jkti=] fgekpy izns'k

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

f”keyk] cq/kokj] 1 tuojh] 2014@11 ikS"k] 1935

fgekpy izns'k ljdkj

yksd fuekZ.k foHkkx

“kqf) i=

f”keyk&2] 31 fnlEcj] 2013

la0ih0ch0MCY;w0¼ch0½,Q¼5½128@2007-&&bl foHkkx }kjk Hkw&vtZu vf/kfu;e] 1894 dh /kkjk 4 ds

vUrxZr tkjh lela[;d vf/klwpuk fnukad 25&11&2013 ds vUrxZr xkao jVksyh] rglhy ljdk?kkV]

ftyk e.Mh] fgekpy izns”k esa Åuk&cM+lj&tkgq&dy[kj&usjpkSd lM+d ds fuekZ.k gsrq vftZr dh tk jgh

gS Hkwfe esa Þ[kljk ua0 182@2 rknknh jdck 0&00&29 gSDV;j ds LFkku ij [kljk ua0 181@2 jdck

0&00&29 gSDV;jß i<+k tk,A

vkns'k }kjk]

gLrk{kfjr@&

iz/kku lfpo ¼yksd fuekZ.k½A

212&jkti=@2014&1&1&2014 ¼5453½

5454

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

x`g foHkkx

vf/klwpuk

f'keyk&2] 27 fnlEcj] 2013

la[;k% gkse ch¼ch½ 3&4@95¼vfXu½-&&fgekpy izns'k dh jkT;iky] Hkkjr ds lafo/kku ds vuqPNsn

309 ds ijUrqd }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] fgekpy izns'k] yksd lsok vk;ksx ds ijke'kZ ls]

fgekpy izns'k vfXu'keu lsok,a foHkkx esa] mi vfXu'keu vf/kdkjh] oxZ&III ¼vjktif=r½ vfyfidoxhZ;

lsok,a] ds in ds fy, bl vf/klwpuk ls layXu mikcU/k&^d* ds vuqlkj HkrhZ vkSj izksUUkfr fu;e cukrh gSa]

vFkkZr~ %&&

laf{kIr uke vkSj izkjEHk-&&¼1½ bu fu;eksa dk laf{kIr uke fgekpy izns'k vfXu'keu lsok,a

foHkkx] mi vfXu'keu vf/kdkjh] oxZ&III ¼vjktif=r½ vfyfidoxhZ; lsok,a HkrhZ vkSj izksUufr fu;e] 2013

gSA

¼2½

;s fu;e] jkti=] fgekpy izns'k esa izdkf'kr fd, tkus dh rkjh[k ls izo`Ÿk gksaxsA

fujlu vkSj O;ko`fÙk;ka-&&¼1½ vf/klwpuk la[;k% gkse ch¼ch½ 3&4@95 rkjh[k 20&9&2002

}kjk vf/klwfpr vkSj le;≤ ij ;Fkkla'kksf/kr fgekpy izns'k vfXu'keu lsok,a foHkkx] mi vfXu'keu

vf/kdkjh oxZ&III] ¼vjktif=r½ HkrhZ ,oe~ izksUufr fu;e] 2002 dk ,rn~}kjk fujlu fd;k tkrk gSA

¼2½

,sls fujlu ds gksrs gq, Hkh] mi;qZDr mi fu;e 2¼1½ds v/khu bl izdkj fujflr lqlaxr

fu;eksa ds v/khu dh xbZ dksbZ fu;qfDr] ckr ;k dk;Zokgh bu fu;eksa ds v/khu fof/kekU; :i esa dh xbZ]

le>h tk,xhA

vkns'k }kjk]

gLrk{kfjr@&

vfrfjDr eq[; lfpo ¼x`g½A

&&&&&&&

mikcU/k&^d*

fgekpy izns'k vfXu'keu lsok,a foHkkx izns'k esa mi vfXu'keu vf/kdkjh] ¼oxZ-III vjktif=r½ in ds fy,

HkrhZ vkSj izksUufr fu;e] 2013

Ikn dk uke-&&mi vfXu'keu vf/kdkjh

Iknksa dh la[;k-&&32 ¼cÙkhl½

oxhZdj.k-&&oxZ-III ¼vjktif=r½ ¼vfyfidoxhZ;½

osrueku-&&¼i½ fu;fer in/kkfj;ksa ds fy, osrueku%

is cSaM % 10300&34800 #i,$3600 #i, xzsM is

¼ii½ lafonk ij fu;qDr deZpkfj;ksa ds fy, miyfC/k;ka %

` 13]900@& LraHk la[;k 15&d esa fn, x, C;kSjs ds vuqlkjA

5455

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

Pk;u in vFkok vp;u in-&&vp;u inA

Lkh/kh HkrhZ ds fy, vk;q-&&18 ls 45 o"kZ %

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

fu;qDr fd;s x, O;fDr;ksa lfgr igys ls gh ljdkj dh lsok esa jr vH;fFkZ;ksa dks ykxw ugha gksxh %

IkjUrq ;g vkSj fd ;fn rnFkZ ;k lafonk ds 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 esa NwV ds fy, ik= ugha gksxk %

IkjUrq ;g vkSj fd vuqlwfpr tkfr;ksa@vuqlwfpr tutkfr;ksa rFkk vU; oxksZa 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 %

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

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

fudk;ksa esa vkesyu ls iwoZ ljdkjh deZpkjh Fks] lh/kh HkrhZ esa vk;q lhek esa ,slh gh fj;k;r nh tk,xh]

tSlh ljdkj deZpkfj;ksa dks vuqKs; gS] fdUrq bl izdkj dh fj;k;r ifCyd lSDVj fuxeksa rFkk Lok;Ÿk

fudk;ksa ds ,sls deZpkfjo`Un dks ugha nh tk,xh] tks Ik'pkr~orhZ ,sls fuxeksa@Lok;Ÿk fudk;ksa }kjk fu;qDr

fd, x, Fks@fd, x, gSa vkSj mu ifCyd lSDVj fuxeksa@Lok;Ÿk fudk;ksa ds izkjfEHkd xBu ds Ik'pkr~ ,sls

fuxeksa@Lok;Ÿk fudk;ksa dh lsok esa vfUre :Ik ls vkesfyr fd, x, gSa@fd, x, Fks %

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

in ¼inksa½ dks vkefU=r djus ds fy,] ;FkkfLFkfr] foKkfir fd;k x;k gS ;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

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

&&¼d½ vfuok;Z vgZrk,a % ¼1½ fdlh ekU;rk izkIr cksMZ@fo'ofo|ky; ls 10$2 dh ijh{kk ;k blds

lerqY; mÙkh.kZ dh gksuh pkfg, ;k lsuk fo'ks"k izek.k&i= vkSj jk"Vªh; vfXu'keu lsok,a egkfo|ky;

ukxiqj ls lc&vfXu'keu vf/kdkjh dk dkslZ mÙkh.kZ fd;k gksA

vFkok

Qk;j baftfu;lZ laLFkku ¼Hkkjr½] ubZ fnYyh ls Lukrd dh fMxzhA

U;wure 'kkjhfjd ekin.M %&

2- U;wure 'kkjhfjd ekun.M %&

ÅapkbZ& 165 lsaVhehVj

Nkrh& 80 lsaVhehVj fcuk Qqyk, vkSj 85 lsaVhehVj Qqykdj

otu& 52 fdyksxzke

n`f"V& 6@6 fcuk p'esa dsA

3- 'kkjhfjd {kerk %&

¼d½

100 ehVj dh nkSM+ 15 lSfd.M esaA

¼[k½

Åaph dwn 120 lasVhehVj

¼x½

yEch dwn 3 ehVj] 60 lsaVhehVjA

¼?k½

800 ehVj nkSM+ 3 feuV esaA

5456

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

¼[k½ okaNuh; vgZrk % 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

Lkh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, fofgr vk;q vkSj 'kSf{kd vgZrk,a izksUur

O;fDr;ksa dh n'kk esa ykxw gkasxh ;k ugha-&&vk;q % ykxw ughaA

'kSf{kd vgZrk % gka] tSlk LrEHk la[;k 11 esa fofgr fd;k x;k gSA

Ikfjoh{kk dh vof/k] ;fn dksbZ gks-&&nks o"kZ] ftldk ,d o"kZ ls vuf/kd ,slh vkSj vof/k

ds fy,] foLrkj fd;k tk ldsxk] tSlk l{ke izkf/kdkjh fo'ks"k ifjfLFkfr;ksa esa vkSj fyf[kr dkj.kksa ls

vkns'k nsA

10-

HkrhZ dh Ik)fr % HkrhZ lh/kh gksxh ;k izksUufr] izfrfu;qfDr LFkkukUrj.k }kjk vkSj fofHkUu

Ik)fr;ksa }kjk Hkjs tkus okys inksa dh izfr'krrk-&&(i) iPprj izfr'kr izksUufr }kjk

(ii) iPphl izfr’kr lh/kh HkrhZ }kjk ;FkkfLFkfr fu;fer vk/kkj ij ;k lafaonk ds vk/kkj ij HkrhZ

}kjk A lafonk ij fu;qDr deZpkjh LrEHk 15&d esa nh xbZ miyfC/k;ka izkIr djasxs vkSj mDr LrEHk esa ;Fkk

fofufnZ"V lsok 'krksZa }kjk fofu;fer gksaxsA

11-

izksfUur] izfrfu;qfDr] LFkkukUrj.k dh n'kk esa Jsf.k;ka xzsM] ftuls izksUufr] izfrfu;qfDr]

LFkkukUrj.k fd;k tk,xk-&&vxzlj iz'kkedksa esa ls izksUufr }kjk ftudk rhu o"kZ dk fu;fer lsok ;k xzsM

esa dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] rhu o"kZ dk fu;fer lsokdky gks] vkSj jk"Vªh; vfXu'keu

egkfo|ky;] ukxiqj ls mi vfXu'keu vf/kdkjh ikB;Øe dkslZ mÙkh.kZ fd;k gksA

ijUrq izksUufr ds iz;kstu ds fy, izR;sd deZpkjh dks] tutkrh;@nqxZe {ks=ksa esa in ¼inksa½ dh ,sls

{ks=ksa esa i;kZIr la[;k dh miyC/krk ds v/;/khu] de ls de ,d dk;Zdky rd lsok djuh gksxh %

ijUrq ;g vkSj fd mi;qZDr ijUrqd ¼1½ mu deZpkfj;ksa ds ekeys esa ykxw ugha gksxk ftudh

vf/kof"kZrk ds fy, ikap o"kZ ;k mlls de dh lsok 'ks"k jgh gks %

ijUrq ;g vkSj Hkh fd mu vf/kdkfj;ksa@deZpkfj;ksa dks] ftUgksaus tutkrh;@nqxZe {ks= esa de ls

de ,d dk;Zdky rd lsok ugha dh gS] ,sls {ks= esa mlds vius laoxZ ¼dkMj½ esa loZFkk ofj"Brk ds

vuqlkj LFkkukUrfjr fd;k tk,xkA

Li"Vhdj.k&I-&&mi;qZDr ijUrqd ds iz;kstu ds fy, tutkrh;@nqxZe {ks=ksa esa ^^dk;Zdky** ls

lk/kkj.kr;% rhu o"kZ dh vof/k ;k iz'kklfud vis{kkvksa vksj deZpkjh }kjk fd, x, dk;Z dks /;ku esa j[krs

gq, ,sls {ks=ksa esa rSukrh dh blls de vof/k vfHkizsr gksxhA

Li"Vhdj.k&II-&&mi;qZDr ijUrqd ds iz;kstu ds fy, tu tkrh;@nqxZe {ks= fuEu izdkj ls

gksaxs%&

ftyk ykgkSy fLifrA

pEck ftyk dk ikaxh vkSj HkjekSj mie.MyA

jksgMw mie.My dk MksMjk Dokj {ks=A

ftyk f'keyk dh jkeiqj rglhy dk iUnzg chl ijx.kk] equh"k] njdkyh vksj xzke iapk;r

dk'kkikVA

dqYyw ftyk dk iUnzg chl ijxukA

dkaxM+k ftyk ds cStukFk mie.My dk cM+k Hkaxky {ks=A

ftyk fdUukSjA

5457

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

fljekSj ftyk esa mi rglhy dejm ds dkBokM+ vkSj dksjxk iVokj o`Rr] js.kqdkth

rglhy ds HkykM&HkykSuk vkSj lkaxuk iVokj o`Rr vkSj f'kykbZ rglhy dk dksVk ikc

iVokj o`RrA

e.Mh ftyk esa djlksx rglhy dk [kuksy cxM+k iVokj o`Rr] ckyh pkSdh mi rglhy ds

x<+k ?kqlkbZ] eB;kuh] ?kugkj] Fkkph] cXxh lksexkM+ vkSj [kksykuky] i)j rglhy ds

>kjokM+] dqVx<+ xzkeu] nsox<+] VªSyk jksik] dFkksx flYg&HkM+okuh] gLriqj] ?kejsM+ vkSj

HkVs<+ iVokj o`Rr] Fkqukx rglhy ds fp;quh] dkyhikj] ekux<+] Fkkp cxM+k] mRrjh ex:

vkSj nf{k.kh ex: iVokj o`Rr vkSj lqUnj uxj rglhy dk cVokM+k iVokj o`RrA

¼1½

izksUufr ds lHkh ekeyksa esa in ij fu;fer fu;qfDr ls iwoZ lEHkjd ¼iks"kd½ in esa dh xbZ

yxkrkj rnFkZ lsok] ;fn dksbZ gks] izksUufr ds fy, bu fu;eksa esa ;Fkk fofgr lsokdky ds fy,] bl 'krZ ds

v/khu jgrs gq, x.kuk esa yh tk,xh] fd leHkjd izoxZ esa rnFkZ fu;qfDr@izksUufr] HkrhZ vkSj izksfUur fu;eksa

ds micU/kksa ds vuqlkj p;u dh mfpr Lohdk;Z izfØ;k dks viukus ds i'pkr~ dh xbZ Fkh %

ijUrq mu lHkh ekeyksa esa] ftuesa dksbZ dfu"B O;fDr lEHkjd in esa vius dqy lsokdky ¼rnFkZ

vk/kkj ij dh xbZ lsok lfgr] tks fu;fer lsok@fu;qfDr ds vuqlj.k esa gksa½ ds vk/kkj ij mi;qZDr

fufnZ"V micU/kksa ds dkj.k fopkj fd, tkus dk ik= gks tkrk gS] ogka vius&vius izoxZ@in@dkMj esa

mlls ofj"B lHkh O;fDr fopkj fd, tkus ds ik= le>s tk,axs vkSj fopkj djrs le; dfu"B O;fDr ls

Åij j[ks tk,axs %

ijUrq ;g vkSj fd mu lHkh in/kkfj;ksa dh] ftu ij izksUufr ds fy, fopkj fd;k tkuk gS] de ls

de rhu o"kZ dh U;wure vgrkZ lsok ;k in ds HkrhZ vkSj izksUufr fu;eksa esa fofgr lsok tks Hkh de gks]

gksxh %

ijUrq ;g vkSj Hkh fd tgka dksbZ O;fDr iwoZxkeh ijUrqd dh vis{kkvksa ds dkj.k izksUufr fd, tkus

lEcU/kh fopkj ds fy, vik= gks tkrk gS] ogka mlls dfu"B O;fDr Hkh ,slh izksUufr ds fopkj ds fy,

vik= le>k tk;sxk@le>s tk,axsA

Li"Vhdj.k-&&¼1½ vfUre ijUrqd ds vUrXkZr dfu"V in/kkjh izksUufr ds fy, vik= ugha le>k

tk;sxk ;fn ofj"B vik= O;fDr HkwriwoZ lSfud gS] ftls fMeksfcykbTM vkeZM QksflZl ijlksuy ¼fjtosZ'ku

vkQ osdSUlht bu fgekpy LVsV uku&VSfDudy lfoZlht½ :Yt] 1972 ds fu;e 3 ds mica/kksa ds vUrxZr

HkrhZ fd;k x;k gS vkSj buds vUrxZr ojh;rk ykHk fn, x, gkas ;k ftls ,Dl&lfoZl eSu ¼fjtosZ'ku vkQ

osdSUlht bu nh fgekpy izns'k VSfDudy lfoZlht½ :Yt] 1985 ds fu;e 3 ds micU/kksa ds vUrxZr HkrhZ

fd;k x;k gks vkSj buds vUrxZr ojh;rk ykHk fn;s x, gksaA

¼2½

blh izdkj LFkk;hdj.k ds lHkh ekeyksa esa ,sls in ij fu;fer fu;qfDr ls iwoZ dh lEHkjd

in ij dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] lsokdky ds fy, x.kuk esa yh tk,xh] ;fn rnFkZ

fu;qfDr@izksUufr] mfpr p;u ds i'pkr~ vkSj HkrhZ vkSj izksUufr fu;eksa ds micU/kksa ds vuqlkj dh xbZ Fkh %

ijUrq dh xbZ mi;qZDr fufnZ"V rnFkZ lsok dks x.kuk esa ysus ds i'pkr~ tks LFkk;hdj.k gksxk] mlds

QyLo:i ikjLifjd ojh;rk vifjofrZr jgsxh A

12-

;fn foHkkxh; izksUufr lfefr fo|eku gks rks mldh lajpuk-&&tSlh ljdkj }kjk

le;≤ ij xfBr dh tk,A

13-

HkrhZ djus esa ftu ifjfLFkfr;ksa esa fgekpy izns'k yksd lsok vk;ksx ls ijke'kZ fd;k

tk,xk-&&tSlk fof/k }kjk visf{kr gksA

14-

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

Hkkjr dk ukxfjd gksuk vfuok;Z gSA

5458

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

15-

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

ds fy, p;u fyf[kr ijh{kk vkSj ekSf[kd ijh{kk tSlkfd] ;FkkfLFkfr fgekpy izns'k yksd lsok vk;ksx ;k

vU; HkrhZ izkf/kdj.k }kjk lapkfyr dh tk,] ftldk Lrj@ikB;Øe bR;kfn] ;FkkfLFkfr] vk;ksx@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, fucU/kuksa vkSj 'krksZa ds v/;/khu dh tk,axh%&

(I)

ladYiuk-&&¼d½ bl ikfylh ds v/khu vfXu'keu foHkkx] fgekpy izns'k esa mi vfXu'keu

vf/kdkjh dks lafonk ds vk/kkj ij] izkjEHk esa ,d o"kZ ds fy, yxk;k tk,xk] ftls o"kkZuqo"kZ vk/kkj ij

c<+k;k tk ldsxk%

ijUrq lafonk 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] o"kZ ds nkSjku larks"ktud jgk

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

¼[k½ in dk fgekpy izns'k fgekpy izns'k v/khuLFk p;u cksMZ] gehjiqj ds dk;Z{ks= esa

vkuk-&funs'kd] vfXu'keu fgekpy izns'k] fjDr inksa dks lafonk ds vk/kkj ij Hkjus ds fy, ljdkj dk

vuqeksnu izkIr djus ds i'pkr] v/;is{kk dks lEc) HkrhZ vfHkdj.k vFkZkr~ 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 'krksaZ ds vuqlkj fd;k tk,xkA

(II)

lafonkRed miyfC/k;ka-&&lafonk ds vk/kkj ij fu;qDr mi vfXu'keu vf/kdkjh dks

13900@& #i, dh lesfdr fu;r lafonkRed jde ¼tks is cSaM dk U;wure tek xzsM is ds cjkcj gksxh½

izfrekl lanRr dh tk,xh A ;fn lafonk esa ,d o"kZ ls vf/kd dhs c<+kSrjh dh tkrh gS] rks i'pkr~orhZ o"kZ

¼o"kks±½ ds fy, lafonkRed miyfO/k;ksa esa 420@& #i, dh jde ¼in ds is cSaM dk U;wure tek xzsM is dk

rhu izfr'kr½ okf"kZd o`f) ds :Ik esa vuqKkr dh tk,xhA

(III) fu;qfDr@vuq'kklu izkf/kdkjh-&&funs'kd] vfXu'keu lsok,a fgekpy izns'k fu;qfDr vkSj

vuq'kklu izkf/kdkjh gksxkA

(IV) 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 ;k ;fn vko';d ;k lehphu le>kk tk,] rks fyf[kr ijh{kk ;k O;kogkfjd

ijh{kk ds vk/kkj ij fd;k tk,xk] ftldk Lrj@ikB~;Øe bR;kfn lEc) HkrhZ vfHkdj.k] vFkkZr~ fgekpy

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

(V)

lafonkRed fu;qfDr;ksas ds fy, p;u lfefr-&&tSlh lEc) HkrhZ izkf/kdj.k] vFkkZr~ fgekpy

izns'k vf/kuLFk p;u cksMZ gehjiqj }kjk le;≤ ij xfBr dh tk,A

(VI)

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

gLrk{kfjr djuk gksxkA

(VII) fucU/ku vkSj 'krs±-&&¼d½ lafonk ij fu;qDr O;fDr dks 13900@& #i, dh fu;r

lafonkRed jde ¼tks is cSaM dk U;wure tek xzsM is ds cjkcj gksxh½ izfrekl lanRr dh tk,xhA lafonk

ij fu;qDr O;fDr vkxs c<+k, x, o"kks± ds fy, lafonkRed jde esa 420@& #i, ¼in ds is&cSaM dk

U;wure tek xzsM is dk rhu izfr'kr½ dh o`f) dk gdnkj gksxk vkSj vU; dksbZ lgc) izlqfo/kk,a] tSls

ofj"B@p;u osrueku vkfn ugha fn;k tk,xkA

5459

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

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

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

gksxhA

¼x½

lafonk ij fu;qDr O;fDr ,d ekl dh lsok iwjh djus ds Ik'pkr~] ,d fnu ds vkdfLed

vodk'k dk gdnkj gksxk A rFkkfi] lafonk ij fu;qDr deZpkjh ckjg lIrkg dk izlwfr vodk'k rFkk nl

fnu ds fpfdRlk vodk'k dk gdnkj Hkh gksxk@gksxhA og fdlh Hkh izdkj ds vU; fpfdRlk izfriwfrZ vkSj

¼,y-Vh-lh-½ bR;kfn ds fy, Hkh gdnkj ugha gksxk@gksxhA lafonk ij fu;qDr O;fDr dks mijksDr ds flok;

fdlh Hkh izdkj dk vU; dksbZ vodk'k vuqKkr ugha gksxk %

ijUrq vuqiHkqDr vkdfLed vodk'k vkSj fpfdRlk vodk'k ,d dyS.Mj o"kZ rd lafpr fd;k tk

ldsxk vkSj mls vkxkeh dyS.Mj o"kZ ds fy, vxzuhr ugha fd;k tk,xkA

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

dk Ik;Zolku ¼lekIku½ gks tk,xkA lafonk ij fu;qDr O;fDr dRrZO; ¼M;wfV½ ls vuqifLFkfr dh vof/k ds

fy, lafonkRed jde dk gdnkj ugha gksxkA

¼³½ lafonk ij fu;qDr deZpkjh] ftlus rSukrh ds ,d LFkku ij rhu o"kZ dk dk;Zdky iw.kZ dj

fy;k gS] 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@jftLVªhd`r fpfdRlk O;olk;h ls viuk vkjksX; izek.k&i=

izLrqr djuk gksxkA ckjg lIrkg ls vf/kd dh xHkZorh efgyk vH;FkhZ izlo gksus rd] vLFkk;h rkSj ij

vuqi;qDr cuh jgsxhA 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 tk,xkA

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

gks] rks og mlh nj ij] tSlh fu;fer izfrLFkkuh 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] tSls ,Q-vkj-,l-vkj-

NqV~Vh 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;ksa dh n'kk esa ykxw ugha gksaxsA os bl LrEHk esa ;Fkkof.kZr miyfC/k;ksa vkfn ds fy, gdnkj gkasxsA

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, lsokvksa esa vkj{k.k

dh ckcr tkjh fd, x;s vkns'kksa ds v/khu gksxhA

17-

foHkkxh; ijh{kk-&&ykxw ughaA

18-

f'kfFky djus dh 'kfDr-&&Tkgka jkT; ljdkj dh ;g jk; gks fd ,slk djuk vko';d ;k

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

ijke'kZ ls] vkns'k }kjk] bu fu;eksa ds fdUgha micU/kksa dks fdlh oxZ ;k O;fDr ¼O;fDr;ksa½ ds izoxZ ;k in

¼inksa½ dh ckcr] f'kfFky dj ldsxhA

5460

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

mikca/k&[k

mi vfXu'keu vf/kdkjh o funs'kd] vfXu'keu lsok,a fgekpy izns'k ds ek/;e ls fu"ikfnr dh tkus okyh

lafonk@djkj dk iz:Ik

djkj

Jh@Jherh&&&&&&&&&&&&&&iq=@iq=h

Jh&&&&&&&&&&&&&&&&&

fuoklh&&&&&&&&&&&&&&&&&&&&&lafonk ij fu;qDr O;fDr ¼ftls blesa blds Ik'pkr~ izFke

i{kdkj dgk x;k gS½ vkSj fgekpy izns'k dh jkT;iky] ds e/; funs'kd] vfXu'keu lsok,a foHkkx fgekpy

izns'k ¼ftls blesa blds i'pkr f}rh; i{kdkj dgk x;k gS½ ds ek/;e ls vkt rkjh[k &&&&&&&&&&&

dks fd;k x;kA

ßf}rh; i{kdkjÞ us mijksDr ^izFke i{kdkj* dks yxk;k gS vkSj izFke i{kdkj us mi vfXu'keu

vf/kdkjh ds :Ik es lafonk ds vk/kkj ij fuEufyf[kr fucU/ku vkSj 'krksZa ij lsok djus ds fy, lgefr nh

gS %&&

;g fd izFke i{kdkj mi vfXu'keu vf/kdkjh ds :i esas &&&&&&&&&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 jgsxkA ;g fofufnZ"V :Ik ls mfYyf[kr fd;k x;k gS vkSj nksuksa

i{kdkjksa }kjk djkj ik;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;aeso gh Ik;Zoflr ¼lekIr½ gks tk,xh

vkSj lwpuk uksfVl vko';d ugha gksxk %

ijUrq lafonk vof/k esa [email protected] ds fy, foHkkxk/;{k] ;g izek.k i=

tkjh djsxk fd lafonk ij fu;qDr O;fDr dh lsok rFkk vkpj.k] o"kZ ds nkSjku larks"ktud

jgk gS vkSj dsoy rHkh mldh lafonk dh vof/k dks uohd`r@foLrkfjr fd;k tk,xkA

izFke i{kdkj dh lafonkRed jde &&&& #Ik, izfrekl gksxhA

izFke i{kdkj dh lsok iw.kZr;k vLFkk;h vk/kkj ij gksxh A ;fn lafonk ij fu;qDr O;fDr

dk dk;[email protected] 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 lafonk ij yxk;k x;k gS]

rks fu;qfDr Ik;Zoflr ¼lekIr½ dh tkus ds fy, nk;h gksxhA

lafonk ij fu;qDr mi vfXu'keu vf/kdkjh ,d ekl dh lsok iwjh djus ds Ik'pkr~ ,d

fnu ds vkdfLed vodk'k dk gdnkj gksxk A rFkkfi] lafonk ij fu;qDr deZpkjh ckjg

lIrkg ds izlwfr vodk'k rFkk nl fnu ds fpfdRlk vodk'k dk Hkh gdnkj gksxk@gksxhA

og fpfdRlk izfriwfrZ vkSj ,y0Vh0lh0 bR;kfn ds fy, Hkh gdnkj ugha gksxk@gksxh A

lafonk ij fu;qDr mi vfXu'keu vf/kdkjh dks mijksDr ds flok, fdlh Hkh izdkj dk

vU; dksbZ vodk'k vuqKkr ugha gksxk %

ijUrq vuqiHkqDr vkdfLed vodk'k vkSj fpfdRlk vodk'k dks ,d dyS.Mj o"kZ

rd lafpr fd;k tk ldsxk vkSj mls vkxkeh dyS.Mj o"kZ ds fy, vxzuhr ugha fd;k

tk,xkA

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

dk i;Zolku ¼lekiu½ gks tk,xk A lafonk ij fu;qDr mi vfXu'keu vf/kdkjh drZO;

¼M~;wfV½ ls vuqifLFkfr dh vof/k ds fy, lafonkRed jde dk gdnkj ugha gksxk A

5461

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

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

fy;k gS] vko';drk ds vk/kkj ij LFkkukUrj.k gsrq ik= gksxk] tgka Hkh iz'kklfud vk/kkj

ij ,slk djuk visf{kr gks A

p;fur vH;FkhZ dks ljdkjh@jftLVªhd`r fpfdRlk O;olk;h ls viuk vkjksX; izek.k&i=

izLrqr djuk gksxk A efgyk vH;kfFkZ;ksa dh n'kk esa] ckjg lIrkg ls vf/kd dh xHkkZoLFkk]

izlo gksus rd] mls vLFkk;h rkSj ij vuqi;qDr cuk nsxh A efgyk vH;fFkZ;ksa dk fdlh

ljdkjh@jftLVªhd`r fpfdRlk@O;olk;h }kjk mi;qDrrk ds fy, iqu% ijh{k.k fd;k tkuk

pkfg,A

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] tSlh fu;fer izfrLFkkuh vf/kdkjh dks osrueku ds U;wure ij

ykxw gS] ;k=k HkRrs@nSfud HkRrs dk gdnkj gksxk@gksxhA

lafonk ij fu;qDr O;fDr¼;ksa½ dks deZpkjh lkewfgd chek ;kstuk ds lkFk&lkFk

bZ0ih0,Q0@th0ih0,Q Hkh ykxw ugha gksxk A

10-

blds lk{;Lo:i] izFke i{kdkj vkSj f}rh; i{kdkj us blesa loZizFke mfYyf[kr rkjh[k

dks vius&vius gLrk{kj dj fn, gSaA

lkf{k;ksa dh mifLFkfr esa %

&&&&&&&&&&&&&&&&&&

uke&&&&&&&&&&&&&&&&

irk&&&&&&&&&&&&&&&

&&&&&&&&&&&&&&&&&&

uke&&&&&&&&&&&&&&&&

irk&&&&&&&&&&&&&&&&

¼izFke i{kdkj ds gLrk{kj½

lkf{k;kas dh mifLFkr esa %

&&&&&&&&&&&&&&&&&&

uke&&&&&&&&&&&&&&&&

irk&&&&&&&&&&&&&&&&

Ukke&&&&&&&&&&&&&&&&

irk&&&&&&&&&&&&&&&&

¼f}rh; i{kdkj ds gLrk{kj½

5462

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

[Authoritative English text of this Department’s Notification No. Home-B(B)3-4/95-Fire

dated …….…...2013 as required under Clause (3) of Article 348 of the Constitution of India]

HOME DEPARTMENT

NOTIFICATION

Shimla-2, the 27^th December, 2013

No. Home-B(B)3-4/95-Fire.—In exercise of the powers conferred by proviso to Article

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

Himachal Pradesh Public Service Commission, is pleased to make the Recruitment and Promotion

Rules for the post of Sub Fire Officer, Class-III (Non-Gazetted) Non-Ministerial Services in the

Department of Fire services, Himachal Pradesh, as per Annexure–“A” attached to this notification,

namely:—

Short title and commencement.—(1) These Rules may be called the Himachal

Pradesh, Fire Services Department, Sub Fire Officer, Class-III (Non-Gazetted) Non-Ministerial

Services Recruitment and Promotion Rules, 2013.

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

Himachal Pradesh.

Repeal & Savings.—(1) The Himachal Pradesh Fire Services Department Sub Fire

Officer (Class-III, Non-Gazetted) Recruitment and Promotion Rules 2002, notified vide notification

No. Home- B(B)3-4/95 dated 20-09-2002 as amended from time to time are hereby repealed.

(2) Notwithstanding such repeal any appointment made or any thing done or any action

taken under the relevant rules, so repealed under Rule, 2 (1) supra shall be deemed to have been

validly made done or taken under these rules.

By order,

Sd/-

Addl. Chief Secretary (Home).

__________

ANNEXURE-“A”

RECRUITMENT AND PROMOTION RULES FOR THE POST OF SUB FIRE OFFICER

(CLASS-III NON-GAZETTED) IN THE DEPARTMENT OF FIRE SERVICES,

HIMACHAL PRADESH

1. Name of the post.— Sub Fire Officer.

2. Number of post.— Thirty Two (32).

3. Classification.—Class-III (Non Gazetted) ( Non-Ministerial).

4. Scale of pay.—(i) Pay scale for regular incumbents Rs. 10300-34800+3600 Grade Pay

(ii) Emoluments for Contract employees @ Rs. 13900/- P.M. as per

details given in Col.15-A.

5463

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

5. Whether Selection post or non-selection post.—Non Selection.

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 candidate appointed on ad-hoc basis had become overage 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 such ad-hoc or contract appointment;

Provided further that upper age limit is relaxable for scheduled Castes/Scheduled Tribes/

Other Backward 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 to be Government Servants before absorption in Public Sector/Corporations/

Autonomous Bodies at the time of initial constitutions of such 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 who were/are subsequently appointed by such Corporation/Autonomous

Bodies and who are/were finally absorbed in the service of such Corporations/Autonomous Bodies

after initial constitution of the Public Sector Corporation/Autonomous Bodies.

Note:—(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 direct recruitment relax able at the discretion of the

Recruiting Authority in case th candidate is otherwise well qualified.

Minimum Educational qualification and other qualification required for direct

recruits.—ESSENTIAL QUALIFICATION.—(i) Should have passed 10+2 Examination or its

equivalent from a recognized Board/University or should have passed Army Special Certificate and

should have qualified Sub-Fire Officer course from the National Fire Services College, Nagpur.

Graduate of the Institute of Fire Engineers (India), New Dehli.

(ii) Minimum Physical Standard:

Height-165 cms.

Chest-80 cms. with expansion upto 85 cms.

Eyesight-6/6 without glasses.

Weight-52 Kgs.

(iii) Physical efficiency:—

5464

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

(a) 100 Mtrs. Race in 15 seconds.

(b) High Jump 120 Cms.

(d) 800 Mtrs. Race in 3 Minutes.

DESIRABLE :

Knowledge of customs, manners and dialect of Himachal Pradesh and suitability for

appointment in the peculiar conditions prevailing in the Pradesh.

8. Whether age and educational qualifications prescribed for direct recruits will

apply in the case of the promotees.—Age: No.

Educational Qualification: Yes, as prescribed against Col. No. 11 below.

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 the percentage of posts to be filled in by various methods.—(i) 75%

By promotion.

(ii) 25% by direct recruitment on regular basis or by recruitment on contract basis as the

case may be.

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, grade from which

promotion/ transfer is to be made.—By promotion from amongst the Leading Firemen having 3

years regular service or regular combined with continuous adhoc service rendered, if any, in the

grade and should have also qualified the Sub Fire Officers Course from the National Fire Service

College, Nagpur :

Provided that for the purpose of promotion every employee shall have to serve atleast one

term in the Tribal/Difficult areas subject to adequate number of post(s) available in such areas:

Provided further that the proviso (I) supra shall not be applicable in the case of those

employees who have five years or less service, left for superannuation :

Provided further that Officers/Officials who have not served atleast one tenure in

Tribal/difficult area shall be transferred to such area strictly in accordance with his/her seniority in

the respective cadre.

Explanation-I.—For the purpose of proviso I supra the “term” in Tribal/Difficult areas

shall mean normally three years or less period of posting in such areas keeping in view the

administrative requirements and performance of the employee.

Explanation-II.—For the purpose of proviso I supra the Tribal/Difficult Areas shall be as

under:—

5465

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

1. District Lahaul & Spiti.

2. Pangi and Bharmour Sub Division of Chamba District.

3. Dodra Kawar Area of Rohru Sub-Division.

4. Pandrah Bis Pargana, Munish Darkali and Gram panchayat Kashapat, Gram

Panchayats of Rampur Tehsil of District Shimla.

5. Pandrah Bis Pargana of Kullu District.

6. Bara Bhangal Areas of Baijnath Sub Division of Kangra District.

7. District Kinnaur.

8. Kathwar and Korga Patwar Circles of Kamrau Sub Tehsil, Bhaladh Bhalona and

Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai

Tehsil, in Sirmour District.

Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada- Gussaini, Mathyani, Ghanyar,

Thachi, Baggi, Somgad and Kholanal of Bali-Chowki Sub Tehsil, Jharwar, Kutgarh,

Graman, Devgarh, Trailla, Ropa, Kathog, Silh-Badhwani, Hastpur, Ghamrehar and

Bhatehar Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra,

North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar

Circle of Sunder Nagar Tehsil in Mandi District.

(2) In all cases of promotion, the continuous adhoc service rendered in the feeder post if

any, prior to regular appointment to the post shall be taken into account towards the length of

service as prescribed in these Rules for promotion subject to the conditions that the adhoc

appointment/promotion in the feeder category had been made after following proper acceptable

process of selection in accordance with the provisions of R & P Rules;

(i) Provided further that in all cases where a junior person becomes eligible for

consideration by virtue of his total length of service (including service rendered on adhoc basis

followed by regular service/appointment) in the feeder post in view of the provisions referred to

above, all persons senior to him in the respective category/post/cadre shall be deemed to be eligible

for consideration and placed above the junior person in the field of consideration :

Provided that all incumbents to be considered for promotion shall possess the minimum

qualifying service of at least three years or that prescribed in the Recruitment & Promotion Rules

for the post, whichever is less :

Provided further that where a person becomes ineligible to be considered for promotion on

account of the requirements of the preceding provisio, the persons(s) junior to him shall also be

deemed to be ineligible for consideration for such promotion.

Explanation:—The last proviso shall not render the junior incumbents ineligible for

consideration for promotion if the senior ineligible persons happened to be ex-serviceman recruited

under the provisions of the Rule-3 of Demobilized Armed Forces Personnel (Reservation of

Vacancies in the Himachal State Non-Technical Services) Rules, 1972 and having been given the

benefit of seniority thereunder or recruited under the provisions of Rules-3 of the Ex-Servicemen

(Reservation of vacancies in the Himachal Pradesh Technical Service) Rules, 1985 and having been

given the benefit of seniority thereunder.

5466

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

Note (2) Similarly, in all cases of confirmation, continuous adhoc service rendered on the

feeder post if any, prior to the regular appointment against such posts shall be taken into account

towards the length of service, if the adhoc appointment/promotion had been made after proper

selection and in accordance with the provision of the Recruitment & Promotion Rules;

Provided that inter-se-seniority as a result of confirmation after taking into account, adhoc

service rendered as referred to above shall remain unchanged.

12. If a Departmental Promotion Committee exists, what is its composition?—As may

be constituted by the Govt. from time to time.

13. Circumstances under which the H.P. Public Service Commission to be consulted

in making recruitment.—As required under the Law.

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

any service or post must be Citizen of India.

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

appointment to the post in the case of direct recruitment may be made on the basis of a written test

and viva-voce test as may be conducted by Himachal Pradesh Service Commission or any other

recruiting authority as the case may be, the standard/syllabus, etc. of which, will be determined by

the Commission/other recruiting authority as the case may be.

15-A Selection 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 Sub Fire Officer, in the Department of Fire

Services, Himachal Pradesh will be engaged on contract basis initially for one year, which may be

extendable on year to year basis.

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) POST FALLS WITHIN THE PURVIEW OF H.P. SUBORDINATE SERVICE

SELECTION BOARD:—The Director Fire Services, 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.

these Rules.

(II) CONTRACTUAL EMOLUMENTS.—The Sub Fire Officer appointed on contract

basis will be paid consolidated fixed contractual amount @ Rs. 13900/- P.M. (which shall be equal

to minimum of the pay band + grade pay). An amount of Rs.420/- (3 % of the minimum of the pay

band + grade pay) 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 Fire Services, H.P.

will be appointing and disciplinary authority.

5467

jkti=] fgekpy izns'k] 1 tuojh] 2014@11 ikS"k] 1935

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

Contract Appointment will be made on the basis of viva-voce test or if considered 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 Services Selection Board Hamirpur.

(V) COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINTMENTS.—

As may be constituted by the concerned recruiting agency i.e. the H.P. Subordiinate 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 contractual appointee will be paid fixed

contractual amount @ Rs. 13900/- P.M. (which shall be equal to minimum of the pay band + grade

pay). The contract Appointee will be entitled for increase in contractual amount @ Rs. 420/- (3% of

the minimum of 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.

month service. However, the contract employee will also be entitled for 12 weeks Maternity Leave

and 10 day’s Medical Leave. He/She shall not be entitled for Medical Re-imbursement and LTC

etc. No leave of any other kind except above is admissible to the contract appointee.

Provided that the un-availed Casual Leave and Medical Leave can be accumulated upto the

Calendar Year and will not be carried forward for the next Calendar Year.

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

automatically lead to the termination of the contract. Contract appointee shall not be entitled for

contractual amount for the period of absence from duty.

(e) An official appointed on contract basis who have completed Three 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 candidates pregnant beyond 12 weeks will

stand temporarily unfit till the confinement is over. The women candidate will be reexamined 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 officials at the minimum of the

pay scale.

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

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.

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16. Reservation.—The appointment to the service shall be subject to the orders regarding

reservation in the service for persons belonging to Scheduled Castes/Scheduled Tribes/Other

Backward classes/categories of persons issued by the Himachal Pradesh Government from time to

time.

17. Departmental Examination.—Not applicable.

18. Powers to Relax.—Where the State Govt. is of the opinion that it is necessary or

expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with

the H.P. Public Service Commission, relax any of the provisions of these Rules with respect to any

class or category of persons or posts.

_________

ANNEXURE-‘B ’

FORM OF CONTRACT/AGREEMENT TO BE EXECUTED BETWEEN THE SUB FIRE

OFFICER AND THE DIRECTOR FIRE SERVICES, HIMACHAL PRADESH

This agreement is made on this …….........…….day of ………..............................…. In the

year……………………..Between ……......................................…….Sh./Smt……………..S/o/D/o

Shri………………...................................................……….. R/O……......................................……

……………………………………... Contract appointee (hereinafter called the “FIRST PARTY”)

AND THE DIRECTOR FIRE SERVICES, HIMACHAL PRADESH, SHIMLA (here-in-after the

“SECOND PARTY”).

Whereas, the SECOND PARTY has engaged the “FIRST PARTY” aforesaid “FIRST

PARTY” and the “FIRST PARTY” has agreed to serve as a SUB FIRE OFFICER on contract basis

on the following terms and conditions:—

That the “FIRST PARTY” shall remain in the service of the “SECOND PARTY” as a

SUB FIRE OFFICER for a period of 1 year commencing on day of …………….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 day i.e. on

……………….and information notice shall not be necessary.

Provided that for- further extension/renewal of contract period the HOD shall issue a

certificate that the service and conduct of the contract appointee was satisfactory

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

2. The

contractual

amount

the

“FIRST

PARTY”

will

Rs………………………………………….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 SUB FIRE OFFICER will be entitled for one day’s casual leave after

putting in one month service. However, the contract employee will also be entitled for

12 weeks Maternity Leave and 10 day’s Medical Leave. He/She shall not be entitled

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for Medical Re imbursement and LTC etc. No leave of any other kind except above is

admissible to the contractual Contractual SUB FIRE OFFICER.

Provided that the un-availed Casual Leave and Medical Leave can be accumulated

upto the Calendar Year and will not be carried forward for the next Calendar Year.

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

shall automatically lead to the termination of the contract. A contractual SUB FIRE

OFFICER will not be entitle for contractual amount for the period of absence from

duty.

6. An official appointed on contract basis who have completed Three 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

Government/Registered Medical Practitioner. In case of women candidates pregnant

beyond twelve weeks will render of temporary unfit till the confinement is over. The

women candidate should have re-examined 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/her 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).

IN WITNESS THE FIRST PARTY AND SECOND PARTY have here in to set their hands

the day month and year first, above written.

IN THE PRESENCE OF WITNESS:

_______________________

(Signature of the FIRST PARTY)

(Name and full Address)

_________________________

(Name and full Address)

IN THE PRESENCE OF WITNESS

(Signature of the SECOND PARTY)

__________

LABOUR AND EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla, the 28^th December, 2013

No. Sharm (A) 7-1/2005-Part File-1.—In exercise of the powers vested under section

17(1) of the Industrial Disputes Act,1947, the Governor Himachal Pradesh is pleased to order the

publication of awards of the following cases announced by the Presiding Officer, Labour Court

Shimla on the website of the Department of Labour & Employment of the Government of

Himachal Pradesh:—

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Sr. No.

Case No:

August, 2013

Title of the Case

Date of Award

129/2010

Shri Manoj Kumar V/s M/a Aar Aar

Casting Ltd. Solan.

26-11-2013

44/2012

M/S Shivani Singh V/s Ex. Director-cum

Secy. Dagshai School, Solan.

08-11-2013

55/2008

Shri Mohinder Singh V/s Manager Sauth

Asia Bervieries (P) Ltd. Sirmour.

25-11-2013

127/2010

Shri Tej Singh V/s Controller Printing &

Stationery Deptt. Shimla.

26-11-2013

82/2009

Shri Narinder Kumar V/s Principal Govt.

P.G. College, Solan.

26-11-2013

By order,

Sd/-

Pr. Secretary (Labour & Employment).

__________

IN THE COURT OF A.S. JASWAL, PRESIDING JUDGE, H.P. INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, SHIMLA

Reference no. 129 of 2010.

Instituted on 4.12.2010.

Decided on 26.11.2013.

Manoj Kumar S/o Shri Ram Dhan R/o Village Batayal, P.O Bhamla, Tehsil Sarkaghat,

District Mandi, HP.

. .Petitioner.

VS.

The Factory Manager, M/s Aar Aar Casting Ltd., (Near Power House) Village Jharmajri,

P.O Barotiwala, District Solan, HP.

. .Respondent.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner: Shri J.C. Bhardwaj, AR

For respondent: Shri Mohit Thakur, Advocate.

AWARD

The reference, for adjudication, is as under: “Whether verbal termination of the services

of Shri Manoj Kumar S/o Shri Ram Dhan driver by the Management of M/s Aar Aar Casting

Ltd. (near power house), Village Jharmajri, P.O Barotiwala, District Solan, HP w.e.f.

30.4.2009, without serving chargesheet, without holding enquiry and without complying with

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

wages, service benefits and relief the above named workman is entitled to?”

The contention of the petitioner is that he was engaged as Driver by the respondent

during the month of March, 2005 and continued to remain, as such till 30.4.2009, when his services

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were illegally terminated by the respondent. Since, the respondent had failed to comply with the

mandatory provisions of section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred as

Act) and further that in every calendar year, he had been working for more than 240 days, his

services could not have been terminated in violation of the provisions of the Act. Apart from this,

neither he had been afforded any opportunity nor paid termination benefits.

On having raised various preliminary objections including maintainability, the

respondent has also contested the claim of the petitioner by asserting that on 17.9.2008, while on

duty, at Shimla, on Truck No. HP 12-C 6379, the petitioner, along-with his conductor, left the

Truck, on road, with the result, the Truck was stolen and in this regard FIR was got lodged. When

the matter was being enquired into by the Police, the petitioner left the job, without intimation to

the respondent. However, he again rejoined his duties on 1.4.2009 but again left the same on

30.4.2009, without any reason. Thus, his services were not terminated by the respondent but the

petitioner on his own, left the job. Other allegations denied.

Pleadings of the parties gave rise to the following issues which were struck of on

31.12.2011.

1. Whether the termination of the services of the petitioner by the respondent w.e.f.

30.4.2009, is in violation of the provisions of the Industrial Disputes Act, 1947?

. .OPP.

2. If issue no.1 is proved in affirmative, to what relief the petitioner is entitled to?. .OPP.

3. Relief.

Besides having heard the Ld. AR for the petitioner and Ld. Counsel for respondent I

have also gone through the record of the case carefully.

For the reason to the recorded hereinafter, my findings on the aforesaid issues are as

under:

Issue no. 1

No.

Issue no. 2

Becomes redundant.

Relief:

Reference answered against the petitioner per operative part of award.

Reason for findings

Issue no. 1.

7. As per the petitioner, his services, as driver, had been terminated by the respondent

w.e.f. 30.4.2009, in violation of the provisions of the Act. On the other hand, the defence plea is to

this effect that on his own, he had left the job. Although, the petitioner has averred that he had been

working for 240 days in each calendar year, including twelve calendar months preceding the date

on which his services were terminated, but in support of such plea, he has neither examined himself

nor any other witness. In these circumstances, for want of evidence, he has failed to prove that his

services had been illegally terminated in violation of the provisions of the Act. Here, I may like to

point-out that since, the petitioner has failed to lead evidence, the respondent did not lead evidence

in support of its reply.

Consequently, for what has been stated above and also that the petitioner has failed to

lead evidence, in support of his case, I have been left with no other alternative but to decide this

issue against him which accordingly is decided in negative.

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Issue no. 2

9. For the failure of the petitioner to have proved issue no.1, this issue becomes

redundant.

Relief

As a sequel to my findings on the aforesaid issues, the claim of the petitioner is dismissed

with the result, the reference is answered against him and in favour of the petitioner. Let a copy of

this award be sent to the appropriate government for publication in official gazette. File, after

completion be consigned to records.

Announced in the open court today this 26th day of November, 2013.

(A.S. JASWAL)

Presiding Judge,

Industrial Tribunal-cum-Labour Court, Shimla.

__________

Ref.44 of 2012

8-11.2013

Ms. Shivani Singh V/s Ex. Director-cum-Secy. Dagshai Public School, Solan 8.11.2013:-

Present:-

None

Sh V. K. Gupta AR for respondent.

No PWs is Present, Be awaited upon.

Sd/-

Presiding Judge

Labour Court, Shimla.

Case Called again

8.11.2013:-

Present:-

None for the petitioner.

Sh. V. K. Gupta AR for respondent.

For today, this case is fixed for the evidence of the petitioner, at self responsibility for the

failure of the petitioner to appear before this court as witness & also to produce other evidence &

further that her Advocate is not present, clearly goes to show that the petitioner is not interested to

prosecute this case . In these circumstances, I have been left with no other alternative but to observe

that in the absence of sustentative evidence having been led by the petitioner, this reference is

required to be decided against her. Accordingly, I decide this reference against the petitioner & in

Favour of respondent. File, after completion, be consigned to records.

Announced

8.11.2013

Sd/

Presiding Judge

Labour Court, Shimla.

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Sh. Mahinder Singh V/s Manager South Asia Breweries (P) Ltd. Sirmour.

25.11.2013:-

Present:-

Ms. Veena Sood , Ado for the petitioner.

Shri Surender Kaushal, Ado for respondent.

Shri Chanan Singh Special Attorney of Shri Mehender Singh, petitioner also present.

He has filed special power of Attorney executed in his favour by Shri Mahender Singh (Petitioner)

It has been stated by both the parties that consequent upon the efforts put in by this Court, a

Compromise/settlement has been effected. As per the compromise/ settlement, so arrived at

between the parties, the respondent has agreed to pay Rs.1,85,000/- (Rs. One lakh eighty five

thousand only) to the petitioner by way of full & final settlement of his claim, involved in this case.

Shri Chanan Singh, Special Attorney of the petitioner has stated that the amount, aforesaid, being

purposed to be given to the petitioner by way of full & final settlement, is acceptable to him. I am

satisfied that a lawful compromise/settlement has been effected between the parties.

Resultantly, regarding the settlement/Compromise, so effected, the statements of Shri

Surender Kaushal, Advocate for respondent and also that of Shri Chanan Singh, Special Attorney

of the petitioner recorded separately. Consequent upon the compromise/settlement, effected

between the parties, this reference stands disposed of/answered accordingly. The statements of Shri

Surender Kaushal, Advocate and Shri Chanan Singh, Special Attorneyof the petitioner, shall form

part and parcel of this award/order. Let a copy of this award/order be sent to the appropriate

government for publication in the official gazette. Be consigned to records.

Announced:

25.11.2013

Sd/-

Presiding Judge

Labour Court, Shimla.

__________

IN THE COURT OF A.S. JASWAL, PRESIDING JUDGE, H.P. INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, SHIMLA

Ref no. 127 of 2010.

Instituted on 4.12.2010.

Decided on 26.11.2013.

Tej Singh Kanwar (Driver) S/o Shri Hem Singh, R/o Village & P.O. Basantpur, Tehsil

Sunni, District Shimla, H.P.

. .Petitioner.

Vs.

The Controller, Printing & Stationary Department, Ghora Chowki, Shimla-5, H.P.

. .Respondent.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner: Shri Rajesh Vats, Advocate

For respondent: Ms. Manu Kalia, Ld. ADA.

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AWARD

The reference for adjudication, is as under:—

"Whether termination of the services of Shri Tej Singh Kanwar (Driver) S/o Shri

Hem Singh by Controller, Printing & Stationery Department Ghora Chowki, Shimla-

5, HP vide order dated 31.3.2006, without serving chargesheet, without holding

enquiry and without complying the mandatory provisions of the Industrial Disputes

Act, 1947 is legal and justified? If not, to what back wages, service benefits and relief

the above named workman is entitled to?”

Briefly, the case of the petitioner is that in the year 1999, he was initially engaged as

driver on daily wages basis by the respondent and worked with utmost sincerity and honesty. In

each calendar year, he had been completing 240 days. As per the policy, formulated by the State of

H.P., his services were required to be regularized on having completed eight years of service,

putting minimum 240 days in every calendar year. In order to deny him regularization in service,

the respondent, illegally terminated his services in violation of the mandatory provisions of

Industrial Disputes Act, 1947. In fact, he had fallen ill and accordingly intimated the respondent in

this regard. A letter dated 24.1.2006, which had been written by the respondent, in English, could

not be understood by him as per which, he had been informed to submit the medical record, on

joining. Barring one letter, he did not receive any other letter. The respondent also did not serve

upon him the illegal termination order. It has further averred that his services had been illegally

terminated without serving chargesheet and holding any enquiry and also to have complied with the

mandatory provisions of the Act. Against this backdrop, a prayer has been made for setting aside

his illegal termination order and to reinstate him with all consequential service benefits including

back wages and seniority.

The petition has been contested on having raised preliminary objection qua

maintainability. On merits, it has been asserted that the petitioner had been initially engaged by the

respondent on daily wages as driver in the year, 1999 and he joined the department on 6.2.1999.

Till January, 2006, he kept on working as driver with the respondent with a break in service, w.e.f.

4.9.2004 to 28.11.2004, as per letter dated 4.9.2004. It has been denied that his services had been

illegally terminated. As a matter of fact, an application dated 2.1.2006, had been submitted by the

petitioner wherein it was stated that he was not feeling well and for this reason, could not attend his

duties and thus requested to grant him medical leave till joining. In response to this application, a

memo dated 24.1.2006, was issued to him as per which, he was informed that in public interest, his

leave, on medical grounds, could not be granted and further, he was directed to appear before Chief

Medical Officer, Shimla for medical examination, if he was ill. Since, there was no response/

communication from the petitioner, to the said memo, he was issued another memo dated 24.2.2006

whereby, he was directed either to join his duties by 1st Match, 2006, or to appear before Chief

Medical Officer, Shimla for examination, if he was ill and further directed that in case, the needful

was not done, he was deemed to have been terminated from service and in his place, a new

appointment was to be made in the interest of department. It is averred that in response to memo

dated 24.1.2006, the petitioner submitted an application, dated 16.2.2006, which was received by

the respondent on 23.2.2006, in which it was stated that he was still ill and may be treated absent

from duty on medical ground and further that on getting recovered from illness, he was to join

duties by submitting medical certificate. Since, he (petitioner) did not comply with the directions of

the department or joined his duties till 31.3.2006, his services were rightly terminated, on

31.3.2006, vide order P&S. 3/99-Satha-6386-87, dated 31.3.2006. It has been denied that the

petitioner had completed eight years of service. In fact, he completed seven years of service during

the period from 1999 to 2005 with minimum 240 days in each calendar year. Thus, the policy

regarding regularization of services is not applicable to him. It is further averred that from his

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initial engagement till termination of his services, the petitioner had put more than 240 days in all

preceding calendar years. Other allegations either admitted or denied.

4. The pleadings of the parties gave rise to the following issues which were struck on

28.9.2011.

1. Whether the termination of services of the petitioner by the respondent with effect

from 31.3.2006, is in violation of the provisions of the Industrial Disputes Act, 1947?

. .OPP.

2. If issue no.1 is proved in affirmative, to what relief of service benefits the petitioner is

entitled to?

. .OPP.

3. Relief.

5. I have heard the learned counsel for the parties and have also gone through the record

of the case carefully.

6. For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no. 1

Yes.

Issue no. 2

Entitled to reinstatement in service with seniority and continuity.

Relief.

Reference answered in favour of the petitioner, per operative part of award.

Reasons for findings

Issue no.1&2

7. Being interlinked, both these issues are taken up together for discussion and decision.

The contention of the petitioner is that his services had been terminated w.e.f.

31.3.2006, in illegal and unjustified manner, in violation of the provisions of the Act as well as

without serving any chargesheet or holding enquiry. On the other hand, the defence version is to

this effect that since, the petitioner had failed to comply with memos dated 24.1.2006 as well as

24.2.2006, his services were rightly terminated in legal manner because he had failed to comply

with the directions mentioned in those memos.

9. Admittedly, the petitioner had remained in continuous service of the respondent w.e.f.

6.2.1999 till he absented himself on medical grounds, except the break in service w.e.f. 4.9.2004 to

28.11.2004. When regard is given to the stand taken by the respondent, it can be said that the

services of the petitioner had not been retrenched within the meaning of section 2oo (c). Now, the

question arises as to whether the respondent was to initiate enquiry against the petitioner for not

having complied with the directions as mentioned in memos dated 24.1.2006 and also that of

24.2.2006. It has been urged by Ld. Dy. DA that since in the memo dated 24.2.2006, a specific

direction had been issued to the petitioner either to join duties by 1st March, 2006 or to appear

before C.M.O. Shimla, for medical examination and further that in the said memo, it had been

stated that if the needful was not done, his services were deemed to have been terminated, for this

reason, there was no need to have initiated enquiry against the petitioner. On the other hand, the

submission which has been advanced on behalf of the petitioner is to this effect that since, the

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petitioner had allegedly disobeyed the directions as mentioned in the aforesaid memos, his such act

amounted to misconduct and for this reason, a reasonable opportunity should have been afforded to

him to explain his conduct and further it was obligatory upon the respondent to have initiated

enquiry against him for such misconduct.

10. The petitioner, when appeared in to the witness box, as PW-1, supported the facts as

stated in the statement of claim filed by him on, all material counts including that to the

department, he had informed regarding his illness as per application dated 2.1.2006, which is Ex.

PW-1/B. He had also received a letter Ex. PW-1/C from the department. Except this letter, no other

letter had been received by him from the department. In the cross-examination, he admitted that as

per Ex. PW-1/C, he had been asked to appear before Chief Medical Officer, Shimla for medical

check-up/examination. He denied that the department had also written him letter/memo dated

24.2.2006. He expressed his lack of knowledge that the department had directed him to either join

duties by 1.3.2006, or to appear before Chief Medical Officer, Shimla for examination, failing

which his services were deemed to have been terminated. He admitted that on 16.2.2006, he had

submitted an application, Ex. RA, for extension of leave. He admitted that memo Ex. RB, had been

sent to him through post.

11. From the evidence of the petitioner, it is quite clear that vide application dated

2.1.2006, Ex. PW-1/B, he had informed the department that he was ill and for this reason, unable to

attend the office. It has been admitted by him to have received letter/memo dated 24.1.2006, Ex.

PW-1/C from the department. When regard is given to letter Ex. RA of the petitioner, it is

highlighted that in response to letter dated 24.1.2006 of the department, he had made an

application/request that on account of his illness, he was unable to attend the office and for this

reason, he should be allowed to remain absent, on medical grounds, and further that when he would

recover from illness, he would join the duties. This goes to show that the petitioner had informed

the respondent/department that on account of his illness, he was unable to join the office and for

this reason, either he should be granted medical leave or allowed to remain absent, on medical

grounds. He, (petitioner) in his affidavit, has denied to have received memo dated 24.2.2006.

12. Ex. RA-1 is the affidavit of Shri Sher Singh (RW-1), in which it has been stated that in

response to the application dated 2.1.2006 of the petitioner, a memo dated 24.1.2006, had been

issued to him as per which, he was directed to appear before the Chief Medical Officer, Shimla for

medical examination, if he was ill because his request for leave, on medical grounds, could not

have been accepted in public interest. Since, no communication had been received from the

petitioner, qua memo dated 24.1.2006, another memo dated 24.2.2006, was issued to him whereby

he was directed to join the duties by 1.3.2006 or to appear before Chief Medical Officer, Shimla for

medical examination, failing which, his services were deemed to have been terminated. An

application dated 16.2.2006, which had been submitted by the petitioner, in response to memo

dated 24.1.2006, had been received in the office on 23.2.2006. Since, the petitioner had failed to

comply with the memos and also to join duties, his services were legally terminated. In the cross

examination, he has stated that before terminating the services of the petitioner, no enquiry was got

conducted. He explained that notices had been issued to the petitioner for joining duties but he

failed to do the needful. He denied that the petitioner had not been afforded opportunity to put-forth

his version and his services were terminated without hearing.

13. From the evidence which has been referred to above, it is clear that vide letter dated

2.1.2006, Ex. PW-1/B, the petitioner had informed the department/respondent that for his being ill,

he was unable to attend the office and for this reason, he be granted medical leave. It is true that as

per memo dated 24.1.2006, Ex. PW-1/C, the petitioner had been informed that his request for

medical leave could not be accepted due to public interest and that he was also directed to appear

before Chief Medical Officer, Shimla for medical examination, but on that score, it cannot be said

that he had rendered himself for action to be taken against him for not complying with the

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directions to appear before Chief Medical Officer, Shimla. Here, it is to be mentioned that in

response to memo dated 24.1.2006 Ex. PW-1/C, the petitioner, vide letter Ex. RA, had informed the

department that he was unable to appear in the office, on account of his illness and further

requested that during the period he remained ill, he be allowed to remain absent on medical

grounds. This letter had been issued on 16.2.2006. It is true that the department had issued another

memo dated 24.2.2006, Ex. RB to the petitioner whereby he had been directed either to join duties

by 1.3.2006, or to appear before Chief Medical Officer, Shimla and further that if he failed to do

the needful, his services shall be deemed to have been terminated, but on the basis of this memo

(Ex. RB), it cannot be said that the department had followed the principles of natural justice before

terminating the services of the petitioner, vide office order dated 31.3.2006, Ex. PW-1/D.

14. It has been rightly argued by the learned Counsel for the petitioner that if the petitioner

had failed to comply with the orders/directions of the department, as contained in memo Ex. RB,

his such action was to amount a misconduct. On the basis of such misconduct, the department

should have issued a show cause notice to the petitioner as to why his services be not terminated for

not having complied with the directions, issued vide memo Ex. RB dated 24.2.2006. At least, an

enquiry was required to be conducted as to whether the absence of the petitioner was necessitated

on account of his illness or whether, it was the result of willful absent. In my view, it was not

justified on the part of the department/respondent, to have terminated the services of the petitioner,

vide office order dated 31.3.2006, Ex. PW-1/D, for his failure to have complied with the directions,

stated therein. Here, it is also to be noted that as far as memo dated 24.2.2006, Ex. RB is concerned,

the petitioner has denied to have received it. In order to prove this memo, which had been sent to

the petitioner through registered post, RW-1 Shri Sher Singh has testified, in his affidavit Ex. RA 1,

that on the record, postal receipt has also been filed which is mark X but the respondent has not

examined the postman who had delivered the registered letter containing memo Ex. RB, to the

petitioner. Thus, the delivery of memo Ex. RB to the petitioner cannot be said to have been proved

in accordance with law particularly, when it has been denied by the petitioner to have received the

same in his petition. It has been urged on behalf of the respondent that the petitioner had been

issued memos/notices dated 24.1.2006 and 24.2.2006, before terminating his services but the

issuance of such notices/memos did not absolve the respondent to have complied with the

principles of natural justice which required that before terminating the services of the petitioner, he

was required to be given show cause notice and if the reply to the same had not been found

satisfactory, to initiate enquiry against him.

15. It has been held by the Apex Court in CMD Vs. Praveen Kumar Jain and others

(1998) 9 SCC 468, that the termination of services of a daily wager, working for past twenty years

and borne on muster roll was illegal whereby he was informed that his services were not required

w.e.f. the specific date and when neither section 25-F of the Industrial Disputes Act was complied

with nor the procedure of departmental enquiry followed before passing the said order.

16. In the instant case, the respondent/department has neither complied with the provisions

of section 25-F of the Act nor followed the procedure of departmental enquiry before terminating

the services of the petitioner, vide office order dated 31.3.2006. I agree with the Ld. Counsel for the

petitioner that for the failure of the department/respondent to have either complied with the

provisions of section 25-F of the Act or to have initiated enquiry against the petitioner, his

termination cannot be said to be legal and justified.

17. Consequently, for what has been stated and observed above, I hold that the termination

of the services of the petitioner w.e.f. 31.3.2006, is illegal and unjustified for being in violation of

the provisions of the Act.

18. Now, it is to be seen that what service benefits, the petitioner is entitled to. Before this

Court, the petitioner has not brought the medical records, in order to show that during the period, he

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remained absent from duties, he was ill. In number of judgments of Hon’ble Apex Court, it has

been held that in the event of reinstatement of a worker, the grant of back wages is not automatic.

The Hon’ble Supreme Court in 2010 (1) SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla

has ruled that “full back wages cannot be granted mechanically, upon a order of termination be

declared illegal. It is further held that reinstatement must not be accompanied by payment of full

back wages even for the period when the workman remained out of service and contributed little

or nothing to the Industry”.

19. In the instant case, the petitioner had been working as daily wager since 6.2.1999,

before he absented himself from duties on account of alleged illness. Having regard to all the facts

and circumstances, I am of the view that he deserves to be reinstated in service with seniority and

continuity but without back wages. Thus, both these issues are decided in favour of the petitioner

and against the respondent.

Relief

As a sequel to my findings on the aforesaid issues, the claim of the petitioner is allowed and

the petitioner is ordered to be reinstated in service with seniority and continuity but without back

wages. Consequently, the reference stands answered in favour of petitioner and against the

respondent. Let a copy of this award be sent to the appropriate government for publication in

official gazette. File, after completion be consigned to records.

Announced in the open court today this day of 26th November, 2013.

(A.S. JASWAL)

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

___________

IN THE COURT OF A.S. JASWAL, PRESIDING JUDGE, HP INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, SHIMLA

Ref no. 82 of 2009.

Instituted on 29.10.2009.

Decided on 26.11.2013

Narinder Kumar S/o Shri Sunehra Singh R/o Ward No. 7, Dhobi Ghat Solan, Tehsil &

District Solan, HP.

. .Petitioner.

Vs.

The Principal Government Post Graduate College, Solan, Rajgarh Road, District Solan, HP.

. .Respondent.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner: Shri J.C. Bhardwaj, AR.

For respondent: Ms. Manu Kalia, ADA.

AWARD

The reference for adjudication, is as under:—

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"Whether verbal termination of Shri Narinder Kumar S/o Sunehra Singh daily

wages sweeper w.e.f. 10.10.2007 by the Principal Govt. Post Graduate College Solan

Rajgarh Road District Solan, HP without complying with various provisions of the

Industrial Disputes Act, 1947 is legal and justified? If not, to what back wages, seniority,

service benefits and relief the aggrieved worker is entitled to?”

Facts of the case, in brief, are that in the month of December, 2001, the petitioner was

appointed as Chowkidar in Government Post Graduate College, Solan (hereinafter referred as

College) by its principal and continued to remain as such till 31.12.2003. Thereafter, during the

year, 2004, he was shifted from the work of Chowkidar, in order to attend to the work of Sweeper

(Safai Karamchari) where he continued to remain working till 10.10.2007, when his services were

illegally terminated, orally, by the Principal without complying with the provisions of the Industrial

Disputes Act, 1947 (hereinafter referred as Act) and also the Employment Standings Orders, 1946.

In each calendar year, he had worked for more than 240 days including twelve calendar months

preceding his termination. Since, neither he was served with notice nor paid retrenchment

compensation and further that his juniors were retained in service, his termination is liable to be set

aside for being in violation of the provisions of the Act. Against this backdrop, a prayer has been

made to reinstate him with seniority and continuity, in service, alongwith consequential service

benefits including back wages.

The petition has been contested on having raised preliminary objections including

cause of action and that the petitioner did not approach this Court with clean hands. On merits, it

has been asserted that in fact, the petitioner had been engaged purely on daily wages in the month

of April, 2002 as Chowkidar and not in the month of December, 2001, as alleged. It has been

denied that during the year, 2004, he was shifted from the work of Chowkidar to that of Sweeper. It

is further averred that he had not been regular in attending his duties and was in the habit of

remaining absent from work without informing/intimating the College authorities. During the

period w.e.f. December, 2003 to July, 2004, he had remained absent from work. Tthe respondent

had even received many complaints against his conduct and work in writing from the officials of

the Hostel as well as students. Regarding his such behavior, he had been warned with the direction

to mend his behavior. It is asserted that he (petitioner) had abandoned his service. It has been

denied that he had worked for more than 240 days in each calendar year or even twelve calendar

months preceding his voluntarily abandonment of the work. Since, he had abandoned his work,

without prior intimation to the authorities concerned, there was no occasion for serving any notice

to him or to pay retrenchment compensation. It has been specifically denied that his services were

terminated orally on 10.10.2007.

4. By filing rejoinder, the petitioner has reaffirmed his own allegations by denying those

of the respondent.

5. The pleadings of the parties gave rise to the following issues which were struck on

2.7.2010.

1. Whether the services of the petitioner have been terminated illegally and in an

unjustified manner in contravention of the provisions of Industrial Disputes Act, 1947

as alleged?

. .OPP.

2. Whether the petitioner has not approached this Court with clean hands? If so, its

effect?

. .OPR.

3. Relief.

6. I have heard the learned counsel for the parties and have also gone through the record

of the case carefully.

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7. For the reasons to be recorded hereinafter while discussing issues for determination my

findings on the aforesaid issues are as under.

Issue no. 1

Yes.

Issue no. 2

No.

Relief.

Reference answered in favoaur of the petitioner, per operative part of award.

Reasons for findings

Issue no.1

8. For the petitioner, it has been urged that since, his services had been terminated, orally,

on 10.10.2007, without serving notice or paying retrenchment compensation, the same is liable to

be set aside for being in violation of the provisions of the Act especially section 25-F. On the other

hand, it has been submitted on behalf of the respondent that the services of the petitioner had not

been terminated on 10.10.2007. In fact, he had abandoned his job without intimating the college

authorities and for this reason there was no occasion for paying him retrenchment compensation or

to issue notice. It has further been urged that the work and conduct of the petitioner was not above

board and that he was also in the habit of remaining absent. For his such conduct, he had also been

warned consequent upon the written complaints received from the officials of the Hostel as well as

students.

9. While appearing in the witness box as PW-1, the petitioner has supported all the facts,

as narrated, in the petition including that in the month of December, 2001, he had been engaged as

Chowkidar and remained as such till 31.3.2003. Thereafter, w.e.f. 1.1.2004, he was shifted to the

work of Safai karamchari and in that capacity, continued to work till 10.10.2007, when his services

were terminated without notice and compensation. He had not abandoned the job. The details of his

working days are Ex. PA to Ex. PA-5. Vide Ex. PA, he had worked for 257 days during the year

2007, preceding his termination. Since, his services had been terminated, illegally, he deserves to

be reinstated with all consequential service benefits including back wages. In the cross

examination, he stated that he has not produced any appointment letter and also the duty chart

pertaining to the period from December, 2001 to April, 2002. He denied that he was engaged

during the month of April, 2002. He further denied that on 1.1.2004, he was not working with the

respondent. When confronted with Ex. PA-3, his absence was found w.e.f. Jan. to July, 2004. He

expressed his lack of knowledge that he had started working from April, 2002 or not. He denied

that there had been many complaints against him, received from college authorities, and that he

abandoned his job.

10. Smt. Manjusha Pathania (RW-1), in her affidavit, has stated that in the month of April,

2002, the petitioner had been engaged purely on daily wages basis, as stop gap arrangement, and

worked till 2007. During the period December, 2003 to July, 2004, he had remained willfully

absent from the work without intimating the college authorities. He had voluntarily abandoned the

job from October, 2007. For this reason, there was no occasion for the respondent to have served

any notice upon him or to pay retrenchment compensation. No junior to the petitioner has been

retained who was engaged after April, 2002. The services of the petitioner had not been terminated

orally on 10.10.2007. Since, the work of the petitioner was not above board, many complaints had

been received against him from college authorities and in order to mend his behavior, he had been

warned. The complaints which had been received against him are Ex. RA to Ex. RH. In the cross

examination, she stated that in their college there is no post of Safai karamchari. She denied that the

petitioner was not habitual absentee and that against him a false story has been manipulated. They

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had not called for his explanation, in writing, about his habitual defaults. She denied that complaint

Ex. RA to Ex. RH, are forged. When, the petitioner allegedly, abandoned the job, they did not enter

into any communication with him. No enquiry had been conducted against the petitioner.

11. Ex. PA is the duty chart, which has been relied upon by the petitioner. Its perusal goes

to show that he had been in service of the College w.e.f. April, 2002 as Chowkidar. The contention

of the respondent is also to this effect that in the month of April, 2002, he (petitioner) had been

engaged, on daily wages, as stop gap arrangement. Thus, the plea of the petitioner that he was

engaged as chowkidar in the month of December, 2001, gets falsified.

12. It has been specifically stated by the petitioner (PW-1) that on 10.10.2007, his services

had been terminated without notice and compensation. He has also relied upon Ex. PA-5, the detail

of his working days. The perusal of Ex. PA-5, goes to show that in the year, 2007, till October, he

had worked for 257 days. According to him, his services had been illegally terminated on

10.10.2007. From this document, Ex. PA-5, it is quite clear that he had put in more than 240 days

i.e. 257 in the year, 2007, before his services were allegedly illegally terminated, by the respondent,

on 10.10.2007. Since, he succeeds in showing that in the year, 2007, before his termination, he had

worked for more than 240 days, the respondent was under obligation to have compiled with the

requirements of section 25-F of the Act. In 2005-III-LLJ 52, General Manager Haryana

Roadways Vs. Rudhan Singh, it has been held by the Hon’ble Supreme Court that if a workman

had worked for 240 days in period of 12 months, it is not necessary for him to have been in service

for one complete year.

13. In the instant case, from Ex. PA-5, it stands proved that from Jan., to October, 2007,

the petitioner had completed 257 days. Although, the defence version is to this effect that the

petitioner had voluntarily abandoned his job and for this reason, there was no occasion for the

respondent to have issued him notice or to pay him retrenchment compensation but this plea of the

respondent cannot be said to be a good defence. Even if, it is presumed that the petitioner had

abandoned his job on 10.10.2007, it was required of the respondent to have issued him some letter

in order to join his duties. In the evidence of Smt. Manjusha Pathaniya (RW-1), it has come that the

respondent had not entered into any communication with the petitioner when he allegedly left the

job. It has been held by the Hon’ble Supreme Court in M/s Scooters India Ltd. Vs. M

Mohammad Yaqub, 2001 LLR 54 that even when a workman fails to report for duties, the

management cannot presume that the workman left the job despite being called upon to report

failing which his name will be removed from the rolls. It has further been held that when workman

remained absent and failed to report for duties, it was imperative to follow the principles of natural

justice by giving him opportunity.

14. In the instant case, if it is presumed that the petitioner had abandoned the job w.e.f.

10.10.2007, even then it was imperative upon the respondent to have given him opportunity to

explain his position. In this way, for the failure of the respondent to have afforded him opportunity

of being heard and further that he was not issued any notice as required under the Act or paid

retrenchment compensation, the alleged termination of the petitioner w.e.f. 10.10.2007, cannot be

said to be justified as per the provisions of the Act.

15. The petitioner had also assailed his termination to be illegal on the plea that his juniors

have been retained in service. I may mention that the petitioner has failed to bring, on record, any

document which could go to show that the persons junior to him are still in job of the respondent. It

has been categorically stated by Smt. Manjusha Pathania (RW-1), in her affidavit, that no person

junior to the petitioner, who was engaged after April, 2002, has been retained by the respondent.

Thus, the petitioner fails to prove that his alleged termination of services is also in violation of

section 25-G & H of the Act.

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16. For the failure of the respondent to have complied with the provisions of section 25-F

of the Act, the termination/retrenchment of the petitioner w.e.f. 10.10.2007, is held to be illegal and

unjustified.

17. Now, it is to be seen as to what service benefits, the petitioner is entitled to. In number

of judgments of Hon’ble Apex Court, it has been held that in the event of reinstatement of a

worker, the grant of back wages is not automatic. The Hon’ble Supreme Court in 2010 (1) SLJ

S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla has ruled that “full back wages cannot be

granted mechanically, upon a order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry”.

18. In the instant case, the petitioner had been working as daily wager since April, 2002

and his services had been allegedly terminated/retrenched w.e.f. 10.10.2007. Having regard to all

the facts and circumstances, I am of the view that he deserves to be reinstated in service with

seniority and continuity but without back wages. Thus, issue no. 1 is decided in favour of the

petitioner and against the respondent.

Issue no.2

18. When regard is given to the evidence of Smt. Manjusha Pathaniya (RW-1), it is not

proved that the petitioner has not approached this court with clean hands. Undoubtedly, the

petitioner has alleged that he was appointed, at first instance, as Chowkidar during the month of

December, 2001 but from his document, Ex. PA-1, it is revealed that he was engaged/appointed in

the month of April, 2002. On that score, it cannot be said that he has not come before the Court

with clean hands. The controversy in this case is whether the alleged termination of the petitioner

w.e.f. 10.10.2007, is against the provisions of the Act or not. As far as such alleged termination is

concerned, the petitioner has not made any concealment which could go to show that he has not

approached the Court with clean hands.

19. Consequently, for what has been stated and observed above, I hold that the respondent

has failed to prove this issue to which my answer is in negative.

Relief

As a sequel to my findings on the aforesaid issues, the claim of the petitioner is allowed and

the petitioner is ordered to be reinstated in service forthwith with seniority and continuity but

without back wages. Consequently, the reference stands answered in favour of petitioner and

against the respondent. Let a copy of this award be sent to the appropriate government for

publication in official gazette. File, after completion be consigned to records.

Announced in the open court today this day of 26th November, 2013.

(A.S. JASWAL)

Presiding Judge,

Industrial Tribunal-cum-Labour Court, Shimla.

___________

LABOUR AND EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla, the 28th December, 2013

No. Sharm (A) 7-1/2005-Part File-1.—In exercise of the powers vested under section

17(1) of the Industrial Disputes Act,1947, the Governor Himachal Pradesh is pleased to order the

publication of awards of the following cases announced by the Presiding Officer, Labour Court

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Shimla on the website of the Department of Labour & Employment of the Government of

Himachal Pradesh:—

Sl. No.

Case No.

August, 2013

Title of the Case

Date of Award

64/2012

Employees union V/s Xen, HPPWD Paonta Sahib

30-10-2013

78/2010

Smt. Saroj V/s M/s V. N. Contractors Parwanoo

28-10-2013

79/2010

Smt. Kalpna V/s -do-

28-10-2013

By order,

Sd/-

Pr. Secretary (Labour & Employment).

___________

IN THE COURT OF A. S. JASWAL, PRESIDING JUDGE, H.P. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA CAMP AT NAHAN

Ref. No. 64 of 2012

Instituted on 3.12.2012

Decided on 30.10.2013

The Himachal PWDIPH Employees Union (Regd.) HP., Head Office Fey Lodge, Cart

Road, Bus Stand Shimla-171001

. . Petitioner.

Versus

The Executive Engineer, HPPWD (B&R) Division Paonta Sahib, District Sirmour, H.P.

. . Respondent.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner : None.

For respondent: Shri Jagdish Kanwar, Ld. Dy. DA.

AWARD

The reference for adjudication is as under:

“Whether demand of Himachal P.W.D.I.P.H Employees Union (Regd.) HP Head

Office, Fey Lodge, Cart Road, Bus Stand Shimla, 171001 before the Executive

Engineer, HPPWD (B&R) Division, Paonta Sahib, District Sirmour, HP to regularise

the services of Shri Khem Raj, beldar, HPPWD Sub Division No.1 Paonta w.e.f.

1-1-2004, instead of year, 2007 vide demand notice dated 12.8.2010 (copy enclosed)

with all consequential service benefits is legal and justified? If yes, what relief of

service benefits, seniority, monetary benefits, the above affected workman is entitled

to?”

2. Consequent upon the receipt of reference, in this Court, notices were issued to the

parties and Shri Khem Raj, AR appeared for the petitioner whereas Shri Jagdish Kanwar, Ld. Dy.

DA for the respondent. Although, opportunities were afforded to the petitioner to file statement of

claim but the same was not filed. Be it stated that on 20.9.2013, when the case was fixed for filing

of statement of claim, Shri Khem Raj AR for the petitioner failed to appear. Despite his having not

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appeared, the case was fixed for 30.10.2013, so that Shri Khem Raj, AR for the petitioner could

appear before this Court and file statement of claim. Even, having done so, on the fixed date i.e.

30.10.2013, neither Khem Raj AR, appeared before this Court nor statement of claim was filed.

Thus, I proceed to decide this reference on the basis of material which is available before this

Court.

3. The reference pertains to the demand of P.W.D.I.P.H Employees Union (regd.) HP, to

regularise the services of Shri Khem Raj, beldar HPPWD Sub-Divison No.1 Paonta w.e.f. 1.1.2004,

instead of year, 2007, vide demand notice dated 12.8.2010, to be legal and justified. This goes to

show that Shri Khem Raj (Beldar) asserts that his services were required to be regularized w.e.f.

1.4.2004, instead of the year, 2007 and that he was also entitled for all consequential service

benefits. In other words, it can be said that according to Shri Khem Raj (Beldar), his regularization,

in service, from the year, 2007, is illegal and unjustified because he was to be regularized w.e.f.

1-1-2004.

4. It is to be mentioned that despite having been afforded opportunities, Shri Khem Raj

did not file statement of claim. If he had filed statement of claim, only then it could have been

alleged by him that his regularization, in service, from the year, 2007, is illegal and unjustified

because the needful was required to be done from 1-1-2004. When the petitioner has failed to file

statement of claim and further to join proceedings before this Court, there is no material on record,

whatsoever, which could go to show that he was required to be regularized, in service, w.e.f.

1-1-2004 and not in the year, 2007, as was done. Thus, for the failure of the petitioner to have

putforth his case, as per the reference, made to this Court by the appropriate government, it is

required to be decided against him and accordingly, the same is decided against him and in favour

of the respondent. Let a copy of this award be sent to the appropriate government for publication in

the official gazette. File, after completion, be consigned to records.

Announced in the open court today this day of 30th October, 2013.

(A. S. JASWAL),

Presiding Judge,

Industrial Tribunal-cum-Labour Court, Shimla

Camp at Nahan.

__________

Ref. 78/2010

Smt. Saroj v/s m/s V.N. contractor, Parwanoo 28-10-2013.

Present:

Shri J. C. Bhardwaj, A.R for petitioners.

Ms. Rosy Atoria, assistant manager (Human Resources) Mahle filter system India Ltd.

Parwanoo with Shri Ankush Sharma, Advocate vice Csl. for respondent.

It has been stated by Ms. Rosy Atoria that a settlement has already been effected between

the parities. She further made it clear that settlement, so arrived at between the parties, was also got

registered with Labour Inspector, Parwanoo.

As per my previous order dated 3-10-2013, parties had been directed to be produced before

this court. Despite that order, petitioner (Smt. Kalpana), is not present.

For what has been stated before this court by Ms. Rosy Atoria, I feel satisfied that a

settlement has already been effected between the parties. I may observe that had it been not so, the

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petitioner, in all probability, was to appear before this court in order to state her version that no

such alleged settlement has taken place between the parties.

Thus, I proceed to record the statement of Ms. Rosy Atoria, which is recorded accordingly.

In view of the statement made by Ms. Rosy Atoria, this reference stands answered in terms

of copy of settlement Ex. RA which shall form part and parcel of this order/award. Let a copy of

this order/award be sent to the appropriate government for publication in the official gazette. File,

after completion, be consigned to records.

Announced: 28/10/2013.

Sd/-

Presiding Judge,

Labour Court, Shimla.

_________

Ref. 79 of 2010.

Smt. Kalpana v/s m/s V.N. contractor, Parwanoo 28-10-2013.

Present:

Shri J.C. Bhardwaj, A.R for petitioners.

Ms. Rosy Atoria, assistant manager (Human Resources) Mahle filter system India Ltd.

Parwanoo with Shri Ankush Sharma, Advocate vice Csl for respondent.

It has been stated by Ms. Rosy Atoria that a settlement has already been effected between

the parties. She further made it clear that settlement, so arrived at between the parties, was also got

registered with labour inspector, Parwanoo.