THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129]

Srinagar, Thu., the 8th Sept., 2016/17th Bhad., 1938.

[ No. 23

––––––––––––––––––––––––––––––––––––––––––––––––––––––

REGD NO. JK––33

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 11-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART II- B– Notifications, Notices and Orders by Heads

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 ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Government Press, Srinagar.

224-230

267-274

45-46

313-324

99-100

89-92

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

Notification

No. 260 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Fatima Irshad D/o Mr. Irshad Hussain Sofi

R/o Search Payeen Nunar, Tehsil and District Ganderbal vide Notification

No. 353 dated 14-07-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 261 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Balbir Singh S/o Mr. Kamal Singh R/o Supwal,

Tehsil Samba, District Samba vide Notification No. 903 dated 23-12-2014

has been declared as absolute/final.

By order.

––––––––

Notification

No. 262 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Basharat Ahmed S/o Mr. Mohd Bashir

224 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [ No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 23]

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. 225

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

R/o Mahra Village, Tehsil Surankote, District Poonch vide Notification

No. 1135 dated 23-02-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 263 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Jagdish Lal Sharma S/o Mr. Parma Nand

Sharma R/o H. No. 107, Lane No. 10, Greater Kailash, Jammu

vide Notification No. 400 dated 15-10-2015 has been declared as

absolute/final.

By order.

––––––––

Notification

No. 264 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Sanjay Langeh S/o Mr. D. S. Langeh R/o

H. No. 12, Ashok Nagar, Near Canal Power House, Bhagwati Nagar,

Jammu vide Notification No. 915 dated 23-12-2014 has been declared as

absolute/final.

By order.

––––––––

Notification

No. 265 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Raghubir Singh S/o Mr. Manohar Singh R/o

H. No. 263, Pacci Dhakki, Jain Bazar, Jammu vide Notification No. 1079

dated 19-03-2014 has been declared as absolute/final.

By order.

––––––––

226 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [ No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 266 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Bhawna Gupta D/o Mr. Dinesh Gupta R/o

House No. 20, Naseeb Nagar, Janipur, Jammu vide Notification No. 34

dated 18-04-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 267 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Sahil Chowdhary S/o Mr. Darshan Singh R/o

New Barti Khour Salarian, Nandhpur, Samba A/P Lane No. 16, Greater

Kailash, Jammu vide Notification No. 522 dated 13-10-2014 has been

declared as absolute/final.

By order.

––––––––

Notification

No. 269 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Amit Raina S/o Mr. Dwarka Nath Raina R/o

House No. 3, Talli Morh, Doordarshan Lane, Jammu vide Notification

No. 1353 dated 30-03-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 270 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Afiya Tabassum Malik D/o Mr. Riaz-ul-Hassan

No. 23]

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. 227

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Malik R/o Lowang, Tehsil Bani, District Kathua A/P Bathindi Near Gulfam

Hotel, Jammu vide Notification No. 1385 dated 30-03-2015 has been

declared as absolute/final.

By order.

––––––––

Notification

No. 271 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Mohd Yaseen S/o Mr. Mohd Bashir R/o

Fatehpur Danna, Tehsil and District Rajouri vide Notification No. 361

dated 14-07-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 272 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Parshant Kumar Magotra S/o Mr. Yash Paul

Magotra R/o Nagri Parole, Traf Bala, Kathua vide Notification No. 1163

dated 23-02-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 273 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Sonia Manhas D/o Mr. Pritam Singh

R/o Bhalwal Malo, Akhnoor, Jammu vide Notification No. 491 dated

13-10-2014 has been declared as absolute/final.

By order.

––––––––

228 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [ No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 274 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Rakesh Kumar S/o Mr. Madan Lal R/o Gopal

Nagar, Kundrorian, Katra, Tehsil and District Reasi vide Notification

No. 350 dated 14-07-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 275 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Raja Faisal Malik S/o Mr. Zahoor Ahmad

Malik R/o Moogwall, Malikpora, Anantag A/P Channi Rama Opp. Tawish

B.ed. College, Jammu vide Notification No. 1130 dated 20-03-2014 has

been declared as absolute/final.

By order.

––––––––

Notification

No. 276 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Partap Singh S/o Mr. Thakar Dass R/o

Senabathi, Tehsil Banihal, District Ramban vide Notification No. 513 dated

13-10-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 277 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Anjana Sharma D/o Mr. Madan Lal Sharma

No. 23]

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. 229

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

R/o Ward No. 07, C/o Madan Lal Sharma, Village Mandi, District Udhampur

vide Notification No. 285 dated 23-05-2014 has been declared as

absolute/final.

By order.

––––––––

Notification

No. 278 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Nadeem Ahmad Pandit S/o Mr. Mohd Yousuf

Pandit R/o Nowpora, Khanyar, Srinagar vide Notification No. 1071 dated

19-03-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 279 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Harit Sharma S/o Mr. Rajesh Sharma R/o

Opposite District Court Complex, Ward No. 2, Kathua vide Notification

No. 936 dated 23-12-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 280 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Megha Pachnanda D/o Mr. Arun Pachanada

R/o H. No. 7A, Lane No. 2, Shakti Nagar, Jammu vide Notification

No. 72 dated 22-05-2013 has been declared as absolute/final.

By order.

––––––––

230 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [ No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 281 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Honey Bali D/o Mr. Bharat Bhushan Bali

R/o House No. 571, Peer Mitha, Jammu vide Notification No. 40 dated

21-04-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 282 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Manjeet Singh S/o Mr. Abhiman R/o Seri,

Tehsil and District Ramban A/P C/o Rahul Sharma, Room No. 31, Boys

Hostel, Old University Road, Jammu vide Notification No. 310 dated

31-05-2014 has been declared as absolute/final.

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Joint Registrar (Admn.).

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT–GENERAL ADMINISTRATION

DEPARTMENT.

(Services)

Subject :—Assigning the charge of the post of Director, Information

to Dr. Shahid Iqbal Choudhary, IAS.

Reference :—Government Order No.772-GAD of 2016 dated

29-7-2016.

––––––

Government Order No. 868-GAD of 2016

Dated 08-08-2016.

It is hereby ordered that Dr. Shahid Iqbal Choudhary, IAS : 09,

Additional Secretary in the Chief Minister’s Secretariat shall hold the

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Thu., the 8th Sept., 2016/17th Bhad., 1938.

[No. 23

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.

———–

charge of the post of Director, Information, J&K also, till further orders,

relieving Mr. Bashir Ahmad Dar, KAS, Special Secretary in the Chief

Minister’s Secretariat of the additional charge.

By order of the Government of Jammu and Kashmir.

(Sd.)

IMTEEAZ KACHO,

Deputy Secretary to the Government.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—HIGHER EDUCATION DEPARTMENT.

Subject :—Retirement of Principals, Assistant/Associate Professors,

Librarians and PTIs of Govt. Degree Colleges during the

years 2016 and 2017.

–––––––

Notification

It is hereby notified for information of all the concerned that the

Principals, Assistant/Associate Professors, Librarians and PTIs of Govt.

Degree Colleges, whose particulars are given in the Annexure to this

notification, will retire from Government service on superannuation, in

terms of Article 285, J&K CSR from the dates indicated as against

each.

(Sd.)

ABDUL HAMID, KAS,

Addl. Secretary to the Government,

Higher Education Department.

–––––––

268

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

[No. 23

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Annexure

List of Officers of Higher Education Department who are retiring

from Government service during the years 2016-2017.

Principal :

Name of

Date of Birth

Date of

No.

Principal

Retirement

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sh. Zahoor Ahmad

08-06-1956

30-06-2016

Sh. Tariq Ahmed Kawoos

01-09-1956

31-08-2016

(Director, Colleges)

Mrs. Savitri Sharma

09-02-1957

28-02-2017

Sh. J. L. Bhagat

05-03-1957

31-03-2017

Sh. Mumtaz Ali

05-04-1957

30-04-2017

Ms. Anjli Razdan

09-04-1957

30-04-2017

Sh. Nater Singh

25-04-1957

30-04-2017

Mrs. Renu Goswami

27-05-1957

31-05-2017

Sh. M. Ashraf Shah

16-09-1957

30-09-2017

Assistant/Associate Professors/Librarian/PTIs :

Name of Associate

Subject

Date of

No.

Professor

Birth

Retirement

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Mrs. Kailash Mehra

Music

02-06-1956

30-06-2016

2. Sh. A. R. War

Arabic

15-08-1956

31-08-2016

3. Mrs. Neelam Mohan

English

20-09-1956

30-09-2016

4. Sh. Sudha Sehgal

Physics

25-09-1956

30-09-2016

5. Sh. B. B. Sharma

Sanskrit

01-10-1956

31-10-2016

No. 23]

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

269

––––––––––––––––––––––––––––––––––––––––––––––––––––––

6. Sh. A. R. Khanday

History

01-10-1956

31-10-2016

7. Sh. Khurshid Anwar

Geography

17-12-1956

31-12-2016

8. Sh. B. L. Bhat

Chemistry

24-12-1956

31-12-2016

9. Sh. Zaheer Abass

Urdu

03-01-1957

31-01-2017

Sh. Hashmi

10. Mrs. Farida Koul

Urdu

10-02-1957

28-02-2017

11. Sh. Showkat Ali Bhat

Geography

01-03-1957

28-02-2017

12. Sh. B. A. Najar

Botany

04-03-1957

31-03-2017

13. Sh. Kuldeep Singh

Botany

11-03-1957

31-03-2017

Chowdhary

14. Sh. Ab. Majid Bhat

Education

12-03-1957

31-03-2017

15. Sh. Fayaz Ahmad Mir

Commerce

01-04-1957

31-03-2017

16. Sh. Abdul Rashid Dar

Botany

02-04-1957

30-04-2017

17. Sh. Harbajan Singh

Zoology

03-04-1957

30-04-2017

Bali

18. Mrs. Naseema Koul

Commerce

10-04-1957

30-04-2017

19. Sh. Gh. Qadir Lone

Commerce

18-04-1957

30-04-2017

20.

Sh. M. P. Singh

Punjabi

22-04-1957

30-04-2017

21.

Sh. Jyoti Parkash

Sanskrit

23-04-1957

30-04-2017

22.

Ms. Hamida Parveen

Commerce

01-05-1957

30-04-2017

23.

Sh. Aijaz Ahmad Mir

Economics

07-05-1957

31-05-2017

24.

Sh. Janak Singh

Mathematics

15-06-1957

30-06-2017

25.

Sh. Rakesh Gupta

Zoology

30-06-1957

30-06-2017

26.

Sh. Aftab Ahmad

Pol. Science

05-09-1957

30-09-2017

Khan

27.

Sh. Sohan Lal

Geography

14-09-1957

30-09-2017

28.

Sh. Altaf Ahmad Baba Physics

23-09-1957

30-09-2017

29.

Sh. Nazir Ahmad Ganai Urdu

28-09-1957

30-09-2017

270

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

[No. 23

––––––––––––––––––––––––––––––––––––––––––––––––––––––

30.

Sh. Tara Nath

Dogri

14-11-1957

30-11-2017

31.

Mrs. Anita Sharma

English

15-11-1957

30-11-2017

32.

Sh. Reyaz Ahmad

Commerce

05-12-1957

31-12-2017

Qureshi

33.

Syed Mohammad

Urdu

25-08-1956

31-08-2016

Raza

34.

Mrs. Veena Tandan

Botany

25-09-1956

30-09-2016

35.

Mrs. Savita Gupta

Librarian

09-10-1956

31-10-2016

36.

Sh. Gh. Mohammad

Kashmiri

01-01-1957

31-12-2016

Wagay

37.

Sh. M. Ramzan Wani

Chemistry

05-01-1956

31-01-2017

38.

Sh. Abdul Rashid Dhar Chemistry

21-01-1957

31-01-2017

39.

Sh. Manzoor Ahmad

Chemistry

31-01-1957

31-01-2017

Zargar

40.

Sh. M. Rafiq Bhat

Zoology

01-03-1957

28-02-2017

41.

Mrs. Tabasum Geelani

PTI

03-03-1957

31-03-2017

42.

Sh. Iftikhar Ahmed

Geography

10-03-1957

31-03-2017

43.

Sh. Gh. Mehdi Meer

Persian

19-03-1957

31-03-2017

44.

Sh. Abdul Rashid

PTI

04-04-1957

30-04-2017

Reshi

45.

Sh. Gh. Mohammad

Mathematics

05-04-1957

30-04-2017

Wani

46.

Sh. Mushtaq Ahmad

Zoology

05-05-1957

31-05-2017

Lone

47.

Mrs. Narayani Jamwal

PTI

12-05-1957

31-05-2017

48.

Sh. Khalil Hussain

Librarian

13-09-1957

30-09-2017

No. 23]

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

271

––––––––––––––––––––––––––––––––––––––––––––––––––––––

49.

Sh. Rakesh Chander

Chemistry

07-11-1957

30-11-2017

50.

Sh. Ab. Rashid Qadri

Urdu

19-11-1957

30-11-2017

51.

Sh. Abdul Rashid Dar

Mathematics

01-01-1958

31-12-2017

(Sd.)

ABDUL HAMID, KAS,

Addl. Secretary to the Government,

Higher Education Department.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 40-Rev (LAJ) of 2016

Dated 17-06-2016.

Whereas, the land, specifications whereof are given in

Annexure “A” to this notification, is required for establishment of

Border Out Post (BOP) by BSF, at Village Mangu Chak, District

Samba ; and

Whereas, on the basis of an indent placed by Inspector General,

Hqrs. Frontier, BSF, Jammu vide No. AXXV/BOP/Mangu Chak/Engg/

2012/9247-49 datede 30-01-2016, necessary “NOC” has been issued

and conveyed by the Home Department vide No. Home/Land-Acq/43/

2015/1097 dated 03-03-2015, accordingly, the notification under section

4(1) was issued by the Collector, Land Acquisition (SDM), Ghagwal

vide No. SDM/G/LA/2015-16/321-330 dated 12-08-2016 for land

measuring 41 Kanals 13 Marlas situated at Village Mangu Chak, District

Samba for establishment of Border Out Post (BOP) by BSF ; and

Whereas, the Collector, Land Acquisition (SDM), Ghagwal vide

letter No. SDM/G/15-16/1148 dated 30-01-2016 reported that the

272

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

[No. 23

––––––––––––––––––––––––––––––––––––––––––––––––––––––

notification issued by him under section 4(1) of the J&K State Land

Acquisition Act, was served upon the interested persons for filing

objections, if any, to the proposed acquisition but no objecction was

received within the stipulated period, as required under sections 5-A

of Land Acquisition Act ; and

Whereas, the report furnished by Collector, Land Acquisition

(SDM), Ghagwal vide letter referred to above, duly endorsed by Deputy

Commissioner, Samba vide No. ACR/LAS/15-16/956 dated 31-03-2016,

has been examined and it has been found that the land owners did

not file any objection to the proposed acquisition ; and

Whereas, the Government is satisfied that the land, particulars

whereof are mentioned in Annexure “A” to this notification, is required

for public purposes i. e. for establishment of Border Out Post (BOP)

by BSF.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

41 Kanals 13 Marlas situated at Village Mangu Chak, District Samba,

details whereof are indicated in Annexure “A” to this notification is

required for public purposes viz. for establishment of Border Out Post

(BOP) by BSF. Further, the Collector, Land Acquisition (SDM),

Ghagwal is directed under section 7 of the said Act to take order for

acquisition of the said land, after giving prescribed notice to the interested

person(s), as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible

for identification and proper title verification of all types of land involved

in the case and apportionment of compensation amongst all the interested

persons/rightful claimants in accordance with the relevant laws/rules in

force, while making the award.

(Sd.)

MUHAMMAD AFZAL, IAS,

Commissioner/Secretary to the Government,

Revenue Department.

––––––––

No. 23]

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

273

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Annexure “A” to Notification No. 40-Rev (LAJ) 2016

dated 17-06-2016.

District

Village

Kh. Nos.

Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Samba

Mangu Chak

399

Min

11–00

304

02–11

303

14–19

159

Min

00–11

300

Min

05–17

298

Min

00–10

299

Min

00–03

297

Min

00–01

458

Min

06–01

––––––

Total

41–13

––––––

274

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[No. 23

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THE

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Vol. 129] Srinagar, Thu., the 8th Sept., 2016/17th Bhad., 1938. [ No. 23

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 the Government Order No. 772-GAD of 2016

dated 29-07-2016, we the following officers have handed/taken over

the charge of Commissioner, Jammu Municipal Corporation today on

29-07-2016 A. N.

(Sd.) MANDEEP KAUR, IAS,

Relieved Officer.

(Sd.) MANMOHAN SINGH, KAS,

Relieving Officer.

––––––––

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

POWER GRID CORPORATION OF INDIA LTD.,

NR-II, NARWAL BALA, JAMMU.

No. N2JM/PGCIL/CLA/2016/3472-79

Dated 17-03-2016.

Subject:––Notification under section 4 (1) of Land Acquisition Act, 1990

Samvat as amended up-to-date.

––––––

Corrigendum

Please read land measuring (01 Kanal 07 Marlas) instead of

(01 Kanal 02 Marlas) out of Khasra No. (1021/380) and (1022/380)

THE

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Vol. 129] Srinagar, Thu., the 8th Sept., 2016/17th Bhad., 1938. [No. 23

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.

_______

against Tower No. 56 and Khasra No. 1017/372 instead of Khasra

No. 312 against Tower No. 57 situated at Village and Tehsil Thathri

coming under the corridor of 400 KV D/C Dulhasti-Kishenpur

Transmission Line entered at serial No. 5 and 6 respectively, thereby

increasing total area to (08 Kanals 09 Marlas) instead of total

area (08 Kanals 04 Marlas) already notified under section 4 (1) of

Land Acquisition Act, 1990 Svt. as amended up-to-date issued

vide this office Notification No. N2JM/PGCIL/CLA/2015/2720-26

dated 31-01-2015 ; and

Further, please read Khasra No. 31/1 instead of Khasra No. 31

against Tower No. 77 situated at Village Indrella, Tehsil Thathri and

further, land measuring 14 Marlas instead of 12 Marlas out of Khasra

No. 654 and Khasra No. 696/653 instead of Khasra No. 708/653 against

Tower No. 78 situated at Village Parnote, Tehsil Thathri coming under

the corridor of 400 KV D/C Dulhasti-Kishenpur Transmission Line

entered at serial No. 6 and 7 respectively, thereby increasing total area

to (16 Kanal 07 Marlas) instead of total area (16 Kanals 02 Marlas)

already notified under section 4 (1) of Land Acquisition Act, 1990,

Samvat as amended up-to-date issued vide this office Notification

No. N2JM/PGCIL/CLA/2014/2133-39 dated 15-07-2014.

Any objections to the acquisition of the said land be filed to

the undersigned within 15 days from the date of publication of this

notification after expiry of the time no objection will be entertained.

(Sd.) KAMLA DEVI, KAS,

Collector, Land Acquisition,

Power Grid Corporation of India,

NR-II, Narwal, Bala,

Jammu.

––––––

314 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

POWER GRID CORPORATION OF INDIA LTD.,

NR-II, NARWAL BALA, JAMMU.

No. N2JM/PGCIL/CLA/2016/3346-52

Dated 14-03-2016.

Subject:––Notification under section 4 (1) of Land Acquisition Act, 1990

Samvat as amended up-to-date.

––––––

Corrigendum

Area measuring 7 Marlas proposed to be acquired for Tower

No. 26/0 out of Khasra No. 778 Min has inadvertently been shown

located in Village Drab in section 4 (1) of Land Acquisition Act

issued vide this office No. N2JM/PGCIL/CLA/2015/2614-20

dated 08-07-2015 may please be read to be acquired from Khasra

No. 778 Min of Village Agral, Tehsil and District Kishtwar.

(Sd.) KAMLA DEVI, KAS,

Collector, Land Acquisition,

Power Grid Corporation of India,

NR-II, Narwal, Bye-Pass,

Jammu.

––––––

No. 23 ] The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. 315

–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

316 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

OFFICE OF THE CUSTODIAN,

EVACUEE PROPERTY DEPARTMENT, KASHMIR.

Corrigendum

Please read 1/3rd out of one half of three storeyed house along

with compound instead of 2/3rd share and compound out of three

storeyed house in the description column of notification dated

14-11-2015 issued under endorsement No. CEPS/JS/2142-43

dated 14-11-2015.

(Sd.)...........................

Custodian,

Evacuee Property Department,

Kashmir.

–––––––

IN THE OFFICE OF 3RD ADDITIONAL MUNSIFF

(JMIC), JAMMU.

Present : Pooja Raina

State Vs. Nemo

P/S

Bagh-e-Bahu.

Proceeding under section 523 Cr. P. C.

Notice

Notice to the General Public.

Proclamation is issued to the General Public through this notice

that a complaint under section 523 Cr. P.C. is pending disposal

before this Court. Police of Police Station Bagh-e-Bahu has seized

vehicle (Motor Cycle) Chasis No. MEIRG0618E0014695, bearing

No. 23 ] The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. 317

–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

Engine No. 0014659 from Mohmaya Mandir on 07-03-2016 which

was found suspected on the road. Any person who may have a

claim to the said property may appear before this court and establish

his/her claim within six months from the date of proclamation failing

which the proceeding under law shall be taken.

Given under my hand and seal of this court on 24-03-2016.

(Sd.)................................

3rd Addl. Munsiff

(JMIC), Jammu.

———–

IN THE OFFICE OF 3RD ADDITIONAL MUNSIFF

(JMIC), JAMMU.

Present : Pooja Raina

State Vs. Nemo

P/S

Bagh-e-Bahu.

Proceeding under section 523 Cr. P. C.

Notice

Notice to the General Public.

Proclamation is issued to the General Public through this notice

that a complaint under section 523 Cr. P. C. is pending disposal

before this Court. Police of Police Station Bagh-e-Bahu has seized

vehicle (Motor Cycle) bearing Registration JK02AC-9876 and

No. JK0AC-1191 from Mohmaya Mandir on 18-03-2016 which

was found suspected on the road. Any person who may have a

318 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

claim to the said property may appear before this court and

establish his/her claim within six months from the date of proclamation

failing which the proceeding under law shall be taken.

Given under my hand and seal of this court on 24-03-2016.

(Sd.)................................

3rd Addl. Munsiff

(JMIC), Jammu.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

BUDGAM.

Subject:––Land acquisition case of Village Shumnagh.

––––––

Notification under section 4 (1)

In exercise of powers vested to me under section 4 (1) of

Land Acquisition Act, Samvat 1990, I, Naseer Ahmad Wani

(KAS), Collector, Land Acquisition/Assistant Commissioner, Revenue,

Budgam do hereby notify the land particulars whereof are given

below is required for public purpose :–

District

Tehsil

Village

Khasra

Area

No.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Budgam

Chadoora

Shumnagh

599

00–05

Objection, if any, in this regard may be received by this office

within fifteen days from the publication of this notice.

(Sd).....................

Collector, Land Acquisition,

Assistant Commissioner (Rev.),

Budgam.

––––––

No. 23 ] The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. 319

–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

BUDGAM.

Subject:––Land acquisition case of Village Shumnagh.

––––––

Notification under section 4 (1)

In exercise of powers vested to me under section 4 (1) of

Land Acquisition Act, Samvat 1990, I, Naseer Ahmad Wani (KAS),

Collector, Land Acquisition/Assistant Commissioner, Revenue, Budgam

do hereby notify the land particulars whereof are given below is

required for public purpose :–

District

Tehsil

Village

Khasra

Area

No.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Budgam

Chadoora

Shumnagh

210 min

00–10

Objection, if any, in this regard may be received by this office

within fifteen days from the publication of this notice.

(Sd).....................

Collector, Land Acquisition,

Assistant Commissioner (Rev.),

Budgam.

––––––

320 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

BUDGAM.

Subject:––Land acquisition case of Village Bradipathri.

––––––

Notification under section 4 (1)

In exercise of powers vested to me under section 4 (1) of

Land Acquisition Act, Samvat 1990, I, Naseer Ahmad Wani (KAS),

Collector, Land Acquisition/Assistant Commissioner, Revenue, Budgam

do hereby notify the land particulars whereof are given below is

required for public purpose :–

District

Tehsil

Village

Khasra

Area

No.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

Budgam

Charisharief

Bradipathri

00–01–06

Objection, if any, in this regard may be received by this office

within fifteen days from the publication of this notice.

(Sd).....................

Collector, Land Acquisition,

Assistant Commissioner (Rev.)

Budgam.

––––––

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

PWD, JAMMU.

Notification

In exercise of powers conferred by sub-section (1) of section

4 of the Land Acquisition Act, Samvat 1990, I, Surjeet Singh, KAS,

Collector, Land Acquisition, PWD (R&B), Jammu hereby notify the

No. 23 ] The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. 321

–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

particulars of land given below is needed for public purpose namely

for construction of Jurian Bakore road from Government Agriculture

Farm House to house of Sh. Banarsi Lal R/o Chak Kora in Village

Chak Kora, Tehsil Khour, District Jammu.

All the persons having interest in the land may file the objection,

if any regarding acquisition of land before the undersigned within

fifteen days of the issuance of this notification in the newspapers.

Particulars

District

Tehsil

Village

Khasra

Area

Nos.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Jammu

Khour

Chak Kora

176

04–09

177

02–04

180

01–01

–––––

Total

07–14

–––––

(Sd.) SURJEET SINGH, KAS,

Collector,

Land Acquisition, PWD,

Jammu.

–––––––

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

ACR, RAMBAN.

Notification

In exercise of powers vested in me under section 4, sub-section

(1) of the J&K State Land Acquisition Act, 1990 Samvat, I, Vevaik

Puri (KAS), Collector, Land Acquisition (ACR), Ramban do hereby

322 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

notify that below mentioned land is needed for public purpose

namely for construction of Ukherhal-Bingara road under PMGSY at

Village Panchal, Tehsil Pogal Paristan, District Ramban.

Particulars of land

District

Tehsil

Village

Khasra

Area

Nos.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Ramban

Pogal Paristan

Panchal

502 min

01–04

502 min

01–08

502 min

00–09

502 min

00–02

503 min

00–11

504 min

00–03

504 min

00–02

504 min

00–02

505 min

00–13

505 min

00–10

505 min

00–13

505 min

00–04

507 min

00–14

507 min

00–12

507 min

00–16

No. 23 ] The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. 323

–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

507 min

00–03

507 min

00–04

507 min

00–02

515 min

00–02

516 min

00–02

516 min

00–19

516 min

00–07

524 min

00–01

527 min

00–03

529 min

00–05

533 min

00–04

616 min

00–15

–––––

Total

11–10

–––––

Objections, if any, to the proposed acquisition shall be

submitted to this Collectorate within 15 days from the date of

publication of this notification.

(Sd.) VEVAIK PURI, KAS,

Collector,

Land Acquisition (ACR),

Ramban.

–––––––

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

324 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938. [No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

(REHABILITATION DEPARTMENT),

OFFICE OF THE DEPUTY CUSTODIAN,

EVACUEES PROPERTY, DISTRICT POONCH.

Notification

Dated 24-02-2016.

In pursuance of sub-section (1) section 6 of the Jammu and

Kashmir (Administration of Property) Act VI of 2006, the Deputy

Custodian is pleased to notify for general information the list of

evacuees properties specified in the schedule annexed hereto which

have vested in him.

Schedule

Description

Location

–––––––––––––––––––––––––––––––––––––––––––––––––––––

Evacuee property land covered under

Village Samot,

Kh. No. 996 measuring 19 Kanlas

Tehsil Surankote,

10 Marlas belonging to Mohd Din,

Poonch.

and others Ss/o Bhaka Mohd,

evacuees of 1947 illegal occupand of

Sh. Mohd Din, Sadaq Manga

Ss/o Habab Quder, Baga Mohd Shife

Ss/o Badher Jamal Din, Amin Din

Ss/o Mathu

(Sd) A. R SHEIKH,

Deputy Custodian,

Evacuee Property,

Poonch.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Thu., the 8th Sept., 2016/17th Bhad., 1938. [ No. 23

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS–C

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,

J&K, SRINAGAR.

Reference :––Cancellation of e-NIT No. 06 of 2016 dated 28-07-2016 for

supply of various uniform items.

––––––

In view of amendments in BoQ, the e-NIT No. 06 of 2016 dated

28-07-2016 for supply of various uniform items is cancelled and will be

retendered afresh.

(Sd.) ......................

Director General,

Fire and Emergency Services, J&K, Srinagar.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,

J&K, SRINAGAR.

Extension Notice

It is notified for the information of all concerned that the dates of

downloading, online submission, Pre-Bid Meeting, submission of Hard Copy

and date of opening of tenders in respect of e-NIT No. 07 of 2016 dated

18-08-2016 for implementation of Transparent Recruitment Process for

different Non-Gazetted Posts in Fire and Emergency Services, J&K, are

extended as under :––

Period of downloading of documents

up to 26-09-2016 up to 4.00 P. M.

Date of submission of online

up to 26-09-2016 up to 4.00 P. M.

documents

Date of Pre-Bid Meeting

16-09-2016 at 1500 hours.

Date of submission of Hard Copy

27-09-2016 up to 4.00 P. M.

Date of Opening Tenders

28-09-2016 or any other convenient

date

Other terms and conditions of the NIT shall remain unchanged.

(Sd.) ......................

Director General,

Fire and Emergency Services, J&K, Srinagar.

100 The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

[No. 23

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE

AND PARLIAMENTARY AFFAIRS

Srinagar, the 23rd July, 2016.

The following Act as passed by the Jammu and Kashmir State

Legislature received the assent of the Governor on 23rd July, 2016 and

is hereby published for general information :––

THE JAMMU AND KASHMIR CIVIC LAWS

(SPECIAL PROVISIONS) (AMENDMENT) ACT, 2016.

(Act No. VIII of 2016)

[23rd July, 2016.]

An Act to amend the Jammu and Kashmir Civic Laws

(Special Provisions) Act, 2014.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Sat., the 23rd July, 2016/1st Srav., 1938. [No. 16-2

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

EXTRAORDINARY

REGD. NO. JK—33

Be it enacted by the Jammu and Kashmir State Legislature in

the Sixty-seventh Year of the Republic of India as follows :––

1. Short title and commencement.––(1) This Act may be called

the Jammu and Kashmir Civic Laws (Special Provisions) (Amendment)

Act, 2016.

(2) It shall come into force from 1st of January, 2016.

2. Amendment of section 1, Act III of 2014.––In section 1 of

Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014

(hereinafter referred to as the principal Act), in sub-section (2), for

the words and figures, “31st day of December, 2015”, the words and

figures, “31st day of March, 2017”, shall be substituted.

3. Amendment of sections 3 and 4 of Act III of 2014.––

In sections 3 and 4 of the Principal Act, for the words and figures,

“31st of December, 2015”, the words and figures, “31st day of

March, 2017”, shall be substituted.

(Sd.) ACHAL SETHI,

Additional Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938.

[No. 16-2

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE

AND PARLIAMENTARY AFFAIRS

Srinagar, the 23rd July, 2016.

The following Act as passed by the Jammu and Kashmir State

Legislature received the assent of the Governor on 23rd July, 2016 and

is hereby published for general information :––

THE JAMMU AND KASHMIR BRICK KILNS (REGULATION)

(AMENDMENT) ACT, 2016.

(Act No. X of 2016)

[23rd July, 2016.]

An Act to amend the Jammu and Kashmir Brick Kilns (Regulation)

Act, 2010.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Sat., the 23rd July, 2016/1st Srav., 1938. [No. 16-4

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

EXTRAORDINARY

REGD. NO. JK—33

Be it enacted by the Jammu and Kashmir State Legislature in

the Sixty-seventh Year of the Republic of India as follows :––

1. Short title and commencement.––(1) This Act may be called

the Jammu and Kashmir Brick Kilns (Regulation) (Amendment)

Act, 2016.

(2) It shall come into force from the date of its publication in

the Government Gazette.

2. Amendment of section 3, Act XVII of 2010.––In section 3

of Jammu and Kashmir Brick Kilns (Regulation) Act, 2010 (hereinafter

referred to as the ‘Principal Act’), after sub-section (3), the following

sub-section shall be added, namely :––

“(4) No person shall establish a brick kiln or apply for renewal

unless he/she,––

(a) produces transfer of land use rights certificate from

Revenue Department ;

(b) produces environment clearance certificate from the

Department of Environment and Remote Sensing ;

brick kiln on an uneven, unproductive land to be

certified by the Director, Agriculture.

3. Amendment of section 6, Act XVII of 2010.––In section 6

of the ‘Principal Act’, in sub-section (6), in clause (d) for the words,

“five years”, the words, “seven years” shall be substituted.

(Sd.) ACHAL SETHI,

Additional Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938.

[No. 16-4

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE

AND PARLIAMENTARY AFFAIRS

Srinagar, the 23rd July, 2016.

The following Act as passed by the Jammu and Kashmir State

Legislature received the assent of the Governor on 23rd July, 2016 and

is hereby published for general information :––

THE JAMMU AND KASHMIR GENERAL SALES TAX

(AMENDMENT) ACT, 2016

(Act No. XII of 2016)

[23rd July, 2016.]

An Act to amend the Jammu and Kashmir General Sales Tax

Act, 1962.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Sat., the 23rd July, 2016/1st Srav., 1938. [No. 16-6

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

EXTRAORDINARY

REGD. NO. JK—33

Be it enacted by the Jammu and Kashmir State Legislature in

the Sixty-seventh Year of the Republic of India as follows :––

1. Short title and commencement.––(1) This Act may be called

the Jammu and Kashmir General Sales Tax (Amendment) Act, 2016.

(2) It shall come into force from the date of its publication in

the Government Gazette.

2. Amendment in section 25-D, Act XX of 1962.––In the Jammu

and Kashmir General Sales Tax Act, 1962, in section 25-D, after the

fourth proviso, the following proviso shall be added, namely :––

“Provided also that the Government may, notwithstanding any

Judgment, decree or order of any court or tribunal, or anything

contained in this Act, if it is of the opinion that it is expedient

to do so in public interest, and subject to such conditions as

it may consider necessary, by notification grant one time

immunity from penalty for any offence under this Act

and/or allow remission of interest on arrears of admitted or

assessed tax accrued up to the accounting year 2015-16 in

favour of any dealer having defaulted in the payment of tax

during the said accounting years provided the entire principal

amount of admitted or assessed tax for the said period is

cleared by the said dealer within such period, not exceeding

six months from the date of notification, as may be specified

in such notification.”

(Sd.) ACHAL SETHI,

Additional Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938.

[No. 16-6

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR,

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

J&K, SRINAGAR.

––––––

Present : Kossar Ahmad Qureshi, Presiding Officer

File No. 924/ITLC/14.

Date of Institution : 12-05-2014.

Date of Decision : 15-06-2016.

––––––

In the case of :

Tariq Ahmad Malla S/o Ali Mohammad Malla R/o Kakapora, Pulwama,

Kashmir.

(Petitioner/Employee)

Versus

1. General Officer Commanding, HQ 15 Corps Q (Ops.) C/O 56 APO,

Srinagar, Kashmir.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Mon., the 25th July, 2016/3rd Srav., 1938.[No. 16-9

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.

———–

EXTRAORDINARY

REGD. NO. JK—33

2. Commanding Officer, Col. 7 RR, Badami Bagh Cantonment, Srinagar,

Kashmir, C/o 56 APO, Srinagar, Kashmir.

3. Lt. C/o 7 RR (Punjab) Badami Bagh Contonment, Srinagar, Kashmir,

C/o 56 APO, Srinagar, Kashmir.

4. HQ. 31, Sub-Area Commander, Badami Bagh Contonment, Srinagar,

Kashmir, C/o 56 APO, Srinagar, Kashmir.

5. Director Defense Procurement Officer, Sanat Nagar, Srinagar, Kashmir.

(Respondents/Employers)

–––––––

In the Matter of :––

Reference under sub-section (2) of section 2A of

the Amendment of 2010 of I. D. Act, 1947.

Apperaring Counsel

Mr. Shabir A. Budoo, Advocate for Petitioner

Memo for Respondents

––––––

ORDER/AWARD

The brief facts of the instant case are that the petitioner being

permanent resident of the State of Jammu and Kashmir, came to be engaged

by the Respondent No. 03 as Porter on contractual/daily wage basis from

September, 2002 and after his engagement, the petitioner was smoothly

working as Porter without any service break and also wages were paid

to the petitioner on each and every month and the last paid wages were

Rs. 4600/- per month which was earlier paid by cash and later from the

year 2011, the same was credited in the Saving Bank Account of the

petitioner running in State Bank of India, B/O Chinar Shopping Complex,

Badami Bagh Cantonment, Srinagar, Kashmir and later from the year 2012,

the said wages were credited in the account running in Post Office Branch

lying in the premises of Respondent No. 04, Srinagar, Kashmir in his account

No. 1464150. It is further stated that all of sudden, the Responants, in the

month of January, 2013 restrained the petitioner from entering in the office

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

[No. 16-9

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

premises, by issuing instructions to the gate security officer and accordingly

the petitioner was not allowed to enter into office premises since

January, 2013 and thereafter did not allow the petitioner to perform his duty

which the petitioner was performing since September, 2002 for the reason

best known to them however the petitioner is not aware as to whether any

order of disbanding of the petitioner from his services, has been passed by

the Respondents or not nor any reasons or prior notice has been served

upon the petitioner and ultimately the said illegal act of the Respondents

constrained the petitioner to serve a legal notice to the Respondents

on 30/01/2013 through Mr. Nazir Ahmad Beig, Advocate, J&K High Court,

Srinagar, Kashmir and in response to the said legal notice, the Respondents

have send a reply dated 21/02/2013 where through admitted that the

petitioner was engaged as Porter but have wrongly mentioned that the

petitioner was engaged since April, 2010 when in fact the petitioner has

been engaged since September, 2002 however have mentioned in their

reply that the petitioner has been disengaged w. e. f. December, 2012 and

further have remained silent as to whether any formal order in this regard

has been issued or not. After which the petitioner filed a petition before the

Ld. Assistant Labour Commissioner, Srinagar on 26/03/2013 against the

said disbanding of the petitioner from the services by the Respondents but

the same was returned back by the Ld. Assistant Labour Commissioner,

Srinagar for want of jurisdiction by observing that the Respondents are not

falling within the definition of “Industry” and also for want of “appropriate

Govt.”. Thereafter the petitioner approached to the Ld. Regional

Commissioner (Central), Jammu, in response to that, the Ld. Regional Labour

Commissioner (Central), Jammu vide his Letter No. 28 (Misc)/2013/

RLC/Jammu dated 09-10-2013, returned the application back, to the

petitioner, with a suggestion to the petitioner, to approach the Ld. Assistant

Labour Commissioner, Srinagar for redressal of his grievances. Upon which

the petitioner thereafter re-approached the Ld. Assistant Labour Commissioner,

Srinagar, Kashmir with a fresh application for initiating conciliation proceedings for

resolving the industrial dispute between the petitioner/employee

and Respondents/employer. Upon receiving the said fresh application, the

No. 16-9]

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

[No. 16-9

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

Respondents were put to notice and filed their written objections to

the said application by taking the same stand as was taken in the supra

reply to the aforesaid legal notice and thereafter the Respondents did not

turn up before the Ld. Assistant Labour Commissioner, Srinagar despite

waiting for more than two to three months. It is further stated that despite

lapse of said period of more than two to three months, the petitioner directly

without wasting further time, filed the instant reference petition on 12/05/

2014, before this Tribunal, in view of the provisions of sub-section (2) of

section 2A of the I. D. Act which confers right to the petitioner to file a

reference petition directly before this Tribunal after the expiry of 45 days

from the date of receipt of application by the Conciliation Officer and the

same provision empowers this Tribunal to entertain and adjudicate upon the

issues and claim, prayed for, in the said reference petition.

Upon receiving the instant reference petition, by this Tribunal, the

same has been registered and thereafter the Respondents were put to notice

who caused their appearance and filed their written objections on 26/11/

2014, same has been placed on record and through their aforesaid written

objections, the stand of the Respondents is that the petitioner was engaged

by the Respondent No. 03 as Casual Porter with 7 RR during the period

from April, 2010 to December, 2012 and his appointment was purely need

basis as such the petitioner can neither be reinstated nor can be permanently

absorbed.

The Respondents later have chosen not to appear, consequently, the

Respondents have been set in ex parte on 29/01/2015 resultantly the petitioner

was directed to lead evidence in ex parte. Upon which the petitioner in

addition to his own, has also produced 04 witnesses total 05 witnesses on

affidavits and the same have been placed on record. These 04 witnesses

are Sajad Ahmad Mir, Adil Ali Malla, Mohammad Ashraf Dar and

Mohammad Ishfaq Bhat. All of them have narrated the same story in their

respective affidavits and corroborated the stand of the petitioner in its totality

and thereafter on the submission of the petitioner, the right of producing

more evidence of the petitioner was closed on 06/05/2015 and the instant

reference has been fixed for final arguments.

No. 16-9]

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

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Heard the petitioner and perused the whole record file and after

considering the whole record file, I feel it necessary that before going through

the issues involved in the reference, which are 1) whether the termination

of the petitioner from his services, by the Respondent is justified ? and 2)

Whether the relief prayed for in the reference can be granted or not ? It is

very necessary to go first through the two important issues which touching

the basic requirements, for deciding the jurisdiction of this Tribunal for the

instant reference. These are :––

1. Whether the Respondent’s office, for the purpose of the dispute

referred in this reference of the petitioner, is falling within the

definition of the “Industry” under Industrial Dispute Act, 1947 ?

2. Whether the instant reference petition is maintainable in view

of provisions of sub-section (2) of section 2A of the I. D. Act ?

These are the main legal issues which need to be considered by this

Tribunal before adjudicating upon the factual issues referred to, in the instant

reference petition.

So far as the first legal issue is concerned, i. e. whether the

Respondent’s office, for the purpose of the dispute referred to, in this

reference of the petitioner, is falling within the definition of the “Industry”

under Industrial Dispute Act, 1947 ? In response, I am of this opinion that

the same depends upon the nature of the work done by the petitioner in the

Respondent’s office. If the work which was assigned to the petitioner i. e.

the job of “Porter” is falling within the activity of the Government relatable

to the sovereign function of the Government, then for the purpose of dispute

referred to, in the instant reference petition, the Respondents are not falling

within the definition of “Industry” in view of the Clause (6) of the

Clause (i) of the definition of “Industry” laid down in section 02 under the

Act otherwise, the Respondents are falling within the definition of “Industry”

in view of the definition of “Industry” under the Act. Now to ascertain

whether the nature of the job of “Porter” which the petitioner was assigned

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

[No. 16-9

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by the Respondents, is an activity relatable to the sovereign function of the

Government or not ? In response, since the said job of “Porter” i. e. the

Misc. Labour work e. g. gardening, watering plants and also to transport

the essential commodities from one place to another in the Respondent’s

premises at Badami Bagh, is not any activity relatable in any way directly

or indirectly to sovereign function of the Government but is purely a

distribution of goods for human consumption. The Porter’s job is totally

different to all activities related to sovereign functions of the Government

because for sovereign functions of the Government, all activities related to

it, are permanent basis but not on need and requirement basis and since the

Respondents in the present case in their aforesaid objections expressly and

clearly stated that the job of Porter assigned to the petitioner is temporary

basis and also need and requirement basis so there is no activity relatable to

sovereign function of the Government on temporary and need basis. There

are two kinds of activities done in the Respondents premises, one those

activities which are directly related to protect the sovereignty of the

Government or State and so far as these activates are concerned, the

Respondents are not falling within the definition of “Industry” under the

Act but so far as activities other than these related to protection of the

sovereignty of the Government, like Porter job i. e. like petitioner’s job, the

same is not directly or indirectly the activity related to protecting the

sovereignty of the State. So on these basis, for the purpose of the dispute

referred to, in the instant reference, I am of this opinion that the Respondents

are falling within the definition of “Industry” under the Act.

Now so far as the second issue is concerned i. e. whether the instant

reference petition is maintainable in view of provisions of sub-section (2) of

section 2A of the I. D. Act in view of I. D. Amendment Act, 2010 ? In

response, I am of this opinion that since after verbal disbanding of the

petitioner from his services, by the Respondent, the petitioner went pillar to

post for redressal of his grievances against his verbal termination from his

services. Initially the petitioner sent a legal notice to Respondents, thereafter

approached the Ld. Assistant Labour Commissioner, Srinagar who initially

No. 16-9]

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

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returned back the said petition by stating that the Respondent is not falling

within the definition of “Industry” and also want of appropriate Government

and subsequently the petitioner approached the Ld. Regional Commissioner

(Central), Jammu, in response to that, the Ld. Regional Labour

Commissioner (Central), Jammu vide his letter No. 28 (Misc)/2013/RLC/

Jammu dated 09-10-2013, returned the application back, to the petitioner,

with a suggestion to the petitioner, to approach the Ld. Assistant Labour

Commissioner, Srinagar for redressal of his grievances and accordingly the

petitioner reapproached the said Ld. Assistant Labour Commissioner,

Srinagar with a fresh application for redressal of his said grievances along

with reply to the above said two quarries which earlier was raised by Ld.

Assistant Labour Commissioner, Srinagar but at this time, after his

satisfaction over reply to said two quarries, the Ld. Assistant Labour

Commissioner, Srinagar initiated the proceedings by issuing a notice to the

Respondents who later appeared and submitted their written objections to

the said application and later chosen not to appear and subsequently when

the Ld. Assistant Labour Commissioner, Srinagar failed to submit the failure

report within the period of 45 days despite lapse of more than two/three

months, the petitioner in view of above referred provision incorporated in

the said Act by the Govt. of India in 2010 which is in force w. e. f. 15th day

of September, 2010 by virtue of notification issued by Ministry of Labour

and Employment, Notification No. S. O. 227(E) dated September 15,

2010 published in the Gazette of India, Extra. dated 15th September, 2010,

P. I. No. 1928, the petitioner without wasting any further time presented

the instant reference petition before this Tribunal on 12-05-2014. Under the

said amended Act, 2010, this Tribunal has powers to entertain and receive a reference

petition directly from the workman after expiry of 45 days, from the date of receipt

of application by the Conciliation Officer of the appropriate Government.

Now since after the expiry of 45 days, a right accrued to the petitioner

under the aforesaid amendment of 2010 to approach directly to this Tribunal

with a reference petition but question here arises that whether the Ld. Assistant

Labour Commissioner, Srinagar who acted as Conciliation Officer in the instant

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[No. 16-9

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reference prior to the presentation of the instant reference before this

Tribunal, has jurisdiction to act as Conciliation Officer in the instant matter

the same depends upon whether the appropriate Govt. for the Respondent

Industry is State Government or Central Government. In response, I am of

this opinion that it is immaterial to this Tribunal whether the appropriate

Govt. for the present reference is State Govt. or Central Govt. because

under the Act, this Tribunal has jurisdiction for both State Govt. as well as

Central Government. But for the maintainability of the present reference

which has been presented before this Tribunal directly by the petitioner

without reference by the appropriate Government because of the aforesaid

amendment of 2010 but the material point is that the instant reference

moved under amendment of 2010, is only maintainable when this reference

petition is moved after the expiry of 45 days from the date of receipt of the

application by the Conciliation Officer of the appropriate Government, the

same fact is proved from the record that the instant reference petition has

been moved before this Tribunal after the expiry of 45 days from the date

of receipt of the application from the petitioner, by the Ld. Assistant Labour

Commissioner, Srinagar and subsequently by Regional Labour Commissioner

(Central), Jammu and then again by the Ld. Assistant Labour Commissioner,

Srinagar but the question here arises whether the Assistant Labour

Commissioner, Srinagar has powers to intervene in the dispute referred to,

in the instant reference petition, the answer is certainly ‘yes’ because had

he not having such powers for the purpose of the dispute with reference to

the instant petition, then he would not have entertained the said application

nor he would have acted upon nor he would have issued a notice to the

Respondents. And nor the Ld. Regional Labour Commissioner (Central),

Jammu would have suggested the petitioner to approach the Ld. Assistant

Labour Commissioner. Besides that undisputedly the Ld. Assistant Labour

Commissioner and Dy. Labour Commissioner, Kashmir is the referral

authority and also Conciliation Officers in view of THE INDUSTRIAL

DISPUTES (JAMMU AND KASHMIR STATE) RULES, 1972 read with

S. R. O. 405 of 1986 dated 18/07/1986 Labour, Stationary and Printing

Department while as the Chief Labour Commissioner (Central) and the

No. 16-9]

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

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Assistant Labour Commissioner (Central) are the only referral authorities

but not Conciliation Officers for dispute related to industry for which the

appropriate Government is Central Government. in view of sub-clause (f)

of section 02 of the “INDUSTRIAL DISPUTES (CENTRAL) RULES,

1957”. In said rules framed by Central Government, there is no talk of

appointment of Conciliation Officers but is only talk of Referral Authorities.

Conciliation Officers and the Referral Authorities were earlier one and a

same thing under the Central Industrial Dispute Rules, 1957 but prior to the

amendment of 2010 however after the amendment of 2010 of the Act, the

said two terms have now become two different terms because prior to said

amendment of 2010, the reference petition can’t be filed directly before

this Tribunal without the reference by the Referral Central Government but

after submitting the failure report to the appropriate Government by the

Referral Authorities of the Central Government, under aforesaid rules, the

Referral Authorities of the Central Govt. were submitting failure reports to

the Central Government and thereafter the appropriate Government was

later were making reference of the Industrial Dispute, for adjudication, to

this Tribunal that is why the said Referral Authorities were earlier acting as

in dual capacity i. e. as Conciliation Officers as well as Referral Authorities

under the Act but after the amendment of 2010, the said rules framed by

Central Government has become partly redundant because after such

amendment the making of reference of the Industrial Dispute by above

said Referral Authorities are not now sine quo non (Pre requisite formality)

for referring the Industrial Dispute to the Central Govt. who later would

have referred the same to this Tribunal. None of the officer has been

appointed as Conciliation Officer by the Central Government for the purpose

of the amendment of 2010 of the Act especially for the purpose of

amendment of sub-section (2) of section 2A of the I. D. Act. No doubt

that the above said officers of the Labour Department of Central Government

are Referral Authorities under the aforesaid rules but not Conciliation Officers

for the purpose of amendment of sub-section (2) of section 2A of the Act

incorporated by amendment of 2010 by Govt. of India. But despite of that the

petitioner has approached the Ld. Assistant Labour Commissioner, Srinagar at the

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

[No. 16-9

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first instance and then to the Regional Labour Commissioner (Central),

Jammu and then again to Ld. Assistant Labour Commissioner, Srinagar

and after which to this Tribunal, after the expiry of more than 02/03 months

from the date of receipt of the application by the Ld. Assistant Labour

Commissioner as such the conditions laid down in the sub-section (2) of

section 2A of the I. D. Act has been strictly complied with as such this

Tribunal has jurisdiction under sub-section (2) of section 2A of the I. D.

Act, to adjudicate upon the instant reference petition.

Now coming to the factual and substantial issues of the matter these

are as under :––

(1) Whether the termination of the petitioner from his services by

the Respondent, is justified ?

(2) Whether the relief prayed for in the reference can be granted

or not ?

So far as the Issue No. 01 is concerned, I am of this opinion that

since the petitioner being permanent resident of the State of Jammu and

Kashmir, came to be engaged by the Respondent No. 03 as Porter on

contractual/ daily wage basis from September, 2002 and after his

engagement, was smoothly working as Porter without any service break

and also wages were paid to the petitioner each and every month and the

last paid wages were Rs. 4600/- per month which was earlier paid by cash

and later from the year 2011 the same was credited in the Saving Bank

Account of the petitioner running in State Bank of India, B/O Chinar

Shopping Complex, Badami Bagh Cantonment, Srinagar, Kashmir and later

from the year 2012 the said wages were credited in the account running in

Post Office Branch lying in the premises of Respondent No. 04, Srinagar,

Kashmir in his Account No. 1464150 but later all of sudden, the petitioner has been

disbanded verbally w. e. f. January, 2013 without assigning any reason and also

without any prior notice, after which a legal notice was served upon the Respondents,

No. 16-9]

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

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to which, the Respondents have also replied the same, the copy of which is

on record, where through admitted that the petitioner was engaged as Porter

but have mentioned that the petitioner was engaged since April, 2010 and

has been disengaged w. e. f. December, 2012 but have remained silent

about the passing of any order of termination in writing. However since the

petitioner’s stand is that he has been engaged since September, 2002 and

since then was continuously working there as Porter and in support of this,

the petitioner has produced four witnesses, in addition to his own statement,

all of them corroborated the stand of the petitioner. Now the question whether

the petitioner was engaged since September, 2002 or from April, 2010 but it

is admitted fact the petitioner has been disbanded w. e. f. December, 2012.

Taking April, 2010 as date of engagement instead of September, 2002 as

date of engagement, as such on the basis of such admission on the part of

the Respondents, it shows that the petitioner has worked with the

Respondents since April, 2010 to December, 2012 i. e. for more than

240 days for a calendar year as such under law a petitioner is a protected

workman and a statutory right has accrued to him under section 25B and

25F of the Act by virtue of which the petitioner cannot be disengaged from

his services, by the Respondents, without following the due procedure laid

down under section 25B and 25F of the Act and any dereliction from such

set procedure makes the termination order illegal, and bad in the eyes of

law as such being that legal position, the termination of the petitioner from

his services, by the Respondent is illegal, invalid, unwarranted and uncalled

for and against the principle of natural justice. In view of the above facts

and circumstances, the petitioner has rendered services for more than 240

days in calendar year as required as such is protected workman in terms of

Act as such since statutory obligation casts upon the Respondent to assign

reasons for termination and to give prior notice to the petitioner before

terminating his services, which has not been done in the present case but in

turn the Respondent has terminated the services of the petitioner in gross

violation of the provisions of section 25B and 25F of the Act. In support of

this, the petitioner relied upon case law, Titled Ramesh Kumar V/s. State of

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

[No. 16-9

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Haryana at Para No.13 (AIR 2010 SC 683) in which the Hon’ble Apex

Court held as under :––

“It is to be noted that in the case of termination of casual employee

what is required to, be seen is whether a workman has completed

240 days in the proceeding twelve months or not. If sufficient

materials are shown that workman has completed 240 days then

his service cannot be terminated without giving notice or

compensation in lieu of it in terms of section 25F. The High Court

failed to appreciate that in the present case appellant has completed

240 days in the preceding 12 months and no notice or compensation

in lieu of it was given to him, in such circumstances, his termination

was illegal”.

Since there is nothing sustainable accepting the averment that the

petitioner had left the service at his own as such from the above referred

provision and also the above referred Judgment of the Hon’ble Apex Court,

I reached on this conclusion that the termination of the petitioner from his

services, by the Respondents, is illegal, invalid, unwarranted and uncalled

for and against the principle of natural justice. Therefore, the termination

of the petitioner by Respondents, is hereby set aside and Respondents are

directed to reinstate the petitioner forthwith.

Now coming to the Issue No. 02, the Issue No. 02 was dependent

upon the Issue No. 01 and since for the aforesaid reasons the termination

of the petitioner from his services, by the Respondents, has been declared

as illegal, invalid, unwarranted and uncalled for and against the principle of

natural justice, and has been ordered to be reinstated forthwith and since

the petitioner is fighting for his reinstatement from last 04 years before

different forums and this Tribunal and since the petitioner has stated that he

is not employed anywhere during this period and more so since the petitioner

has suffered a lot during this long period of 04 years during which the

petitioner not only suffered financially but also mental agony as such under

No. 16-9]

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these peculiar circumstances, the petitioner is entitled for all full back wages

since his termination which the petitioner is entitled under law, relying upon

the Judgment of Hon’ble Apex Court Titled Hindustan Tin Works V/s. Its

Employees (AIR 1979 S. C. 75) in which the Hon’ble Apex Court in para

No. 09, 10 and 11 held as under :––

“It is no more open to debate that in the field of Industrial

Jurisprudence a declaration can be given that the termination of

service is bad and the workman continues to be in service. The

spectre of Common Law doctrine that contract of personal service

cannot be specifically enforced or the doctrine of mitigation of

damages does not haunt this branch of law. The relief of

reinstatement with certainty of service can be granted where

termination of service is found to be invalid. It would mean that

the employer has taken away illegally the right to work of the

workman contrary to the relevant law or in breach of contract

and simultaneously deprived the workman of his earnings. If thus

the employer is found to be in the wrong as a result of which the

workman is directed to be reinstated, the employer could not shirk

his responsibility of paying the wages which the workman has

been deprived of by the illegal or invalid action of the employer.

Speaking realistically, where termination of service is questioned

as invalid or illegal and the workman has to go through the gamut

of litigation, his capacity to sustain himself throughout the protracted

litigation is itself such an awesome factor that he may not survive

to see the day when law’s proverbial delay has become stupefying.

If after such a protracted time and energy consuming litigation

during which period, the workman sustains himself, ultimately he

is to be told that though he will be reinstated, he will be denied to

back wages which would be due to him, the workman would be

subjected to a sort of penalty for no fault of his and it is wholly

undeserved. Ordinarily, therefore, a workman whose service has

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

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been illegally terminated would be entitled to be full back wages

except to the extent he was gainfully employed during the enforced

idleness. That is the normal rule. Any other view would be a

premium on the unwarranted letigative activity of the employer. If

the employer terminates the service, the service illegally and the

termination is motivated as in this case ; viz. to resist the workman’s

demand for revision of wages, termination may well amount to

unfair labour practice. In such circumstances reinstatement being

the normal rule it should be followed with full back wages.

Articles 41 and 43 of the Constitution would assist us in reaching

a just conclusion in this respect.......................... In this very nature

of things there cannot be a strait jacket formula for awarding relief

of back wages. All relevant considerations will enter the verdict.

More or less, it would be a motion addressed to the discretion of

the Tribunal. Full back wages would be the normal rule and the

party objecting to it must establish the circumstances necessitating

departure. At that stage, the Tribunal will exercise its discretion

keeping in view all the relevant circumstances.”

For the foregoing reasons, the issue No. 02 is also decided in favour

of the petitioner and against the Respondents as such the petitioner is entitled

to all full back wages including the period from his termination till the

petitioner resumes his services with all benefits.

Accordingly the Respondents are directed to reinstate the petitioner

forthwith and with a further direction to Respondents to pay the aforesaid

full back wages in favour of the petitioner within a period of three months

failing which thereafter the Respondents have to pay the said full back

wages to the petitioner along with interest @ 08% till final realization.

The reference petition filed by the petitioner, in view of amendment

of sub-section (2) of section 2A of the Industrial Dispute Act, 1947

incorporated by amendment of 2010, is answered accordingly. Copy of this