. He also placed on the

record various documents viz Exhibits RW1/B to H.

In the cross-examination he admitted that the petitioner served the department regularly

w.e.f. 1982 to 01.12.2001. He also admitted that as per the record the petitioner completed 240 days

of service prior to 01.12.2001. No notice except Ex. RW1/F was given to the petitioner before

disengaging his services. No retrenchment compensation was paid to the petitioner. He (RW1)

admitted that in different areas, the Settlement Operation is still in progress. He admitted that the

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settlement is going on in the villages detailed in the list/information Ex. X1. Further, he admitted

that the services of some of the persons junior to the petitioner have already been regularized by the

department. Self stated, the juniors have been re-engaged as per the directions of the Hon’ble High

Court of H.P. He admitted that the petitioner had raised the industrial dispute before the Hon’ble

Administrative Tribunal for the first time after the year 2001. He refuted that the petitioner was

retrenched wrongly and illegally.

10. Ex. RW1/B is the man days chart relating to the petitioner.

11. Ex. RW1/C is the copy of the Office Order vide which the services of the petitioner

were engaged as daily waged Chain Man.

12. Ex. RW1/D is the copy of the Notification dated 09th February, 1995 issued by the

Department of Revenue, Government of H.P. It depicts that the Settlement Operation was ordered

to be conducted in District Kullu.

13. Ex. RW1/E is the list showing the particulars of daily waged Chain Men as on

31.3.2003 of the Settlement Office, Kangra Division Dharamshala. The name of the petitioner finds

mention in this list at serial No. 52.

14. Ex. RW1/F is the copy of the Notice dated 21st July, 2003 which was served upon the

petitioner by the respondent No.1 indicating that his services will stand terminated w.e.f. 31.7.2003

(afternoon).

15. Ex. RW1/G is the copy of the demand notice dated 01.3.2009 served by the petitioner

upon the respondents under Section 2-A of the Act.

16. Ex. RW1/H is the copy of the Order passed by the Hon’ble High Court of H.P. in Civil

Writ Petition (T) No.2941/2008.

17. Ex. X1 is the information supplied by the respondent No.1 with respect to the

continuity of Settlement Operation in different areas. It corresponds to Ex. PW1/B.

18. It is the admitted case the respondents that the services of the petitioner were engaged

as daily waged Chain Man w.e.f. 13.2.1996 and he worked as such upto 31.7.2003 (afternoon). It is

not the case of the respondents that the petitioner abandoned the job of his own. Rather, their

version is that the services of the petitioner were terminated w.e.f. 31.7.2003 (afternoon) after

serving the notice dated 21.7.2003 upon him. Copy of the said notice is Ex. RW1/F.

19. From the statement made by Sh. Vikas Labroo (RW1) coupled with the documents

Exhibits PW1/B and X1 placed on the file, it becomes clear that the Settlement Operation is still

going on in different villages of Districts Hamirpur, Kullu and Una. Therefore, it cannot be said

that the respondent had no work to continue with the services of the petitioner as he had become

surplus due to the completion of the Settlement Operation.

20. The testimony made by RW1 and the man days chart Ex. RW1/B go to show that the

petitioner had completed 240 days of continuous service in a block of 12 calendar months

preceding the date of his retrenchment i.e. 31.7.2003. It is not the version of the respondents that

the petitioner/workman was given one month’s notice in writing indicating the reasons for

retrenchment. Rather, notice dated 21.7.2003, the copy of which is Ex. RW1/F, was given to the

petitioner by the respondent No.1 indicating that his services shall stand terminated w.e.f.

31.7.2003 (afternoon) i.e. just after 10 days from the date of the issuance of the notice. Admittedly,

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no retrenchment compensation was paid to the petitioner. Therefore, it can be safely said that the

respondents have failed to comply with the mandate of Section 25-F of the Act.

21. It has come in the statement of Sh. Vikas Labroo (RW1) that the persons junior to the

petitioner have been regularized by the department. It is also there in the deposition of RW1 that

the Settlement Operation is continuing in different areas. There is not even an iota of evidence on

the record to show that an opportunity of re-employment was given to the petitioner after his

retrenchment. The principle of ‘last come first go’ has not been adhered to by the respondents.

Their action is, thus, also in derogation of Sections 25-G and 25-H of the Act.

22. So far as Section 25-N of the Act is concerned, I feel that the provisions of the said

Section are not attracted in the present case.

23. This issue has been answered accordingly.

Issue No. 2:

24. Taking into consideration the observations made by our Hon’ble High Court in Civil

Writ Petition (T) No.9554/2008 titled as Mohinder Singh vs. State of H.P. & anr. decided on

26.4.2010 as well as Civil Writ Petition (T) No.9552/2008 titled as Durga Dass vs. State of H.P.

and another decided on 29.4.2010,it can be easily said that the provisions of the Act are applicable

to the instant case. The petition is maintainable in the present form.

25. This issue is decided in favour of the petitioner and against the respondents.

Relief (Issue No. 3):

26. As a sequel to my findings on the aforesaid issues, the reference in hand is allowed in

part. The retrenchment of the petitioner is set aside and quashed. The respondents are directed to re-

engage the petitioner forthwith. He shall be entitled to continuity and seniority in service except

back wages. Parties to bear their own costs.

27. The reference is answered in the aforesaid terms.

28. A copy of this Award be sent to the appropriate Government for publication in the

official gazette.

29. File after due completion be consigned to the Record Room.

Announced in the open Court today this 23rd day of March, 2012.

By order,

RAJAN GUPTA,

Presiding Judge,

Labour Court-cum-Industrial

Tribunal, Dharamshala, H.P.

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IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-CUM-

INDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

Ref No. : 43/2010

Date of Institution : 23.4.2010

Date of Decision : 20.4.2012

Shri Inder Singh s/o Shri Jagat Ram, r/o Village Bharmour, P.O. Drubbal, Tehsil Joginder

Nagar, Distt. Mandi, H.P.

. . Petitioner.

Versus

The Executive Engineer, HPPWD Division No.-II, Kullu, Distt. Kullu, H.P.

. . Respondent.

Reference under Section 10 (1) of the Industrial Disputes Act, 1947.

For the Petitioner :

Sh. N.L. Kaundal, AR

Sh. Vijay Kaundal, Adv.

For the Respondent : Sh. Sanjeev Katoch, Dy. D.A.

AWARD

The below given reference (in accordance with the corrigendum) has been received from

the appropriate Government for adjudication:

“Whether termination of the services of Sh. Inder Singh s/o Shri Jagat Ram by The

Executive Engineer, HPPWD Division No.-II, Kullu, Distt. Kullu, H.P. w.e.f. 31.10.1999

without following the provisions of the Industrial Disputes Act, 1947 as alleged by the

workman, is proper and justified? If not, what relief of service benefits including seniority

and compensation the above workman is entitled to?”

2. The case of the petitioner (as set out in the statement of claim/demand) is that he was

appointed as a Cook by the respondent on daily wage basis in Circuit House, Manali on muster roll

in the month of July, 1998. He worked continuously as such upto 31.10.1999 without any break. At

the time of the engagement of his services, no appointment order was issued by the respondent. He

(petitioner) has already received the payment against vouchers for the entire period of his service.

On 01.11.1999 his services were unlawfully terminated by the respondent. No notice was given to

him. Neither he was charge-sheeted nor any inquiry was conducted for his alleged misconduct. One

month pay in lieu of the notice period and the retrenchment compensation were not paid to him. He

has been removed from service by the respondent in violation of the provisions of Section 25-F

of the Industrial Disputes Act, 1947 (‘the Act’ for short). He (petitioner) had completed more than

240 days of service in the last 12 calendar months preceding the date of his illegal termination i.e.

01.11.1999. While he (petitioner) was serving the respondent, S/Sh. Jai Ram and Deep Ram were

working as helpers in the Circuit House whereas S/Sh. Shesh Ram and Pune Ram were working

with him as cooks in the Circuit House. After the termination of his services, he (petitioner)

approached the Assistant Engineer, HPPWD Sub Division, Manali to re-engage his services, but in

vain. He (petitioner) has come to know from the reliable resources that the respondent/department

has retained the persons junior to him at the circle level. Even new daily waged cook has been

appointed by the respondent at the circle level. He was not given an opportunity of re-employment.

The respondent has failed to adhere to the provisions of Section 25-G and 25-H of the Act. From

the date of his illegal termination, he (petitioner) is unemployed. The act and conduct of the

respondent is highly unjustified, arbitrary and unconstitutional.

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As such, as is evident from the prayer clause of the petition/statement of claim, the

petitioner has claimed the following relief(s) in this petition:

‘(i) The Hon’ble Court kindly be set aside the illegal termination of applicant dated

01.11.1999 and directed to respondent to reinstate the services of applicant with

full back wages, seniority, in continuity of service with all consequential benefits

throughout in the interest of justice and justice be done’.

3. On notice, the respondent appeared. He filed detailed reply controverting the

averments made in the petition. Preliminary objections have been taken to the effect that the

petition is not maintainable in the present form. The petition is time barred as the matter pertains to

the year 1999. The petitioner has not come to the Court with clean hands. He has concealed the true

facts from the Court. Actually, the petitioner willfully absented from duty after 01.11.1999.

On merits, it has been owned that the services of the petitioner were engaged on daily wage

basis as cook in Circuit House, Manali in the month of July, 1998. He worked for 137 days in the

year 1998 and 215 days in the year 1999 i.e. upto 31.10.1999. After 01.11.1999 the petitioner

remained absent without any information. It is wrong to say that the petitioner worked continuously

from July, 1998 to 31.10.1999. The monthwise detail of working days of the petitioner is appended

to the reply. The petitioner was never removed from service as alleged. In fact, he left the job of his

own on 01.11.1999 without any intimation to the department. The petitioner has knocked the doors

of the Court with a malafide intention by suppressing the true facts. He never completed 240 days

of service as alleged. S/Sh. Jai Ram and Deep Ram have been regularized from the post of daily

waged beldars to the post of regular beldars after completing 8 years of continuous service with 240

days in each calendar year. Sh. Deep Ram was engaged on 01.5.1992 and regularized on

10.10.2006. Sh. Jai Ram was appointed on 01.03.1997 and regularized on 25.8.2007. Since the

petitioner left the job of his own, he is not entitled to the regularization as claimed. The petitioner

never approached him (respondent) and the Assistant Engineer, HPPWD Sub Division, Manali for

re-engagement. No person junior to the petitioner has been retained in service. The petitioner is

gainfully employed.

In these circumstances, the respondent prays that the petition in hand be dismissed.

4. In the rejoinder, the petitioner has reiterated the contents of the petition/statement of

claim and denied the objections put forth by the respondent. It has been pleaded that during the

period of his employment the respondent used to give him fictional breaks. He never abandoned the

job as alleged. New/fresh hands have been engaged by the respondent after his (petitioner’s)

disengagement.

5. Per order dated 05.04.2011, below given issues were struck by my ld. Predecessor:

1. Whether the termination of the petitioner w.e.f. 01.11.1999 is violative of the

provisions of Section 25-F and 25-G of the I.D. Act as alleged. If so, what relief

the petitioner is entitled to?

. . OPP.

2. Whether the petition is not maintainable as alleged. If so, to what effect . . OPR.

3. Whether the reference is hit by the vice of delay and laches as alleged. If so, to

what effect.

. . OPR.

4. Relief.

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6. I have heard the ld. counsel/AR for the parties and have gone through the case file.

7. For the reasons detailed here under, my findings on the above issues are as follows:-

Issue No.1 : Partly Yes Partly No

Issue No.2 : Not pressed

Issue No.3 : No

Relief. : Reference allowed in part vide operative part of the Award.

REASONS FOR FINDINGS

Issue No. 1:

8. The petitioner Shri Inder Singh stepped into the dock as PW1. He reiterated on oath the

contents of the petition/statement of claim in its entirety. He also placed on the record Ex. PW1/A

i.e. the copy of the demand notice dated 1st June, 2007 served upon the respondent by him. He

continued to state that presently he is unemployed. He makes both the ends meet by doing the work

of agriculture.

In the cross-examination, he admitted that he worked as cook in Circuit House, Manali from

July, 1998 to October, 1999 only. He denied that he did not complete 240 days of service and used

to remain absent from duty for months together. He controverted that after 1st November, 1999, he

left the job of his own to work as a cook privately and earn more. He admitted that S/ Sh. Jai Ram

and Deep Ram belong to the other category of workers i.e. beldars/helpers. He denied that he never

approached the respondent for re-employment and is not entitled to any relief.

9. Conversely Sh. Ashok Kumar Chauhan, Executive Engineer, HPPWD, Division No.2,

Kullu testified as RW1. He corroborated on oath the contents of the reply filed by him. He also

placed on the record Ex. RW1/A i.e. mandays chart relating to the petitioner. Further, he stated that

S/ Sh. Jai Ram and Deep Ram are senior to the petitioner. The petitioner is gainfully employed and

left the job voluntarily.

In the cross-examination, he admitted that the petitioner had completed more than 240 days

of service in 12 calendar months anterior to 01.11.1999. No notice was served upon the petitioner

regarding his willful absence from duty. He admitted that the demand notice Ex. PW1/A was

received from the petitioner. He denied that after the year 2000 several workmen have been

employed by the department.

10. RW2 is Shri Sanjeev Sharma, JE, HPPWD, Sub Division Manali. He stated that he has

been authorized vide letter Ex. RW2/A by the Executive Engineer to depose. He has brought the

original record. Exhibits RW2/B and C are the copies of the muster rolls which were issued from

01.10.1999 to 31.10.1999 and 01.11.1999 to 30.11.1999. The muster rolls pertain to strength of

Circuit House, Manali.

In the cross-examination, he admitted that the name of the petitioner does not find mention

in Ex. RW2/C. Self stated, the muster roll is issued on the basis of the strength of the employees.

As and when any workman comes present, his name is incorporated in the muster roll.

11. It is the admitted case of the respondent that the services of the petitioner were

engaged on daily wage basis as cook in Circuit House, Manali in the month of July, 1998 and he

worked as such upto 31.10.1999. The version of the respondent is that the services of the petitioner

were not terminated verbally as alleged. Actually, he (petitioner) left the job of his own accord and

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free volition. It is common knowledge that the abandonment has to be proved by the

respondent/employer like any other fact. Simply because a workman fails to report for duty, it

cannot be presumed that he has left/abandoned the job. Therefore, the plea of abandonment set up

by the respondent is not established.

12. From the admissions made by the respondent (RW1) coupled with the mandays chart

Ex. RW1/A placed on the record, it can be gathered that the petitioner had completed more than

240 days of continuous service in a period of 12 calendar months as envisaged under Section 25-B

of the Act preceding the date of his retrenchment i.e. 31.10.1999.

13. Section 25-F of the Act reads thus:

“25-F. Conditions precedent to retrenchment of workmen.- No workman employed

in any industry who has been in continuous service for not less than one year under an

employer shall be retrenched by that employer until-

(a) the workman has been given one month’s notice in writing indicating the reasons

for retrenchment and the period of notice has expired, or the workman has been

paid in lieu of such notice, wages for the period of the notice:

(b) the workman has been paid, at the time of retrenchment compensation which shall

be equivalent to fifteen days’ average pay for every completed year of continuous

service or any part thereof in excess of six months; and

authority as may be specified by the appropriate Government by notification in

the Official Gazette.”

14. There is nothing on the file to show that the mandate of Section 25-F was complied

with by the respondent before disengaging the services of the petitioner. Rather, it is an admitted

fact that neither any notice was given to him nor the retrenchment compensation was paid.

15. Coming to the retention in service of the other workmen namely S/Sh. Jai Ram and

Deep Ram by the respondent as well as the regularization of their services, I will like to say that

both of them are/were senior to the petitioner. There is no cogent and convincing evidence on the

record to establish that any person junior to the petitioner has been retained in service by the

respondent and new/fresh hands have been engaged by the respondent after the termination of the

services of the petitioner.

16. This issue has been answered accordingly.

Issue No.2:

17. Not pressed.

Issue No. 3 :

18. In Ajayab Singh vs. Sirhind Co-operative Marketing-cum-Processing Society Limited

and Another, (1999) 6 SCC 82, it has been observed by the Hon’ble Supreme Court that:

“The provisions of Article 137 of Limitation Act, 1963 are not applicable to the proceeding

under the ID Act. The relief under the ID Act cannot be denied merely on the ground of

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delay. The plea of delay if raised by the employer is required to be proved as a matter of

fact by showing the real prejudice and not as a merely hypothetical defence. No reference to

the Labour Court can be generally questioned on the ground of delay alone”.

19. In view of the trite laid down in this ruling, it cannot be said that the petition is hit by

the vice of delay and laches. Of course, the delay in raising the industrial dispute by a workman can

be taken into account by the Court while granting him the relief(s) claimed.

20. This issue is decided in favour of the petitioner and against the respondent.

Relief (Issue No. 4):

21. As a sequel to my findings on the aforesaid issues, the reference in hand succeeds and

the same is allowed in part. The retrenchment of the petitioner is set aside and quashed. The

respondent is directed to reinstate the petitioner forthwith. He shall be entitled to the seniority and

continuity in service from the date of his illegal termination i.e. 31.10.1999 except back wages.

Parties to bear their own costs.

22. The reference is answered in the aforesaid terms.

23. A copy of this Award be sent to the appropriate Government for publication in the

official gazette.

24. File after due completion be consigned to the Record Room.

Announced in the open Court today this 20th day of April, 2012.

RAJAN GUPTA,

Sd/-

Presiding Judge,

Labour Court-cum-Industrial

Tribunal, Dharamshala, H.P.

_________

IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-CUM-

INDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

Ref No. : 230/2010

Date of Institution : 07.08.2010

Date of Decision : 05.03.2012

Shri Mast Ram s/o Shri Sukh Ram, r/o Village Khanyod, P.O. Khurahal, Tehsil

Sundernagar, Distt. Mandi, H.P.

. . Petitioner.

Versus

The Executive Engineer, H.P.P.W.D. Division Sundernagar, District Mandi, H.P.

. . Respondent.

Reference under Section 10 (1) of the Industrial Disputes Act, 1947.

For the Petitioner : Sh. S.S. Sippy, AR

For the Respondent : Sh. Sanjeev Katoch, Dy.D.A.

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AWARD

The below given reference has been received from the appropriate Government for

adjudication:

“Whether termination of the services of Sh. Mast Ram s/o Shri Sukh Ram, by The

Executive Engineer, H.P.P.W.D. Division Sunder Nagar, Distt. Mandi H.P. from time to

time during June to August, 1997 and finally w.e.f. December, 1997 in violation of

provisions of Section 25-F of the ibid Act and not giving him opportunities of consideration

for re-employment by the employer from the dates his juniors are employed (as admitted),

in violation of provisions of Section 25-G & H of the ibid Act, 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?”

2. The case of the petitioner (as set out in the statement of claim/demand) is that he was

employed as beldar on daily wages in the year 1997 by the respondent in his Dehar/Slapper

Section. He was retrenched by the respondent by a verbal order in the month of December, 1997.

Neither he was given any show cause notice nor was informed regarding his misconduct. The

respondent gave fictional breaks to him from time to time which amounts to ‘unfair labour

practice’. The act and conduct of the respondent affected his (petitioner’s) continuity and seniority

in service. His name has not been shown in the seniority list of the employees as per the Rules. The

persons junior to him have been retained in service by the respondent. Their names duly figure in

the seniority list which he (petitioner) has procured from the respondent by taking recourse to the

provisions of Right to Information Act, 2005. From the year 1998 to 2009, the respondent has

employed almost 92 fresh hands/workmen. The services of some of them have already been

regularized. The principle of ‘last come first go’ has not been followed by the respondent. He

(petitioner) requested the respondent time and again to give the employment, but in vain. He is

unemployed till date. The action of the respondent is illegal and unconstitutional. It is also violative

of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947 (‘the Act’ for short).

As such, he (petitioner) prays that the respondent be directed to reinstate him with all

consequential benefits including the continuity in service, seniority and back wages.

3. On notice, the respondent appeared. He filed detailed reply controverting the

averments made in the statement of claim/demand. Preliminary objections have been taken to the

effect that the petition is bad on account of delay and laches on the part of the petitioner. The

petition is not maintainable as no legal or fundamental right of the petitioner has been infringed by

him (respondent).

On merits, it has been owned that the petitioner was engaged as daily waged workman vide

muster roll No.595 in the month of March, 1997. He worked only for four months i.e. the months

of March, April, October and November in the year 1997. The man days chart of the petitioner is

appended as annexure R-1 to the reply. In the year 1996-1997, due to the special budgetary

provisions for development and construction work, need was felt to engage temporary/casual daily

paid workmen to meet the target of works and utilization of the funds. Accordingly, he

(respondent) engaged the casual/daily waged workers including the petitioner. At the time of

engagement of the petitioner and other workers, they were informed that the engagement will

continue as per the allocation of the budget. Their services shall be co-terminus with the utilization

of the funds. In view of the nature of work and funds, the services of the petitioner were disengaged

in the month of November, 1997. The work was provided to the petitioner as per its availability and

funds. No fictional breaks were ever given to the petitioner as alleged. Since the petitioner was

employed as a casual/daily waged workman, his name was not required to be shown in the seniority

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list of the daily paid workmen working under him (respondent). The seniority list produced by the

petitioner pertains to the workmen who were engaged against regular work and had worked

continuously with him (respondent). The seniority list is attached as annexure R-II to the reply. Out

of 92 workmen, the services of some of the workmen were re-engaged as per the direction of the

Hon’ble H.P. State Administrative Tribunal. Some of the persons were appointed on compassionate

grounds. No provision of the Act has been infringed. The principle of ‘last come first go’ has been

strictly adhered to. He (respondent) was never approached by the petitioner for reemployment. The

industrial dispute has been raised by the petitioner at a belated stage i.e. in the year 2008. The copy

of the demand notice received from the petitioner is appended as annexure R-III to the reply. The

work is being executed through regular beldars or the workmen who were engaged against regular

work. The petitioner is gainfully employed as an agriculturist and earns his livelihood. The petition

is devoid of any merit.

In these circumstances, the respondent prays that the petition in hand be dismissed with

costs.

4. In the rejoinder, the petitioner has reiterated the contents of the petition and refuted the

objections put forth by the respondent. It has been disputed that he was engaged by the respondent

only due to the special budgetary provision for development and construction work.

5. Per order dated 20.04.2011, below given issues were struck by my ld. Predecessor:

1. Whether the act of the respondent in granting fictional breaks and thereupon

eventually terminating his service in December, 1997 is violative of the

provisions of Sections 25-F, 25-G & 25-H of the Industrial Disputes Act as

alleged. If so, to what relief the petitioner is entitled to?

. . OPP.

2. Whether the reference is not maintainable as alleged. If so, to what effect?

. . OPR.

3. Whether the petition is hit by the vice of delay and laches as alleged. If so, to

what effect?

. . OPR.

4. Relief.

6. I have heard the ld. counsel/AR for the parties and have gone through the case file.

7. For the reasons detailed here under, my findings on the above issues are as follows:-

Issue No.1 : Partly Yes Partly No

Issue No.2 : Not Pressed

Issue No.3 : No

Relief. : Reference allowed in part vide operative part of the Award.

REASONS FOR FINDINGS

Issue No. 1:

8. The petitioner Shri Mast Ram stepped into the dock as PW1. In his affidavit Ex.

PW1/A filed under Order 18 Rule 4 CPC, he reiterated on oath the contents of the statement of

claim in its entirety. He also placed on the record the man days chart Ex. PW1/B and the seniority

list Ex. PW1/C.

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In the cross-examination, he admitted that he worked only for four months in the year 1997

and did not complete 240 days of continuous service. He also admitted that the instant industrial

dispute was raised by him in the year 2008. Further, he admitted that he owns the land. He denied

that he and his family members make both the ends meet by doing the agricultural work. He refuted

that he has instituted a phoney petition to get the employment.

9. To the contrary, Sh. Suresh Kapoor, Executive Engineer, H.P.P.W.D. Division

Sundernagar testified as RW1. In his affidavit Ex. RW1/A filed as per Order 18 Rule 4 CPC, he

corroborated on oath the contents of the reply. He also placed on the record the man days chart Ex.

RW1/B and the seniority list Ex. RW1/C.

In the cross-examination he admitted that the seniority lists have been issued by their

office. He also admitted that the persons junior to the petitioner are still serving the department and

their names figure in the seniority list. No opportunity of re-employment was given to the petitioner

before engaging the fresh hands. He admitted that no retrenchment compensation was paid to the

petitioner.

10. From the man days chart Ex. PW1/B and RW1/B, it becomes clear that the petitioner

had not completed 240 days of service in 12 calendar months preceding his date/month of

retrenchment i.e. December, 1997. Therefore it cannot be said that he was in ‘continuous service

for not less than one year’ under the employer and the provisions of Section 25-F of the Act will

not augur for the benefit of the petitioner.

11. It is the admitted case of the respondent (RW1) that he has employed the new/fresh

hands and no opportunity of re-employment was given to the petitioner. It is also an admitted fact

that the persons junior to the petitioner are serving the respondent/department. Such being the

situation, it can be safely said that the principle of ‘last come first go’ has not been followed by the

respondent. The mandate of Sections 25-G and 25-H has not been complied with by the respondent.

12. This issue has been answered accordingly.

Issue No. 2:

13. Not pressed.

Issue No. 3:

14. In Ajayab Singh vs. Sirhind Co-operative Marketing-cum-Processing Society Limited

and Another, (1999) 6 SCC 82, it has been observed by the Hon’ble Supreme Court that:

“The provisions of Article 137 of Limitation Act, 1963 are not applicable to the proceeding

under the ID Act. The relief under the ID Act cannot be denied merely on the ground of

delay. The plea of delay if raised by the employer is required to be proved as a matter of

fact by showing the real prejudice and not as a merely hypothetical defence. No reference to

the Labour Court can be generally questioned on the ground of delay alone”.

15. In view of the trite laid down in this ruling, it cannot be said that the petition is hit by

the vice of delay and laches. Of course, the delay in raising the industrial dispute by a workman can

be taken into account by the Court while granting him the relief(s) claimed.

16. This issue is decided in favour of the petitioner and against the respondent.

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Relief (Issue No. 4):

17. Taking into consideration my findings on the aforesaid issues, the instant reference is

allowed in part. The respondent is directed to reengage the petitioner forthwith. He shall be entitled

to seniority and continuity from the date his juniors have been offered appointment by the

respondent except back wages. Parties to bear their own costs.

18. The reference is answered in the aforesaid terms.

19. A copy of this Award be sent to the appropriate Government for publication in the

official gazette.

20. File after due completion be consigned to the Record Room.

Announced in the open Court today this 5th day of March, 2012.

By order,

RAJAN GUPTA,

Presiding Judge,

Labour Court-cum-Industrial

Tribunal, Dharamshala, H.P.

_______

IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-CUM-

INDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

Ref No. : 242/2010

Date of Institution : 31.08.2010

Date of Decision : 05.03.2012

Shri Pawan Kumar s/o Shri Gurdawaru Ram, r/o Village Khanyod, P.O. Khurahal, Tehsil

Sunder Nagar, Distt. Mandi, H.P.

.. Petitioner.

Versus

The Executive Engineer, H.P.P.W.D. Division Sundernagar, District Mandi, H.P.

. . Respondent.

Reference under Section 10 (1) of the Industrial Disputes Act, 1947.

For the Petitioner : Sh. S.S. Sippy, AR

For the Respondent : Sh. Sanjeev Katoch, Dy.D.A.

AWARD

The below given reference has been received from the appropriate Government for

adjudication:

“Whether termination of the services of Sh. Pawan Kumar s/o Sh. Gurdawaru Ram by The

Executive Engineer, H.P.P.W.D. Division Sunder Nagar, Distt. Mandi H.P. w.e.f.

December, 1997, in violation of provisions of Section 25-F of the ibid Act and not giving

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him opportunities of consideration for re-employment by the employer from the dates his

juniors are employed (as admitted), in violation of provisions of Section 25-G & H of the

ibid Act, 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?”

2. The case of the petitioner (as set out in the statement of claim/demand) is that he was

employed as beldar on daily wages in the year 1996 by the respondent in his Dehar/Slapper