REGD NO. JK––33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––– CONTENTS | English Pages | Vernacu- lar pages | |
| PART I-A- Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B- Notifications, Communiques and General Orders by the Government and the Ministers .... PART II-A- Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... PART II-B- Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule..... PART II-C- Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV- Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V- Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... | 234-236 229-274 47-48 383-394 99-100 | 129-132 |
Printed at the Government Press, Srinagar.
234 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Notification
No. 207 Dated 29-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Shivalika Bakshi D/o Shri Lokesh Sharma R/o 255/A, Gandhi Nagar, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-216/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
–––––––
Notification
No. 208 Dated 29-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Sarfaraz Ahmad S/o Shri Mohd Shareef R/o V. P. O Dhar Sakri, Tehsil Kotranka, District Rajouri has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-247/2015 in the Roll of Advocates maintained by this Registry.
No. 24 ] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 235 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— The renewal/extension of provisional licence/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
–––––––
Notification
No. 209 Dated 29-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Sankalp Gupta S/o Shri Subash Malguria R/o Village Rappri, Tehsil Billawar, District Kathua has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-223/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
–––––––
Notification
No. 210 Dated 29-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Syed Shafqat Ali S/o Syed Manzoor Ahmed R/o Near Agriculture Complex, Doda City has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-239/15 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
–––––––
236 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 211 Dated 29-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Meenakshi Sharma D/o Shri Satish Kumar Sharma R/o Near Gouri Shanker Mandir, Sarkoot, Kishtwar has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-233/15 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
(Sd.) G. M. PARRAY,
Joint Registrar (Adm.).
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 10th Sept., 2015/19th Bhad., 1937. [ No. 24
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I—B
Jammu and Kashmir Government—Notifications.
———–
JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,
SOLINA, SRINAGAR/KASHMIR.
Subject :—J&K Combined Competitive (Preliminary) Examination, 2014.
————
Notice
Dated 03-08-2015.
It is for the information of all eligible candidates who have applied for the posts under Combined Competitive Examination, 2014 in response to Notification No. PSC/Exam/2014/36 dated 24-04-2014 that the Preliminary 230 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Examination which was postponed earlier shall now be held on 30-08-2015 (Sunday) in two sessions.
The candidates who have earlier not received/downloaded their Admit Cards are advised to download their Admit Cards from the official website of the Commission i. e. http://www.jkpsc.nic.in from 05-08-2015 onwards.
Day and Date Subject Time ————————————————————————————— 30-08-2015 Paper I (General Studies) 10.00 AM to 12.00 Noon (Sunday) Paper II (Optional Subject) 02.00 PM to 04.00 PM
Note :— No application for change of centre shall be entertained henceforth.
(Sd.) SHAKEEL-UL-REHMAN, KAS,
Secretary and Controller of Examinations, J&K Public Service Commission.
––––––
N
Notification No. PSC/EXAM/2015/07
o
.
2 4
Dated 07-08-2015.
]
– – – – – – –
—
The result of SAC Part-I, Departmental Examination, Session July, 2014 is declared as under :—
T h e
J
& K
G
o v
t .
Roll Name of the Parentage PI PII PIII PIV Remarks No. candidate ——————————————————————————————————————————————
G
1 2 3 4 5 6 7 8
a z e ——————————————————————————————————————————————
t t
e
, S/Shri S/Shri
1 0
t
h 01. Namesha Dogra Jagjiwan Lal 40 103 64 38 Passes.
S e p
t . ,
Passed Passed
in in
01/2014 01/2014
2 0 1 5
/
02. Nisha Bagul Babu Ram 62 68 73 43 Passes in Papers I 1 9
t
h
Bagul
Passed & III. Fail in in Paper II.
B h a d
01/2014
. ,
—
grace marks in — 2
3
Paper IV. — 1
—————————————————————————————————————————————— 2 3 2
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J 04. Ajay Kumar Ram Lal 37 104 107 51 Passes.
Sharma Passed Passed
& K
G
in 01/2014
in 01/2014
o v
t .
G
05. Raman Gupta Ram Parkash 44 66 102 45 Passes in Papers I a z e
t t Gupta
e
,
Passed & III. Fail in in Paper II.
1 0
01/2014
t
h
06. Khem Raj Lt. Prabh 44 82 66 46 Passes.
S e p
t . , Dayal Passed Passed
2 0 1 5
in in 07/2013 01/2014
/
1 9
t
h
07. Anita Sharma Late Bansi 44 8 67 B. Com. Passes in Paper I
Lal Sharma
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
& III. Fail in Paper II.
– – – Wani Wani Passed Passed Pass in Paper III.
2 4
— — — — —
N
o
.
09. Khail Raj Gokal Chand 36 62 62 37 Fails in Papers I
2 4
]
– – – – – – –
& II. Passes in Papers III & IV.
— T h e
J 10. Parkash Singh Baldev Singh 46 67 98 33 Passes in Papers I
& K
& III. Fails in Papers II & IV.
G
o v
t .
11. Sajad Hussain Shamash Din 52 84 105 41 Passes.
G Rather Passed
a z e
t t
e
in 01/2014
,
1 0
t
12. Jugal Singh Kashmir Singh 49 96 113 38 Passes.
h
S e p
t . ,
Passed Passed Passed in in in 01/2014 01/2014 01/2014
2 0 1 5
/ 13. Ramnesh Ganesh Dass 35 102 65 52 Passes with 2
1 9 Sharma Sharma
Passed Passed grace marks in
t
h
in in Paper I.
01/2014 01/2014
B h a d
. ,
14. Tilak Raj Late Parma 40 87 71 40 Passes.
2 3 3
— — —
in in in 03/2007 07/2012 06/2010 —————————————————————————————————————————————— 2 3 4
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
15. Sachin Sharma Kewal Krishan 49 122 65 62 Passes.
& K
G
o v
Passed Passed Passed in in in 01/2014 01/2014 01/2014
t .
G
16. Vikas Mahajan Jagdish Raj 37 84 95 55 Passes.
a z e
t t
Mahajan Passed Passed
e
,
1 0
t
in 01/2014
in 01/2014
h
17. Poonam Gupta Vijay Kumar 43 43 102 33 Passes in Papers I
S e p
t . ,
Gupta
& III. Fails in Papers II & IV.
2 0 1 5
/
1 9
t 18. Ritesh Gupta Raj Kumar 48 77 79 26 Pass in Paper III.
h
Gupta Passed Passed Fail in Paper IV.
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
in in
01/2014 01/2014
– – – 2 4
— — — — —
N
o 20. Vijay Kumar Prem Nath 49 92 90 48 Passes.
.
2 4
]
– – – – – – –
—
Passed Passed in in 01/2014 01/2014
T h e
J
21. Ashok Kumar Ram Nath 38 19 49 B. Com. Fails in Papers II & K
Sharma Passed & III.
G
o v
t .
in 02/2009
G
a z e
t t
22. Vijay Bharat Ramesh 50 99 78 48 Passes.
e
,
Chander Passed Passed Passed
1 0
t
h
in in in 01/2014 01/2014 01/2014
S e p
t . ,
23. Rakesh Kumar Babu Ram 42 83 107 42 Passes.
2 0 1 5 Digra Digra Passed Passed Passed
/
1 9
t
h
in in in 01/2014 01/2014 01/2014
B h a d
. ,
24. Janak Raj Guran Ditta 38 18 62 40 Passes in Papers I 2 3 5
— — —
02/2011 —————————————————————————————————————————————— 2 3 6
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
25. Priti Ram Krishan 54 54 81 56 Passes in Papers I & K
G
Passed & III. Fail in in Paper II.
o v
t .
01/2014
G
26. Balwan Singh Lt. Shanga 52 20 49 B. Com. Fails in Papers II
a z e
t t
Ram Passed & III.
e
,
1 0
t
in 07/2012
h
27. Jai Gopal Om Parkash 41 76 64 53 Passes.
S e p
Sharma Passed Passed Passed
t . ,
in in in 01/2014 01/2014 01/2014
2 0 1 5
/
1 9
t
28. Gulzar Hussain Sulah 47 87 77 40 Passes.
h
Muhammed Passed Passed
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
in in 01/2013 01/2013
– – – 2 4
— — — — —
N
o
.
30. Rakesh Kumar Bashi Ram 37 95 79 56 Passes.
2 4
]
– – – – – – –
— T h e
Passed Passed in in 01/2014 01/2014
J
& K
G 31. Pooja Karan Singh 48 68 75 B. Com. Pass in Paper I. Passed Fail in Paper II.
Ambarain Ambarain
o v
t .
G
in 01/2014
a z e
t t
e
,
32. Amit Sharma Ishwar Chander 54 85 78 48 Passes.
1 0
t
h
Passed Passed in in 01/2014 01/2014
S e p
t . ,
33. Neeraj Sharma Rattan Lal 48 80 90 50 Passes.
2 0 1 5
/
1 9
t
h
Passed in 01/2014
B h a d
. ,
34. Ganesh Raj Late 40 82 71 22 Pass in Paper III.
in in
02/2009 07/2012
2 3 7
— — —
—————————————————————————————————————————————— 2 3 8
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
35. Yash Paul Sansar Chand 43 15 57 30 Passes in Papers I
& K
G
& III. Fails in Papers II & IV.
o v
t .
G 36. Alka Arora Kewal Krishan 52 88 60 48 Passes. Arora Passed Passed
a z e
t t
e
,
in in 01/2014 01/2014
1 0
t
h
37. Monika Bhagat Bharat Bhushan 41 60 75 58 Passes in Papers I
S e p
t . ,
Passed & III. Fail in in Paper II.
01/2014
2 0 1 5
/
1 9
t 38. Safina Javeed Syed Javeed 48 82 58 33 Passes with 4
h
Gilani Passed Passed grace marks in
in in Paper IV.
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
01/2014 01/2014
– – – 2 4
— — — — —
07/2013 N
o
.
40. Kulwant Singh Suraj Singh 40 34 47 B. Com. Pass in Paper I.
2 4
] Sambyal Sambyal
Fails in Papers II
– – – – – – –
—
& III.
T h e
J
41 Mohd Ziaur Mohd Sharief 56 38 70 18 Fails in Papers II & K
Rehman Passed & IV. Pass in
G
in
Paper III.
o v
t .
01/2014
G
a z e
t t 42. Shama Gupta Mohan 48 97 70 61 Pass in Paper III.
e
,
Lal Gupta Passed Passed Passed
1 0
t
in in in
h
01/2014 01/2014 01/2014
S e p
t . ,
43. Vinod Kumar Kundan Lal 47 40 62 42 Passes in Papers I.
Bhagat
2 0 1 5
/
Passed & III. Fail in in Paper II.
1 9
t
h
01/2014
B h a d
44. Jagjeet Singh Inder Singh A A A 48 Absent in Papers I,
. ,
Passed II & III.
01/2014
2 3 9
— — —
—————————————————————————————————————————————— 2 4 0
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
45. Sheraz Ahmed Ghulam Nabi 51 77 63 46 Passes.
& K
Sheikh
Passed Passed
G
o v
in in
t .
G
01/2014 01/2014
a z e
t t
e
, 46. Ghulam Sarwar Nissar Hussain 39 12 62 12 Fails in Papers II
Passed Passed & IV.
1 0
t
h
in in
S e p
07/2013 02/2009
t . ,
47. Shiv Ram Late 40 80 80 40 Passes.
2 0 1 5
/
Nasib Chand Passed Passed Passed
1 9
t
h
in in in
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
07/2012 07/2012 06/2010
B h a d
—
. ,
– – – 01/2014
2 4
— — — — —
N
o
.
49. Anshu Gupta Ganesh Dass 66 131 66 72 Passes.
2 4
Gupta Passed Passed Passed
]
– – – – – – –
— T h e
in in in 01/2014 01/2014 01/2014
J
& K
50. Naresh Kumar Kaka Ram 47 60 89 37 Passes in Papers I
G
o v
t .
Passed & III. Fail in in Paper II.
G
01/2014
a z e
t t
e
,
51. Sandeep Shadi Lal 50 34 70 55 Passes in Papers I 1 0
t
h
Bakshi Bakshi
Passed & III. Fail in in Paper II.
S e p
t . ,
01/2014
2 0 1 5
/ 52. Javid Iqbal Mohd Amin 49 17 66 8 Passes in Papers I
1 9
t
h
& III. Fails in Papers II & IV. B h a d
. ,
53. Abdul Hamid Mohd Hussain 40 83 63 38 Passes.
2 4 1
— — —
in in 07/2013 06/2010 —————————————————————————————————————————————— 2 4 2
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
& K 54. Muniver Wazir Mohd 37 78 56 17 Pass in Paper I. Passed Passed Fail in Paper IV.
Hussain
G
o v
t .
in in 01/2014 07/2013
G
a z e
t t 55. Pradeep Kumar Triloki Nath 41 A A B. Com. Absent in Papers
e
,
Regu Regu Passed
II & III.
1 0
t
h
in 01/2014
S e p
t . ,
56. Fayaz Ahmad Mohd Ramzan 41 132 82 38 Passes.
Shan Shan Passed Passed
2 0 1 5
/
1 9
t
h
in in 01/2014 01/2014
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
57. Sayar Ahmad Mohd Akber 44 53 79 35 Passes in Papers I
. ,
Mir Mir
& III. Fails in
– – – 2 4
— — — — —
Afzal Wani N
o
.
59. Shahnawaz Mohd Shafi 48 53 63 37 Passes in Papers I
2 4
Umer Khan Khan
]
– – – – – – –
—
III & IV. Fail in Paper II.
T h e
J 60. Pervaize Ahmad Gulam Mohmad 60 79 82 39 Passes.
& K Shiekh Shiekh
G
o v 61. Imteyaz Ahmad Mohmad Shafi 61 76 60 41 Passes.
t .
G Ganayee
a z e
t t 62. Abdul Raqib Abdul Hai 61 37 72 30 Passes in Papers I
e
,
Bhat Bhat
& III. Fails in
1 0
t
h
Papers II & IV.
S e p
63. Nadia Khanday G. A. Khanday 62 89 55 39 Passes.
t . ,
2 0 1 5
/
1 9
t
h 64. Zubair Sultan Mohd Sultan 51 68 67 38 Passes with 6 grace mark in Paper II.
B h a d
. , 65. Karan Singh Late Om 50 76 57 33 Passes with 4 01/2014 01/2014
2 4 3
— — —
—————————————————————————————————————————————— 2 4 4
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
66. Nazir Hussain Nissar Hussain 60 26 85 12 Fails in Papers II
& K
Passed & IV. Passes in
G
Paper III.
o v
t .
in 01/2014
G
a z e
t t
e 67. Dar Farooq Ab. Salam 37 123 66 47 Passes.
,
Ahmad Dar Passed Passed
1 0
t
h
in in
01/2014 01/2014
S e p
t . ,
68. Stanzin Tsering 41 88 68 56 Passes.
2 0 1 5
/
Khewang Paljor Passed passed Passed
1 9
t
h
in in in 01/2014 01/2014 01/2014
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
– – – 2 4
— — — — —
N
o
.
70. Javeed Ahmad Mohd Yousuf 40 27 68 48 Fail in Paper II.
2 4
]
– – – – – – – Dar Dar Passed passed Passed
— T h e
J
in in in 07/2013 07/2013 01/2013
& K
71. Archana Bhat S. K. Bhat 44 82 77 38 Passes.
G
o v
t .
G
Passed passed Passed in in in 01/2014 01/2014 01/2014
a z e
t t
e
,
72. Mukhtar Hussain Abdul Hussain 39 33 55 23 Passes in Papers I 1 0
t
h
& III. Fails in Papers II & IV. S e p
t . ,
73. Noor Mohd Gh. Qadir 48 86 72 40 Passes.
2 0 1 5
/ Baba Baba Passed passed Passed
1 9
t
in in in
h
07/2012 07/2012 07/2012
B h a d
. , 2 4 5
— — —
in 01/2014 —————————————————————————————————————————————— 2 4 6
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
75. Vikas Pandita Shamboo 39 75 56 48 Passes.
J
Nath Pandita Passed Passed
& K
G
o v
in 01/2014
in 01/2014
t .
G
76. Vinu Koul Autar Krishan 40 126 95 54 Passes.
a z e
t t Koul passed Passed
e
,
1 0
t
in in 01/2014 01/2014
h
77. Fayaz Ahmad Abdul Kabir A A A A Absent.
S e p
t . , Raina Raina
2 0 1 5
/
78. Ashwani Raina Triloki Nath 37 90 87 38 Passes.
1 9
t
h Raina passed Passed
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
in in 01/2014 01/2014
. ,
– – – 2 4
— — — — —
N
o
.
80. Mohd Syed Gull Mohd A A A A Absent.
2 4
Vaid Vaid
]
– – – – – – –
— T h e
81. Krishan Kumar Jeet Kumar 44 110 74 B. Com. Passes.
J
& K
G
Passed Passed
in in
01/2014 01/2014
o v
t .
G 82. Prince Kumar Krishan Lal
Later on.
a z e Bhat
t t
e
,
83. Meenakshi Dhar Moti Lal 50 71 96 B. Com. Pass with 3
1 0
t
h
Dhar
grace marks in Paper II.
S e p
t . ,
84. Archana Pandita Roop Krishan 43 74 94 45 Passes.
2 0 1 5 Pandita Passed Passed Passed
/
1 9
t
h
in in in 01/2014 01/2014 01/2014
B h a d
85. Tasleema Akhter Bashir Ahmad 41 88 48 41 Fail in Paper III.
. ,
Rather Passed passed Passed
in in in 10/1999 10/1999 01/2005
2 4 7
— — —
——————————————————————————————————————————————
2 4 8 1 2 3 4 5 6 7 8
T h e
J —————————————————————————————————————————————— 86. Amjad Hassan Gh. Hassan 39 134 42 42 Pass in Paper I. Dar Dar Passed Passed Fail in Paper III. & K
G
in in 01/2014 01/2014
o v
t .
G
87. Sameer Sultan Mohammad 39 108 66 B. Com. Passes.
a z e
Sultan Sofi Passed Passed
t t
e
,
in in
07/2013 07/2013
1 0
t
h
88. Indu Raina Late Omkar 55 23 71 31 Passes in Papers I S e p
Nath Raina
t . ,
& III. Fails in Papers II & IV.
2 0 1 5
/
89. Iqbal Yousuf Iqbal Yousuf 37 75 59 41 Passes.
1 9
t
h
Khan Khan Passed passed Passed
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
in in in 01/2014 01/2014 01/2014
—
. ,
– – – 2 4
— — — — —
N
o
.
91. Sunil Kumar Bansi Lal 43 73 69 39 Passes with 1
2 4
Pandita Pandita Passed Passed grace marks in
]
– – – – – – –
in Paper II.
— T h e
in 01/2014
01/2014
J
& K 92. Sudesh Kumar Jai Krishan 53 75 63 60 Passes.
G Bhat Bhat Passed Passed
o v
t .
G
in in 01/2014 01/2014
a z e
t t
e 93. Mushtaq Ali Ali Mohammad 51 87 102 66 Passes.
,
Rather Rather Passed Passed
1 0
t
h
in in 01/2014 01/2014
S e p
t . ,
94. Iftikhar Hussain Mohd Hussain 46 102 72 62 Passes.
2 0 1 5
/
1 9
t
h
Passed Passed Passed in in in 01/2014 01/2014 01/2014
B h a d
. , 95. Zakir Hussain Mohd Abdullah 46 108 88 53 Passes.
Passed Passed Passed in in in 01/2014 01/2014 01/2014
2 4 9
— — —
—————————————————————————————————————————————— 2 5 0
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
96. Mohd Hassan Mohd Sultan 37 70 75 44 Passes with 4
& K
Passed Passed grace marks in
G
in Paper II.
o v
t .
in 01/2014
01/2014
G
a z e
t t
e 97. Gulzar Ahmad Abdul Majid 48 80 54 56 Passes with 1
,
Wani Wani Passed Passed grace marks in
1 0
t
h
in in Paper III.
01/2014 01/2014
S e p
t . ,
98. Imtiyaz Ahmad Mohd Maqbool 49 44 76 59 Passes in Papers I
2 0 1 5
/
Naikoo Naikoo
1 9
t
h
Passed & III. Fail in in Paper II.
01/2014
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
– – – 2 4
— — — — —
N
o
.
100. Vicky Bhat Moti Lal 38 34 53 54 Fail in Papers II
2 4
]
– – – – – – – Bhat Passed Passed & III.
— T h e
in 01/2014
in 01/2014
J
& K
101. Tsering Dolkar Tsering 47 79 66 46 Passes.
G
o v Angchok Passed Passed
t .
G
in in 01/2014 01/2014
a z e
t t
e
,
102. Lobzang Chorol Rigzen 49 79 68 44 Passes.
1 0
t
h Namgyal Passed Passed Passed
S e p
in in in 01/2014 01/2014 01/2014
t . ,
2 0 1 5
/ 103. Palzes Wangmo Tsering 50 74 83 42 Passes.
1 9
t Dorjey
h
Passed in 01/2014
B h a d
. ,
—
Fails in Papers II, — 2
5
III & IV. — 1
—————————————————————————————————————————————— 2 5 2
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
105. Sonia Bhat Onkar Nath 50 99 72 38 Passes.
& K Bhat Passed Passed
G
o v
t .
in in 01/2014 01/2014
G
a z e
106. Rajander Singh Attar Singh 52 84 84 44 Passes.
t t
e
,
1 0
t
h
Passed Passed in in 01/2014 01/2014
S e p
t . , 107. Vijay Pandit Arjan Nath 51 38 50 B. Com. Pass in Paper I.
Pandit
2 0 1 5
/
Fails in Papers II & III.
1 9
t
h
108. Stanzin Palzes Sonam Tashi 46 81 60 37 Passes.
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Angmo
B h a d
—
. ,
– – – 2 4
— — — — —
N
o
.
110. Issa Khan Mussa Khan 52 70 66 27 Passes in Papers I
2 4
]
– – – – – – –
& III. Fails in
—
Papers II & IV.
T h e
J
111. Peerzada Shafiq Peer Gh. Nabi 38 23 75 13 Fails in Papers II
& K
G Ahmad Passed & IV. Pass in
o v
in
Paper III.
t .
G
07/2013
a z e
t t
e
,
112. Inderjeet Singh Late Brahm 46 22 59 25 Passes in Papers I
1 0
t Rattan Singh Rattan
& III. Fails in
h
Papers II & IV.
S e p
t . ,
113. Imtiyaz Ahmad Ghulam Mohd A A A A Absent.
Lone Lone
2 0 1 5
/
1 9
t
h
114. Farooq Ahmad Mohmmad
Later on.
Reshi Shaban Reshi
B h a d
. , 2 5 3
— — —
III & IV.
—————————————————————————————————————————————— 2 5 4
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
116. Daleep Kumar Roshan Lal 60 A A 16 Pass in Paper I.
& K
G
o v
t .
Fail in Paper IV. Absent in Papers II & III.
G
a z e
t t
e 117. Viqar Younus Ghulam Rasool A A A A Absent.
,
Batt Batt
1 0
t
h
118. Anand Thakur Subhash 49 73 54 38 Passes in Papers I
S e p
t . , Sen Chander Sen
& IV. Fails in
Papers II & III.
2 0 1 5
/
1 9
t
h
119. Mohammad Mohammad 50 72 53 31 Pass in Paper I.
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. , Abdul Basit Aslam Rizvi
Fails in Papers II, III & IV.
– – – 2 4
— — — — —
N
o
.
121. Monika Lahotra Sunil Kumar 58 A 64 22 Passes in Papers I
2 4
& III. Fail in
]
– – – – – – –
— T h e
Paper IV. Absent in Paper II.
J
& K
G 122. Rahul Mahajan Arun Kumar 50 105 90 65 Passes.
o v
t .
G
123. Ruchit Kumar Ravinder Kumar 48 92 35 34 Passes in Papers I a z e
t t
e
,
& II. Fails in Papers III & IV.
1 0
t
h
124. Isha Jerath Girish Jerath 63 79 96 54 Passes.
S e p
t . ,
125. Nishu Ashok Kumar 56 111 94 56 Passes.
2 0 1 5
/
Kapahi
1 9
t
h
B h a d
. , Pandit Raina Raina 127. Ajaz Hussain Mohd Hussain 53 111 83 48 Passes.
2 5 5
— — —
—————————————————————————————————————————————— 2 5 6
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J 128. Tabraiz Sadiq Sadiq Hussain 54 88 72 51 Passes.
Shapoo
& K
G
o v
Passed Passed in in 01/2014 01/2014
t .
G
129. Gopal Kumar Krishan Kumar 48 55 57 25 Passes in Papers I a z e
t t
e
,
& III. Fails in Papers II & IV.
1 0
t
h
130. Mohd Ashak Lal Din 37 13 53 28 Pass in Paper I.
S e p
t . ,
Fails in Papers II, III & IV.
2 0 1 5 131. Mohd Umran Mohd Ramzan A A A A Absent.
/
1 9
t
h
132. Mohd Yasir Abdul Kabir 43 05 40 A Pass in Paper I .
Mir Mir
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
Fails in Papers II, & III . Absent in Paper IV.
– – – 2 4
— — — — —
N
o
.
134. Mohd Zafeer Faiz Mohd 49 11 60 13 Passes in Papers I
2 4
]
– – – – – – –
& III. Fails in Papers II & IV. — T h e
J
135. Yudhbir Singh Nasib Singh 47 35 73 13 Passes in Papers I
& K
G
& III. Fails in Papers II & IV.
o v
t .
136. Meenakshi Rattan Lal 44 15 39 6 Pass in Paper I. G
a z e
t t
Fails in Papers II III & IV.
e
,
1 0
t
h 137. Monika Dogra Tara Nath 33 14 16 15 Fails.
S e p 138. Mehboob Hasham Ali 51 15 56 15 Passes in Papers I
t . ,
Chowdhary
& III. Fails in Papers II & IV.
2 0 1 5
/
1 9
t
139. Rakhi Gupta Daulat Ram 50 69 60 31 Passes in Papers I
h
B h a d
& III. Fails in Papers II & IV.
. ,
—
& III. Fails in — 2
5
Papers II & IV. — 7
——————————————————————————————————————————————
2 5 8 1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
141. Vandana Prem Sharma 54 8 10 18 Pass in Paper I . & K
G
Fails in Papers II, III & IV.
o v
t .
G
142. Jigmat Lotos Tsering Stobdan 41 43 61 22 Passes in Papers I
a z e
t t
e
& III. Fails in
,
Papers II & IV.
1 0
t
h
143. Dechen Angmo Dawa Nurbu 60 76 62 37 Passes.
S e p
t . ,
144. Tsering Motup Tsewang Norboo 52 48 75 29 Passes in Papers I
2 0 1 5
/
1 9
t
& III. Fails in Papers II & IV.
h
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
145. Mohd Aslam Mohd Din 37 25 63 19 Passes in Papers I —
. ,
& III. Fails in
– – – 2 4
— — — — —
N
o
.
147. Tashi Norbu Paldan Gyatso 48 73 78 32 Passes in Papers I
2 4
]
– – – – – – –
& III. Fails in
—
Papers II & IV.
T h e
J
148. Tsewang Tsering Norboo
Later on.
& K
Chosgain
G
o v
t .
G
149. Hameeda Bano Mohd Ramzan 47 10 44 26 Pass in Paper I.
a z e
t t Ali
Fails in Papers II
e
,
III & IV.
1 0
t
h
150. Stanzin Youtok Konchok Rigzin 46 41 71 24 Passes in Papers I S e p
t . ,
& III. Fails in Papers II & IV.
2 0 1 5
/
1 9
t
h
151. Yangchan Dolma Tsering Angchok 44 110 74 37 Passes.
B h a d
. , Paper IV.
2 5 9
— — —
—————————————————————————————————————————————— 2 6 0
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
153. Jigmat Yangzom Sonam Dorjai 54 80 71 33 Passes with 4
& K
grace marks in
G
Paper IV.
o v
t .
G
154. Tenzin Choedak Tsering Namgyal
Later on.
a z e
t t
e
,
1 0
t
Bhat
h 155. Shakeela Late Gh. Rasool 37 51 26 17 Pass in Paper I. Fails in Paper II, III & IV.
S e p
t . ,
156. Tsering Dolma Tsewang Rigzin 54 72 65 37 Passes with 2
2 0 1 5
/
grace marks in Paper II.
1 9
t
h
157. Sajjad Hussain Ghulam Abass 47 52 82 37 Passes in Papers I,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
III & IV. Fail in Paper II.
– – – 2 4
— — — — —
N
o
.
159. Tsewang Tsering Norboo 45 26 65 16 Passes in Papers I,
2 4
Gyaltsan
]
– – – – – – –
—
& III. Fails in Papers II & IV.
T h e
J
160. Mohd Hussain Ghulam Mohd 46 104 73 37 Passes.
& K
G
161. Tsewang Sonam Motup 49 54 72 23 Passes in Papers I, o v
t .
Gyaltsan
G
& III. Fails in Papers II & IV.
a z e
t t
e
,
162. Hakim Banoo Mohd Hassan 50 27 39 38 Passes in Papers I, 1 0
t
h
& IV. Fails in Papers II & III.
S e p
t . ,
163. Mohd Murtaza Hussain Ali
Later on.
2 0 1 5
/
1 9
t 164. Jigmet Angmo Tsering Motup 52 72 71 21 Passes in Papers I
h
& III. Fails in Papers II & IV.
B h a d
. ,
—
grace marks in — 2
6
Paper II. — 1
——————————————————————————————————————————————
2 6 2 1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
166. Javed Miadad Ali Hussain 50 54 74 35 Passes in Papers I & K
G
& III. Fails in
o v
Papers II & IV.
t .
G
a z e
167. Rigzin Chemat Tonyoth 50 90 75 32 Passes with 5
t t
e
,
Tamchos
grace marks in
1 0
Paper IV.
t
h
S e p 168. Mohd Salim Mohd Yassin 51 08 64 20 Passes in Papers I
t . ,
& III. Fails in
Papers II & IV.
2 0 1 5
/
1 9
t
h
169. Tsewang Tsering 52 73 100 B. Com. Passes with 1
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Gurmet Angchok
grace marks in
B h a d
—
. ,
Paper II.
– – – 2 4
— — — — —
N
o
.
171. Stanzin Tsering 51 53 51 34 Pass in Paper I.
2 4
Yangchan Tundup
]
– – – – – – –
—
Fails in Papers II, III & IV.
T h e
J
172. Mansoor Ali Mohd Mohsin A A A A Absent.
& K
G 173. Pawan Ji Brij Nath 46 39 48 31 Pass in Paper I.
o v Koul Koul
t .
G
Fails in Papers II, III & IV.
a z e
t t
e 174. Abdul Majid Manzoor Ahmad 48 102 71 34 Passes with 3
,
Mujahid Qureshi
1 0
t
h
grace marks in Paper IV.
S e p
175. Nazir Ahmad Late Ghulam 31 10 68 15 Fails in Papers I. t . ,
Pall Nabi Pall
2 0 1 5
II & IV. Pass in Paper III.
/
1 9
t
h
176. Ravinder Bhat Late Roshan 51 27 85 29 Passes in Paper I
Lal Bhat
B h a d
. ,
& III. Fails in Papers II & IV.
Mir Mir
2 6 3
— — —
——————————————————————————————————————————————
2 6 4 1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
178. Prity Raina R. N. Raina 51 34 57 M. Com. Passes in Papers I & K
G
& III. Fail in Paper II.
o v
t .
G
179. Simy Kumari Bhushan
Later on.
a z e
t t Lal Raina
e
,
1 0 180. Sunina Koul Girdhari Lal 53 41 57 20 Passes in Papers I
t
h
Koul
& III. Fails in Papers II & IV.
S e p
t . ,
181. Abdullah Jan Abdul Wahid 44 12 42 32 Pass in Paper I.
2 0 1 5
/
Mir Mir
1 9
t
Fails in Papers II, III & IV.
h
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
182. Mohd Mukhtar Akhone Gh. 41 39 23 27 Pass in Paper I.
B h a d
—
. ,
Mehdi
– – – 2 4
— — — — —
N
o
.
184. Mohd Sajad Haji Hussain 46 10 50 10 Pass in Paper I.
2 4
]
– – – – – – –
—
Fails in Papers II, III & IV.
T h e
J
185. Akbar Ali Mohd Abdullah 51 37 56 26 Passes in Papers I & K
G
& III. Fails in Papers II & IV.
o v
t .
G
186. Gh. Ali Mohd Javeed 51 80 73 34 Passes with 3
a z e
t t
e
,
grace marks in Paper IV.
1 0
t
h
187. Manzoor-ul- Gh. Hassan 41 9 51 20 Pass in Paper I.
S e p
t . ,
Hassan Dar
Fails in Papers II, III & IV.
2 0 1 5
/
1 9
t
h 188. Liyaqat Ali Mohd Issa 49 45 73 18 Passes in Papers I
B h a d
. ,
& III. Fails in Papers II & IV.
—
189. Mohd Yosouf Gh. Hassan
— 2
Mir Mir 6
— 5
—————————————————————————————————————————————— 2 6 6
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
& K
G 190. Rigzin Chondol Tsering Motup 45 56 95 41 Passes in Papers I, III & IV. Fail in Paper II .
o v
t .
G
a z e 191. Diskit Angmo Tsering Angchok 54 78 78 37 Passes.
t t
e
,
1 0
t
192. Sonam Chorol Tsewang Norboo 46 11 75 23 Passes in Papers I
h
S e p
& III. Fails in Papers II & IV.
t . ,
2 0 1 5
/
1 9
t 193. Tahira Khanam Mohd Ali 51 29 76 42 Passes in Papers I, III & IV. Fail in
h
Paper II.
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
– – – 2 4
— — — — —
N
o
.
2 4
]
– – – – – – –
—
195. Abdul Quyoom Haji Abdul 45 23 29 A Pass in Paper I. Fail in Papers II & III. Absent in T h e
Paper IV.
J
& K
196. Vilap Koul Kashi Nath 43 7 69 26 Passes in Papers I G
o v Koul
t .
G
& III. Fails in Papers II & IV.
a z e
t t
e
,
197. Yash Paul Krishan Lal 52 48 51 26 Pass in Paper I.
1 0
t
Fails in Papers II,
h
III & IV.
S e p
t . ,
Later on.
198. Mohd Syeed Gh. Hassan Shah Shah
2 0 1 5
/
1 9
t
h
199. Pooja Magotra Vijay Kumar A A A A Absent.
B h a d
. ,
200. Sheikh Showket Sheikh Abdul A 35 52 B. Com. Fails in Papers II 2 6 7
— — —
—————————————————————————————————————————————— 2 6 8
1 2 3 4 5 6 7 8
——————————————————————————————————————————————
T h e
J
201. Humma Khurshid Mehmoob Ali 37 48 82 30 Fails in Paper II
& K
G Malik Passed & IV. Pass in
o v
Paper III.
t .
G
in 01/2014
a z e
t t
e
,
202. Vijay Kumar Krishan Kumar 51 56 70 15 Passes in Papers I
1 0
t
Gupta Gupta
h
& III. Fails in Papers II & IV. S e p
t . ,
2 0 1 5
/
Parihar
1 9
t
h 203. Koushal Parihar Bansi Lal 45 0 35 A Pass in Paper I . Fails in Papers II & III. Absent in Paper IV.
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
– – – 2 4
— — — — —
N
o
.
205. Seema Bamba Tilak Raj 44 85 59 48 Passes.
2 4
Bamba Passed Passed
]
– – – – – – –
— T h e
in in
01/2014 01/2014
J
& K
206. Rajni Choudhary Bachan Singh 54 121 66 66 Passes.
G
o v
t .
G
Passed Passed Passed in in in 01/2014 01/2014 01/2014
a z e
t t
e
,
1 0
t
h
S e p
t . , 207. Som Lal Sewa Ram 47 97 56 19 Pass in Paper I. Passed Passed Fail in Paper IV. 2 0 1 5
/
1 9
in in 07/2012 07/2012
t
h
208. Poonam Sambyal Kamal Singh 37 70 61 52 Passes with 4
B h a d
. ,
Sambyal Passed Passed grace marks in 2 6 9
— — —
—————————————————————————————————————————————— 2 7 0
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
209. Mushtaq Ahmed Noor Din 46 72 78 50 Passes with 2
J
Passed grace marks in
& K
in Paper II.
G
o v
01/2014
t .
G
a z e 210. Ashok Kumar Bodh Raj 21 17 49 13 Fails.
t t
e
, Sharma Sharma
1 0
t
h
211. Shiveta Mantoo Sohan Lal 62 84 88 B. Com. Passes.
Mantoo Passed
S e p
t . ,
in 01/2014
2 0 1 5
/
1 9
t
h
212. Sandhya Dhar Maharaj 28 07 64 B. Com. Fails in Papers I
Krishan Dhar
& II. Pass in
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
Paper III.
– – – 2 4
— — — — —
N
o
.
214. Neelam Dogra Hans Raj 40 57 75 52 Fail in Paper II.
2 4
Passed Passed Pass in Paper
]
– – – – – – –
—
in III.
T h e
in 01/2014
01/2014
J
& K
215. Anil Kumar Sat Bhushan 38 33 62 B. Com. Passes in Papers I
G
o v Gupta Gupta
t .
& III. Fail in Paper II.
G
a z e
t t
e
, 216. Skandya Devi Janak Raj 48 93 95 60 Passes.
1 0 Saini
t
h
Passed in 01/2014
S e p
t . ,
217. Raghu Vir Balwant 48 30 78 B. Com. Passes in Papers I
2 0 1 5
/
Singh Singh
1 9
t
h
& III. Fail in Paper II.
B h a d
. , 218. Sonika Sharma Ashok Kumar 50 61 67 54 Passes in Papers I 01/2014
2 7 1
— — —
—————————————————————————————————————————————— 2 7 2
1 2 3 4 5 6 7 8
—————————————————————————————————————————————— T h e
J
219. Naveen Chander Krishan Lal 46 31 85 47 Passes in Papers I
& K
G
Passed & III. Fail in
o v
in Paper II.
t .
G
01/2014
a z e
t t
e
,
220. Raijatinder Jai Singh 40 95 80 66 Passes.
1 0 Singh Passed Passed Passed
t
h
in in in 01/2014 01/2014 01/2014
S e p
t . ,
221. Tasveer Ahmed Wazir Hussain 47 55 76 39 Passes in Papers I
2 0 1 5
/
Passed & III. Fail in
1 9
t
h
in Paper II.
01/2014
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
– – – 2 4
— — — — —
N
o
.
223. Rakesh Kumar Gurdass Chand 32 68 67 55 Fails in Papers I
2 4
]
– – – – – – –
—
Passed & II. Pass in in Paper III.
T h e
J
01/2014
& K
224. Rajni Sharma Ram Kumar 48 94 57 44 Passes.
G
o v Sharma
t .
G
Passed Passed in in 01/2014 01/2014
a z e
t t
e
,
225. Baldev Singh Balwant Singh 41 05 45 05 Passes in Paper I. 1 0
t
h
Fails in Papers II, III & IV.
S e p
t . ,
226. Ab. Rahim Naymatullah 40 77 57 43 Passes.
2 0 1 5
/ Rather Rather Passed Passed Passed
1 9
t
h
in in in 10/1999 09/1995 04/2001
B h a d
. ,
227. Vidhya Raina Chaman Lal 45 22 76 19 Fails in Papers II 2 7 3
— — —
in 01/2014 ——————————————————————————————————————————————
2 7 4
1 2 3 4 5 6 7 8
——————————————————————————————————————————————
T h e
J
228. Poonam Jamwal Hakikat Singh 51 15 57 15 Passes in Papers I & K
G
o v
& III. Fails in Papers II & IV.
t .
G
229. Audil Altaf Syed M. Altaf 38 07 A A Pass in Paper I.
a z e
t t
e
, Andrabi
1 0
t
h
Fail in Paper II. Absent in Papers III & IV.
S e p
226. Banti Kumari Moti Lal 39 108 71 37 Passes.
t . ,
Bhat Passed Passed Passed
2 0 1 5
/
in in in
1 9
t
07/2013 07/2013 07/2013
h
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
B h a d
—
. ,
– – – 2 4
— — — — —
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Srinagar, Thu., the 10th Sept., 2015/19th Bhad., 1937. [ No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A
Orders by Heads of Departments.
–––––––
CHARGE REPORTS
In pursuance to Government Order No. 1117-GAD of 2015 dated 19-08-2015, issued under endorsement No. GAD(Ser)Genl/40/2008 dated 19-08-2015, I, G. A. Sofi hereby assume the charge of the Post of Director General, State Motor Garages Department today the 19th of August, 2015 afternoon.
(Sd.) G. A. SOFI,
Director General, State Motor Garages Department, J&K, Srinagar.
––––––––
48 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Subject :––Assuming of charge as Director General, Fire and Emergency
Services, J&K.
–––––––
In pursuance of Government Order No. 675-GAD of 2015 dated 18-05-2015, I hereby assume the charge as Director General, Fire and Emergency Services, J&K today on 21-05-2015 A. N.
(Sd.) ER. R. S. SODHI,
Director General, Fire and Emergency Services, J&K, Srinagar.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Thu., the 10th Sept., 2015/19th Bhad., 1937. [ No. 24
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———– GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DEPUTY COMMISSIONER, GANDERBAL, MINI SECRETARIAT, GANDERBAL.
Subject :–––Acquisition of land for upgradation/widening of Beehama- Safapora Road in Estate Pahlipora, Tehsil Lar, District Ganderbal.
Reference :–––1. Executive Engineer, (R&B) Division, Ganderbal letter
No. 2934-35 dated 20-05-2015.
2. Tehsildar, Lar Office letter No. 578/OQ/TL dated
29-03-2015.
––––––
In exercise of the powers vested in me under section 4(1) of J&K Land Acquisition Act, Samvat 1990, I, Naseer Ahmad Wani, Collector, Land Acquisition (Assistant Commissioner, Revenue), Ganderbal do bereby notify the land particulars of which are givern below fo r public purpose 384 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— namely widening of Beehama-Safapora Road in Estate Pahlipora, Tehsil Lar, District Ganderbal :–––
District Tehsil Village Survey Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S. Ganderbal Lar Pahlipora 420 Min 00–00–05 422 Min 00–12–00 425 00–14–08 427 Min 00–04–1½ 454 00–08–04 429 00–04–2½ –––––––––
Total 02–04–03
––––––––– Having noitified the land above, objections, if any, in terms of sections 5 & 5 (a) of the J&K Land Acqusition Act, Samvat 1990 shall be filed by the land owners/other interested persons before the undersigned within fifteen days from the publication of this notification in the Print Media. No objectoin shall be entertained after the stipulate time.
(Sd.) .........................
Collector, Land Acquisition, Assistant Commissioner (Rev.), Ganderbal.
––––––– Notice My monther's name has wrongly been written as Anita Chowdhary instead of Anita Choudhary in my school records studying in 10th Class under Roll No. 2. Now, I am applying for correction. Objection, if any, may be conveyed to Presentation Convent Senior Sec. School within 7 days.
Aastha Chowdhary, D/o Lt. Shri Anil Chowdhary, R/o 232/3, Sanjay Nagar, Opp. J&K Bank, Rani Talab, Digiana.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Srinagar, Thu., the 10th Sept., 2015/19th Bhad., 1937. [ No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– ADVERTISEMENTS–C
––––––
POLICE HEADQUARTERS, J&K, SRINAGAR.
e-NIT No. 21 of 2015
Dated 21-08-2015.
For and on behalf of the Governor of Jammu and Kashmir, e-Tenders
in two cover system (Technical and Financial Bid) are hereby invited from
original manufacturers/authorized dealers having specific authorization
from their original manufacturer/s to quote against this tender (as per
format provided in Appendix-1) for supply of uniform items as detailed in
Annexure-A to this NIT (as indicated in the detailed SBD and BoQs). The
download of NIT shall start on 21-08-2015 at 1300 hours. Tenders shall be
submitted online on J&K State e-Procurement Portal www.jktenders.gov.in
before 22-09-2015 up to 1600 hours. The samples shall be submitted at
Police Central Store, Gandhi Nagar, Jammu and Police Central Store,
Zewan, Srinagar before closing date of submission of e-Tender. Samples
received after the prescribed date or time shall not be accepted.
The tenders (technical bids only) will be opened online on 24-09-2015 at 1100 hours at Police Headquarters, Peerbagh, Srinagar. In case of unforeseen circumstances, the date of opening will be next working day.
100 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Detailed tender documents (SBD) with terms and conditions are available on J&K State e-Procurement Portal www.jktenders.gov.in.
(Sd.) ..........................
AIG (Prov./Tpt.) For Director General of Police, J&K, Srinagar.
–––––––
POLICE HEADQUARTERS, J&K, SRINAGAR.
e-NIT No. 22 of 2015
Dated 21-08-2015.
For and on behalf of the Governor of Jammu and Kashmir, e-Tenders
in two cover system (Technical and Financial Bid) are hereby invited from
original manufacturers/authorized dealers having specific authorization from
their original manufacturer/s to quote against this tender (as per format
provided in Appendix-1) for supply of equipment items as detailed in
Annexure-A to this NIT (as indicated in the detailed SBD and BoQs). The
download of NIT shall start on 21-08-2015 at 1300 hours. Tenders shall be
submitted online on J&K State e-Procurement Portal www.jktenders.gov.in
before 22-09-2015 up to 1600 hours. The samples shall be submitted at
Police Central Store, Gandhi Nagar, Jammu and Police Central Store, Zewan,
Srinagar before closing date of submission of e-Tender. Samples received
after the prescribed date or time shall not be accepted.
The tenders (technical bids only) will be opened online on 24-09-2015 at 1100 hours at Police Headquarters, Peerbagh, Srinagar. In case of unforeseen circumstances, the date of opening will be next working day.
Detailed tender documents (SBD) with terms and conditions are
available on J&K State e-Procurement Portal www.jktenders.gov.in.
(Sd.) ..........................
AIG (Prov./Tpt.) For Director General of Police, J&K, Srinagar.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 30th July, 2015/8th Srav., 1937. [No. 18-b
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 30th July, 2015.
SRO-244.––Whereas, Government vide Notification SRO-125 dated 21st April, 2014, appointed Additional District and Sessions Judge, Udhampur as an Arbitrator for a period of four months to make an award in respect of land measuring 1780 Kanals 09 Marlas comprising Khasra Numbers shown in Annexure "A" to this notification situated at Village Priyan, Gordi, Southan, Sutain and Thill of Tehsil and District Udhampur ; and
Whereas, the said Arbitrator has requested for further extension time
enabling him to complete the proceedings and make the award ; and 2 The J&K Govt. Gazette, 30th July, 2015/8th Srav., 1937. [No. 18-b ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Whereas, the Government has considered the matter and decided that further extension in time for making the award by the Arbitrator be granted.
Now, therefore. in exercise of powers conferred by sub-rule (1) of rule 10 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rules, 1969, the Government hereby direct that the time for making the award shall and shall always be deemed to have extended by further period of one year w. e. f. 21st of August, 2014.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K GOYAL, IAS,
Principal Secretary to Government. Home Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 30th July, 2015/8th Srav., 1937. [No. 18-c
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––REVENUE DEPARTMENT
(Haj and Auqaf Section)
Notification
Srinagar, the 30th July, 2015.
SRO-245.––In exercise of the powers conferred by sub-section (1) of section 6 of the Jammu and Kashmir Wakafs Act, 2001 (Act No. III of 2001), the Government after consulting the Chairman Sub-Auqaf Committee, Trehgam, hereby publish the details of land measuring 16 Kanals comprising, Khasra Nos. 818 (01K–10M), 828 (04K–09M), 2 The J&K Govt. Gazette, 30th July, 2015/8th Srav., 1937. [No. 18-c ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
831 (02K-11M), 853 (02K–08M) and 855 (01K), situated at Village Trehgam, Tehsil Sonawari, District Bandipora, partly used as Graveyard as Wakaf Property.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD AFZAL, IAS,
Secretary to Government. Revenue Department.
–––––––
N
o
Annexure-II
.
1 8
Survey
– – – – – – –
- c ]
—
S. No. District Tehsil Village Khasra Nos. Area Nature of Property ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
T h e
J
K. M. Sft.
& K
1. Baramullah Sonawari Trehgam 818 01––10––00 Graveyard
G
o v 2. do. do. do. 828 04––09––00 Banjar-i-Qadeem
t .
G
a z e
t t
e
,
3 0
t
04––02––00 Gair Mumkin ––––––––– 08––11––00 –––––––––
h
3. do. do. do. 831 02––11––00 Graveyard
J u
l
y
,
4. do. do. do. 853 02––08––00 Banjar-i-Qadeem
2 0 1 5 5. do. do. do. 855 01––00––00 do.
/
8
t
h
S
–––––––––– Total 16––00––00 ––––––––––
r a v
. , Special Officer, Auqaf, J&K, Srinagar.
— — —
3
––––––– 4 The J&K Govt. Gazette, 30th July, 2015/8th Srav., 1937. [No. 18-c ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 18-d] The J&K Govt. Gazette, 31st July, 2015/9h Srav., 1937. Fri. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 31st July, 2015.
SRO-246.––In exercise of the powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 and in supersession of Notification SRO No. 375 dated 15-11-2012, the Government of Jammu and Kashmir hereby appoint Principal Secretary to Government, Home Department as an authority for the purpose of sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 in respect of offences falling under Chapter IV and VI of the
said Act.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K GOYAL, IAS,
Principal Secretary to Government. Home Department.
No. 18-e] The J&K Govt. Gazette, 31st July, 2015/9th Srav., 1937. Fri. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 31st July, 2015.
SRO-247.––In exercise of the powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 and in supersession of Notification SRO No. 375 dated 15-11-2012, the Government of Jammu and Kashmir hereby appoint Special Secretary to Government, Home Department dealing with the Prosecution Section as an authority for the purpose of sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 in respect of offences falling under
Chapter III of the said Act.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K GOYAL, IAS,
Principal Secretary to Government. Home Department.
No. 18-h] The J&K Govt. Gazette, 3rd Aug, 2015/12th Srav., 1937. Mon. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS
(Power Section)
Notification
Srinagar, the 3rd August, 2015.
SRO-250.––In exercise of powers conferred by sub-section (1) of section 12 of the Code of Criminal Procedure, Samvat 1989, the Government hereby appoint following officers to be the Executive Magistrates of the First Class who shall exercise all the powers of an Executive Magistrate of the First Class within their respective territorial jurisdictions of District Leh :––
S. No. Name of the Officer Designation and place of posting ––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
1. Abdul Rahim I/c Naib-Tehsildar, Leh
2. Mushtaq Ahmad I/c Naib-Tehsildar, Gia
3. Attaullah Khan I/c Naib-Tehsildar, Kharu
4. Tashi Jorgais I/c Naib-Tehsildar, Khato
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government, Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Mon., the 3rd Aug., 2015/12th Srav., 1937. [No. 18-i
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 3rd August, 2015.
SRO-251.––In exercise of the powers conferred by section 5 of the Jammu and Kashmir Levy of Toll Act, Samvat 1995 (Act No. VIII of 1995), the Government hereby exempt from payment of toll, leviable under the said Act, the live chicken, to be imported into the State, for the purpose of setting up of Poultry Processing Units in the State provided that––
(i) the quantity as per the scale shall be determined by the Director,
Industries, Jammu/Kashmir as the case may be ;
2 The J&K Govt. Gazette, 3rd Aug., 2015/12th Srav., 1937. [No. 18-i ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ii) the entrepreneur will obtain before hand a certificate from Director, Industries concerned that the live chicken with specified quantity is being imported for the purpose for which exemption is being granted ;
(iii) the registered poultry processing units of the State shall be open/functional (from time to time) for the purpose of inspection of its records ;
(iv) the Director, Industries, Jammu/Kashmir will be the authority to inspect the registered poultry processing units and submit periodical inspection reports with regard to actual functioning of these units to the Excise Commissioner, J&K, to ensure that the purpose of exemption is being served ;
(v) in case any of the registered poultry processing unit is found guilty of misusing the said exemption, such unit shall be liable to deposit the amount for which exemption of toll availed by it during that particular Financial Year as determined by the Assessing Officer of the Excise Department.
This notification shall come into force from the date of its issuance.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Commissioner/Secretary to Government, Finance Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Tue., the 4th Aug., 2015/13th Srav., 1937. [No. 18-j
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY
Notification
Srinagar, the 4th August, 2015.
SRO-252.––In exercise of the powers conferred by sub-section (1) of section 4 of the Jammu and Kashmir State Forest Corporation Act, 1978 (Act No. XII of 1978) and in supersession of Notification SRO-274 dated 24th August, 2012, the Government hereby appoint the following as Chairman, Vice-Chairman and Members/Directors of the Jammu and 2 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-j ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Kashmir State Forest Corporation constituted under Notification SRO-361 dated 01-07-1979 :––
1. Minister for Forests, Environment and Ex-officio
Ecology Chairman
2. Minister of State for Forests, Environment Ex-officio
and Ecology Vice-Chairman
3. Shri Dina Nath Bhagat, Hon'ble Member Director
Legislative Assembly
4. Shri Yasir Reshi, Hon'ble Member Director
Legislative Council
5. Administrative Secretary, Planning and Director
Development Department
6. Administrative Secretary, Forest Department Director
7. Administrative Secretary, Finance Director
Department
8. Principal Chief Conservator of Forests, J&K Director
9. Managing Director, J&K State Forest Director
Corporation
By order of the Government of Jammu and Kashmir.
(Sd.) RAKESH K. GUPTA, IAS,
Principal Secretary to Government, Department of Forest, Environment and Ecology.
No. 18-k] The J&K Govt. Gazette, 4th Aug, 2015/13th Srav., 1937. Tue. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Srinagar, the 4th of August, 2015.
SRO-253.––In exercise of the powers conferred by section 6 read with section 7 of the Jammu and Kashmir Criminal Law (Amendment) Act, 1958 (Act No. III of 1958) and in supersession of Notification SRO-28 dated 27-01-2015, the Government hereby appoint Shri Vinod Chaterji Koul, District Judge as Special Judge, Anti-Corruption for trial of CBI cases at Jammu.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government, Department of Law, Justice and
Parliamentary Affairs.
No. 18-l] The J&K Govt. Gazette, 4th Aug, 2015/13th Srav., 1937. Tue. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Srinagar, the 4th of August, 2015.
SRO-254.––In exercise of the powers conferred by section 6 read with section 7 of the Jammu and Kashmir Criminal Law (Amendment) Act, 1958 (Act No. III of 1958), the Government hereby appoint Shri Shujat Ali Khan, District Judge as Special Judge, Anti-Corruption for trial of CBI cases at Srinagar.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government, Department of Law, Justice and
Parliamentary Affairs.
No. 18-m] The J&K Govt. Gazette, 4th Aug, 2015/13th Srav., 1937. Tue. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Srinagar, the 4th of August, 2015.
SRO-255.––In exercise of the powers conferred by section 23 of Prevention of Terrorism Act, 2002 and section 9 (4) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and in supersession of Notification SRO-59 of 2014 dated 11th March, 2014, the Government hereby directs that Shri Sanjeev Kumar Bhagat, Member Higher Judicial Service shall function as Special Judge, Designated Court, POTA/TADA for Kashmir Division for the purpose of the said Acts.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government, Department of Law, Justice and Parliamentary Affairs.
No. 20-f] The J&K Govt. Gazette, 17th Aug., 2015/26th Srav., 1937. Mon. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Srinagar, the 4th of August, 2015.
SRO-256.––In exercise of the powers conferred by section 6 read with section 7 of the Jammu and Kashmir Criminal Law Amendment Act, 1958 (Act No. III of 1958) and in partial modification of Notification SRO-416 dated 17-10-2014, the Government hereby appoint Shri Kishore Kumar, District Judges as Special Judge, Anti-Corruption, Jammu for trial of offences specified in clause (a), (b) and (c) of sub-section (1) of section 6 of the said Act.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Tue., the 4th Aug., 2015/13th Srav., 1937. [No. 18-o
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Srinagar, the 4th of August, 2015.
SRO-257.––In exercise of the powers conferred by section 6 read with section 7 of the Jammu and Kashmir Criminal Law Amendment Act, 1958 (Act No. III of 1958) and in partial modification of Notification SRO-475 dated 31-10-2014, the Government hereby appoint the following Judicial Officers as Special Judges, Anti-Corruption for trial of offences 2 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-o ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
specified in clause (a), (b) and (c ) of sub-section (1) of section 6 of the said Act within the territorial jurisdictions as shown against each :––
S. No. Name of the Judicial Officer Place of posting ––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
l. S. C. Kattal Additional District and Sessions
Judge, Kathua.
2. Jatinder Singh Jamwal 1st Additional District and
Sessions Judge, Baramulla.
3. Rajeev Gupta Additional District and Sessions
Judge, Anantnag.
4. Virender Singh Bahu Additional District and Sessions
Judge, Pulwama.
5. Ms. Sonia Gupta Additional District and Sessions
Judge, Udhampur.
6. Khalil Ahmad Choudhary Additional District and Sessions
Judge, Rajouri
7. Haq Nawaz Zargar Additional District and Sessions
Judge, Doda.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Tue., the 4th Aug., 2015/13th Srav., 1937. [No. 18-p
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS
(Power Section)
Notification
Srinagar, the 4th of August, 2015.
SRO-258.––In exercise of powers conferred by sub-section (1) of section 12 of the Code of Criminal Procedure, Samvat 1989, the Government hereby appoint the following officers to be the Executive Magistrates of the First Class who shall exercise all the powers of an Executive Magistrate
2 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-p
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
of the First Class within their respective territorial jurisdiction of
District Anantnag :––
S. Name Designation Posting
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
1. Zahid Gani Tehsildar HQA to D. C.,
Anantnag
2. Mohammad Shafi I/c Naib Tehsildar Anantnag
3. Sheikh Mohmmad Syed I/c Naib Tehsildar Dialgam
4. Sheikh Zahoor Ahmad I/c Naib Tehsildar Hakura
Badasgam
5. Gh. Nabi Lone I/c Naib Tehsildar Achabal
6. Jawaid Ahmad Hakeem I/c Naib Tehsildar Chiturgul
7. Javid Ahmad Qadri I/c Naib Tehsildar Wandwagam
8. Gh. Ahmad Itoo I/A Naib Tehsildar Kokarnag
9. Gh. Nabi Bhat I/c Naib Tehsildar Sagam
10. Gh. Nabi Lone I/c Naib Tehsildar Saidinara
11. Manzoor Ahmad Chooda I/c Naib Tehsildar Verinag
12. Bashir Ahmad Bhat I/c Naib Tehsildar Dooru
13. Ab. Gani Bhat I/c Naib Tehsildar Qazigund
14. Gull Mohammad Hajam I/c Naib Tehsildar Vessu
No. 18-p] The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
15. Mohammad Maqbool I/c Naib Tehsildar Y. K. Pora
Tantray
16. Gh. Rasool Nengroo I/c Naib Tehsildar Bijbehara
17. Irshad Ahmad Khanday I/c Naib Tehsildar K.G. Raina
18. Gh. Qadir Haroo I/c Naib Tehsildar Kanalwan
19. Manzoor Ahmad Qazi I/c Naib Tehsildar Kheram
20. Nisar Ahmad Itoo I/c Naib Tehsildar Nanil
21. Syed Fayaz Ahmad I/A Naib Tehsildar Mattan
22. Mushtaq Ahmad Shah I/c Naib Tehsildar Rabirpora
23. Mohammad Shafi I/c Naib Tehsildar Pahalgam
Makhdoomi
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government, Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 13th Aug., 2015/22nd Srav., 1937. [No. 20-1
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II––B
Notifications, Notices and Orders by Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
SRINAGAR/JAMMU.
File No. 754/ITLC.
Date of Institution : 20-03-2013.
Date of Award : 26-06-2015.
––––––
S. Hakumat Singh S/o S. Bhagat Singh R/o 15, Karan Nagar, Jammu.
Petitioner
Versus
1. Jammu Tehsil Co-operative Marketing Society Ltd. through its
Chairman, Parade Ground, Jammu.
2 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Manager, Jammu Co-operative Marketing Society Ltd., Parade
Ground, Jammu.
Respondents.
Ld. Counsel for both parties present.
________
AWARD
1. Briefly stated facts of the case are as that petitioner preferred
instant application under section 33-C (2) of Industrial Disputes Act, 1947
computing the salary and back wages in terms of award dated 27-02-1992
and for payment of dues which are payable. Petitioner claim on the ground
that he is a workman as defined under the Industrial Disputes Act, 1947
and was in the employment for more than 10 years with respondents. His
services were terminated as retrenched vide order dated 11-07-1989.
Resultantly an industrial dispute was raised by the petitioner, the reference
was made to the Industrial Tribunal by J&K Government vide
SRO No. 129 dated 27-03-1991. A claim of the petitioner is that
retrenchment was in violation of sections 25 (F) and 25 (g) of the industrial
dispute. Respondent have contested the case before Conciliation Officer
but before the tribunal despite notice did not bothered to appear in the
court. As such an ex parte was initiated and subsequently this tribunal
passed an award in his favour on 27-02-1992. Court held that order of
termination of services of the petitioner was invalid, unjust and in operative
and petitioner was entitled to full back wages as he remained ideal
throughout. Same award was also published in Government Gazette.
Respondent moved an application for setting aside award before this tribunal
and by this tribunal execution of the award was stayed by this tribunal vide
its order dated 04-04-1994. Petitioner has challenged the same order before
the Hon'ble High Court on the ground that tribunal/court has no jurisdiction
to entertain the said application. The Hon'ble Single Judge vide its order
dated 02-08-1994 dismissed the writ petition of petitioner. Therefore, he
file a LPA in which the Hon'ble two Judges dissented the view and the No. 20-1] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— matter was referred to Hon'ble Third Judge who decided the case in favour
of the petitioner. Respondents filed an appeal before Hon'ble Supreme
Court of India which has been also later on dismissed. As such award
passed by this tribunal has attained the finality. On 27-01-2003 petitioner
attended the office of the respondent he also submitted an application along
with the judgement passed by the Hon'ble High Court but petitioner was
not allow to mark the attendance on the attendance register. Petitioner also
requested the respondent to calculate and pay the arrear of the wages/
salary from the date of his termination. However, respondents are not taking
any step for calculating the back wages. In these circumstances petitioner
has no other legal remedies available except to approach this court by way
of present petition under section 33C of the Act. This court vide its order
dated 04-04-1994 whereby execution of award was stayed same was
challenged in the writ petitioner which was finally allowed on 31-12-2003
as such the application is within time.
2. Respondent appeared and filed their objections stating in that
application under section 33C of Industrial Dispute Act is not maintainable
as the matter is being without jurisdiction. As the application for setting
aside ex parte award has not been decided as yet the same is required to
be adjudicated upon and decided first. There is no provision in the "Act"
for execution of the award. As such application deserves to be dismissed.
It is also submitted that case of the petitioner does not fall under the provision
of I. D. Act because he has approached First Court of Registrar,
Co-operative Society against the order of his termination. His appeal was
dismissed there and subsequently revision against the appeal order also
dismissed by J&K Special Tribunal, Jammu . Thereafter, he has wrongly
invoked the jurisdiction of this tribunal and obtained the ex parte award.
No conciliation proceeding has ever been taken in the matter. The dispute
is fully covered under J&K Co-operative Society Act. Application for setting
aside ex parte award is still pending disposal no order is so for passed in
this application. Services of the petitioner are neither deemed to be continued
nor entitled for any relief. So for application for the setting aside the
ex parte proceeding under Order 9 rule 13 CPC. It has been held by the 4 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Supreme Court that his tribunal has a jurisdiction and power to set aside the
ex parte order even if the publication has been made in the Gazette. As
such first of all court has to decide the ex parte application. Petitioner has
no right whatsoever to join the institution. He has neither approached the
respondent's office, nor made any effort or filed any application as alleged.
It is also submitted award is neither maintainable nor it can be implemented
through any provision under I. D. Act.
3. After completing the pleading both side following issues have
struck off on the year 28-05-2003 :––
(i) Whether this court has no jurisdiction to decide the present
petition in the face of preliminary objection raised by the
non-applications ? OPR.
(ii) Whether the award passed by this court in file No. 556/ITLC
of 1991 dated 26-04-1991 has become final and enforceable
under law ? OPP
(iii) Whether the non-applicants have not satisfied the award so
far, if so, if to what effect ? OPP
(iv) Whether the petitioner is entitled to arrears of wages, if so,
how much ? OPP
(v) Relief.
Issue No. 1 was declared as preliminary issue and on the same
argument was heard and finally decided in favour of the petitioner. During
the pendency only one PW Amarjeet Singh has been examined by the
petitioner who has supported fully the version of the petitioner. No other
evidence has come on record, as such file is fixed for argument.
4. I have thoughtfully considered the petition and argument of the
both side and had a minute study of documents which are available on the
file.
No. 20-1] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 5. Ld. Counsel for respondent has argued that award has not been
published in the Government Gazette within time and this tribunal cannot
issue direction exercising the jurisdiction without referring the matter to the
Government. This matter does fall under the domain of Registrar,
Co-operative Society. As such award is not exhaustive. Moreover, there is
no order of appointment of the petitioner on which basis the salary of the
petitioner is to be computed. Petitioner at this stage can be considered to be
on duty and deem to be on duty without work. Whereas, petitioner was
terminated by the Registrar, Co-operative Society and the order was
confirmed by the special tribunal which is binding on the respondents.
Ld. Counsel has cited some case law as AIR 2000 SC 3734, AIR 1994
SCW 5000, AIR 1978-275. On the other hand Ld. Counsel for the petitioner
has argued in the light of his petition and in rebuttal of the argument of the
respondent stated that respondent had nowhere pleaded that petitioner was
not an employee of the management. Petitioner has applied for salary
statement but management has refused to provide them later on. Petitioner
preferred application before this tribunal for direction to provide salary slip
but unfortunately they did not act upon. As such he himself prepared salary
as he was taking at the time of termination and annexed with the file which
was duly signed and verified by him which is correct. So far order of
Registrar is concerned is having no link hereunder the Industrial Disputes
Act, 1947. This tribunal has only jurisdiction under section 33C of the Act
to compute the salary and back wages in terms of award. Award has become
final. So far the contention of Ld. Counsel for respondent that application
for setting aside ex parte is still pending is completely having no substance
because same has been challenged up to Supreme Court and decided there
in his favour.
6. This is an application in terms of section 33C (2) of the Industrial
Disputes Act, 1947 to compute the whole money due to the petitioner from
the respondent in terms of award passed by this tribunal on 27-02-1992 and
published in Government Gazette on 22-10-1992. As per petitioner he has
been appointed as clerk in the year 1979 and terminated as retrenched on
11-07-1989. This tribunal passed in award in his favour in ex parte and
same has been challenged by way of application for setting aside the
ex parte award by the respondent, then petitioner challenged application, 6 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— same has been allowed by the Hon'ble High Court. Respondent challenged
the same before the Supreme Court but did not succeed there. Hence,
award has become final now. So the contention of Ld. Counsel of respondent
that application for setting aside ex parte is still pending is having no force
at all, section 33C (2) provide as—
"Where any workman is entitled to receive from the employer any
money or any benefit which is capable of being computed in terms
of money and if any question arises as to the amount of money due
or as to the amount of money due or as to the amount at which such
benefit should be computed, then the question may, subject to any
rules that may be made under this Act, be decided by such Labour
Court as may be specified in this behalf by the appropriate Government
(Within a period not exceeding three months).
7. Ld. Counsel for respondent has raised an other plea that Registrar,
Co-operative Society dismissed the appeal against the termination of the
petitioner. So he is not entitled for any relief under section 33C of the I. D.
Act. But under section 33C (2) this court has only to see workman is
entitled to receive from the employer any benefit which is capable being
computed in terms of money and amount at which benefits should be
computed. When the award is already passed and attained the finality, here
we have to strict ourselves only to compute what amount of money is
entitled in terms of award. So this tribunal at this stage cannot adjudicate
upon the award. Hence, the argument of the respondent is not tenable. So
far the law authorities presented by the Ld. Counsel for respondent are
having no bearing on this matter.
8. Petitioner during the pendency have applied to the court for directing
the respondent to place on record of the salary statement of the petitioner
but respondents have not file any objection to the application neither they
have adduced any evidence which show that petitioner was not a employee
(clerk) of the organization. Petitioner has submitted salary statement prepared
by him as he was taking at the time of termination. Even during the argument
Ld. Counsel for respondent has not disputed anything about the salary
statement submitted by the petitioner. As such there is no dispute with
regard to salary slip prepared and given by the petitioner.
No. 20-1] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 9. As per petitioner he has joined the Co-operative Marketing Society
in the year 1979 but terminated after 10 years on 11-07-1989. He was
working as clerk and getting the salary of Rs. 1883/- per month. So here
we have to consider for computing the salary on this base only. He has
been terminated in the month of July so he is entitled from August, 1989 to
till his age of superannuation at the age of 58 February, 2011 as per his
record about the date of birth submitted by him. But pay/salary has been
revised by the respondents from the year 2006. So first of all we will compute
his salary uptill December, 2005 along with the bonus as admissible under
rules. There is no dispute raised by the respondent with regard to salary
statement submitted by the petitioner. Salary from August, 1989 to
December, 2005 came to the amount of Rs. 12,39,211/- whereas bonus
amount Rs. 94,433/- and leave salary Rs. 89,472/- in total. After the pay
revision as per salary statement submitted by the petitioner, salary came to
an amount of Rs. 13,23,650/- whereas bonus came to Rs. 1,27,014/- and
leave salary of Rs. 79,450/- because petitioner reached to the superannuation
age in the month of February, 2011. Petitioner is entitled for gratuity at
the time of retirement so gratuity amount is also added in total amount of
Rs. 4,76,700/- it becomes total amount of Rs. 34,29,930/- which is payable
to the petitioner by the respondent. As such the respondent is hereby directed
to pay above-mentioned amount within three month from today failing which
petitioner shall also be entitled to interest on the awarded amount @ 9%
per annum till final realization of the wages. A copy of the award be sent to
the appropriate Government for necessary action under law. File shall consign
to record after its due completion.
Announced :
26-06-2015.
(Sd.) ZUBAIR AHMAD RAZA,
District and Sessions Judge
(Presiding Officer),
Industrial Tribunal-cum-Labour Court,
J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 13th Aug., 2015/22nd Srav., 1937. [No. 20-2
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II––B
Notifications, Notices and Orders by Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
SRINAGAR/JAMMU.
File No. 135/ITLC.
Date of Institution : 11-12-2009.
Date of Award : 24-06-2015
––––––––
Shri Vijay Kumar, Attendant N. O.
Petitioner
Versus
Director Administration M/s. Acharya Shri Chander College of Medical Sciences and Hospital, N. H. Bye-Pass, Sidhra, Jammu.
Respondents
AR for both sides present.
_________
2 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— AWARD
1. Section 10 of the Industrial Disputes Act (herein referred to
as 'Act') envisages whereas the appropriate Government is of the opinion
that any industrial dispute exists or is apprehended, it may at any time in
writing refer the dispute or any matter appearing to be connected with are
relevant to the dispute to the Industrial Tribunal or the Labour Court for
adjudication.
2. The authority identified by the State Government under the Act
while having sufficient compliance with the provisions of the Act has made
a reference to the Tribunal Court vide SRO No. 69 dated 25th March, 2009
for adjudication and passing an appropriate award. The reference has been
made by the Government broadly and pointedly after having regard in the
appreciation of the reports submitted by the Conciliation Officer observed
that the Government is of the opinion that an industrial dispute exists between
the Vijay Kumar V/s. Acharya Shri Chander College of Medical Sciences
and Hospital, N. H. Bye-Pass, Sidhra, Jammu. So in exercise of power
confer by clause (c) of sub-section (1) of section 10 of the Act, Government
referred this dispute for adjudication on the following issues :––
(a) Whether the termination of services of Vijay Kumar is legally
justified ?
(b) If not, what relief is entitled to ?
3. Fundamentally and primarily reference which made by the authority
to this tribunal is based on report submitted by the Conciliation Officer.
4. On receiving reference from the Government this tribunal has
issued the notices to both sides for filing the statement of facts and objections
from other side. Petitioner appeared and submits his claim through his AR
alleging in that petitioner was employed on the post of Attendant/N. O. The
petitioner remained in continuous service for about six years and acquired No. 20-2] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— the status of permanent employee. Petitioner requested Matron for leave
of one day to adjust the day of leave to make arrangement of Mundan
Ceremony of his son fixed on 05-12-2007 and she agreed but suddenly his
brothers-in-law expired and rush to attend the sorrowful happening and he
could not attend his duty from 1-12-2007 to 04-12-2007. He reported back
on 05-12-2007 but he was not allowed to mark the attendance by the Matron.
With the plea that case has been referred to Director Personal. But he
went to the establishment daily up to 10-12-2007. Director Administration
issued a show cause notice to him for unauthorized absence same has been
replied by him and requested to allow him to resume the duty. But the
respondent passed termination of service order on 15-12-2007. Respondent
terminated the petitioner from the service illegally which is against the law.
Respondent has used his colorable powers which are unfair labour practice.
No enquiry has been held which is against the principal of natural justice.
He has been victimized because he is an active member of trade union.
Petitioner services cannot be terminated without any disciplinary proceeding
if there was any misconduct against the workman. Termination without
holding enquiry is illegal. Before termination on the ground of absence from
duty a domestic enquiry should be conducted by framing the charges and
specific finding by the enquiry officer in accordance with law. But no
charge-sheet has been issued, no enquiry has been held so termination is
bad against the principal of natural justice. Respondent did not follow the
requirements of under section 25F of the Act. Petitioner being a workman
as defined under section 2 (s) of the Act is legally entitled to the protection
under the Act. Respondent cannot terminate the services of the petitioner
under section 33 of the "Act" as the case of ASCOM Employees Welfare
Association, Jammu is pending before the industrial tribunal for adjudication
and condition of service of the petitioner will be unchanged during the
pendency of the proceedings. Respondent should take permission before
terminating the service of the petitioner. No such approval has been taken
from the court. As such the termination of the petitioner from the service
for unauthorized absent without holding enquiry is in violation of the provision
of law.
5. Respondent has also filed objections to the claim of the petitioner
alleging in that petitioner at the time of seeking employment was also made 4 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— aware of the job requirement and appointed on ad hoc basis for 89 days in
the year 2002 but term of employment was extended from time to time.
But unfortunate petitioner could not keep his promise and started absenting
from the duties. He was time again warned verbally to perform the duties
with due dedication and punctuality but he had been habitual of committing
misconduct by remaining absent from his duty without seeking any permission
from his superior. Warning was issued in writing again and again and
finally he remained absent from 01-12-2004 to 04-12-2004 as reported by
the Matron and on the basis of said report a show cause notice was issued,
in response to the said notice petitioner file a reply on 12-12-2007 that he
had informed the Matron and also asked for adjustment of the day off.
Management sought clarification from the Matron to ascertain the truth of
reply filed by the petitioner. Who outrightly rebutted the plea of petitioner
neither informed her nor asked for adjustment of the day off. As such the
plea taken by the petitioner is not based on fact and could not be relied
upon. In view of the adverse record of the petitioner and in reference to
the fact that petitioner is habitual of committing misconduct. Management
finally terminated the services of the petitioner on 15-12-2007 after taking
due course of law. That the case of termination of services is in accordance
with the stipulation contain in the contract of employment and as such is
covered by section 2 (oo) (bb) thus making the order not one of
retrenchment. Petitioner had been provided chance of hearing before
termination. He has at no point of time acquired the status of permanent
employee because he was appointed on ad hoc basis. Termination of service
as a disciplinary action is excluded from the ambit of section 25F of the
"Act". Provision of the section 33 of the Industrial Disputes Act have been
wrongly taken use of the said provision provided shelter only to the cases
which are subject matter of the said dispute.
6. The claim of the petitioner as reflected in the conciliation
proceeding and projected by the petitioner are as that petitioner was an
employee of the respondent and he seeks a leave on account of organizing
Mundan Ceremony of his son which is fixed on 5-12-2007 but untimely his
brother-in-law expired so he could not attend the duty from 1-12-2007 to
04-12-2007 and reported back duty on 05-12-2007 but he was not allow to
mark the attendance. Respondent issued him a show cause notice and he No. 20-2] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— replied the same on 12-12-2007 in which he has explain reason of his absence
in detail. As per him he approach to Matron for leave with plea that kindly
allow him to adjust day off, she told him to, inform Shri Babu Malik Ji. He
will arrange substitute and Babu Malik agreed before the Matron. But
when he came out from the office of Matron, he refused and again brought
into the notice of Matron about this matter. His absence was not deliberate
but due to bad and compelled circumstances. Management has sought the
explanation from the Matron with regard to his reply but she has totally
denied the petitioner claims. So finally he has been terminated from the
services on 15-12-2007. Respondent claims that petitioner is not a workman
under the Act.
7. To prove the case of parties, they have been directed to lead their
evidence. Petitioner has examined P. W. Bushan Kumar and Vijay Kumar
petitioner only. Whereas respondent has examined R. W. Miss Satinder
Verma and Vinod Kumar Suri. It is profitable to give brief resume of the
statement of the witnesses.
8. Petitioner Vijay Kumar has filed his affidavit as witness in which
he has stated that he remained in-service for six years continuously and his
last salary was Rs. 2760/- at the time of termination. He requested Matron
Satinder Verma that he may please be allow to five days leave as there
was a Mundan Ceremony of his son she agreed and asked him to meet
Babu Malik who will make the arrangement of substitute and submitted
application in writing. All of sudden he got information that his brother-in-
law was expired and he has to go thereunder compelled circumstances
and petitioner came back on duty on 05-12-2007. Matron asked him that he
cannot perform the duty nor he can mark the attendance. Director
Administration issued a show cause notice on 10-12-2007 same has been
replied by him on 12-12-2007 but lastly on 15-12-2007 his service was
terminated w. e. f. 01-12-2007. The respondent did not hold any inquiry nor
has any opportunity given to him before termination. On cross-examination
he has stated that he was appointed on ad hoc basis in the hospital as
nursing orderly. He was drawing salary of Rs. 2760/- per month. So many 6 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
other employee of the hospital used to go with him of his locality. He knows
Manoj Kumar, Dheeraj Kumar and Jeet Kumari. They are also residing in
his locality. He was never absent from duty without permission whenever
he has to go on leave he submit the application. This is incorrect that without
permission if anybody went on leave it come under misconduct. No uniform
was issued to him. There was a Mundan Ceremony of his son so he has got
the leave from the hospital up to 05-12-2007 and he fill up leave form and
handover to Matron. Matron has asked him to inform the Babu who will
make the alternate arrangement. He went to the Babu and who sanctioned
his leave. This is not correct that he has not informed the Matron neither
any inquiry was conducted. This is not correct that he remains absent in
January for four days. In March for three days, in April eight days and in
May, 2007 one day, as enquired.
9. P. W. Bushan Kumar has also file his statement on in affidavit,
stating in that he is in-service in the ASCOM Hospital from 27-09-1999 as
Dental Technician and presently working in the hospital. Employees have
formed a Union as ASCOM Welfare Employees Association which is
registered. He is a General Secretary of the Union. Union raised a dispute
of employees demands in the year 2005 and Government has referred the
matter to industrial tribunal. Same is subjudice hear in court. He knows
Vijay Kumar as he also worked in Dental Section. His service has been
terminated on 01-12-2007. He met me and inform that he has been terminated
without conducting any inquiry. No notice pay has been paid nor has
retrenchment compensation been paid to the petitioner. Petitioner is
unemployed from the date of termination. He tried his best to get the
employment but could not succeed. On cross-examination stated that, he
knows the petitioner from the year 2002. Petitioner has worked from 2002
to 2007 and performs his duty effectively. This is not correct that if nursing
orderly remains absent emergency will be closed. Because there was a
substitute employee who can performs the duty in his place. If substitute is
not available then hospital work will be effectively. He has no knowledge
whether petitioner remain absent some time and as per service rule
unauthorized absent comes under misconduct or not. He has no knowledge
whether any warning have been issued to the petitioner earlier or not.
No. 20-2] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
10. This is the petitioner evidence which has been recorded during
the proceedings now it is the term of respondent evidence.
11. Ms. Satinder Verma stated on affidavit that petitioner is habitual
committing misconduct by remaining absent from duty without seeking any
permission. Copy of the order dated 21-06-2000 which show that petitioner
remain absent unauthorized from the service. He was again remain absent
from 01-12-2007. He is also habitual of leveling false allegation on seniors
instead of admitting the guilt. He leveled a false and concocted allegation
that he sought permission from her. Thorough enquiry was conducted to
ascertain the fact. She has submitted in her reply that there is no iota of
truth that he sought permission from her. Fact is that petitioner had neither
informed her about the leave nor he asked for the adjustment of day off on
15-12-2007 so his statement is baseless. On cross-examination she deposed
that the petitioner was an employee of ASCOM but she did not remember
the date of his employment and when he was terminated. Petitioner was
habitual absentee. Explanation in this regard was issued by her but she
cannot disclose the dates of the explanation given to the petitioner. Petitioner
had not gone on leave after permission on 01-12-2007. Absent note of the
petitioner was sent to the administrative office but date is not known to her.
She has signed the reply to the Director Administration on 13-12-2007.
Show cause of notice of absent was issued by the management
on 10-12-2007 and reply by the petitioner on 12-12-2007. Petitioner was
terminated on 15-12-2007. She did not know about the charge-sheet enquiry
conducted before the termination of the petitioner. She doesn't know
formation of union in the hospital.
12. Vinod Kumar Suri stated on affidavit that petitioner was appointed
as attendant/nursing orderly on ad hoc basis in the year 2002. As per record
petitioner was habitual offender and had a chronic problem of remain absent
from the duty. Petitioner was warned on several occasion to mend his
ways but he was in habit of committing misconduct of remaining absent
from duty. Petitioner was also warned and last opportunity was given on
21-06-2006. Petitioner was also warned on 10-12-2007 regarding
unauthorized absent from duty w. e. f. 01-12-2007 without any intimation.
Inspite of finally warning again management took the lenient view and 8 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
show cause notice served upon him. That in one of the enquiry conducted by the management it was found that he is found of levelling false allegation against the senior officers. In reply to show cause notice he has taken plea that he got the permission from the Matron for day adjustment of day off on 05-12-2007 for justified his contention. On the basis of said allegation management fairly conducted an inquiry and found guilty. On cross- examination he has stated that Vijay Kumar was working in the hospital from 2002 as attendant and in 2007 he was terminated from the service because he was unauthorized absent. We have issued a show cause notice and he replied the same in which he stated that he has informed the Matron, but Matron has denied his version. After that no inquiry was conducted. When he was absent he got the information by the Director Administration. He has knowledge that one matter is pending before this tribunal no permission for termination of the petitioner taken from this tribunal. No notice was issued to the petitioner neither any retrenchment compensation was given to him.
13. I have thoughfully considered the argument advanced by the
representative of the parties and had minute study and appreciation of the
evidence both oral as well as documentary available on case file.
14. This court has to return the findings within circumscribed limits of
the term of reference identified by the competent authority appointed by
the Government and we are not supposed and expected to travel beyond
the term set up for adjudication what is required to be settled preciously is
to be finding out legality or otherwise action of respondent management in
this case. Termination of services of respondent is legally valid or not. In
case where the action as taken up by respondent in terminating the services
of the petitioner is held illegal, assuming for the sake of argument then it is
to be seen what appropriate relief can be given to the petitioner on account
of such illegal action.
15. Briefly, petitioner was employee of the hospital which definitely
covered under section 2 (j) of Industrial Disputes Act and parties have not
disputed on this point. Through AR for respondent relies on a judgement of
Apex Court titled Bangalore Water Supply and Dewage Board V/s.
No. 20-2] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Rajappa but on complete reading of the judgement its ratio of decision is
not correct, which shows that clubs educational institution, co-operative
research institutes, charitable project and other kindred adventures, if
they fulfil the triple test of systematic activity, cooperation between employer
and employee and production of goods and services, then they cannot be
exempted from the scope of section 2 (j) of the Act. In support of my
contention I laid my hand on an authority of Punjab and Haryana High
Court LLR 1997 page 476 as it has been held. Declaring the hospital not to
be an industry has not been accepted till today the judicial pronouncements
and thus the finding of the tribunal that the respondent hospital is not an
industry cannot be sustained. So contention of AR for respondent is not
tenable that hospital/educational institute do not cover under the definition
of industry.
16. Claim of the petitioner is that he has been terminated without
conducting a domestic inquiry and without providing a proper chance of
hearing which is his right. Before an employee can be held guilty of absent
from duty, a proper domestic inquiry should have been conducted. But in this case even the R.W. Vinod Kumar Suri admitted in his deposition that no domestic inquiry was conducted. Though show cause notice was issued to the petitioner who has replied the same but no inquiry officer has been appointed neither any charge-sheet was given to the petitioner. But R. W. Vinod Suri also stated in his affidavit as witness. Petitioner was warned on 10-12-2007 regarding unauthorized absent from duty w. e. f. 01-12-2007. Record shows that on 10-12-2007 a show cause notice was issued by the Professor, J. R. Rathore, Director Administration to the petitioner and same authority has issued the termination order on 15-12- 2007. In the termination order there is nothing mentioned about a domestic inquiry. There is nothing mentioned about appointment of any inquiry officer. So it is clear from documentary as well as oral evidence on record that no inquiry has been conducted before termination of the petitioner. As it has been held by the Hon'ble Supreme Court in the year 1996 LLR 289 relevant para 11 :––
" Before an employee can be held to be guilty of willful absence from duty a proper domestic inquiry should be conducted by the department by issuing show cause notice and by framing charge- sheet and specific finding should be recorded by the enquiry officer 10 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
after following due procedure for conduction domestic inquiry in
accordance with law which admittedly has not been done in this
case. Hence, the respondents are solely responsible for their own
lapse and for which the petitioner cannot be blamed.''
17. A. R. for respondent stressed on a point that petitioner was a
habitual absentee as such it amounts to a misconduct so punishment of
dismissal not disproportionate because he remained absent so many time
in past also and petitioner was appointed on ad hoc basis in the year 2002
and his services was not permanent. As such he is not entitled for the
status of workman. On this point he has cited a case law of Gujarat High
Court decided in the year 2014 about the termination of a contractual
employee. But same judgment is not applicable in the instant case because
petitioner was not a contractual employee of the respondent.
18. No doubt petitioner was appointed in the hospital management in
the year 2002 on ad hoc basis for 89 days but his services has been extended
from time to time. He has completed 240 days in a calendar year as per
record also. So he attains the status of workman under "Act". Hence, he
cannot terminate on the analogy of contractual employee, He cannot be
terminated for any misconduct without conducting a regular inquiry.
Termination of service is punitive and termination may be on the basis of
preliminary inquiry without regular inquiry is not sustainable. In support of
my contention I have laid my hand on an authority of Supreme Court LLR
2000 page 577 relevant para 5 and 6 :––
"The reasoning of the tribunal is fallacious. If an order had been
passed by way of punishment and was punitive in nature, it was
the duty of the respondents to hold a regular departmental enquiry
and they could not have terminated the services of the appellant
arbitrarily by paying him the retrenchments compensation. The
observation of the tribunal that the respondents had a choice other
to hold a regular departmental enquiry or to terminate the service
by payment of retrenchment compensation is wholly incorrect.
No. 20-2] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
The appellant, no doubt, was a casual labour out as observed by
the tribunal he had acquired temporary status with effect from
01-10-1989. Once an employee attains the temporary status, he
becomes entitled to certain benefits one of which is that he become
entitled to the constitutional protection envisaged by Article 311 of
the Constitution and other articles dealing with services under
the Union of India. A perusal of the impugned order by which the
services of the appellant had beaten one Mahender Singh with
iron rod and had also bitten him with teeth on 20-04-1992 at
8.00 P. M. while the said Mahender Singh was on duty as Gateman,
Tax Bhawan, Agra, therefore, his services were terminated the
immediate effect. Thus, the services were terminated on account
of the allegation of assault made against the appellant. Court
granted time to respondent counsel to place the record of inquiry
if any, later on Ld. Counsel for the respondent placed some record
which shows a preliminary inquiry was held. On the basis of
which petitioner services were terminated without issuing a charge-
sheet or giving an opportunity of hearing to the appellant cannot
be sustain."
19. In view of the above judgment of the Apex Court it is clear that
a workman cannot be terminated for misconduct of remaining absent from
duty unauthorized. In the instant case it is clear that no regular domestic
inquiry was conducted by the management prior to termination. As such
termination of the service of the Vijay Kumar (Petitioner) is legally not
justified. Termination is void ab nitio. As such termination order passed by
the respondent is set aside.
20. So far as back wages in question is concerned, I realized that
admittedly as come in their evidence that he remains unemployed during
the pendency of the case. It is well settled and it is necessary to consider
the facts and circumstances of the each case before granting back wages.
In the instant case respondent has not adduced any evidence which shows
that during the pendency of the petition petitioner was engaged somewhere
else. So it assumed that petitioner remained unemployed during the period
of pendency as such he is entitled for back wages uptill his reinstatement.
12 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
21. For the reason stated above, this tribunal has come to the
conclusion that petitioner has been terminated illegally without adopting
due course of law. As such his termination is hereby quashed with the
direction to the respondent, petitioner shall be put back on duty on the post
which he held on 01-12-2007 and shall be paid all the arrears (back wages)
up-to-date and other consequential benefits admissible under rule.
Accordingly an award is passed in favour of the petitioner and against
the respondent management. Copy of the award be sent to the Government
of J&K through its Commissioner/Secretary, Labour Department for
information and for publication in the Government Gazette. File shall consign
to record after its due completion.
Announced :
24-06-2015.
(Sd.) ZUBAIR AHMAD RAZA,
District and Sessions Judge
(Presiding Officer),
Industrial Tribunal-cum-Labour Court,
J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 13th Aug., 2015/22nd Srav., 1937. [No. 20-3
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II––B
Notifications, Notices and Orders by Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
SRINAGAR/JAMMU.
File No. 94/ITLC.
Date of Institution : 18-02-2008.
Date of Award : 25-06-2015.
––––––––
Workers Union.
Petitioner.
Versus
Tawi Arms Gun Manufacturer.
Respondent.
AR for petitioner present.
Respondent in person present.
________
2 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— AWARD
1. Section 10 of the Industrial Disputes Act (herein referred to as
'Act') envisages whereas the appropriate Government is of the opinion
that an industrial dispute exists or is apprehended, it may at any time in
writing refer the dispute or any matter appearing to be connected with are
relevant to the dispute to the Industrial Tribunal or the Labour Court for
adjudication.
2. The authority identified by the State Government under the Act
while having sufficient compliance with the provisions of the Act has made
a reference to the Tribunal Court vide SRO No. 224 dated 22nd June, 2007
for adjudication and passing an appropriate award. The reference has made
the Government broadly and pointedly after having regard in the appreciation
of the reports submitted by the Conciliation Officer observed that the
Government is of the opinion that an industrial dispute exists between the
Krishan Lal V/s. Tawi Arms Gun Manufacturer. In view of the dispute
Government thought it desirable to refer the dispute to the Labour Court
and resultantly and exercise of power confer by the clause (c) of sub-
section (1) of section 10 of the Industrial Disputes Act, 1947. The
Government referred the dispute to this court which is constituted under
Notification SRO-767 dated 31-10-1972 for the adjudication in this reference
the following points are to be adjudicated upon :––
1. Whether the management is legally right in refusing the
demand of workman ?
2. If not to, what relief the workman are entitled.
3. Primarily the reference which is made by the authority identified
by the Government of J&K State is based on the reports inclusive of the
confidential reports thereof submitted by the Conciliation Officer.
4. Profitably as it may now to give flash back of some of the silent
feature of the report initially submitted by the Conciliation Officer is as that No. 20-3] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— employees of Tawi Arms Gun Manufacturer were served a notice by the
firm on 01-12-2003 for closure of the unit and no benefit has provided
under law was given to them. So they approach the Conciliation Officer
and Conciliation Officer served a notice to the respondent in response of
said notice Respondent No. 1 namely Abdul Aziz Mallah submitted that
there is a dispute between the partner of the firm and some litigation were
going on in view of dispute of the management of factory is not able to
settle the account of the workers at this stage. The factory has been closed
due to seizure of the license along with bank account. In the confidential
report also Conciliation Officer has also reported that petitioner have not
been paid their due/benefits on the closure of the unit. Conciliation fails due
to different attitude of the respondent. Though there is a dispute among the
different respondents but on the other hand poor workers suffer a lot. To
know the legality of the demand raise by petitioner, or refusal of the demand
by the management on different grounds is to be determined by the industrial
tribunal.
5. On receiving reference from the Government this tribunal has
issued the notices to both parties. Both the parties abided by and complied
with the process of the court and submitted their statement of facts and
claims and the objections thereto respectively.
6. The petitioner submitted as that applicants workers claim is for
specified amount of money due under section 25FFF of the Industrial
Disputes Act, 1947, as consequence of the notice dated 01-12-2003 issued
by the employer. Any refusal on the basis of manufacturing license between
the partners of the firm subjudice in OWP : 616/03 and others OWP can't
be entertained ground for abiding the liability under Industrial Disputes Act,
1947 for the same is special legislation enacted for welfare and to check to
exploitation of industrial labour. Applicants rely to section 2 (K).... . The
applicants estimate the values of the relief sought at the sum of rupees
10,73,796/- with interest @ 18% for the due date.
7. Respondent have also objected the claims alleging in that no claim
is maintainable against the management as the unit has been closed due to 4 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
with holding of permission by the District Magistrate, Jammu and Central
Government for running the same as the parties for which the unit is being
run is licensed one. If the license withheld management cannot run the
factory. The labour claim of the workmen has been already received and
replied accordingly. To further clarify the management stands submitted
that the account, rendered by the worker are not as per the industrial law
and totally wrong baseless and are not acceptable to the management.
Worker have furnished their claim for the period for which they have not
actually work and demanding the benefit which are not eligible and allowable
because workers have been engaged full time workers and piece rated and
part time worker. Because the entire gun manufacturer, manufacturing the
gun according to the sanction/allotted quota by the Central Government
arrears of the salary/wages w. e. f. 01-12-2002 to 28-12-2003 are not
allowable to this piece rated workers. As there is no work done during the
said period. Thus "No work no pay". Notice pay claim is not correct because
management has already given notice prior one month to all the worker on
01-12-2003 and the bonus, leave salary up to 31-12-2003 has been work
out and paid. The appointment date of some worker is not correct as per
record there are only six worker out of 25 on the factory acquittance role
who have completes the requisite period of five years for payment of gratuity
management has always honored labour laws under the Industrial Disputes
Act. As such management never disputed nor refused to make the payment.
As per management record is showing that an outstanding amount of
Rs. 1,79,144/- is against the workers. Whereas the worker amount of
Rs. 17,367/- is only lying with the management.
8. After completing the pleading of the parties it requires that in
support of their claim parties were directed to lead their evidence to prove
their contention. First petitioner was directed to lead the evidence and they
have examined only two PW's namely Krishan Lal and Surjeet Singh on
affidavit and duly cross-examined by other side. Brief resume of their
statement are as under :––
9. P. W. 1, Krishan Lal stated that he had been working as regular
worker in Tawi Gun Factory, Ashok Nagar, Satwari since 1980 and the
owner of the factory lock out the factory without giving any statutory notice.
No. 20-3] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— At that time the employer had made a verbal commitment with him that
workers of the factory would remain lock out only for three months and
after that period he assured that factory would be opened and subsequently
and services would be regularized and paid back wages of three months.
The employer also directed and suggested us not to do work anywhere else
during these three months. The employers open the factory during March,
2003 but he neither paid back wages nor gave any benefit of regular service.
There were 25 workmen working regular in the factory and there is no part
time worker. The employer served the notice to all the workers in December,
2003 and again lock out the factory in January, 2004. Employer made a
commitment that he would be paid all terminal dues as per labour laws and
same statement submitted in the court but nothing has paid to him. The
employer had not deposited provident fund for the period w. e. f. June,
2003 to December, 2003. In cross-examination stated that this is correct
that he work in Tawi Gun Factory for 25 years. Though he is not
remembering the year from which he start the job. This is also correct that
after closing down the factory he has not join any other employment. This
is also correct that in a Fun Factory a Government fixed a quota of guns to
be manufactured in a year. Whereas Tawi Gun Factory's quota was fixed
at 720 guns in a calendar year. This is also correct that they have
manufactured the quota of guns in the month of November, 2002. This is
not correct that when our work was over we left the factory and joins
some other works as enquired. This is correct that in 2003 allotted quota of
guns were completed in January, 2004 and whatsoever salary was due to
us we have received. When there was no work in the factory we used to
come in the factory and attend the job and go back. But we have not been
paid for that period. This is correct that he is getting the remuneration of
piece rated base and nobody is getting the monthly salary. This is correct
that factory was closed in the month of November, 2003 and we were
asked to come back after three months. Management has promised to pay
for this three months period. But we have not been paid for this period.
Owner of the factory has stated about three months salary to all workers in
front of factory employee. He has not seen the lock on the factory. Worker
used to come and go, factory never closed prior to 2004. When the allotted
quota of guns was not completed up to December it may be extended and 6 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— we were paid @ of per piece. When there was no work we were not paid
for the such period. I have been asked to come back to the factory for
work but owners have never called be back.
10. P. W. 2, Surjeet Singh stated that he had been working as regular
worker in Tawi Gun Factory since 1999 and the owner of the factory lock
out the factory without giving statutory notice. At that time employer had
made a verbal commitment with them that the factory would remain lock
out only for three months and after that period he assured that the factory
would be opened and subsequently their services would be regularized and
paid back wages of three months. Employer has also suggested not to do
work anywhere else during these months. Employer opened the factory in
March, 2003 and he neither paid the back wages not gave any benefit of
regular services. There were 25 workers working regulary in the factory
there was no part time worker. Employer served the notice to all worker in
December, 2003 and again closed the factory in January, 2004. The employer
made a commitment that he would be paid all terminal dues but nothing has
been paid so far. Further, he has not deposited his provident fund, from
June, 2003 to December, 2003. In cross-examination stated that this is
correct that he was working since 1999 and accepting the remuneration on
piece rated base. From November, 2002 to March, 2003 factory has been
remained closed but employer has asked to clear the account on reopening
the factory but nothing has paid to us. He has not approached from
November, 2002 to April, 2004 to any labour court for getting the salary
from the factory. Though we have been assured that their account will be
clear and this assurance was given by respondent Aziz Mallah. This is
correct that about this assurance he has not written any thing in his affidavit.
This is correct that Aziz Mallah have submitted a statement of account in
Labour Commissioner Office in which he PW has admitted that he has
received the salary for the year 2002-2003. This is also correct the quota of
guns for the year 2002 has been completed in the month of November and
this is also correct that quota of 2003 was completed in ten months. In
received the remuneration for the 12 months. This is also correct that owners
have not retrenched in the year of 2002 but in the year 2003 in the month of
December they served a notice and then retrenchment. This is also correct
all other benefits were given for the whole 12 months.
No. 20-3] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 11. This is the evidence of petitioners and now it is turn off respondent
evidence. Only one respondent Mr. Abdul Aziz Mallah appeared as witness.
12. R. W. Abdul Aziz Mallah has stated on affidavit that he is attorney
holder of Mrs. Khursheed Bhagam who is one of the partners of the Tawi
Gun Factory. That factory remain open in the year 2002, January to
31st January, 2004 and worker of the factory after completing the quota of
720 BL Guns for the year 2002, left the factory by the end of November,
2002 as usual but they did not turn off on First January to start the
manufacturing of guns for the year 2003 but they joined in first week of
March, 2003 and started the manufacturing of full sanctioned quota for the
year 2003 and completed the same in January, 2004 as such work have
taken their wages for the year 2002 and 2003. That all the gun manufacturer
are manufacturing the guns according to the sanctioned quota by the
Government of India, Ministry of Home Affairs, New Delhi and no one can
manufacture more than allotted quota. The workers have manufactured
720 BL Gun in the year 2002 and 2003 and they have got full payment of
work done, for the year 2002 and 2003. Management has engaged the
labourer at full time piece rated regular worker and part time piece rated
worker. Basically dispute was arisen between the partner during the 2002
and worker took the opportunity to file a fabricated claim. Meanwhile District
Magistrate, Jammu decided the case on 20-06-2003 in which he stop the
issuing TL and permission in favour of factory. After decision of District
Magistrate, Jammu management was compelled to stop the functioning of
the factory and this constrained management to issue one month prior notice
to the worker same is issued on 01-12-2003 under law to close the
manufacturing process of guns and factory remained open till January, 2004.
Now verbal commitment was ever made by the management to the worker.
But some of workers have admitted in their affidavit that the management
has paid the wages proper. There are only six worker who are eligible for
gratuity benefit who work for more than five years and rest of the workers
are not entitled. Management's payment amounting to Rs. 1,79,144/- is
also lying with the workers. That the deponent is not responsible for not
depositing the C. P. Fund as it was only due to negligence of the Manager
of the factory who is also a claimant.
8 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
13. On cross-examination R. W. has stated that he is Managing
Director of the factory since 1977. All the workers are working as piece
rated worker. Bonus was given to the worker as labour law. It is correct
that a list of 25 workers along its joining and salary was furnished to the
Labour Commissioner list as Annexure-C was not submitted by the factory.
It is incorrect to say that the factory was closed from 01-12-2002 to
28-12-2003 and no payment was made to the workers in this period. As the
workers have not executed any work. There is no agreement with the
workers in this regard bonus was paid to the workers and provident fund
also deducted as per the average of the bill of the wages of the workers.
Provident fund was not deposited for three month when the workers did
not perform any work. The entire wages paid to the workers at the time of
the closer of the factory. If any liability or recoveries found be payable that
will be paid accordingly.
14. In terms of evidence on record adduced by the petitioner comprise
of two statement of petitioner namely Krishan Lal and Surjeet Singh. Both
these two petitioners have almost supported of version of petition but in
cross-examination they admitted that they are working at piece rated system.
It may complete in the whole year from January to December or earlier as
per allotted quota of guns and they have received the payment of year 2003
to January, 2004. They also admitted that they have received the salary for
the notice period. Whereas respondent himself appeared in witness box
and testified that all the workers were working as piece rated. Worker
bonus was given to the workers as per the labour law. This is not correct
that factory remain closed for 01-12-2003 to 28-12-2003. Provident fund
was also deducted as per average bill of the workers the entire wages
were paid to the workers at the time of the closure of the factory.
15. I have heard both side at length and also gone through the
file minutely.
16 AR for the petitioner has argued that financial partner Mr. Abdul
Aziz Mallah did not settle the dues of the 25 workers before the closer of No. 20-3] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
the factory on and after First January, 2004. Whereas under section 25F of
the I. D. Act it is mandatory to pay the compensation on the closure of
factory. It can be seen that management close the undertaking without
discharging the claim of the worker and demand of the workmen as within
the scope of mandatory provision of labour law. Application are lawfully
made and are admissible further proves conclusively the workers case of
earlier withholding of their wages along with provident pertaining to the
period of December, 2002 to February, 2003. As such retrenchment of
worker and closure of factory is void ab initio or nonest in the eyes of law.
On the other hand AR for respondent argued that a dispute was arisen
among the partner and District Magistrate, Jammu has withhold their license
of manufacturing and transportation. So the management of the company
was not able to run the factory. Therefore, management decided to close
down the unit. There was an allotted quota of 720 BL Guns in a year in this
factory. It is admitted that there are total strength of employees was 25
comprised of 5 administrative, 12 full time worker and part time worker
and mode of payment of them is not a salary based but on piece rated.
There is no balance salary for the year 2002 to 2003 and up to January,
2004. As per law management has issued a proper notice prior to closure
the factory for which period workers have been already paid as petitioners
in their statement has also admitted. Respondent have submitted the service
record before the Conciliation Officer and as per record 1,79,144/- which
is recoverable from the worker as the statement is annexed with the file.
Other side has not rebutted about this fact they are silent for arrear of the
factory towards them. Applicants have relied over the document pertaining
to their joining and average salary in the factory is a forged document. As
such it has no relevant under the Evidence Act.
17. This tribunal has to return the finding within circumscribe limit of
the term of the reference identified by the competent authority appointed
by Government and we are not supposed and expected to travel beyond
the term set up for the adjudication. But is required to be settled precisely is
to be finding out the management is legally right in refusing the demand of
its workmen. If not to what relief workmen are entitled. Assuming for the 10 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— sake of argument then it is to be seen what appropriate relief given to
petitioners on account of such illegal action.
18. Briefly petitioners were employee of the factory which definitely covered under section 2 (s) of the Industrial Disputes Act and parties have not disputed on this point. The grievances of the petitioners are as that gun factory has been closed without complying provision of section 25F of the I. D. Act. Their dues have not been paid before closure of the factory. Whereas management alleged that they have comply the provision of section 25F properly. As they have given one month earlier notice and also paid for notice period to the workers and clear all the back wages up to January, 2004. Though there is some outstanding balance toward the workers which is recoverable. Section 25FFF is hereby reproduced as under :—
"section 25FFF. Compensation to workmen in case of closing down of undertaking (1) where van undertaking is closed down
for any reason whatsoever, every workman who has been in continues service for not less than one year in that undertaking
immediately before such closure shall subject to the provisions of
sub-section (2), be entitled to notice and compensation in accordance with provisions of section 25F, as if the workman had
been retrenched :
Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of employer, the
compensation to paid to the workmen under clause (b) of section 25F, be shall not exceed has average pay for three months.''
19. Whereas section 25F says that condition precedent to retrenchment
of workmen––
"The Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) No workman has been given one month's notice in writing
indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of
such notice, wages for the period of the notice ;
No. 20-3] The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (b) the workman has been paid at the time of retrenchment,
compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service
or any part thereof in excess of six months."
20. In the instant case a management of the Tawi Arms Gun
Manufacturers has properly issued the notice before closure of the factory
on 01-12-2003 same has been admitted by the petitioners in their deposition
also. And they have been paid up to January, 2004. So the management has
rightly comply the first condition of section 25F of I. D. Act. Other demands
of the workers that they have not been paid compensation of retrenchment
on the closure of the factory is concerned respondent claim that the workers
of the factory is still under the liability of arrear of Rs. 1,79,144/- which is
recoverable by respondent from the workers and petitioners are silent about
this assertion made by him in counter claim. If any amount remains unpaid
toward the management, respondent are ready to pay. Respondent are
silent about the claim with regard to retrenchment compensation as claimed
by the petitioners. Neither any evidence have come to controvert the claim
of the petitioners with regard to gratuity, retirement benefit, leave salary
balance and bonus for the year 2003. The provisions of section 25F are
coached in mandatory form, and non-compliance therewith has the result
of rendering the order of retrenchment void ab initio. Thought respondent
is claiming on the liability of Rs. 1,79,144/- from the workers. But same is
not clear whether this amount was given as wages in advance or for what
purpose this amount was already paid. But if any amount was due to the
workers management should have demanded from them separately. But
management cannot withheld the benefits which was due to them at the
time of retrenchment. So until unless all the benefits are not given to the
workers it cannot be a proper retrenchment. So for the petitioners claim
with regard to back wages when they have not worked has not been proved.
And AR for the petitioner admitted that they have not work during alleged
period. As such petitioners demands with regard to salary for the period
which they have not worked is not acceptable and they have also received
the payment of notice period. So other demands of the workers are legally
right, management have wrongly refused to accept the legal demand. As 12 The J&K Govt. Gazette, 13th Aug., 2015/22nd Srav., 1937. [No. 20-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— such the issue No. 1 is decided in favour of the peititoners/workers. They
are entitled for compensation which shall be equivalent to 15 days average
pay for every completed years of continuous service. Some workers who
have completed the five years of the service in the establishment are also
entitled for gratuity of 15 days salary for every completed years of service.
All workers are also entitled for leave salary and bonus for the year 2003
which has not been paid at the time of retrenchment. Accordingly an award
is passed in favour of the petitioners and against the respondent
management. Reference is replied accordingly. Copy of the award be sent
to the Government through its Commissioner/Secretary, Labour Department
for information and publication in the Government Gazette. File shall consign
to record after its due completion.
Announced :
25-06-2015.
(Sd.) ZUBAIR AHMAD RAZA,
District and Sessions Judge
(Presiding Officer),
Industrial Tribunal-cum-Labour Court,
J&K, Jammu.