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4686
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&&&&&&
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 9th May, 2016
No.: 11-2/86(Lab)ID/2016/Bilaspur.—It appears to the undersigned that an industrial
dispute exists between Shri Amit Kumar s/o Shri Ram Rattan, through Shri B. S. Verma, Vice
President, INTUC, H. P. State Committee, District Bilaspur, H.P. and the Pradhan, the Bilaspur
District Truck Operator Co-operative Transport Society Limited (BDTS), V.P.O. Barmana, Tehsil
Sadar, District Bilaspur, H.P. on the issue of alleged termination of his services w.e.f. 14-09-2014.
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 termination of the services of Shri Amit Kumar s/o Shri Ram Rattan, through Shri
B. S. Verma, Vice President, INTUC, H.P. State Committee, District Bilaspur, H.P. w.e.f.
14-09-2014 (as alleged by workman) by the Pradhan, the Bilaspur District Truck Operator
Co-operative Transport Society Limited (BDTS), V.P.O. Barmana, Tehsil Sadar, District
Bilaspur, 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.
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LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 30th May, 2016
No.:11-23/84(Lab)ID/2016/Una.—It appears to the undersigned that an industrial dispute
exists between Shri Bakshi Ram s/o Shri Mellu Ram, c/o Shri R. K. Singh Parmar, General
Secretary, Pb. INTUC, L-211, Brari, P. O. Partap Nagar, Tehsil Nangal, District Roper, Punjab and
Managing Director, M/s Arvind Talwar Machine Tools (P) Limited, V.P.O. Nangal Khurad, Tehsil
Haroli, District Una, H.P.on the issue of alleged termination from services w.e.f. 01-07-2014 (as
alleged by workman).
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 termination of the services of Shri Bakshi Ram s/o Shri Mellu Ram, c/o Shri
R. K. Singh Parmar, General Secretary, Pb. INTUC, L-211, Brari, P.O. Partap Nagar, Tehsil
Nangal, District Roper, Punjab w.e.f. 01-07-2014 (as alleged by workman) by the Managing
Director, M/S Arvind Talwar Machine Tools (P) Limited, V.P.O. Nangal Khurad, 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 30th May, 2016
No.
11-1/18(Lab)ID/2016/Sunder
Nagar.—Whereas
the
Labour
Inspector-cum-
Conciliation Officer, Sunder Nagar 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 Bali Bahadur s/o Late Shri Het Ram, r/o Village Kathla, P. O. Maloh, Tehsil Sunder Nagar,
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District Mandi, H.P. and the Senior Executive Engineer, Electrical Division, H.P.S.E.B. Limited
Sunder Nagar, District Mandi, H. P. as per demand notice dated 25-03-2013 submitted by the said
ex-worker regarding his 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 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 w.e.f. 01-11-1996
before the above employer after delay of more than 16 years and has worked only from 26-11-1984
to 31-10-1996 respectively.
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 alleged termination of the services of Shri Bali Bahadur s/o Late Shri Het Ram,
r/o Village Kathla, P. O. Maloh, Tehsil Sunder Nagar, District Mandi, H. P. w.e.f.
01-11-1996 by and the Senior Executive Engineer, Electrical Division, H.P.S.E.B. Limited
Sunder Nagar, District Mandi, H. P., without complying with the provisions of the
Industrial Disputes Act, 1947, as alleged by workman, is legal and justified; whereas he has
raised the industrial dispute vide demand notice dated 25-03-2013 after lapse of more than
16 years. If not, keeping in view delay of more than 16 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?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
___________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 30th May, 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 Smt. Bego Devi w/o
Shri Prakash Chand, r/o Village Kuffa, P. O. Killar, Tehsil Pangi, District Chamba, H. P. and the
Executive Engineer, Killar Division, H.P.P.W.D., Killar (Pangi), District Chamba, H. P. as per
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demand notice dated 30-05-2012 submitted by the said ex-worker regarding her 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 uder 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 September,
2004 before the above employer after delay of more than 7 years and has worked only for 125,
121.5, 123, 199, 101, 145, 140, 137, 150, 141 and 101 days during years 1994, 1995, 1996, 1997,
1998, 1999, 2000, 2001, 2002, 2003 and 2004 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 Section10 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 services of Smt. Bego Devi w/o Shri Prakash Chand, r/o
Village Kuffa, P. O. Killar, Tehsil Pangi, District Chamba, H. P. during September, 2004 by
the Executive Engineer, Killar Division, H.P.P.W.D., Killar (Pangi), District Chamba, H. P.,
who has worked as beldar on daily wages basis and has raised her industrial dispute vide
demand notice dated 30-05-2012 after more than 7 years, allegedly without complying with
the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, keeping in
view of working period of 125, 121.5, 123, 199, 101, 145, 140, 137, 150, 141 and 101 days
during years 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 and 2004
respectively and delay of more than 7 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 18th May, 2016
No. 11-1/18(Lab)ID/2016/Sunder Nagar.—It appears to the undersigned that an industrial
dispute exists between Shri Bhagat Ram s/o Shri Dhiraj Ram, r/o V.P.O. Balag, District Mandi, H.
4690
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P. and the Divisional Forest Officer, Suket Forest Division, Sunder Nagar, District Mandi, H.P. on
the issue of alleged time to time termination of his services during November, 1998 to August,
2009.
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 time to time termination of the services of Shri Bhagat Ram s/o Shri Dhiraj Ram,
r/o V.P.O. Balag, District Mandi, H.P. during November, 1998 to August, 2009 by the
Divisional Forest Officer, Suket Forest Division, Sunder Nagar, District Mandi, 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, 3rd May, 2016
No. 11-1/85(Lab) ID/2016-Kangra.—Whereas Shri Som Raj s/o Shri Gian Chand, r/o
Village Ghattla, P. O. Khawara, Tehsil Nurpur, District Kangra, H. P. had raised a demand notice
dated 23-7-2011 regarding his illegal termination from the services by 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, whereafter he sent a report under
Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, H.P.;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala,
District Kangra, H. P. was considered, examined and Deputy Labour Commissioner, H. P. 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 2-12-2014;
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And whereas Shri Som Raj s/o Shri Gian Chand 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 C.W.P. No. 253/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the civil writ petition on 23-2-2016 and directed the respondents to consider the case
of the petitioners, in terms of the judgment, dated 30th December, 2014 passed by the Hon’ble
High Court of H. P. in CWP No. 9467 of 2014 case titled Pratap Chand versus Himachal Pradesh
State Electricity Board and others within eight weeks. The operative part of the judgment is
reproduced as follows :
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
cases 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
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-cum-
Industrial Tribunal, Dharamshala, constituted under Section 7 of Act ibid, on the following issue/
issues for legal adjudication :
“Whether alleged termination of services of Shri Som Raj s/o Shri Gian Chand, r/o Village
Ghattla, P.O. Khawara, Tehsil Nurpur, District Kangra, H. P. during February, 1990 by the
Executive Engineer, H.P.P.W.D. Division, Jawali, District Kangra, H.P., who had worked
as beldar on daily wages for 18½ days during year, 1990 and has raised his industrial
dispute after more than 21 years vide demand notice dated 23-7-2011, without complying
the provisions of the Industrial Disputes Act, 1947 is legal and justified ? If not, keeping in
view of working period of 18½ days during year, 1990 and delay of more 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 employer/
management?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
___________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 28th April, 2016
No. 11-1/85(Lab) ID/2016-Kangra.— Whereas Shri Sulinder Kumar s/o Shri Jagat Ram,
r/o Village and Post Office Jaunta, 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 the (1) Executive Engineer, H.P.P.W.D. Division, Nurpur, Tehsil
4692
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Nurpur, District Kangra, H. P., (2) Executive Engineer, H.P.P.W.D. Division, Jawali, Tehsil
Nurpur, 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 sent a report under Section 12(4) of the
Industrial Disputes Act, 1947 to the Labour Commissioner, H.P.;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala,
District Kangra, H. P. was considered, examined and Labour Commissioner, H. P. as appropriate
Government came to the conclusion that as per reply filed by the above employers worker has not
worked with the employers No. (1) & (2) and had raised the dispute at a belated stage of more than
20 years and therefore declined the reference of the dispute vide order dated 31-08-2013;
And whereas Shri Sulinder Kumar s/o Shri Jagat 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 C.W.P. No. 724/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the civil writ petition on 31-3-2016 and directed the Labour Commissioner, H. P. to
make reference to the Industrial Tribunal-cum-Labour Court within six weeks. The operative part
of the judgment is reproduced as follows :
“3. In the given circumstances, we deem it proper to quash the impugned order in the writ
petition and direct the Labour Commissioner, H. P. to make reference to the Industrial
Tribunal-cum-Labour Court within six weeks from today. Ordered accordingly. The
writ petition is disposed of, as indicated hereinabove, along with all pending
applications, if any.”
Therefore, in view of above 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-cum-
Industrial Tribunal, Dharamshala, constituted under Section-7 of Act ibid, on the following
issue/issues for legal adjudication:—
“Whether alleged termination of services of Shri Sulinder Kumar s/o Shri Jagat Ram, r/o
Village and Post Office Jaunta, Tehsil Nurpur, District Kangra, H. P. during year, 1990 by
(1) the Executive Engineer, H.P.P.W.D. Division, Nurpur, Tehsil Nurpur, District Kangra,
H. P., (2) The Executive Engineer, H.P.P.W.D. Division, Jawali, Tehsil Nurpur, District
Kangra, H. P., who had worked as daily wages worker and has raised his industrial dispute
after more than 20 years vide demand notice dated nil received on 13-06-2011, without
complying the provisions of the Industrial Disputes Act, 1947, as alleged by the workman,
is legal and justified? If not, keeping in view of delay of more than 20 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.
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LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 5th July, 2016
No. 11-1/85(Lab) ID/2016-Kangra.—Whereas Shri Suresh Kumar s/o Shri Chaudhary
Ram, r/o Village and Post Office Dhaneti Bhuriuan, 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 (1) The Executive Engineer, H.P.P.W.D. Division,
Nurpur, Tehsil Nurpur, District Kangra, H. P., (2) The Executive Engineer, H.P.P.W.D. Division,
Jawali, Tehsil Nurpur, 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 sent a report
under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, H. P.;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala,
District Kangra, H. P. was considered, examined and Labour Commissioner, H. P. as appropriate
Government came to the conclusion that as per reply filed by the above employers worker has not
worked with the employers No. (1) & (2) and had raised the dispute at a belated stage of after about
21 years and therefore declined the reference of the dispute vide order dated 31-08-2013;
And whereas Shri Suresh Kumar s/o Shri Chaudhary 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 C.W.P. No. 813/2016. The Hon’ble High Court of Himachal
Pradesh has disposed off the civil writ petition on 7-4-2016 and directed the respondents to
consider the case of the petitioners, in terms of the judgment, dated 30th December, 2014 passed by
the Hon’ble High Court of H. P. in CWP No. 9467 of 2014 case titled Pratap Chand versus
Himachal Pradesh State Electricity Board and others within eight weeks. The operative part of the
judgment is reproduced as follows :—
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
cases 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
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-cum-
Industrial Tribunal, Dharamshala, constituted under Section-7 of Act ibid, on the following
issue/issues for legal adjudication :—
“Whether alleged termination of services of Shri Suresh Kumar s/o Shri Chaudhary Ram,
r/o Village and Post Office Dhaneti Bhuriuan, Tehsil Nurpur, District Kangra, H. P. during
year, 1990 by (1) The Executive Engineer, H.P.P.W.D. Division, Nurpur, Tehsil Nurpur,
District Kangra, H. P., (2) The Executive Engineer, H.P.P.W.D. Division, Jawali, Tehsil
Nurpur, District Kangra, H. P., who had worked on daily wages and has raised his
industrial dispute after about 21 years vide demand notice dated-nil-received on
13-06-2011, without complying the provisions of the Industrial Disputes Act, 1947, as
4694
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alleged by the workman, is legal and justified? If not, keeping in view of 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 4th July, 2016
No. 11-2/86(Lab) ID/2016-Bilaspur.—Whereas Shri Surjeet Kumar s/o Shri Mahant Ram,
r/o Village Barota (Kudhi), P. O. Barota, Tehsil Ghumarwin, District Bilaspur, H. P. had raised a
demand notice dated 30-12-2009 regarding his illegal termination from the services by the
Executive Engineer, H.P.P.W.D. Division, Ghumarwin, District Bilaspur, H. P. The Labour
Officer-cum-Conciliation Officer, Bilaspur, 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 sent a
report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, H. P.;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Bilaspur,
H. P. was considered, examined and Labour Commissioner, H. P. as appropriate Government came
to the conclusion that above worker had raised the dispute at a belated stage of 11 years and
therefore declined the reference of the dispute vide order dated 31-03-2012;
And whereas Shri Surjeet Kumar s/o Shri Mahant 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 C.W.P. No. 797/2016. The Hon’ble High Court of Himachal
Pradesh has disposed off the civil writ petition on 7-4-2016 and directed the respondents to
consider the case of the petitioners, in terms of the judgment, dated 30th December, 2014 passed by
the Hon’ble High Court of H. P. in CWP No. 9467 of 2014 case titled Pratap Chand versus
Himachal Pradesh State Electricity Board and others within eight weeks. The operative part of the
judgment is reproduced as follows :—
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
cases 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
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-cum-
4695
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Industrial Tribunal, Dharamsala, constituted under Section 7 of Act ibid, on the following issue/
issues for legal adjudication :—
“Whether alleged termination of services of Shri Surjeet Kumar s/o Shri Mahant Ram, r/o
Village Barota (Kudhi), P. O. Barota, Tehsil Ghumarwin, District Bilaspur, H. P. during
year, 1998 by the Executive Engineer, H.P.P.W.D. Division, Ghumarwin, District Bilaspur,
H. P., who had worked on daily wages beldar and has raised his industrial dispute after 11
years vide demand notice dated 30-12-2009, without complying the provisions of the
Industrial Disputes Act, 1947, is legal and justified? If not, keeping in view of delay of 11
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, 26th April, 2016
No. 11-1/85(Lab) ID/2016-Kangra.—Whereas Shri Surjit Kumar s/o Shri Roshan Lal, r/o
Village and Post Office Sulyali, Tehsil Nurpur, District Kangra, H. P. had raised a demand notice
dated 23-7-2011 regarding his illegal termination from the services by 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 sent a report
under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner, H. P.;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala,
District Kangra, H. P. was considered, examined and Deputy Labour Commissioner, H. P. as
appropriate Government came to the conclusion that as per reply filed by the employer before the
concerned conciliation officer, above worker had not worked with the employer and raised the
dispute at a belated stage of more than 20 years and therefore declined the reference of the dispute
vide order dated 25-11-2014;
And whereas Shri Surjit Kumar s/o Shri Roshan Lal 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 C.W.P. No. 248/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the civil writ petition on 23-2-2016 and directed the respondents to consider the case
of the petitioners, in terms of the judgment, dated 30th December, 2014 passed by the Hon’ble
High Court of H. P. in CWP No. 9467 of 2014 case titled Pratap Chand versus Himachal Pradesh
State Electricity Board and others within eight weeks. The operative part of the judgment is
reproduced as follows :—
4696
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
cases 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
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-cum-
Industrial Tribunal, Dharamshala, constituted under Section 7 of Act ibid, on the following issue/
issues for legal adjudication;
“Whether alleged termination of services of Shri Surjit Kumar s/o Shri Roshan Lal, r/o
Village and Post Office Sulyali, Tehsil Nurpur, District Kangra, H. P. during December,
1990 by the Executive Engineer, H.P.P.W.D. Division, Jawali, District Kangra, H. P., who
had worked as beldar on daily wages and has raised his industrial dispute after more than 20
years vide demand notice dated 23-07-2011, without complying the provisions of the
Industrial Disputes Act, 1947, as alleged by the workman, is legal and justified? If not,
keeping in view of delay of more than 20 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 April, 2016
No. 11-1/85(Lab) ID/2016-Kangra.— Whereas Shri Tilak Raj s/o Shri Garib Dass, r/o
Village Dev Bharari, P. O. Sulyali, Tehsil Nurpur, District Kangra, H. P. had raised a demand
notice dated 23-7-2011 regarding his illegal termination from the services by 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 sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour
Commissioner, H. P.;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala,
District Kangra, H. P. was considered, examined and Deputy Labour Commissioner, H. P. 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 13-11-2014;
4697
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
And whereas Shri Tilak Raj s/o Shri Garib Dass 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 C.W.P. No. 259/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the civil writ petition on 25-2-2016 and directed the respondents to consider the case
of the petitioners, in terms of the judgment, dated 30th December, 2014 passed by the Hon’ble
High Court of H.P. in CWP No. 9467 of 2014 case titled Pratap Chand versus Himachal Pradesh
State Electricity Board and others within eight weeks. The operative part of the judgment is
reproduced as follows :—
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
cases 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
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-cum-
Industrial Tribunal, Dharamshala, constituted under Section 7 of Act ibid, on the following
issue/issues for legal adjudication :—
“Whether alleged termination of services of Shri Tilak Raj s/o Shri Garib Dass, r/o Village
Dev Bharari, P. O. Sulyali, Tehsil Nurpur, District Kangra, H. P. during June, 1990 by the
Executive Engineer, H.P.P.W.D. Division, Jawali, District Kangra, H. P., who had worked
as beldar on daily wages and has raised his industrial dispute after more than 21 years vide
demand notice dated 23-07-2011, without complying the provisions of the Industrial
Disputes Act, 1947 is legal and justified? If not, keeping in view of delay of more 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 employer
/management?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
___________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001 30 May, 2016
No. 11-1/85(Lab) ID/2016-Kangra.—Whereas Shri Uttam Chand s/o Shri Ram Saran, r/o
Village Batrah, P. O. Khanni, Tehsil Nurpur, District Kangra, H. P. had raised a demand notice
dated nil received in Labour Office, Dharamshala on 04-03-2013 regarding his illegal termination
from the services by (1) The Executive Engineer, H.P.P.W.D. Division, Nurpur, Tehsil Nurpur,
District Kangra, H. P., (2) The Executive Engineer, H.P.P.W.D. Division, Jawali, Tehsil Nurpur,
4698
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
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 sent a report under Section 12(4) of the Industrial
Disputes Act, 1947 to the Labour Commissioner, H. P.;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala,
District Kangra, H. P. was considered, examined and Deputy Labour Commissioner, H. P. as
appropriate Government came to the conclusion that as per reply filed by the above employers
worker has not worked with the employers No. (1) & (2) and had raised the dispute at a belated
stage of more than 22 years and therefore declined the reference of the dispute vide order dated
12-12-2014;
And whereas Shri Uttam Chand s/o Shri Ram Saran 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 C.W.P. No. 637/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the civil writ petition on 28-03-2016 and directed the respondents to consider the case
of the petitioners, in terms of the judgment, dated 30th December, 2014 passed by the Hon’ble
High Court of H. P. in CWP No. 9467 of 2014 case titled Pratap Chand versus Himachal Pradesh
State Electricity Board and others within eight weeks. The operative part of the judgment is
reproduced as follows :—
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
cases 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
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-cum-
Industrial Tribunal, Dharamshala, constituted under Section-7 of Act ibid, on the following
issue/issues for legal adjudication :—
“Whether alleged termination of services of Shri Uttam Chand s/o Shri Ram Saran, r/o
Village Batrah, P. O. Khanni, Tehsil Nurpur, District Kangra, H.P. during year, 1990 by (1)
The Executive Engineer, H.P.P.W.D. Division, Nurpur, Tehsil Nurpur, District Kangra,
H. P. (2) The Executive Engineer, H.P.P.W.D. Division, Jawali, Tehsil Nurpur, District
Kangra, H. P., who had worked on daily wages and has raised his industrial dispute after
more than 22 years vide demand notice dated-nil-received on 04-03-2013, without
complying the provisions of the Industrial Disputes Act, 1947, as alleged by the workman,
is legal and justified? If not, keeping in view of delay of more than 22 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.
4699
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
LABOUR & EMPLOYMENT DEPARTMENT
CORRIGENDUM
Shimla-171001, the 30th November, 2016
No.11-1/85(Lab)I.D./2016-Kangra.—Whereas, an alleged industrial dispute exists in
between Shri Uttam Chand s/o Shri Ram Saran, r/o Village Batrah, P. O. Khanni, Tehsil Nurpur,
District Kangra, H. P. versus (1) The Executive Engineer, H.P.P.W.D. Division, Nurpur, Tehsil
Nurpur, District Kangra, H. P., (2) The Executive Engineer, H.P.P.W.D. Division, Jawali, Tehsil
Nurpur, District Kangra, H. P.;
Whereas, a reference has been made to the Ld. Labour Court Dharamshala, District Kangra,
H. P. vide Notification of even number No. 11-1/85(Lab)ID/2016-Kangra dated 30-05-2016 for its
legal adjudication in compliance of order passed by the Hon’ble Division Bench, High Court of
H. P. However, inadvertently the correct facts could not be mentioned in para-3 of the said
Notification. Therefore, the same may be read as follows :—
“And whereas Shri Uttam Chand s/o Shri Ram Saran 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 C.W.P. No. 967/2016. The Hon’ble High Court of Himachal
Pradesh has disposed off the civil writ petition on 07-05-2016 and directed the Labour
Commissioner, H. P. to make reference to the Industrial Tribunal-cum-Labour Court within
six weeks. The operative part of the judgment is reproduced as follows :—
“3. In the given circumstances, we deem it proper to quash the impugned orders in the
writ petition and direct the Labour Commissioner, H.P. to make reference to the
Industrial Tribunal-cum-Labour Court within six weeks from today. Ordered
accordingly. The writ petition is disposed of, as indicated hereinabove, along with all
pending applications, if any.”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
___________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 26th April, 2016
No. 11-1/85(Lab) ID/2016-Kangra.—Whereas Shri Vijay Kumar s/o Shri Munshi Ram,
r/o Village and Post Office Sulyali, Tehsil Nurpur, District Kangra, H. P. had raised a demand
notice dated 23-7-2011 regarding his illegal termination from the services by 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
4700
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
after he sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour
Commissioner, H. P.;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Dharamshala,
District Kangra, H. P. was considered, examined and Deputy Labour Commissioner, H. P. 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 13-11-2014;
And whereas Shri Vijay Kumar s/o Shri Munshi 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 C.W.P. No. 242/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the civil writ petition on 25-2-2016 and directed the respondents to consider the case
of the petitioners, in terms of the judgment, dated 30th December, 2014 passed by the Hon’ble
High Court of H. P. in CWP No. 9467 of 2014 case titled Pratap Chand versus Himachal Pradesh
State Electricity Board and others within eight weeks. The operative part of the judgment is
reproduced as follows :—
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
cases 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
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-cum-
Industrial Tribunal, Dharamshala, constituted under Section 7 of Act ibid, on the following issue/
issues for legal adjudication :—
“Whether alleged termination of services of Shri Vijay Kumar s/o Shri Munshi Ram, r/o
Village and Post Office Sulyali, Tehsil Nurpur, District Kangra, H. P. during June, 1988 by
the Executive Engineer, H.P.P.W.D. Division, Jawali, District Kangra, H. P., who had
worked as beldar on daily wages and has raised his industrial dispute after more than 23
years vide demand notice dated 23-07-2011, without complying the provisions of the
Industrial Disputes Act, 1947 is legal and justified? If not, keeping in view of 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
employer/management?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
4701
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
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Li’Vhdj.k&I-&&mijksDr ijUrqd ¼1½ ds fy, tutkrh;@dfBu@nqxZe {ks=ksa esa ^^dk;Zdky** ls
lk/kkj.kr;k] rhu o’kZ dh vof/k ;k iz'kklfud vR;ko';drkvksa@lqfo/kk dks /;ku esa j[krs gq, ,sls {ks=ksa esa
rSukrh dh blls de vof/k vfHkizsr gksxhA
4703
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
Li’Vhdj.k&II-&&mi;ZqDr ijUrqd ¼1½ ds iz;kstu ds fy, tutkrh;@dfBu@nqxZe {ks= fuEu
izdkj ls gksaxs%&
1- ftyk ykgkSy ,oa fLifrA
2- pEck ftyk dk ikaxh vkSj HkjekSj mi&e.MyA
3- jksgM+w mi&e.My dk MksMjk Dokj {ks=A
4- ftyk f”keyk dh jkeiqj rglhy dk iUnzg chl ijxuk] eqfu'k] njdkyh vkSj dk”kkikVA
5- dqYyw ftyk dk iUnzg chl ijxukA
6- dkaxM+k ftyk ds cStukFk mi&e.My dk cM+k Hkaxky {ks=A
7- ftyk fdUukSjA
8- fljekSj ftyk esa mi rglhy dejm ds dkBokM+ vkSj dksjxk iVokj o`Ùk] js.kqdkth rglhy
ds HkykM+&HkykSuk vkSj lkaxuk iVokj o`Ùk vkSj f”kykbZ rglhy dk dksVk ikc iVokj o`ÙkA
9- e.Mh ftyk esa] djlksx rglhy dk [kU;ksy&cxM+k iVokj o`Ùk] ckyh pkSdh mi&rglhy ds
xkM+k xkS'kS.kh] eB;kuh] ?ku;kM+] Fkkph] ckxh] lksexkM+ vkSj [kksykuky iVokj o`r] i)j
rglhy ds >kjokM+] dqVx<+] xzkeu] nsox<+] VªSyk] jksik] dFkksx] flYg&HkM+okuh] gLriqj]
ÄejsM+ vkSj HkVs<+ iVokj o`Ùk] Fkqukx rglhy ds fp;w.kh] dkyhikj] ekux<+] Fkkp&cxM+k]
mRrjh ex: vkSj nf{k.kh ex: iVokj o`Ùk vkSj lqUnjuxj rglhy dk cVokM+k iVokj o`ÙkA
Li"Vhdj.k&III-&&mijksDr ijUrqd ¼1½ ds iz;kstu ds fy, [email protected] {ks= fuEu izdkj ls
gksaxs%&
¼i½ mi&e.My@rglhy eq[;ky; ls 20 fdyks ehVj dh ifjf/k ls ijs ds leLr LFkkuA
¼ii½ jkT; eq[;ky; vkSj ftyk eq[;ky; ls 15 fdyksehVj dh ifjf/k ls ijs ds leLr LFkku tgka
ds fy, cl lsok miyC/k ugha gS vkSj 3 ¼rhu½ fdyksehVj ls vf/kd dh iSny ;k=k djuh
iM+rh gSA
¼iii½ deZpkjh dk] mlds izoxZ dks /;ku esa yk, fcuk] vius x`g uxj ;k x`g uxj {ks= ds lkFk
yxrh 20 fdyksehVj dh ifjf/k ds Hkhrj dk {ks=A
¼II½ izksUufr ds lHkh ekeyksa esa in ij fu;fer fu;fqDr ls iwoZ] lEHkjd ¼iks’kd½ in ij dh xbZ
yxkrkj rnFkZ lsok] ;fn dksbZ gks] bu fu;eksa esa ;Fkkfofgr lsokdky ds fy,] bl “krZ ds v/;/khu izksUufr
ds fy, x.kuk esa yh tk,xh] fd lEHkjd ¼iks’kd½ izoxZ esa rnFkZ fu;qfDr@izksUufr] HkrhZ vkSj izksUufr fu;eksa
ds micU/kksa ds vuqlkj p;u dh mfpr Lohdk;Z izfØ;k dks viukus ds i'pkr~ dh xbZ Fkh%
¼i½ ijUrq mu lHkh ekeyksa esa ftuesa dksbZ dfu’B O;fDr lEHkjd ¼iks’kd½ in esa vius dqy
lsokdky ¼rnFkZ vk/kkj ij dh xbZ lsok lfgr] tks fu;fer lsok@fu;qfDr ds vuqlj.k esa gks½
ds vk/kkj ij mi;ZqDr fufnZ’V micU/kksa ds dkj.k fopkj fd, tkus dk ik= gks tkrk gS] ogka
mlls ofj’B lHkh O;fDr vius&vius izoxZ@in@dkMj esa fopkj fd, tkus ds ik= le>s
tk,axs vksSj fopkj djrs le; dfu’B O;fDr ls Åij j[ks tk,xs%
4704
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
ijUrq ;g vkSj fd mu lHkh in/kkfj;ksa dh] ftu ij izksUufr ds fy, fopkj fd;k tkuk gS] dh
de ls de rhu o’kZ dh U;wure vgZrk 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,xk@le>s tk,axsA
Li’Vhdj.k%&&vafre ijUrqd ds vUrxZr dfu’B in/kkjh izksUufr ds fy, vik= ugha
le>k tk,xk ;fn ofj’B vik= O;fDr HkwriwoZ lSfud gS ftls fMeksfcykbTM vkeZM QksflZt
ijlksuy ¼fjtosZ”ku vkQ oSdsUlht bu fgekpy LVsV ukWu&VSDuhdy lfoZflt½ :Yt] 1972
ds fu;e&3 ds micU/kksa ds vUrxZr~ HkrhZ fd;k x;k gS vkSj rn~/khu ojh;rk ykHk fn, x, gksa
;k ftls ,Dl&lfoZleSu ¼fjtosZ”ku vkQ oSdsUlht bu nh fgekpy izns”k VSDuhdy lfoZflt½
:Yt] 1985 ds fu;e&3 ds micU/kksa ds vUrxZr~ HkrhZ fd;k x;k gks vkSj rn~/khu ojh;rk ykHk
fn, x, gksaA
¼ii½ blh izdkj LFkk;hdj.k ds lHkh ekeyksa esa ,sls in ij fu;fer fu;qfDr ls iwoZ lEHkjd
¼iks’kd½ 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 Ik'pkr~ vkSj HkrhZ vkSj izksUufr fu;eksa ds
mica/kksa ds vuqlkj dh xbZ Fkh %
ijUrq dh xbZ mijksDr ;FkkfufnZ’B rnFkZ lsok dks x.kuk esa ysus ds Ik'pkr~ tks
LFkkbZdj.k gksxk mlds QyLo:Ik ikjLifjd ojh;rk vifjofrZr jgsxh**(
¼p½ LrEHk la[;k% 15 ds lkeus fo|eku micU/k ds LFkku ij fuEufyf[kr j[kk tk,xk] vFkkZr~%&
**Lkh/kh HkrhZ ds ekeys esa] in ij fu;qfDr ds fy, p;u] fgekpy izns”k iz”kklfud lsok
la;qDr izfr;ksfxrk ijh{kk ds vk/kkj ij fd;k tk,xk] ftlds fy, i)fr@ikB~;Øe] vkfn
ogh gksxk tks le; le; ij ;Fkk la”kksf/kr] fgekpy izns”k ,MfeuhlVªsfVo lfoZl :Yt]
1973 esa fn;k x;k gS**( vkSj
¼N½ fo|eku LrEHk la[;k% 15&d dk yksi fd;k tk,xkA
vkns”k }kjk]
r:.k diwj]
vfrfjDr eq[; lfpo ¼[kk0 uk0 vk0 ,oa m0 ekeys½A
&&&&&&
[Authoritative English Text of this Department Notification No. FDS-A(3)-4/2015 Dated
28-7-2017 as required under clause (3) of Article 348 of the Constitution of India].
FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS DEPARTMENT
NOTIFICATION
Shimla-171002, 28th July, 2017
No. FDS-A(3)-4/2015.—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
4705
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
Pradesh Public Service Commission, is pleased to make the following rules further to amend the
Himachal Pradesh, Food, Civil Supplies & Consumer Affairs Department, District Controller,
Food, Civil Supplies & Consumer Affairs, Class-I(Gazetted) Recruitment and Promotion Rules,
2009 notified vide notification No. FDS-A(3)-2/97-II-Loose dated 26th October, 2009, namely:—
1.
Short title and commencement.—(1) These rules may be called the Himachal
Pradesh Food, Civil Supplies and Consumer Affairs Department, District Controller, Food, Civil
Supplies & Consumer Affairs, Class-I (Gazetted) Recruitment and Promotion (First Amendment)
Rules, 2017.
(2) These rules shall come into force from the date of publication in the Rajpatra,
Himachal Pradesh.
2. Amendment of Annexure-“A”.— (1) In Annexure-“A” to the Himachal Pradesh,
Food, Civil Supplies & Consumer Affairs Department, District Controller, Food, Civil Supplies &
Consumer Affairs, Class-I(Gazetted) Recruitment and Promotion Rules, 2009,—
(a) for the existing provision against Column No. 4, the following shall be substituted,
namely:—
“Pay Band ` 15600-39100 + ` 5400/- Grade Pay”;
(b) for the existing provision against Column No. 6, the following shall be substituted,
namely:—
“As may be prescribed for direct recruitment to the Himachal Pradesh Administrative
Service from time to time:
Provided that the upper age limit for direct recruits shall be 42 years to the candidates
already in service of the Government including those who have been appointed on
ad hoc or on contract basis”;
(c) for the existing provisions against Column No. 9, the following shall be substituted,
namely:-
“(i) Direct recruitment:
(a) 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.
(b) No probation in the case of appointment on contract basis, tenure basis, re-
employment after superannuation and absorption.
(ii) Promotion:
Two years or the period of probation prescribed for the direct recruitment to the
post, if any, in the case of promotion from one group to another”;
(d) for the existing provision against Column No. 10, the following shall be substituted,
namely:-
“1. 40% by direct recruitment.
4706
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
2. 60% by promotion”;
(e) for the existing provision against Column No. 11, the following shall be substituted,
namely:—
“(i) 40 % by promotion from amongst the Food & Supplies Officers who possess
three years regular service or regular combined with continuous ad hoc service
rendered, if any, in the grade.
(ii) 20% by promotion from amongst the Superintendent Gr.-II/Technical Assistant
who possess three years regular service or regular combined with continuous
ad hoc service rendered, if any, in the grade”.
For filling up the posts of District Controller, Food, Civil Supplies & Consumer Affairs, the
following 10 points roster shall be followed:—
Roster point Nos.
Category
1st , 3rd, 6th & 8th
Food & Supplies Officer
2nd, 4th , 7th & 9th
Direct Recruitment
5th & 10th
Superintendent Grade-II/Technical Assistant
Note:—This roster will be rotated after every 10th point till the representation to all the categories
is achieved by the given percentage thereafter the vacancy shall be filled up from the
category which vacates the post.
(I) Provided that for the purpose of promotion every employee shall have to serve at least
one term in the Tribal/Difficult, Hard and Remote/Rural Areas subject to adequate number of
post(s) available in such areas:
Provided further that Provisio (I) supra shall not be applicable in the case of those
employees who have five years or less service, left for superannuation except posting/transfer in
remote/rural area. However, this condition of five years shall not be applicable in cases of
promotion:
Provided further that Officers/Officials who have not served at least one tenure in
Tribal/Difficult/Hard areas and remote/rural area shall be transferred to such areas strictly in
accordance with his/her seniority in the respective cadre.
Explanation-I:—For the purpose of provisio (I) supra the “term” in Tribal/Difficult/Hard
Areas/Remote/Rural Areas shall mean normally three years or less period of posting in such areas
keeping in view the administrative exigencies/convenience.
Explanation-II: For the purpose of proviso (I) supra the Tribal/Difficult Areas shall be as
under:
1. District Lahaul & Spiti
2. Pangi and Bharmour Sub-Divisions of Chamba District.
3. Dodra Kawar Area of Rohru Sub-Division.
4707
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
4. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat of Rampur Tehsil
of Distt. Shimla.
5. Pandra 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 Sirmaur District.
9. 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, Mangrah, Thach Bagra,
North Magru and South Magru Patwar Circles of Thunag Teshil and Batwara Patwar
Circle of Sunder Nagar Tehsil of Mandi District.
Explanation-III: For the purpose of proviso (I) supra the Remote/Rural areas shall be as
under:
(i) All stations beyond the radius of 20 Kms. from Sub-Division/Tehsil headquarter.
(ii) All stations beyond the radius of 15 Kms. from State Headquarter and District head
quarters where bus service is not available and on foot journey is more than 3 (three)
Kms.
(iii) Home town or area adjoining to area of home town within the radius of 20 Kms. of the
employee regardless of its category.
(II) In all cases of promotion, the continuous ad hoc 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 condition that the ad hoc
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 that in all cases where a junior person becomes eligible for consideration by
virtue of his total length of service (including the service rendered on ad hoc 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 atleast three years or that prescribed in the R&P Rules
for the post, whichever is less:
Provided further that where a person becomes ineligible to be considered for
promotion on account of the requirements of the preceding proviso, the person(s)
junior to him shall also be deemed to be ineligible for consideration for such
promotion.
4708
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
EXPLANATION.—The last proviso shall not render the junior incumbents ineligible
for consideration for promotion if the senior ineligible persons happened to be ex-
servicemen recruited under the provisions of Rule-3 of Demobilized Armed Forces
Personnel (Reservation of Vacancies in Himachal State Non-Technical Services)
Rules, 1972 and having been given the benefit of seniority thereunder or recruited
under the provisions of rule-3 of Ex-servicemen (Reservation of vacancies in the
Himachal Pradesh Technical Services) Rules, 1985 and having been given the benefit
of seniority thereunder.
(ii) Similarly, in all cases of confirmation continuous ad hoc service rendered on the feeder
post, if any, prior to the regular appointment/promotion against such post shall be
taken into account towards the length of service, if the ad hoc appointment/promotion
had been made after proper selection and in accordance with the provision of the R&P
Rules:
Provided that inter-se seniority as a result of confirmation after taking into
account, ad hoc service rendered as referred to above shall remain unchanged”;
(f) for the existing provision against Column No. 15, the following shall be substituted,
namely:—
“Selection for appointment to the post in the case of direct recruitment shall be
made on the basis of the Himachal Pradesh Administrative Service Combined
Competitive Examination the pattern/syllabus etc. of which is as given in the Himachal
Pradesh Administrative Service Rules, 1973, as amended from time to time”; and
(g) The existing Column No. 15-A shall be deleted.
By order,
TARUN KAPOOR,
Addl. Chief Secretary (F.C.S. & C.A.).
__________
c vnkyr rglhynkj ,oa lgk;d lekgrkZ izFke Js.kh] lU/kksy] ftyk e.Mh ¼fg0 iz0½
fely uEcj % 14@2017
rkjh[k et:vk % 05&07&2017 rkjh[k is'kh % 05&08&2017
Jh iadt Bkdqj iq= Lo0 Jh d'kehj flag] fuoklh xkao ?kukyk] Mkd[kkuk lU/kksy+] ftyk e.Mh
¼fg0 iz0½
- - izkFkhZA
cuke
vke turk
- - Qjhdnks;eA
v/khu /kkjk 37¼2½ Hkw&jktLo vf/kfu;e] 1954 ds rgr vkosnu&i=A
Jh iadt Bkdqj iq= Lo0 Jh d'kehj flag] fuoklh xkao ?kukyk] Mkd[kkuk lU/kksy+] ftyk e.Mh
¼fg0 iz0½ }kjk leLr vkSipkfjdrkvksa lfgr bl U;k;ky; esa izLrqr vkosnu&i= esa mYys[k fd;k gS fd
4709
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
mldk okLrfod uke iadt Bkdqj gS tcfd jktLo vfHkys[k eqgky ?kukyk esa mudk uke iadt dqekj
ntZ gS tks fd xyr gS blfy, mlus fuosnu fd;k gS fd jktLo vfHkys[k eqgky ?kukyk eas n:Lrh dh
tkdj mldk uke iadt dqekj mQZ iadt Bkdqj ntZ fd;k tk,A
vr% blls iwoZ fd ekeyk esa v/khu /kkjk 37¼2½ Hkw&jktLo vf/kfu;e] 1954 ds rgr vkxkeh
vko';d dkjZokbZ vey esa ykbZ tk,] bl uksfVl }kjk tu&lk/kkj.k dks lwfpr fd;k tkrk gS fd ;fn
fdlh dks mijksDr ekeyk esa dksbZ mtj@,rjkt gks rks og bl U;k;ky; esa fnukad 05&08&2017 dks
izkr% 10-00 cts vlkyru ;k odkyru gkftj vkdj viuk mtj@,rjkt is'k dj ldrk gS vU;Fkk xSj
gktjh dh lwjr esa ,drjQk dk;Zokgh vey esa ykbZ tk,xhA
vkt fnukad 05&07&2017 dks gekjs gLrk{kj o eksgj vnkyr }kjk tkjh fd;k x;kA
eksgjA
gLrk{kfjr@&]
lgk;d lekgrkZ] izFke Js.kh]
lU/kksy] ftyk e.Mh] fg0 iz0A
4710
jkti=] fgekpy izns'k] 31 tqykbZ] 2017@9 Jko.k] 1939
fu;U=d] eqnz.k rFkk ys[ku lkexzh] fgekpy izns'k] f'keyk&5 }kjk eqfnzr rFkk izdkf'kr
bysDVªkWfud gLrk{kfjr jkti=] oSclkbV http://rajpatrahimachal.nic.in ij miyC/k gS ,oe~ vkWuykbu lR;kfir fd;k tk ldrk gS