Himachal Pradesh Gazette, No. 52, 13 June 2017

राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित मंगलवार, 13 जून, 2017/23 ज्येष्ठ, 1939

हिमाचल प्रदेश सरकार

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 28th November, 2016

No.:11-1/85(Lab)ID/2016/Kangra.—Whereas Shri Uttam Chand S/O Shri Nikka Ram, R/O V.P.O. Aundh, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice dated nil received in Labour Office Kangra at Dharamshala on 13-06-2011 regarding his illegal termination 52-राजपत्र/2017-13-06-2017 (2085) 2086 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 from the services by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P.The Labour Officer-cum-Conciliation Officer Kangra at Dharamshala, District Kangra, H.P. tried to settle the industrial dispute amicably, but the same could not be settled during the course of conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Kangra at Dharamshala was considered, examined and the Labour Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above worker had raised the dispute at a belated stage of about 19 years and therefore declined the reference of the dispute vide order dated 31-08-2013;

And whereas Shri Uttam Chand S/O Shri Nikka Ram agitated the above orders of declining of reference of his industrial dispute to the Ld. Labour Court before the Hon'ble High Court of Himachal Pradesh vide CWP No. 637/2016. The Hon'ble High Court of Himachal Pradesh has disposed off the CWP on dated 28-03-2016 and directed the respondents to consider the case of the petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon'ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State Electricity Board and others. The operative part of the said judgment is reproduced as follows:—

"3. In the given circumstances, we deem it proper to direct the respondents to consider the

case of the petitioners, in terms of the judgment (supra), and make a decision within eight

weeks. The said judgment shall form part of this judgment also.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if any."

Therefore in view of above the undersigned while exercising the powers vested by the Government of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section-10 of the Industrial Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/issues for legal adjudication:—

"Whether the alleged termination of services of Shri Uttam Chand S/O Shri Nikka Ram, R/O V.P.O. Aundh, Tehsil Nurpur, District Kangra, H.P. during year, 1992 by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P., who had worked on daily wages as beldar and has raised his industrial dispute after about 19 years vide demand notice dated nil received in the Labour Office Kangra at Dharamshala on 13-06-2011, without complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view delay of about 19 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex- worker is entitled to from the above employers/management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

2087 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 18th November, 2016

No.:11-3/93(Lab)ID/2016/Solan.—It appears to the undersigned that an industrial dispute exists between Shri Virender Chauhan S/O Shri Ram Singh, Shri Sanjay Verma S/O Shri Rajinder Verma, Smt. Sushma Chauhan W/O Shri Virender Chauhan through Shri J.C. Bhardwaj, President, H.P. A.I.T.U.C., HQ: Saproon, District Solan, H.P. and the Managing Director, M/S Marketing & Processing Corporation Limited, HPMC, Nigam Bihar, Shimla, H.P. and the Deputy General Manager, M/S Marketing & Processing Corporation Limited, HPMC, Cold Storage, Sector-2, Parwanoo, District Solan, H.P. on the issue of alleged regularization.

As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but could not succeed. The report so received has been considered by the undersigned and as per power vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—

"Whether the demands raised by Shri Virender Chauhan S/O Shri Ram Singh, Shri Sanjay Verma S/O Shri Rajinder Verma, Smt. Sushma Chauhan W/O Shri Virender Chauhan through Shri J.C. Bhardwaj, President, H.P. A.I.T.U.C., HQ: Saproon, District Solan, H.P. to regularize their services in the Himachal Pradesh Horticulture Produce Marketing and Processing Corporation Limited, Nigam Vihar, Shimla-2 and granting them pay scales, allowances, other service benefits corresponding to same or similar category of employees of the said corporation raised before the Managing Director, M/S Marketing & Processing Corporation Limited, HPMC, Nigam Bihar, Shimla, H.P. and the Deputy General Manager, M/S Marketing & Processing Corporation Limited, HPMC, Cold Storage, Sector-2, Parwanoo, District Solan, H.P. vide demand notice dated nil received in Labour Office Solan on 05-03-2016 (copy enclosed) are legal and justified? If yes, retrospectively from which date, what monitory and other service benefits the employees/workers employed in the above Corporation are entitled to from the above employers/Management?"

By order, Sd/- Joint Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 26th October, 2016

No.:11-1/85(Lab)ID/2013/Kangra.—Whereas Shri Bhupal Singh S/O Shri Pirthi Singh, R/O V.P.O. Kopra, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice dated nil received in Labour Office Dharamshala on 13-06-2011 regarding his illegal termination from the 2088 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 services by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P.The Labour Officercum- Conciliation Officer Dharamshala, District Kangra, H.P. tried to settle the industrial dispute amicably, but the same could not be settled during the course of conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala was considered, examined and the Labour Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above worker had raised the dispute at a belated stage of more than 23 years and therefore declined the reference of the dispute vide order dated 31-08-2013;

And whereas Shri Bhupal Singh S/O Shri Pirthi Singh agitated the above orders of declining of reference of his industrial dispute to the Ld. Labour Court before the Hon'ble High Court of Himachal Pradesh vide CWP No. 638/2016. The Hon'ble High Court of Himachal Pradesh has disposed off the CWP on dated 29-03-2016 and directed the respondents to consider the case of the petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon'ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State Electricity Board and others. The operative part of the said judgment is reproduced as follows:—

"3. In the given circumstances, we deem it proper to direct the respondents to consider the

case of the petitioners, in terms of the judgment (supra), and make a decision within eight

weeks. The said judgment shall form part of this judgment also.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if any."

"Whether the alleged termination of services of Shri Bhupal Singh S/O Shri Pirthi Singh, R/O V.P.O. Kopra, Tehsil Nurpur, District Kangra, H.P. during July, 1987 by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P., who had worked on daily wages as beldar and has raised his industrial dispute after more than 23 years vide demand notice dated nil received in the Labour Office Dharamshala on 13-06-2011, without complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view delay of more than 23 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employers/management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

2089 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 26th October, 2016

No.:11-1/85(Lab)ID/2014/Kangra.—Whereas Shri Chadu Ram S/O Shri Seto Ram, R/O V.P.O. Aund, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice dated nil received in Labour Office Dharamshala on 29-11-2012 regarding his illegal termination from the services by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the ExecutiveEngineer, H.P.P.W.D., Division Jawali, District Kangra, H.P.The Labour Officer-cum- Conciliation Officer Dharamshala, District Kangra, H.P. tried to settle the industrial dispute amicably, but the same could not be settled during the course of conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala was considered, examined and the Deputy Labour Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above worker had raised the dispute at a belated stage of more than 21 years and therefore declined the reference of the dispute vide order dated 15-12-2014;

And whereas Shri Chadu Ram S/O Shri Seto Ram agitated the above orders of declining of reference of his industrial dispute to the Ld. Labour Court before the Hon'ble High Court of Himachal Pradesh vide CWP No. 1068/2016. The Hon'ble High Court of Himachal Pradesh has disposed off the CWP on dated 01-06-2016 and directed the respondents to consider the case of the petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon'ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State Electricity Board and others. The operative part of the said judgment is reproduced as follows:—

"3. In the given circumstances, we deem it proper to direct the respondents to consider the

case of the petitioners, in terms of the judgment (supra), and make a decision within eight

weeks. The said judgment shall form part of this judgment also.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if any."

"Whether the alleged termination of services of Shri Chadu Ram S/O Shri Seto Ram, R/O V.P.O. Aund, Tehsil Nurpur, District Kangra, H.P. during year, 1990 by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P., who had worked on daily wages as beldar and has raised his industrial dispute after more than 21 years vide demand notice dated nil received in the office on 29-11-2012, without complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view delay of more2090 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 than 21 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employers/management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 26th October, 2016

No.:11-1/85(Lab)ID/2013/Kangra.—Whereas Shri Chowkas Ram S/O Shri Bhagat Ram, R/O V.P.O. Aundh, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice dated nil received in Labour Office Dharamshala on 13-06-2011 regarding his illegal termination from the services by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P.The Labour Officer-cum- Conciliation Officer Dharamshala, District Kangra, H.P. tried to settle the industrial dispute amicably, but the same could not be settled during the course of conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala was considered, examined and the Labour Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above worker had raised the dispute at a belated stage of about 21 years and therefore declined the reference of the dispute vide order dated 31-08-2013;

And whereas Shri Chowkas Ram S/O Shri Bhagat Ram agitated the above orders of declining of reference of his industrial dispute to the Ld. Labour Court before the Hon'ble High Court of Himachal Pradesh vide CWP No. 925/2016. The Hon'ble High Court of Himachal Pradesh has disposed off the CWP on dated 05-05-2016 and directed the respondents to consider the case of the petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon'ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State Electricity Board and others. The operative part of the said judgment is reproduced as follows:—

"3. In the given circumstances, we deem it proper to direct the respondents to consider the

case of the petitioners, in terms of the judgment (supra), and make a decision within eight

weeks. The said judgment shall form part of this judgment also.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if any."

Therefore in view of above the undersigned while exercising the powers vested by the Government of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section-10 of the Industrial2091 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/issues for legal adjudication:—

"Whether the alleged termination of services of Shri Chowkas Ram S/O Shri Bhagat Ram, R/O V.P.O. Aundh, Tehsil Nurpur, District Kangra, H.P. during year, 1990 by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P., who had worked on daily wages as beldar and has raised his industrial dispute after about 21 years vide demand notice dated nil received in the Labour Office Dharamshala on 13-06-2011, without complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view delay of about 21 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employers/management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 22nd October, 2016

No.:11-5/99(Lab)ID/2016/Chamba.—Whereas the Labour Officer-cum-Conciliation Officer, Chamba has submitted a report as provided under Section-12(4) of the Industrial Disputes Act, 1947 stating that there was an alleged industrial dispute in between Shri Hanif Mohmad, S/O Shri Noor Deen, R/O Village Thakoli, P.O. Sihunta, Tehsil Bhatiyat, District Chamba, H.P. and the Executive Engineer/Additional Superintending Engineer, Electrical Division H.P.S.E.B.L., Dalhousie, District Chamba, H.P. as per demand notice dated 10-06-2015 submitted by the said ex- worker regarding his alleged termination of services.

Whereas, the Labour Officer-cum-Conciliation Officer, has incorporated in the report that during the course of conciliation proceedings for the purpose of bringing about a legal and amicable settlement, all matters affecting the settlement were investigated and has made all efforts for the purpose of inducing the parties to come to legal, fair and amicable settlement of the said dispute. However, no such settlement could be arrived at in between the parties to the industrial dispute.

Whereas, undersigned while exercising the power vested as provided under subsection-5 of Section-12 of the Act ibid carefully examined the report and come to the conclusion that above ex- worker had raised the dispute of alleged illegal termination from the services during January, 1999 before the above employer after delay of more than 16 years and has worked only for 100 and 29 days during the years 1998 and 1999 respectively.

2092 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Therefore, in view of the above facts and circumstances, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006- IV-Loose, Dated 15th February 2014 and as provided in Sub Section-1 of Section-10 of the Industrial Disputes Act, 1947 (14 of 1947) and keeping in view the latest judgments of the Hon'ble High Court of Himachal Pradesh, Shimla about the declining the references to the Labour Court for adjudication, formed an opinion to refer this dispute to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, for legal adjudication on following issue:—

"Whether alleged termination of the services of Shri Hanif Mohmad, S/O Shri Noor Deen, R/O Village Thakoli, P.O. Sihunta, Tehsil Bhatiyat, District Chamba, H.P. during December, 1988 by the Executive Engineer/Additional Superintending Engineer, Electrical Division H.P.S.E.B.L., Dalhousie, District Chamba, H.P. who has worked as beldar on daily wages basis and has raised his industrial dispute vide demand notice dated 27-08-2015 after delay of more than 27 years, without complying with the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, keeping in view of working period of 81 days and delay of more than 27 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employer/management? "

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 26th October, 2016

No.:11-1/85(Lab)ID/2013/Kangra.—Whereas Shri Hans Raj S/O Shri Biro Ram, R/O V.P.O. Aundh, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice dated nil received in Labour Office Dharamshala on 13-06-2011 regarding his illegal termination from the services by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P.The Labour Officercum-Conciliation Officer Dharamshala, District Kangra, H.P. tried to settle the industrial dispute amicably, but the same could not be settled during the course of conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala was considered, examined and the Labour Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above worker had raised the dispute at a belated stage of more than 25 years and therefore declined the reference of the dispute vide order dated 22-08-2013;

And whereas Shri Hans Raj S/O Shri Biro Ram agitated the above orders of declining of reference of his industrial dispute to the Ld. Labour Court before the Hon'ble High Court of Himachal Pradesh vide CWP No. 640/2016. The Hon'ble High Court of Himachal Pradesh has disposed of the CWP on dated 29-03-2016 and directed the respondents to consider the case of the petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon'ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State Electricity Board and others. The operative part of the said judgment is reproduced as follows:—

2093 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

"3. In the given circumstances, we deem it proper to direct the respondents to consider the

case of the petitioners, in terms of the judgment (supra), and make a decision within eight

weeks. The said judgment shall form part of this judgment also.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if any."

"Whether the alleged termination of services of Shri Hans Raj S/O Shri Biro Ram, R/O V.P.O. Aundh, Tehsil Nurpur, District Kangra, H.P. during January, 1986 by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P., who had worked on daily wages as beldar and has raised his industrial dispute after more than 25 years vide demand notice dated nil received in the Labour Office,Dharamshala on 13-06-2011, without complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view delay of more than 25 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employers/management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 5th October, 2016

No.:11-23/84(Lab)ID/2016/Una.—It appears to the undersigned that an industrial dispute exists between Shri Jagdish Singh S/O Shri Pushkar Singh, R/O V.P.O. Kanda, Tehsil Jakholi, District Rudra Prayag, Uttrakhand and the Employer, M/S Youngman Synthetics, Village Gondpur Jaichand, Tehsil Haroli, District Una, H.P. on the issue of alleged termination of his services from 18-03-2014.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as 2094 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—

"Whether termination of services of Shri Jagdish Singh S/O Shri Pushkar Singh, R/O V.P.O. Kanda, Tehsil Jakholi, District Rudra Prayag, Uttrakhand w.e.f. 18-03-2014 by the Employer, M/S Youngman Synthetics, Village Gondpur Jaichand, Tehsil Haroli, District Una, H.P., without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employer?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 7th October, 2016

No.:11-23/84(Lab)ID/2016/Mandi.—It appears to the undersigned that an industrial dispute exists between Shri Jhomfi Ram S/O Shri Munshi Ram, R/O V.P.O. Chalaharg, Tehsil Joginder Nagar, District Mandi, H.P. and the Executive Engineer, B&R Division, H.P.P.W.D. Joginder Nagar, District Mandi, H.P. on the issue of alleged time to time termination of his services during February, 1999 to 31-08-2006.

"Whether time to time termination of services of Shri Jhomfi Ram S/O Shri Munshi Ram, R/O V.P.O. Chalaharg, Tehsil Joginder Nagar, District Mandi, H.P. during February, 1999 to 31-08-2006 by the Executive Engineer, B&R Division, H.P.P.W.D. Joginder Nagar, District Mandi, H.P., without complying with the provisions of the Industrial Disputes Act,2095 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 1947, is legal and justified? If not, what amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employer?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 26th October, 2016

No.:11-1/85(Lab)ID/2013/Kangra.—Whereas Shri Om Prakash S/O Shri Sahib Singh, R/O Village Sadwan, P.O. Sadwan, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice dated nil received in Labour Office Dharamshala on 13-06-2011 regarding his illegal termination from the services by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P.The Labour Officer-cum-Conciliation Officer Dharamshala, District Kangra, H.P. tried to settle the industrial dispute amicably, but the same could not be settled during the course of conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala was considered, examined and the Labour Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above worker had raised the dispute at a belated stage of about 21 years and therefore declined the reference of the dispute vide order dated 22-08-2013;

And whereas Shri Om Prakash S/O Shri Sahib Singh agitated the above orders of declining of reference of his industrial dispute to the Ld. Labour Court before the Hon'ble High Court of Himachal Pradesh vide CWP No. 1044/2016. The Hon'ble High Court of Himachal Pradesh has disposed off the CWP on dated 24-05-2016 and directed the respondents to consider the case of the petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon'ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State Electricity Board and others. The operative part of the said judgment is reproduced as follows:-

"3. In the given circumstances, we deem it proper to direct the respondents to consider the

case of the petitioners, in terms of the judgment (supra), and make a decision within eight

weeks. The said judgment shall form part of this judgment also.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if any."

Therefore in view of above the undersigned while exercising the powers vested by the Government of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section-10 of the Industrial Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial 2096 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/issues for legal adjudication:—

"Whether the alleged termination of services of Shri Om Prakash S/O Shri Sahib Singh, R/O Village Sadwan, P.O. Sadwan, Tehsil Nurpur, District Kangra, H.P. during year, 1990 by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P., who had worked on daily wages as beldar and has raised his industrial dispute after about 21 years vide demand notice dated nil received in the Labour Office Dharamshala on 13-06-2011, without complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view delay of about 21 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employers/management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 26th October, 2016

No.:11-1/85(Lab)ID/2013/Kangra.—Whereas Shri Som Lal S/O Shri Pundu Ram, R/O Village Keyod Garian, P.O. Chowki, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice dated nil received in Labour Office Dharamshala on 13-06-2011 regarding his illegal termination from the services by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P.The Labour Officer-cum-Conciliation Officer Dharamshala, District Kangra, H.P. tried to settle the industrial dispute amicably, but the same could not be settled during the course of conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala was considered, examined and the Labour Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above worker had raised the dispute at a belated stage of about 21 years and therefore declined the reference of the dispute vide order dated 31-08-2013;

And whereas Shri Som Lal S/O Shri Pundu Ram agitated the above orders of declining of reference of his industrial dispute to the Ld. Labour Court before the Hon'ble High Court of Himachal Pradesh vide CWP No. 780/2016. The Hon'ble High Court of Himachal Pradesh has disposed off the CWP on dated 07-04-2016 and directed the respondents to consider the case of the petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon'ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State Electricity Board and others. The operative part of the said judgment is reproduced as follows:—

2097 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

"3. In the given circumstances, we deem it proper to direct the respondents to consider the

case of the petitioners, in terms of the judgment (supra), and make a decision within eight

weeks. The said judgment shall form part of this judgment also.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if any."

"Whether the alleged termination of services of Shri Som Lal S/O Shri Pundu Ram, R/O Village Keyod Garian, P.O. Chowki, Tehsil Nurpur, District Kangra, H.P. during year, 1990 by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P., who had worked on daily wages as beldar and has raised his industrial dispute after about 21 years vide demand notice dated nil received in the Labour Office Dharamshala on 13-06-2011, without complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view delay of about 21 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employers/management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 26th October, 2016

No.:11-1/85(Lab)ID/2014/Kangra.—Whereas Shri Surinder Kumar S/O Shri Babu Ram, R/O Village Batka, P.O. Kopra, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice dated nil received in the office on 13-06-2011 regarding his illegal termination from the services by the Executive Engineer, H.P.P.W.D. Jawali, District Kangra, H.P. The Labour Officer-cum- Conciliation Officer Dharamshala, District Kangra, H.P. tried to settle the industrial dispute amicably, but the same could not be settled during the course of conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala was considered, examined and the Deputy Labour Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above worker had raised the dispute at a belated stage of about 21 years and therefore declined the reference of the dispute vide order dated 18-11-2014;

2098 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 And whereas Shri Surinder Kumar S/O Shri Babu Ram agitated the above orders of declining of reference of his industrial dispute to the Ld. Labour Court before the Hon'ble High Court of Himachal Pradesh vide CWP No. 1035/2016. The Hon'ble High Court of Himachal Pradesh has disposed off the CWP on dated 19-05-2016 and directed the respondents to consider the case of the petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon'ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State Electricity Board and others. The operative part of the said judgment is reproduced as follows:—

"3. In the given circumstances, we deem it proper to direct the respondents to consider the

case of the petitioners, in terms of the judgment (supra), and make a decision within eight

weeks. The said judgment shall form part of this judgment also.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if any."

"Whether alleged termination of services of Shri Surinder Kumar S/O Shri Babu Ram, R/O Village Batka, P.O. Kopra, Tehsil Nurpur, District Kangra, H.P. w.e.f. 01-06-1990 by the Executive Engineer, H.P.P.W.D. Jawali, District Kangra, H.P., who had worked on daily wages as beldar and has raised his industrial dispute after about 21 years vide demand notice dated nil received in the office on 13-06-2011, without complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view delay of about 21 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employer/management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 9th September, 2016

No.: 11-5/99(Lab)ID/2016/Chamba.—It appears to the undersigned that an industrial dispute exists between Shri Abreek S/O Shri Lakha through Shri I.S. Jaryal, General Secretary, District Committee (AITUC), CHEP Stage-II, Karian P.O. Hardaspura, Tehsil & District Chamba, H.P. and the Divisional Forest Officer, Chamba Forest Division, Chamba, District Chamba, H.P. on the issue of alleged time to time termination of his services during April, 2000 to August, 2014 and finally during August, 2014.

2099 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

"Whether time to time termination of the services of Shri Abreek S/O Shri Lakha through Shri I.S. Jaryal, General Secretary, District Committee (AITUC), CHEP Stage-II, Karian P.O. Hardaspura, Tehsil & District Chamba, H.P. during April, 2000 to August, 2014 and finally during August, 2014 by the Divisional Forest Officer, Chamba Forest Division, Chamba, District Chamba, H.P., without complying with the provisions of the Industrial Disputes Act, 1947 , is legal and justified? If not, what amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employer?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 19th September, 2016

No.: 11-1/85(Lab)ID/2016/Kangra.—It appears to the undersigned that an industrial dispute exists between Shri Ashish Kumar Srivastva S/O Shri Kripa Shankar, R/O V.P.O. Sourut, Tehsil Indaei, Allahabad, U.P. and (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. on the issue of alleged termination of his services during February, 2016 and non payment of arrear of wages.

As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the Conciliation Officer, he tried his level best to investigate & settle the dispute during investigation/ conciliation proceedings but could not succeed. The report so received has been considered by the undersigned and as per power vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.

2100 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947) read with Section 17(2) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955, this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—

"Whether termination of services Shri Ashish Kumar Srivastva S/O Shri Kripa Shankar, R/O V.P.O. Sourut, Tehsil Indaei, Allahabad, U.P. during February, 2016 by (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. who has worked with the above employer as Unit Attendant, without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what relief including reinstatement, amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employers/Management?"

"Whether the action of the employers i.e. (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. not to pay arrear of wages amounting to Rs. 18,21,820.82/- to Shri Ashish Kumar Srivastva S/O Shri Kripa Shankar, R/O V.P.O. Sourut, Tehsil Indaei, Allahabad, U.P. as difference of wages actually drawn and due as per recommendations of the Majithia Wage Boards (copy of claim enclosed) constituted under Section 9 & 13 (C) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955 is legal and justified? If not, what amount of relief/arrear, alongwith interest the aggrieved workman is entitled to from the above employers/Management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 19th September, 2016

No.: 11-1/85(Lab)ID/2016/Kangra.—It appears to the undersigned that an industrial dispute exists between Shri Chandra Narayan Shukla S/O Shri Gayatri Prashad Shukla, R/O Village Budauni (Shuklan), P.O. Atarampur, Jayagadh, Allahabad, U.P. and (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. on the issue of alleged termination of his services during February, 2016 and non payment of arrear of wages.

2101 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the Conciliation Officer, he tried his level best to investigate & settle the dispute during investigation/conciliation proceedings but could not succeed. The report so received has been considered by the undersigned and as per power vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947) read with Section 17(2) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955, this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—

"Whether termination of services of Shri Chandra Narayan Shukla S/O Shri Gayatri Prashad Shukla, R/O Village Budauni (Shuklan), P.O. Atarampur, Jayagadh, Allahabad, U.P. during February, 2016 by (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. who has worked with the above employer as Junior Keyboard Operator, without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what relief including reinstatement, amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employers/Management?" "Whether the action of the employers i.e. (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. not to pay arrear of wages amounting to Rs. 27,59,823/- to Shri Chandra Narayan Shukla S/O Shri Gayatri Prashad Shukla, R/O Village Budauni (Shuklan), P.O. Atarampur, Jayagadh, Allahabad, U.P. as difference of wages actually drawn and due as per recommendations of the Majithia Wage Boards (copy of claim enclosed) constituted under Section 9 & 13 (C) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955 is legal and justified? If not, what amount of relief/arrear, alongwith interest the aggrieved workman is entitled to from the above employers/Management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 9th September, 2016

No.: 11-5/99(Lab)ID/2016/Chamba.—It appears to the undersigned that an industrial dispute exists between Shri Daleep Singh S/O Shri Sridhar through Shri I.S. Jaryal, General Secretary, District Committee (AITUC), CHEP Stage-II, Karian P.O. Hardaspura, Tehsil & District 2102 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Chamba, H.P. and the Divisional Forest Officer, Chamba Forest Division, Chamba, District Chamba, H.P. on the issue of alleged time to time termination of his services during August, 2009 to July, 2014 and finally during July, 2014.

"Whether time to time termination of the services of Shri Daleep Singh S/O Shri Sridhar through Shri I.S. Jaryal, General Secretary, District Committee (AITUC), CHEP Stage-II, Karian P.O. Hardaspura, Tehsil & District Chamba, H.P. during August, 2009 to July, 2014 and finally during July, 2014 by the Divisional Forest Officer, Chamba Forest Division, Chamba, District Chamba, H.P., without complying with the provisions of the Industrial Disputes Act, 1947 , is legal and justified? If not, what amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employer?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 8th September, 2016

No.: 11-23/84(Lab)ID/2016/Mandi.—Whereas the Labour Officer-cum-Conciliation Officer, Mandi has submitted a report as provided under Section-12(4) of the Industrial Disputes Act, 1947 stating that there was an alleged industrial dispute in between Shri Ishwar Dass S/O Shri Amar Singh, R/O Village Karadwhan, P.O. Chowk, Tehsil Sarkaghat, District Mandi, H.P. and (i) the Superintending Engineer, H.P.P.W.D. 1st Circle, Mandi, District Mandi, H.P. (ii)the Executive Engineer, B&R Division, H.P.P.W.D. Sarkaghat, District Mandi, H.P. as per demand notice dated 10-06-2015 submitted by the said ex-worker regarding his alleged termination of services.

2103 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

Whereas, undersigned while exercising the power vested as provided under sub- section-5 of Section-12 of the Act ibid carefully examined the report and come to the conclusion that above ex-worker had raised the dispute of alleged illegal termination from the services during February, 1998 before the above employer after delay of more than 17 years and has worked only for 47 and 50 days during the years 1997 and 1998 respectively.

Therefore, in view of the above facts and circumstances, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006- IV-Loose, Dated 15th February 2014 and as provided in Sub Section-1 of Section-10 of the Industrial Disputes Act, 1947 (14 of 1947) and keeping in view the latest judgments of the Hon'ble High Court of Himachal Pradesh, Shimla about the declining the references to the Labour Court for adjudication, formed an opinion to refer this dispute to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, for legal adjudication on following issue:—

"Whether alleged termination of the services of Shri Ishwar Dass S/O Shri Amar Singh, R/O Village Karadwhan, P.O. Chowk, Tehsil Sarkaghat, District Mandi, H.P. during February, 1998 by (i) the Superintending Engineer, H.P.P.W.D. 1st Circle, Mandi, District Mandi, H.P. (ii) the Executive Engineer, B&R Division, H.P.P.W.D. Sarkaghat, District Mandi, H.P. who has worked as beldar on daily wages basis only for 47 and 50 days during the years 1997 and 1998 respectively and has raised his industrial dispute vide demand notice dated 10-06-2015 after delay of more than 17 years, without complying with the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, keeping in view of working period stated above and delay of more than 17 years in raising the industrial dispute, what amount of back wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employers/management? "

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 19th September, 2016

No.: 11-1/85(Lab)ID/2016/Kangra.—It appears to the undersigned that an industrial dispute exists between Shri Kapil Dev S/O Shri Mohar Singh, R/O Village Ansoli, P.O. Nadhehar, Tehsil & District Kangra, H.P. and (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. on the issue of alleged termination of his services during February, 2016 and non payment of arrear of wages.

2104 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947) read with Section 17(2) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955, this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—

"Whether termination of services of Shri Kapil Dev S/O Shri Mohar Singh, R/O Village Ansoli, P.O. Nadhehar, Tehsil & District Kangra, H .P. during February, 2016 by (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. who has worked with the above employer as Junior Keyboard Operator, without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what relief including reinstatement, amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employers/Management?"

"Whether the action of the employers i.e. (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. not to pay arrear of wages amounting to Rs. 17,69,579.40/- to Shri Kapil Dev S/O Shri Mohar Singh, R/O Village Ansoli, P.O. Nadhehar, Tehsil & District Kangra, H.P. as difference of wages actually drawn and due as per recommendations of the Majithia Wage Boards (copy of claim enclosed) constituted under Section 9 & 13 (C) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955 is legal and justified? If not, what amount of relief/arrear, alongwith interest the aggrieved workman is entitled to from the above employers/Management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 19th September, 2016

No.: 11-1/85(Lab)ID/2016/Kangra.—It appears to the undersigned that an industrial dispute exists between Shri Mritunjaya Kumar Jha S/O Late Shri Sudhir Kumar Jha, R/O Village Patuaha, Tehsil Kahara, District Saharasa, Bihar and (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. on the issue of alleged termination of his services during February, 2016 and non payment of arrear of wages.

2105 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the Conciliation Officer, he tried his level best to investigate & settle the dispute during investigation/conciliation proceedings but could not succeed. The report so received has been considered by the undersigned and as per power vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947) read with Section 17(2) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955 this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—

"Whether termination of services of Shri Mritunjaya Kumar Jha S/O Late Shri Sudhir Kumar Jha, R/O Village Patuaha, Tehsil Kahara, District Saharasa, Bihar during February, 2016 by (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. who has worked with the above employer as Unit Attendant, without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what relief including reinstatement, amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employers/Management?"

"Whether the action of the employers i.e. (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. not to pay arrear of wages amounting to Rs. 18,61,412.91/- to Shri Mritunjaya Kumar Jha S/O Late Shri Sudhir Kumar Jha, R/O Village Patuaha, Tehsil Kahara, District Saharasa, Bihar as difference of wages actually drawn and due as per recommendations of the Majithia Wage Boards (copy of claim enclosed) constituted under Section 9 & 13 (C) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955 is legal and justified? If not, what amount of relief/arrear, alongwith interest the aggrieved workman is entitled to from the above employers/Management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 19th September, 2016

No.: 11-1/85(Lab)ID/2016/Kangra.—It appears to the undersigned that an industrial dispute exists between Shri Mukesh Kumar S/O Shri Sanjay Kumar Yadav, R/O V.P.O. Diwari, P.O. Sonbarasa Kachiyari, District Saharasa, Bihar and (i) the Managing Director, M/S Jagran 2106 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. on the issue of alleged termination of his services during February, 2016 and non payment of arrear of wages.

As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the Conciliation Officer, he tried his level best to investigate & settle the dispute during investigation/conciliation proceedings but could not succeed. The report so received has been considered by the undersigned and as per power vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of 1947) read with Section 17(2) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955 this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—

"Whether termination of services of Shri Mukesh Kumar S/O Shri Sanjay Kumar Yadav, R/O V.P.O. Diwari, P.O. Sonbarasa Kachiyari, District Saharasa, Bihar during February, 2016 by (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. who has worked with the above employer as Unit Attendant, without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what relief including reinstatement, amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employers/Management?"

"Whether the action of the employers i.e. (i) the Managing Director, M/S Jagran Prakashan, Jagran Building, Sarvodyanagar, Kanpur, U.P. (ii) the Chief Executive Officer, M/S Jagran Prakashan Limited, Plot No. 210, Sector-63, Noida, U.P. (iii) the General Manager, M/S Jagran Prakashan Limited, Village Banoi, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. not to pay arrear of wages amounting to Rs. 18,41,887.55/- to Shri Mukesh Kumar S/O Shri Sanjay Kumar Yadav, R/O V.P.O. Diwari, P.O. Sonbarasa Kachiyari, District Saharasa, Bihar as difference of wages actually drawn and due as per recommendations of the Majithia Wage Boards (copy of claim enclosed) constituted under Section 9 & 13 (C) of the Working Journalists and Other News Paper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955 is legal and justified? If not, what amount of relief/arrear, alongwith interest the aggrieved workman is entitled to from the above employers/Management?"

By order, Sd/- Deputy Labour Commissioner Himachal Pradesh.

2107 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 शहरी विकास विभाग

अधिसूूचना

शिमला-2, 8 जून, .2017

संंख्या यूू0डी0ए0(1)-4/2016.--हिमाचल प्र्रदेेश केे राज्यपाल, हिमाचल प्र्रदेेश नगरपालिका निर्वाचन नियम, 2015 केे नियम 90 केे उप नियम (6) केे साथ पठित हिमाचल प्र्रदेेश नगरपालिका अधिनियम, 1994 (1994 का अधिनियम संख्यांक 13) की धारा 27 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, जिला मण्डी में नगर पंचायत सरकाघाट की बाबत अध्यक्ष और उपाध्यक्ष के निर्वाचन को निम्न प्रकार से राजपत्र मे अधिसूचित करते हैंः--

नगर पालिका परिषद्‌/नगर पंचायत का नाम	निर्वाचित अध्यक्ष का नाम और पता	निर्वाचित उपाध्यक्ष का नाम व पता
नगर पंचायत सरकाघाट	श्री संदीप, कुनालाग वार्ड न0 5 सरकाघाट, तहसील सरकाघाट, जिला मण्डी हि0प्र0	श्रीमति सरोज कुमारी तातीह, वार्ड न0 1 सरकाघाट तहसील सरकाघाट, जिला मण्डी हि0प्र0

आदेश द्वारा, आर0 डी0 धीमान, प्रधाान सचिव (शहरी विकास)।

----------

[Authoritative English Text of notification No.UD-A(1)-4/2016, dated 08-06-2017 as required under

clause(3) of article 348 of the Constitution of India.]

URBAN DEVELOPMENT DEPARTMENT

NOTIFICATION

Shimla-2, the 8th June, 2017

No.UD-A (1)-4/2016.—In exercise of the powers conferred by sub-section (1) of section 27 of the Himachal Pradesh Municipal Act, 1994 (Act No.13 of 1994) read with sub- rule (6) of rule 90 of the Himachal Pradesh Municipal Election Rules, 2015, the Governor of Himachal Pradesh is pleased to notify in the Official Gazette election of President and Vice-President in respect of Nagar Panchayat, Sarkaghat in District Mandi, as under:—

Name of Municipal Council/Nagar Panchayat	Name & Address of Elected President	Name & Address of Elected Vice-President.
Nagar Panchayat Sarkaghat	Sh. Sandeep, Kunalag Ward Tehsil No. 5 Sarkaghat Sarkaghat Distt. Mandi HP.	Smt. Saroj Kumari, Tatih, Ward No. 1, Sarkaghat Tehsil Sarkaghat Distt. Mandi HP.

By order, R. D. DHIMAN, Principal Secretary (UD).

2108 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 शहरी विकास विभाग

अधिसूचना

शिमला-2, 8 जून, 2017

संख्याः यू0 डी0-ए0 (1) 8/2005.--हिमाचल प्रदेश के राज्यपाल, हिमाचल प्रदेश नगरपालिका अधिनियम, 1994 (1994 का अधिनियम संख्यांक 13) की धारा 5 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, इस अधिसूचना से संलग्न अनुसूची-"क" में विनिर्दिष्ट स्थानीय क्षेत्रों को नगरपालिका परिषद, घुमारवीं में सम्मिलित करने का प्रस्ताव करते हैं। उक्त स्थानीय क्षेत्रों को सम्मिलित किए जाने से संभाव्य प्रभावित होने वाले किसी/किन्ही हितबद्ध व्यक्ति/व्यक्तियों को यदि, इस अधिसूचना की बाबत कोई आक्षेप या सुझाव है/हैं तो वह/वेे उसे/उन्हे इस अधिसूचना के राजपत्र, हिमाचल प्रदेश में प्रकाशन की तारीख से छह सप्ताह के भीतर, उपायुक्त, बिलासपुर के माध्यम से प्रधान सचिव (शहरी विकास), हिमाचल प्रदेश सरकार को भेज सकेगा/भेज सकेंगे।

उपरोक्त नियत अवधि के भीतर प्राप्त आक्षेप या सुझाव, यदि कोई हों, पर प्रारूप अधिसूचना को अंतिम रूप देने से पूर्व सरकार द्वारा विचार किया जाएगा।

आदेश द्वारा, आर0 डी0 धीमान, प्रधान सचिव (शहरी विकास)।

-----------

अनुसूची- 'क' नगरपालिका परिषद, घुमारवीं की सीमाओं में सम्मिलित किए जाने वाले क्षेत्र

क्रम संख्या	मोहाल	खसरा नम्बर	क्षेत्र वीघा-विस्वा
1	लुहारवी हदवस्त नम्बर 440	276/148, 277/148, 308/149, 309/149, 280/150, 281/150, 282/150, 189, 212/1, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 310/233, 311/233, 234, 235, 236, 237, 238, 239, 240, 241, 334/242, 335/242, 336/243, 337/243, 296/244, 304/297, 312/305/244, 313/305/244, 314/305/244, 315/305/244, 321/ 305/244, 322/305/244, 338/323/316/244, 339/ 323/ 316/244, 340/323/316/244, 341/323/ 316/244, 342/323/316/244, 343/323/316/244, 344/323/ 316/244, 298/245, 299/245, 246, 247, 248, 317/249, 318/249	84-17
किते-56 कुल क्षेत्र 84-17 वीघा
क्रम संख्या	मोहाल	खसरा नम्बर	क्षेत्र
2	सिहल हदवस्त नम्बर 433	109, 112, 113, 114, 144, 201, 202, 203, 221, 222, 223, 225, 226, 330/227, 331/227, 228	23-03
किते-16 कुल क्षेत्र 23-03 वीघा

2109 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

[Authoritative English Text of the Government Notification No. UD-A(1)8/2005 dated 08-06-2017

as required under clause (3) of article 348 of the Constitution of India.]

URBAN DEVELOPMENT DEPARTMENT

NOTIFICATION

Shimla-2, the 8th June, 2017

No. UD-A(1)8/2005.—In exercise of the powers conferred by sub-section (1) of section 5 of the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of 1994), the Governor, Himachal Pradesh is pleased to propose to include within the Municipal Council, Ghumarwin, the local areas specified in Schedule "A", annexed to this Notification.

If any interested person who is likely to be affected by the inclusion of the said local areas and has any objection or suggestion with regard to this Notification, he/she may send the same to the Principal Secretary (Urban Development) to the Government of Himachal Pradesh through the Deputy Commissioner, Bilaspur within six weeks from the date of publication of the Notification in the Rajpatra, Himachal Pradesh.

The objection or suggestion, if any, received within the above stipulated period shall be taken into consideration by the Government before finalizing the draft notification.

By order, R. D. DHIMAN, Principal Secretary (UD).

___________

Schedule-'A' Inclusion of areas in the limits of Municipal Council, Ghumarwin

Sr. No.	Mohal	Khasra No.	Area Bigha- Biswa
1.	Luharwin hadbast No.440	276/148, 277/148, 308/149, 309/149, 280/150, 281/150, 2 82/150, 189, 212/1, 222, 223, 224, 225, 226, 227, 2 28, 229, 230, 231, 232, 310/233, 311/233, 234,235, 2 36, 237, 238, 239, 240, 241, 334/242, 335/242, 336/243, 337/243, 296/244, 304/297, 312/305/244, 3 13/305/244, 314/305/244, 315/305/244, 3 21/305/244, 322/305/244,	84—17
		338/323/316/244, 339/323/316/244, 3 40/323/316/244, 341/323/316/244, 3 42/323/316/244, 343/323/316/244, 3 44/323/316/244, 298/245, 299/245, 246, 2 47, 248, 317/249, 318/249
Kitte-56 Total Area 84—17 Bighas
Sr. No.	Mohal	Khasra No.	Area
2.	Sihal Hadbast No. 433	109, 112, 113, 114, 144, 201, 202, 203, 221, 222, 223, 225, 226, 330/227, 331/227, 228	23—03
Kitte – 16 Total Area 23—03 Bighas

2110 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171001

NOTIFICATION

Shimla the 30th May, 2017

No. HHC/Admn.6 (23)/74-XVI.—Hon'ble the Acting Chief Justice in exercise of the powers vested in him under Rule 2 (32) of Chapter 1 of H.P. Financial Rules, 2009 has been pleased to declare Civil Judge-cum-JMIC-II, Dehra, H.P. as Drawing and Disbursing Officer, in respect of the Court of Senior Civil Judge-cum-ACJM, Dehra and also the Controlling Officer for the purpose of salary, T.A. etc. in respect of establishment attached to the aforesaid Court during the earned leave period of Sh. Surya Parkash, Sr. Civil Judge-cum-ACJM, Dehra w.e.f. 31.5.2017 to 9.6.2017 with permission to suffix Second Saturday and Sunday falling on 10.6.2017 and 11.6.2017 or till he returns from leave.

By order, Sd/- Registrar General.

____________

HIGH COURT OF HIMACHAL PRADESH AT SHIMLA - 171 001

NOTIFICATION

Shimla the 1st June, 2017

No. HHC/Admn.6 (23)/74-XVI.—Hon'ble the Acting Chief Justice in exercise of the powers vested in him under Rule 2(32) of Chapter 1 of H.P. Financial Rules, 2009, has been pleased to declare the Additional District & Sessions Judge, Chamba as Drawing and Disbursing Officer in respect of the Court of District and Sessions Judge, Chamba and also the Controlling2111 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Officer for the purpose of T.A. etc. in respect of class-II, III and IV establishment attached to the aforesaid court under head "2014–Administration of Justice" during the earned leave period of Sh. Yogesh Jaswal, District and Sessions Judge, Chamba, HP w.e.f. 27.06.2017 to 07.07.2017 with permission to prefix Sunday and Gazetted holiday falling on 25.06.2017 & 26.06.2017 and suffix Second Saturday and Sunday falling on 08.07.2017 and 09.07.2017 or till he returns from earned leave.

By order, Sd/- Registrar General.

____________

HIGH COURT OF HIMACHAL PRADESH AT SHIMLA - 171 001

NOTIFICATION

Shimla the 31st May, 2017

No. HHC/Estt.3(406)/95-I.— 06 days commuted leave (without production of Medical Certificate) on and w.e.f. 01.06.2017 to 06.06.2017, is hereby sanctioned, in favour of Shri Gopal Swaroop Kaushal, Secretary of this Registry.

Certified that Shri Gopal Swaroop Kaushal is likely to join the same post and at the same station from where he proceeds on leave after the expiry of the above leave period.

Certified that Shri Gopal Swaroop Kaushal would have continued to officiate the same post of Secretary but for his proceeding on leave.

By order, Sd/- Registrar General.

____________

HIGH COURT OF HIMACHAL PRADESH AT SHIMLA - 171 001

NOTIFICATION

Shimla the 31st May, 2017

No. HHC/ Estt.3(516)/2001-I.—4 days earned leave w.e.f. 24.5.2017 to 27.5.2017 with permission to suffix Sunday on 28.5.2017 is hereby sanctioned, ex-postfacto, in favour of Shri Tilak Raj Sharma, Court Master of this Registry.

Certified that Shri Tilak Raj Sharma has joined the same post and at the same station from where he had proceeded on leave after the expiry of the above leave period.

Certified that Shri Tilak Raj Sharma would have continued to officiate the same post of Court Master but for his proceeding on leave.

By order, Sd/- Registrar General.

2112 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 HIGH COURT OF HIMACHAL PRADESH AT SHIMLA - 171 001

NOTIFICATION

Shimla the 31st May, 2017

No.HHC/Admn.3(391)/94-I.—5 days earned leave on and with effect from 5.6.2017 to 9.6.2017 with permission to prefix Sunday falling on 4.6.2017 and suffix second Saturday and Sunday falling on 10th & 11th June, 2017 is hereby sanctioned in favour of Shri Anil Kumar Sharma, Secretary of this Registry.

Certified that Shri Anil Kumar Sharma is likely to join the same post and at the same station from where he proceeds on leave after the expiry of the above leave period.

Certified that Shri Anil Kumar Sharma would have continued to officiate the same post of Secretary but for his proceeding on leave.

By order, Sd/- Registrar General.

____________

HIGH COURT OF HIMACHAL PRADESH AT SHIMLA - 171 001

NOTIFICATION

Shimla, the 31st May, 2017

No. HHC/Admn.3(398)/95-I.—5 days earned leave on and with effect from 5.6.2017 to 9.6.2017 with permission to prefix Sunday falling on 4.6.2017 and suffix second Saturday and Sunday falling on 10th & 11th June, 2017 is hereby sanctioned in favour of Shri M. L.Gandhi, Secretary of this Registry.

Certified that Shri M. L.Gandhi is likely to join the same post and at the same station from where he proceeds on leave after the expiry of the above leave period.

Certified that Shri M. L.Gandhi would have continued to officiate the same post of Secretary but for his proceeding on leave.

By order, Sd/- Registrar General.

2113 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 HIGH COURT OF HIMACHAL PRADESH AT SHIMLA - 171 001

NOTIFICATION

Shimla, the 31st May, 2017

No.HHC/ Admn.3(242)/86-I.—5 days earned leave on and with effect from 5.6.2017 to 9.6.2017 with permission to prefix Sunday falling on 4.6.2017 and suffix second Saturday and Sunday falling on 10th & 11th June, 2017 is hereby sanctioned in favour of Shri O.P.Sharma, Court Master of this Registry.

Certified that Shri O. P. Sharma is likely to join the same post and at the same station from where he proceeds on leave after the expiry of the above leave period.

Certified that Shri O. P. Sharma would have continued to officiate the same post of Court Master but for his proceeding on leave.

By order, Sd/- Registrar General.

____________

HIGH COURT OF HIMACHAL PRADESH AT SHIMLA-171001

NOTIFICATION

Shimla, the 7th June, 2017

No. HHC/GAZ/14-231/97-I.—Hon'ble the Acting Chief Justice has been pleased to grant 07 days earned leave w.e.f. 07.06.2017 to 13.06.2017 in favour of Shri Ajay Mehta, Additional District and Sessions Judge, Hamirpur, H.P.

Certified that Shri Ajay Mehta is likely to join the same post and at the same station from where she proceeds on leave, after expiry of the above period of leave.

Also certified that Shri Ajay Mehta would have continued to hold the post of Additional District and Sessions Judge, Hamirpur, H.P., but for his proceeding on leave for the above period.

By order, Sd/- Registrar General.

____________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171001

NOTIFICATION

Shimla, the 7th June, 2017

No. HHC/Admn.6 (23)/74-XVI.—Hon'ble the Acting Chief Justice in exercise of the powers vested in him under Rule 2 (32) of Chapter 1 of H.P. Financial Rules, 2009 has been 2114 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 pleased to declare Senior Civil Judge-cum-CJM, Hamirpur, H.P. as Drawing and Disbursing Officer, in respect of the Courts of District & Sessions Judge and Additional District & Sessions Judge, Hamirpur and also the Controlling Officer for the purpose of salary, T.A. etc. in respect of establishments attached to the aforesaid Courts during leave period of Shri Ajay Mehta, Additional District and Sessions Judge, Hamirpur w.e.f. 7.6.2017 to 13.6.2017 or till he returns from leave.

By order, Sd/- Registrar General.

____________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171001

NOTIFICATION

Shimla, the 7th June, 2017

No. HHC/Admn.6 (23)/74-XVI.—Hon'ble the Acting Chief Justice in exercise of the powers vested in him under Rule 2 (32) of Chapter 1 of H.P. Financial Rules, 2009 has been pleased to declare Senior Civil Judge-cum-ACJM, Nurpur, H.P. as Drawing and Disbursing Officer, in respect of the Court of Civil Judge-cum-JMIC, Jawali, H.P. and also the Controlling Officer for the purpose of salary, T.A. etc. in respect of establishment attached to the aforesaid Court with immediate effect till Sh. Nikhil Aggarwal, Civil Judge-cum-JMIC, Jawali joins his duty.

By order, Sd/- Registrar General.

____________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 7th June, 2017

No. HHC/GAZ/ 14-255/2002-I.—Hon'ble the Acting Chief Justice has been pleased to grant ex-post facto sanction of 03 days commuted leave w.e.f. 04.05.2017 to 06.05.2017 in favour of Smt. Kanta Verma, Senior Civil Judge-cum-CJM, L&S at Kullu, H.P.

Certified that Smt. Kanta Verma has joined the same post and at the same station from where she proceeded on leave, after expiry of the above period of leave.

2115 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

Also certified that Smt. Kanta Verma would have continued to hold the post of Senior Civil Judge-cum-CJM, L&S at Kullu, H.P., but for her proceeding on leave for the above period.

By order, Sd/- Registrar General.

___________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA - 171 001

NOTIFICATION

Shimla, the 6th June, 2017

No. HHC/Admn.16 (20)75-II.—Hon'ble the Acting Chief Justice, in exercise of the powers vested in him U/S 139(b) of the Code of Civil Procedure, 1908, U/S 297 (1) (b) of the Code of Criminal Procedure, 1973 and Rule 5(vi) of the H.P. Oath Commissioners(Appointment & Control) Rules, 2007 has been pleased to appoint Sh. Subhash Chand and Sh. Sumeet Singh, Advocates, Ghumarwin as Oath Commissioners at Ghumarwin for a period of two years with immediate effect for administering oaths and affirmations on affidavits to the deponents under the aforesaid Codes and Rules.

By order, Sd/- Registrar General.

____________

HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION, SHIMLA

NOTIFICATION

Shimla, the 6th June, 2017

No. HPERC/438.—WHEREAS the Himachal Pradesh Electricity Regulatory Commission (hereinafter referred as "the Commission") notified the Himachal Pradesh Electricity Regulatory Commission (Renewable Power Purchase Obligation and its Compliance) Regulations, 2010, which were published in the Rajpatra, Himachal Pradesh, dated 29th May, 2010 (hereinafter referred as "the RPPO Regulations, 2010"); The long term RPO trajectory has been fixed vide 1st amendment Regulations dated 10th October.

AND WHEREAS the Commission amended aforesaid Regulations vide the Himachal Pradesh Electricity Regulatory Commission(Renewable Power Purchase Obligation and its Compliance)(Third Amendment) Regulations, 2016, published vide Notification dated 24th March, 2017 in the Rajpatra, Himachal Pradesh, dated 27th March, 2017 revising the Long Term trajectory 2116 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 of Renewable Purchase Obligations and providing that energy purchased from all the hydel sources of energy is to be excluded while determining the quantum of energy on which the RPPO targets of the obligated entities shall be worked out.

AND WHEREAS certain obligated entities have represented to the Commission that since the amendment revising the RPPO targets of financial year 2016-17 was notified towards the closer of the financial year, they did not get adequate opportunity to procure renewable power or Renewable Energy Certificates (RECs) to meet their enhanced obligations and are unable to credit for excess renewable power or RECs by way of adjustment in the ensuing year, in certain cases where the revised RPPO targets are lesser than those as per the pre-revised trajectory and the quantum of renewable energy or RECs already procured by them have been rendered surplus to their requirement for meeting the obligations for FY 2016-17.

NOW, THEREFORE in exercise of the powers conferred under Regulations 9, 11, 12 and 13 of the Himachal Pradesh Electricity Regulatory Commission (Renewable Power Purchase Obligations and its Compliance) Regulations, 2010, the Commission proposes to issue the following Order detailing with regard to the implementation and compliance of the Renewable Power Purchase Obligations by the obligated entities in FY 2016-17 and FY 2017-18 and notice is hereby given that the said draft order will be taken into consideration after the expiry of twenty one (21) days from the date of notification to gather with any objections or suggestions which may within the aforesaid period in respect thereof. The text of the aforesaid draft order is also available on the website of the Commission i.e. www.hperc.org.

Any person who intends to make suggestions or objections may submit the same to the Secretary, Himachal Pradesh Electricity Regulatory Commission, Vidyut Aayog Bhawan, Block No.-37, SDA Complex, Kasumpti, Shimla-171009(HP), E-mail: [email protected]). Suggestions and objections can be submitted in English and should carry the full name, postal address and e-mail address, if any, of the sender.

DRAFT ORDER

1. Short title and commencement.—(1)This Order may be called the Himachal Pradesh Electricity Regulatory Commission (Adjustment of Surplus/Shortfall of Renewable Energy Certificates or Renewable Energy with respect to Renewable Purchase Obligation of FY 2016-17 in FY 2017-18) Order, 2017.

(2) This Order shall come into force from the date of its publication in the Rajpatra, Himachal Pradesh.

2. Adjustment of surpluses or deficits.—Renewable Power Purchase Obligations (RPPO) compliance for FY 2016-17. Notwithstanding anything in the procedures, practices, directions relating to the monitoring the implementation and compliance of the RPPOs, surpluses or deficits in the compliance of RPPOs for FY 2016-17, which could not be adjusted or complied by the obligated entity, as the case may be, till 31st March, 2017, the obligated entities may adjust or comply surpluses or deficits occurred consequent to the revision of RPPO targets under the2117 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939 Himachal Pradesh State Electricity Regulatory Commission (Renewable Power Purchase Obligation and its Compliance) (Third Amendment) Regulations, 2017, in the financial year 2017-18.

Place: Shimla. By order of the Commission, Date: 06-06-2017.

By order, (CHAMAN DILTA), Secretary.

___________

INDUSTRIES DEPARTMENT

A-Section

NOTIFICATION

Shimla-2, the 12th June, 2017

No. Ind.-A(B)1-2/2011.—The Governor, Himachal Pradesh is pleased to order transfer/posting of following Managers DIC (Class-II, Gazetted), with immediate effect, in public interest:—

Sl. No.	Name of Manager	Present place of posting	New place of posting
1.	Sh. Surinder Singh	Distt. Industries Centre, Solan	Single Window Clearance Agency, Parwanoo, Distt. Solan as Member Secretary.
2.	Sh. Raj Kumar Rana	Single Window Clearance Agency, Parwanoo, Distt. Solan	Distt. Industries Centre, Mandi
3.	Sh. Nitin Sharma	Newly appointed	District Industries Centre, Una
4.	Sh. Nitin Gupta	Newly appointed	District Industries Centre, Solan.
5.	Sh. Somesh Sharma	Newly appointed	Single Window Clearance Agency, Baddi, Distt. Solan.

The above officers are directed to report for duty at their new place of posting, within 07 days and submit joining report to this Department as well as to the Director of Industries immediately.

By order, Sd/- Addl. Chief Secretary (Inds.).

2118 राजपत्र, हिमाचल प्रदेश, 13 जून, 2017/23 ज्येष्ठ, 1939

CHANGE OF NAME

I, Surbhi Wadhwa alias Surbhi alias Surbhi Vikas Mehra w/o Shri Vikas Kumar and daughter of Shri Daya Nand Wadhwa, r/o Jharoli Mohalla, VPO Jawali, Tehsil Jawali, Distt. Kangra, Himachal Pradesh have changed my name to Surbhi.

Surbhi Vikas Mehra w/o Shri Vikas Kumar and daughter of Shri Daya Nand Wadhwa, r/o Jharoli Mohalla, VPO Jawali, Tehsil Jawali, Distt. Kangra, Himachal Pradesh.

नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित इलेक्ट्रॉनिक हस्ताक्षरित राजपत्र, वैबसाइट http://rajpatrahimachal.nic.in पर उपलब्ध है एवम्‌ ऑनलाइन सत्यापित किया जा सकता है