The Gazette of India - eGazette

REGISTERED NO. DL-33001/93

The Gazette of IndiaPUBLISHED BY AUTHORITY

No. 251 NEW DELHI, SATURDAY, JUNE 19, 1993/JYAISTHA 29,1915

Separate Paging is given to this Part in order that it may be filed as aseparate compilation

PART II—Section 3—Sub-Section (ii)

Statutory Orders and Notifications issued by the Ministries of the Government of India(other than the Ministry of Defence)

MINISTRY OF LAW, JUSTICE & COMPANY AFFAIRS(Department of Legal Affairs)

Judicial SectionNOTICE

Now Delhi, the 19th February, 1993

S.O. 1317.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956

that application has been made to the said Authority, underRule 4 of the said Rules, by Shri Ranjit Kumar Gh6shAdvocate for appointment as a Notary to practise in Barrack-pore, Distt. North 24 Parganas (West Bengal).

2. Any objection to the appointment of the said personas a Notary may be submitted in writing to the undersignedwithin fourteen days of the publication of this notice.

[No. F. 5(25)/93-Judl.]

P. C. KANNAN, Competent Authority

1268 GI/93—1 (1831)

1832 THE GAZETTE OF INDIA: JUNE 19, 1993/JYAISTHA 29, 1915 [PAKI II—SEC. 3(ii)J

NOTICE

New Delhi, the 19th February, 1993

S.O. 1318.—Notice in hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has been made to the said Authority, underRule 4 of the said Rules, by Shri V. B. Patwardhun Advocatefor appointment as a Notary to practise in Tardeo Area,Bombay (Maharashtra).

2. Any objection to the appointment of th* said personas a Notary may be submitted in writing to Jhe underpinnedwithin fourteen days of the publication of this notice.

[No. F. 5(26)/93-.Tudl]


NOTICE

New Delhi, the 10th Way, 1993

S.O. 1319.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has been made to the said Authority, underRule 4 of the said Rules, by Shri Daya Ram Varma Advocatefor appointment as a Notary to practise in Musafir Khana,Distt. Sultanpur (U.P.).


[No. F. 5(33)/93-Judl.]


NOTICENew Delhi, the 10th May, 1993

S.O. 1320.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has been made to the said Authority, underRule 4 of the said Rules, by Shri Ashok Kumar SinghAdvocate for appointment as a Notary to practise in Collec-torate Aligarh (IJ.P.).

2. Any objection to the appointment of the said personas a Notaiy may be submitted in writing to the undersignedwithin fourteen days of the publication of this notice.

INo. F. 5(37)/93-Judl.]P. C. KANNAN, Competent Authority

NOTICE

New Delhi, the 11th May, 1993

S.O. 1321.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has been made to the said Authority, underRule 4 of the said Rules, by Shri Diljjj Shastiutant VanarseAdvocate for appointment as a Notary ta practise in Distt.Nasik (Maharashtra).

2. Any objection to the appointment of tho said personas a Notary may be submitted in writing to the undersignedwiihin fourteen days of the publication of this notice.

[No. F. 5(31)/93Judl.]P. C. KANNAN, Competent Authority

1833

NOTICE


S.O. 1322.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has been made to the said Authority, underRule 4 of the said Rules, by Shri Ram Singh Advocate forappointment as a Notary to practise in Distt. Pilibhit, (U.P.).

2. Any objection to the appointment of the said personas a Notary may be submitted in writing to the undersignedwithin fourteen days of the publication of this ngtice.

[No. F. 5(32)/93-Judl]

P. C, KANNAN, Competent Authority

NOTICE


S.O. 1323.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956thfet application has been made to the said Authority, underRule 4 of the said Rules, by Shri Dwijendmnath ChakrabortyAdvocate for appointment as a Notary to practise in Barasatin North 24 Paraganas (West Bengal).

2. Any objection to the appointment of the said personas a Notary may be submitted in writing to the undereignedwithin fourteen days of the publication of this notice.

LNo. F. 5(34)/93-JudL]


NOTICENew Delhi, the 11th May, 1993

S.O. 132*1.—-Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has been made to the said Authority, underRule 4 of the said Rules, by Shri Subodh Madan Lal ShahAdvocate for appointment as a Notary to practise in NnsikDistt. (Maharashtra).


[No. F. 5(30)/93-Iudl.]P. C. KANNAN, ConiDeteut Authoiiiy

NOTICE


S.O. 1325.—Notice is hereby given by the1 CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has been made to the said Authority, underRule 4 of the said Rules, by Shri Dev Dutt Sharma Advocatefor appointment as a Notary to practise in Tehsil Fajidpur,Distt. Bareilly (U.P.).

2. Any objection to the appointment of the said personas a Notary may be submitted in writing to th: undersv^nedwithin fourteen days of the publication of this notice.

[No. F. 5(42)/93-Judl.]


1834 THE GAZETTE OF INDIA: JUNE 19, 1993/JYAISTHA 29, 1915 |FM: II—SEC. 3(ii)]

NOTICE

New Dehli, the 12th May, 1993

S.O. 1326.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 19?6 thatapplication has been made to the saild Authority, underRule 4 of the said Rules, by Shri Shambhu Dayal Modi Advo-cate for appointment as a Notary to practise in Neem-Ka-Thana, Distt. Sikar (Rajasthan).

2. Any objection to the appointment of the said personas a Notary may be submitted in writing to the undersignedwilhin fourteen days of the publication of this notice.

[No. F. 5(38)/93-Judl.l


NOTICE

New Dehli, the 12th May, 1993

S.O 1327—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 19-'6 thatapplication has been made to the said Authority, underRule 4 of the said Rules, by Shri Yasbodhar Sharma Advocatefor appointment as a Notary to practise in Civil Court Aligarh(U.P.).

?,. Any objection to the appointment of the sard poisonas a Notary may be submitted in writing to the undersignedwithin fourteen days of the publication of this notice.

[No. F. 5(39)/93Judl.J


NOTICE

New Delhi., the 13th May, 1993

S.O. 1328.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956 thatapplication has teen made to the said Authority, underRule 4 of the said Rule;,, by Shri Ashok Yashwantrao KalAdvocate for appointment as n Notary to practise in Nasik(Maharashtra^

2. Any objection to the appointment of the said personas a Notary may be %bmitted in writing to the uridorsicredwithin fourteen days of the publication of this notice.

[No. F. 5(40)/93-Judl,]


MINISTRY OF PERSONNELPUB1JC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)


S.O. 1329.—In exercise of powers conferred by sub section(8) of Section 24 of the Code of Criminal Procedure, 1973(2 of 1974), the Central Government hereby appoints SbriS. C. Angrish, Advocate in lieu of Shri S. P. Tyagi, Advocate,Hs> Special Public Prosecutor for conducting prosecution 01the Delhi Special Police Establishment Regular Case No. M19S5 ClUCPj State vs. Kan Singh Bhatj and others, relatingto the murder of Rnja Man Singh Bhati and others, relating:(U.P.) on the 21st day of February, 1985, in the Court ofScss'on Judge, Additional Session Judge', Mathura (UttarPiadesh) and the appellate Courts at Allahabad.

[No. 225/8/93-AVD. II]

C. P. SINGH, Dy. Secy.

1835

ORDER


S.O. 1330.—In exercise of the powers conferred by Mjb-section (1) ot Section 5, read with Section 6 of the DelhiSpecial Police Establishment Act, 1946 (Act No. 25 of 1946),the Central Gt.vernment, with the consent of the Governmentof Gujarat, vide Government of Gujarat, Home DepartmentNotification No. GG/93/49/SBIl|TDA|1693|1918 dated19-4-1993 hereby extends the powers and jurisdiction of themembers of the Delhi Special Police Establishment to th«whole of the State of Gujarat, f"r investigation of the offencespunishable under sections 120-B IPC r.ead with section. 25Arms Act, Section 3, 4 and 5 of Terrorist and Disruptive Acti-vities (Prevention) Act, 1987 and any other osence(s),attempts, abetments and conspiracy in relation to or in corirnection with tre said offencc(s) committed in tho course ofthe same transaction or arAing out of the same facts in re-gard to the case U CR No. S8/92 registered at PS Vanihi,Distt, anaskantha (Oujarat) on 13-9-1992.

[No. 228/38/93-AVD. II]

A. C, SHARMA, Under Socy.

ORDER


S.O. 1331.—In exercise of the powers conferred by sub^section (H of Section 3, read with Section 6 of the DelhiSpecial Police Establishment Act, 1946 (Act No. 25 of 1946).the Central Government, with the consent of the GovernmentoL Ciujsru, viue Government of Gujarat, Home DepartmentNotification, No. CG/93/48/SBIIjTDA|1693!1918 dated19-4-1993, hereby extends the powers and jurisdiction of themembeis of the Delhi Special Police Establishment to thewhole of the State of Gujarat for investigation of the offence*punislnble under the sections 120-B IPC read with section 25Arms Act, Section 3 and 12 of Explosive Substances Act andSections 3, 4 and 5 of Terrorist and Disruptive Activities(Prevention; Act, 1987 and any other offence<s), attempts,tibetnic-nts anti conspiracy in relation to or in connection withthe said olfcncc(s) committed in the course of the sametransaction or arising out of the same facts in regard to thecase II CR. No. 144/92 registered as PS Siimi, Distt.Mehsana, (Gujarat) on 29th October, 1992.

[No, 228/38/93-AVD. IIJ

A, C. SHARMA, Under Secy.

1 836 THE GAZETTE OF INDIA: JUNE 19, 1993'JYAISTHA 29, 1915 \1>AVC II—SEC. 3(ii)]

ORDER

New Delhi, the 3rd June, 1993

S.O. 1332 :—In exercise of the powers con-ferred by sub-section (1) of Section 5 read withsection 6 of the Delhi Special Police Establish Act,1946 (Act No. 25 of 1946) the Central Government,with the consent of the State Government of AndhraPradesh accorded vide Home (SC-A) Deptt. G.O. Rt.No. 534, dated 29-2-1992 hereby extends the powersand jurisdiction of the members of the Delhi SpecialPolice Establishment to the whole of the State ofAndhra Pradesh for investigation of the offencespunishable under the provisions of relevant Actindicated below alleged to have been committed by thefollowing Central Government Undertaking employ-ees and private persons and registered by the CentralBureau of Investigation, Hyderabad :—

PE No. & Sees, of Law

1

PE No. 4(A)/90—Hyde-rabad under section120B, 420,467, 471,477-A, Indian PenalCode and 5(2)r/w,5(i)(d)of P.C.'Act,1947, and 13(2) r/w13(i)(d)of theP.C. Act,1988.

Name of the accused

2

1. Sri K- Srinivasan,Chief Manager, IndianBank, Hyderabad(Central Govt.Undertakingemployee).

2. Sri N.V. Watve,Industrial DevelopmentOfficer,Indian Bank,Himayatnagar,

1 2

Hyderabad (CentralGovt. Undertakingemployee).

3. Sri M.V. Rama Rao,Director M/s. GSPLand Partner of SriVenkateswara,Moulding Industries(Private Person).

4. Smt. M.S. Indira,Director M/s.Goldstona Synthetic(P) Ltd., (GSPL),Hyderabad and others(Private persons).

[No. 228/45/92(ii)-AVD. II]

PARAG PRAKASH, OSD(Vig.)

MINISTRY OF FINANCE

(Department of Revenue)

ORDER

New Dclh, the 24th May, 1993

STAMPS

S.O. 1333.--In exercise of the powers conferred by clause(b) of sub-sidion (1) section 9 of the Indian Stamp Act,1899 (2 of 18')9), the Central Government hereby permitsM/s. I.B.P. Ccimpany Limited, Calcutta to pay consolidatedstamp duly of rupees one crore, fifteen lakhs, ninety onethousand, eight hundred and forty nine only, chargeable onaccount of the ilamp duty on issue of 77,27,899—14% fullyconvertible debentures of Rs. 120 each bearing distinctivenumbers 1 to 77,27,899 in the form of debentures of the

1837

face value ot rupees 120 each of the aggregate value ofrupees ninety two crores, seventy three lakhs, forty seventhousnads, eight hundred and eighty only to be iSiueJ by

the said Company.

[No. 15/93-Stamps-F. No. 33/19/93-ST]

THAKUR DATT, Dy. Secy.

ORDER


STAMPS

S.O. 1334.—In exercise of the powers conferred by clause(a) of sub-section (1) of section 9 of the Indian Stamp Act,1899 (2 of 1899), the Central Government hereby remitsthe duty with which the bonds in the nature of promissorynotes—described aa l'12%—20 years National HousingBanks Bonds (fourth Series)" of the value of rupees eighty-eight cmres only to be issued by National Housing Bankare chargeable under the said Act.

[No. 17/93-Stamps-F. No. 33/13/92-ST]

ATMA RAM, Under Secy.

(Department of Economic Affairs)

(Banki^ Division)


S.O. 1335.—In exercise of the powers conferred by Sec-tion 53 of the Banking Regulation Act, 1949 (10 of 1949)the Central Government on the recommendation of the

Reserve Bank of India, hereby declares that the provisionsof sub-section (2) of Section 19 of the said Act uhall notapply to United Bank of lndiu, Calcutta for a period upto31st December, 1994 in respect of its holding allures ofM/s. Bengal Tools and Engineering Co. Pvt. Ltd., Calcuttaas pledgiee.

[No. 15/2/91-BOA (i)]

K. K, MANGAL, Under Secy.


S.O, 1336.—In exercise of ihc powers conferred by clause(e) of sub-section (1) of section 25 of the State Bank ofIndia (Subsidiary Banks) Act, 1959 (38 of 1959), the CentralGovernment hereby nominates Shri M. L, Kukreja, UnderSecretary, Ministry of Finance, Department of Economic

Affairs (Banking Division), New Delhi, us Director of State[F No. 9/41/91-B.O.-11

K. K, MANGAL, Under Secy.

New Delhi, he 28th May, 1993

S.O« 1337.—In pursuance of clause (a) of sub section (1)read with sub-section (4) of section 8 of the Rcssrv© Bankof India Act, 1934 (2 of 1934), the Central Government

hereby re-appoints Shri R. Janakiraman as Deputy Gover-nor of the Reserve Bank of Inda for the period commtneingon May 16, 1993 attending with August, 15, 1993 or tillthe appointment of his successor, whichever is earlier.

,[F. No. 20/10/90-B.O-I]

K. K. MANGAL, Under Secy.

1 8 3 8 T H E G A Z E T T H O F J N D I A : J U N E 1 9 , 1 9 9 3 / J Y ^ l S T H A ?.9, 19)5 [ I » A H I I I — S E C . 3 ( i i J ]

New Delhi, the 4th June, 1993

S.O. 1338.—In pursuance of sub clause (a) of clause 3read with sub-clause (1) of clause 5, clause 7 and sub-clause(1) of clause 8 of the Nationalised Banks {Management andMsicdlaneous Provisions) Scheme, 1970 the Central Gov-ernment, after consultation with the Reserve Bank of India,hereby appoints Shri A T. Pannir Selyam, presently ExecutiveDirector, Bank of India, as the Chairman and ManagingDirector of the Union Bank of India for a period of fiveyears commencing with the date of this taking charge.

[F. No. 9/27/92-B.O-n

K. K. MANGAL, Undu Secy.


S.O. 1339.—In pursuanc* of aub-clause (a) of clause 3read with sub-clause. (1) of clause 8 of the NationalisedBanks (Management and Miscellaneous Provisions) Scheme,1970, the Central Government after cosultation with theReserve Bank of Inda, hereby appoints Shri G. P. Jategaon-

kar, presently General Manager, Bank of India, as a whole-time Director (designated as the Executive Director) of thesame bank for a period commencing with the dale of histaking charge and ending with 31st August, 1994.

[F. No. 9/28/92-BO.I1

K. K. MANGAL, Under Secy.

(Department of Revenue)

Ofltee of the Principal Collector of Customs and CentralExcise

Hyderabad, the 15th May, 1993

No. 18/93-Customs (NT) (HZ)

S.O. 1340.—In exercise of the powers conferred by Noti-fication No. 16/90-Customs (NT) dated 6-4-1990 and No.34/90-Customs (NT) dated 18-6-1990 of the Government ofIndia, Ministry of Finance, Department of Revenue, NewDelhi, ''Lakshmipnr" village Sandur Taluk, BeJlaiy Distrctin the State of Karnataka is hereby declared to be a ware-housing station under Section 9 of the Customs Acl, 19(52(52 of 1962), for the Imfted purpose of setting up 100 pef

cent Export Oriented Undertakings, approved by the Gov-ernment of India, Ministry of Industry, Department of

Industrial Development Secretariat of Industrial Approvals,New Delhi.

[File No. VTII/4O/35/93-PC(HZ)]

J. RAMAKRISHNAN, Principal Collector

OFFICE OF THE PRINCIPAL COLT ECTOR OFCUSTOMS AND CENTRAL EXCISE

• Madras, the 23 rd May, 1993

[No. 20/93-Ctis.(NT) MZO]

S.O. 1341.—In exercise of the powers conferred by Noti-fication No. 34/90-Ctis. (NT) dated 18-6-1990 of the Gov-ernment of India, Ministry of Finance, Deartment of Reve-nue, New Delhi, 'Ambattur Industrial Ektatce' Ambattur,Saidapet Taluk, Madras in the Sraate of Tamilnadu, is here-by declared to be a warehousing station under Section, 9 ofthe Customs Act, 1962 <52 of 1962) for the purpose of

1839

selling np of 100 per cent Export oriented unites, approved bythe Government of India, Ministry of Industry, SecretmiatIm.limvii.il Approvals, New Delhi.

[C. No. V1II/4H/36/93-MZO]

J. RAMAKRISHNAN, Principal Collector

CEMTRAL EXCISE COLLECTORATE

NOTIFICATION NO. 02/1993

Nagpur, 24th May, 1993

S.O.I 342:—The following Superintendents,Central Excise Group B1 of Nagpur Collectorate

have retired voluntarily from Government Serviceon the dates shown against their names :—

Sr.

No.

1.2.

Name of the Officer

-D.W . Dc->]tLjandcShri D.L. Wasiiik

Date of Retirement

:u )-!-;')'.>:> A . d.05-05-1993 F.N.

[F. No. U(3)/7/91/Estt. I/Pt. 1/11568]

HAR.T1NDER SINGH, Dy. Collector (Per.and Vig.)

MINISTRY OF MINES


S.O. 1343.—In exercise of the powers conferred by sub-jection (1) of section 9 of the Goa, Danian and Diu MiningConcessions (Abolition and Declaration us Mining Leases)Act, 1987 (16 of 1987), the Central Government hereby ap-points Director of Industries and Mines, Government ofGoa, as the Commissioner of Payments until further orders.

[F. No. 18/1/93-M.VI]

D1VAKAR DE^, Jt. Secy,

1268 GI/93—2

1840 T H E G A Z E T T E OF 1NDJA : J U N E 19, J993 , J VALS'IHA 2V, [915 [IJMU J l—Sue . 3 ( i i J ]

1842 THE GAZETTE OF INDIA : JUNE 19, 199.VJYAISTHA 29, J915 |"PAI<T II—SEC. 3(ii)]

1843

MINISTRY OF COAL

Now Delhi, tho 1st Jane, 1993

S. O. 1344 :—Whereas by the notification of the Government of India in the Ministry of Coalnumber S,O. 90, dated, ihe 24th December, 1991, issued under sub-section (I) of section 7 of the Coal BearingAreas (Acquisition and Development) Art, 1957 (20 of 1957) (hereinafter referred to as the said Act) andpublished in Part TI, Section 3, Sub-Section (ii) of the Gazette of India, dated tho 11th January, 1992, read withnotification number S.O. 181, dated 17th December, 1992, published in Part 1J, Section 3, Sub-Soction (ii) ofthe Gazette of India, dated tho 30th January, 1993 at pages 235-236, tho Central Government gave notice ofits intention to acquire the mining rights in the lands measuring 1831.40 acres (approximately) or 741.16hectares (approximately) in tho locality specified in the Schedule appended to that notification;

And whereas the competent authority, in pursuance of section 8 of the said Act, has made his report tothe Central Government;

And whereas the Central Government, aftor considering tho report aforesaid and after consulting theGovernment of Madhya Pradesh, is satisfied that the mining rights' in the land measuring 1806.070 acres(approximately) or 731.160 hectares (approximately) described in the Schedule appended hereto should be acquired.

Now, therefore, in exercise of the powers confejred by sub-section (1) of section 9 of the said Act, theCentral Government hereby declares th;<t tho mining rights in tho lands measuring 1806.70 acres (approxi-mately) or 731 .160 hectares (approximately) described in the said Schedule appondod hereto, are heretyacquired.

Tho plan bearing number SECL/BSP/GM (Planning)/Land/IO4 dated the 24th April, 1992 of the areacovered by this notification may be inspected in the Offlce of the Collector, Raigarh (Madhya Pradesh) or intho Office of the COHI Controller, 1, Council House Street, Calcutta or in the Office of the South EasternCoalfields Limited (Revenue Section), Seopat Road, Bilaspur—495001 (Madhya Pradesh).

1844 THE GAZETTE OF .INDIA: JUNE 19, 1993/.1YA5STHA 29, 1915 [P.\m IT—SEC. 3(ii)]

SCHEDULE

CHHAL BLOCK

MAND RAIGARH COALFIELD

DISTRICT—RAIGARH (MADHYA PRADESH)MINING RIGHTS

Sl.No

1.2.3.4.5.6.

—

Village

ChhalLatC-handvasokharpurKhodapaliBandhapaliNavapara

PatvvanHalkanumbur

303031303131

Total

Tahsil

DharamjaygarhDharamjaygarhDharam j aygarhDharamjaygarhDharamjaygarhDharamjaygarh

District

RaigarhRaigarhRaigarhRaigarhRaigarhRaigarh

Area inhectares

9.280483.530043.850047.310125.890021.300

Remarks

PartPartPartPartPartPart

731.160 hectares(approximately)

or1806.70 acres

(approximately)

1. Plot numbers acquired in village Chhal (Part)

1372 (part), L408(part), 1416.1378(part), 141 l(part),1379(part), 1413(part).1380 to 1386, 1414,1387(part), 1415> &

2. Plot numbers acquired in village Lat (Part).2 to ^7 205(part), 351/4, 471/1,, R / , " ' 206 to 211, 351/5, 471/2,f':: 212(part), 351/6, 471/3,™J,V 218/l(part). 352, 471/4,;JIA' 218/2, 353, 472 to 482,fj' 218/3, 354(part), 483/1,:!£• 218/4, 355(part), 483/2,2iJb' 219 to 232, 356 to 362, 484 to 580,?!7 n 9 233/1, 363/l(part), 581/1,Zn 233/2, 363/2, 581/2,1 4 0 '• 233/3 363/3(part), 582 to 664,1402, 2 3 3 / 4 > 364(part), 665/1,]*®.' 234 to 279, 365(part). 665/2,}fl*' , 7 6 280(part), 384(part), 666 to 851,\ni(l«) MKpart), ^SSCpart), 852/1,111 na ' 282(Sart), 389 to 890, 852/2,7 n ' ^Cpart). 391(part), 853 to 871,

\l*pttA)t 288(Part), 392 to 395. 872/1,*?' 291(part), 396(part), 872/2,

!«;;n . i r t > 343(part), 397(part). 872/3,\HZ ' 3*HP^). 398(Part), 873 to 885,« S a ) 345 to 350, 399(part), 887 to 904

184(part), 9 0 5 ^ l t

3SI/1 400 to 415, 905/2,m p M t L 35 ' ' 41«part), 906 to 1010,195 to 203. 3 5 . , 417 to 418. and204(part), ~^l" 419(part), P115(part).

1845

3. Plot numbers acquired in village Chandrasekharpur (Part) :->

2/395,3 to 10,H/l,U/2,12/1,12/2,13,H/1,14/2,15 to 26,

27,27/430,28 to 52,52/396,53,54(part),55(part),56(part),57(part),58 to 70,71/2(part),

72/2(part),97(pait).98/1 (part).98/2,99/1,99/2,100(part),101,102/(1 (part).102/2(part),103(part),

104 to 105,106(part),107(patt),113(part).146(part),147,148(part).149(part),and267/(l(part),

4. Plot numbers .cqirnd in village Khtdapali (Part) :

1.

3,4/J,4/2,4/3,4/4,4/5,4/6,5/1,5/2(pi rt),

5/4(part),5/134,6,7/U7/2(part),11/1,11/2,13,85/1.S5/2,

86/1,86/2,87/1,87/2,S8/1,*9,90,91/1,91/2,92,93/1,

104/1.105/1,105/2, and1 /2(part),

!3/2(pait),8O/2(piirt),»4/2(Pl.it),84/?(parl),85/3(paitj,85/4(part),87/3(part),(numbers are part ofRoad).

5. PJot numbers laquivi in village Br.r.dlmpali (P;:rt) ;

64<p£irt'i,70(piirt),71,7;(p.".rt\73(part),l l S ( p a i t ) ,

120(part),122/1 (part).122/3(part),123(pavt),124(psit),174(pait),175(part),I77(parn,]78(nart),

179(pnrtl,183(pur1),!!Uto J 94,195/1,195/2,195/3,195/4,196 to Ml ,l'C(part),243(purt)5

247(purl),248 tu 257,258(part),263(py.rt).?64(p;ut),

?65(pzTi),? 66(parl),^67 to 276,.'77(part\3O4(pait),3O5(pavt),3O6(part),3O9(pait\310(pait\311 tu 329,330/1,330/2,330/3,330/4,331 to 334,

335/1,335/2,336 to 376,377/1,377/2,377/3,377/4,378 to 385,386/1,386/2,387,;.88/i,388/2,389 UJ 409 ;\i.d

•liO(pni-i),

6. Plot numbers acquired in village Nt'/vipara (Pait) ;

278/2(part),458(pait),459 to 462,463(pail),4M,465,

J66/I,466/?,466/3,46-5/1,466/5,•166/6,

466/7,467 to 478,479 (parU,484(part),4R5(part),486(part), and

4?-7 lo 493.

1846 THIi GAZEITE OF INDIA: JUNE 19, 1993AIYA1STHA. 29, 1915 [PABT I I — S E C . 3(.ii)]

BOUNDARY DESCRIPTION :

A—B

B—C

C—Cl— D

D—E—El—F

F—G—H—I—J— K—L

L—M

M—N

N—Nl— N2

N2—O—P—P1 —P2 —Q

Q-A

Line starts from the point 'A' in village Ls.t mid passes thio ugh plot numbers 177,178, 179, 182, 183, 194,204,205,212, 218/1,281, 280, }8.:, 287, 288,291, 344, 343,354, 355, 363/1, 363/3, 365, 364, 4]9, 416, 398, 399, 397, 396, 384, 391, 3K8 andproceeds in vllage Chini and passes through plot iuimLvrs 1378, 1379, 137?, 1382,1387, 1408, 1411, 1413 find insets at poiV *B\

Li"e passes in village Bai'dhapah through plot numbes 310, 309, 306, 305, 304, 277,266, 265, 264, 263, 258, 247, 243, 242, 64, 70, 72, 73, 1 IS, 120, l. '2/l, 122/3, 122/1,123, 124, 174, 175, 177, 179, 183 northern boundary of plot number 186, easternboundary of plot number 187 and meets at point 'C'.

Line passes in village Nava para, through plot numbers 463, 278/2, 458 thai easternboundary of plot numbers 460, 493, 492, 491, 490, 489, 488, 487, 486 tmd inlets atpoint 'D'.

Line passes in village Navapara and passes thio ugh plot numbers 486, 4.85, 484, 479,and enter in village Uandhapaliand passes through plot number 410, eastern boun-dary of plot number 409, and passes partly along the common boundary of villa.geBandhp^pali-Khedfipali and meets at point 'F'.

Line passes in village Khedapali through plot numbers 5/2, 5/4, 7/2, then southernboundary of plot number 7/1 and along eastern boundary of plot numbers 11/1,11/2,13 then along the eastern boundary of Stute Highway Ruad and meets at point'L\

Line passes through the State Highway Road and meets at point *M'.

Line passes along the Western boundary of Slate Highway Roadand meets at pcint'N'.

Line passes in village Lat through plot number PI 115 find enter in village Chard'T.-sekharpur through plot number 267/1 and meets at the western boundary of St;.teHighway Road ?t point LN2\

Line passes in villag* Chandrasekharpur through plot numbers 267/1, 148, 149,146,then along thj western boundary of Dlot number 146 aivl through plot nuinbeis107, 106, 107, 106, then along the southern bounduiy ofplot number". 106, 105, theneastern boundaryc f plot numb;, s 103,113theu through plot numbers 113, 103,102/2,102/1, 97, 100, 98/1, 72/2, 71/2, 57, 56, 54, 55 and mcpt- at point 'Q\

Lin, passes along the caster-i bark of River Mandand meets a" the starting point 'A'.

[No. 43015/19/89—LSW]

B.B. RAO, Under Seey.

J846 THE GAZETTE Qf_ 1UDTA ; JU??r ^ . 1993/JYAISTHA 29, 1915 fPAur II—SEC. 3Cii)1

New Delhi, the 3rd June. 1993

S.O. 1345 :—Whereas by the notification ofthe Government of India in the then Ministry ofEnergy, Department of Coal, number S.O. 1767dated the 31st May, 1991 under sub-section (1) ofsection 4 of the Coal Bearing Areas (Acquisition andDevelopment) Act 1957 (20 of 1957) (hereinafterreferred to as the said Act) and published in theGazette of India in Part-II, Section 3, Sub-Section (ii)dated the 22nd June, 1991, the Central Governmentgave notice of its intention to prospect for coal in581.50 hectares (approximately) or 1436.88 acres(approximately) of tho Kinds in locality specified inthe Schedule annexed to that notification;

And whereas the Central Government is satisfiedthat coal is obtainable in a part of the said lands

described in the Schedule appended to this notification;

therefore, in exercise of the powers con-ferred Vy cub-section (1) of section 7 of the said

Act, the Central Government hereby gives notice ofits intention to acquire the rights to mine, quarry,bore, dig and search for win, work and carry awayminerals in the lands measuring 333.161 hectares(approximately) "or 823.24 acres (approximately)described in the Schedule appended hereto.

Note 1: The plans bearing numb;r SECL/BSP/GM (Planning)/Land/116 dated the 22nd September,1992 of the area covered by this notification may beinspected in the office of the Collector, Sahdol(Madhya Pradesh) or in the office of the CoalController, 1 Council House Street, Calcutta, or inthe office of the South Eastern Coalfields Limited(Revenue Section) Seepat Road, Bilaspur-495001(Madhya Pradesh).

Note 2. Attention is hereby invited to the provisionsof section 8 of the aforesaid Act, which provides asfollows :—Objection to acquisition :

8;(1) Any person interested in any land in respectof which a notification under section 7 has been

'849

issued may, within thirty days of the issue of thonotification, object to the acquisition of the wholeor any part of the land or of any rights in or oversuch land.

Explanation:

It shall not be an objection within, the meaning ofthis section for any person to say that he himselfdesires to undertake mining operations in the landfor the production of coal and that Mich op;rationsshould not be undertaken by the Central Governmentor by any other person.

(2) Every objectionfunder sub-section (1) shall bemade to the competent authority in writing and thocompetent authority shall give the objector an oppor-tunity of being heard either in person or by a legalpractitioner and shall, after hearing all such objectionsand after making such further enquiiy, if any, as hethinks necessary, either make a report in respect ofthe land which has been notified under sub-section

(1) of section 7 or of rights in or over such land,or make different reports in rospect of differentparcels of such land or of rights ia o: over sudhland, to the Central Government, containing hisrecommendations on the objections, together withthe record of the proceedings held by him, for thedecision of that Government.

(3) For the purpose of this soction, a person shallbe deemed to be interested in land who would beentitled to claim an interest in compensation if theland or any rights ia or over such land were acquiredunder this Act."

Note 3: The Coal Controller, 1, Council HouseStroot, Calcutta has besn appointed by the CentralGovernment as the compjtont authority undorsection 3 of the said Act, vide notification numberS.O. 905, dated the 20th March, 1987, published in thoGazetted of India, dated the 4th April, 1987 at page*1397 to 1400.

SCHEDULE

EXTENSION BLOCK 'B'

JAMUNA-KOTMA AREA

DISTRICT-SHAHDOL (MADHYA PRADtSH)

MINING RIGHTS (Showing intention to acquire lands)

Sl. Name ofNo. Village

1. Daikhal2. Bankatola3. Dhankutta

Total

SettlementNumber

463701489

Tahsil

AnuppurAnuppurAnuppur

District

ShahdolShahdolShahdol

Area in Remarkshectares

176.244 Part105.086 Part051.831 Part

333.161 hectares(approximately)

OR823.24 acres(approximately)

1. Plot numbers to be acquired in village Daikhal (Part) :-—38{.part), 83(part), 117(part), 141(part),47(part), 84(part), 119(part), 142(part), 58(part), 85 to 104, 12'Xp.uU 143{.pari), 59 to 64, 105(part), 129(part129(part), 144, 65( art), 106(part), '• 30 to 133, 145(part), 66(part), 107 to 110, 134(part), 146 to 152, 67 to 71,111, 135(part), 153(part), 72(part), 122(part), 136(part), 154(part), 73 to 78, 113, 137(part), I56(part), 79(part), 114(part), 138, 164(part), 80, 115( art), 139, 175( art), 81 (part), 116(part), HOQpart), 176, 177(part)36:(part), 612(part), 704(part), 178 to 184, 364(part), 613, 705, 185( art), 365, 614(part), 76 (part), 197(part),386(part), 615(part), 707, 198 (part), 387(part), 623(part), 708(part), 199 (part), 388 to 528, 624, 709 (part),20O(part), 529(part), 625(part), 710(part), 201 to 225, 530, 626(part), 934(part), 226(part), 531 (part), 672(pan),936(part), 227 to 275, 534(part), 638(part), 937 (part), 315(part), 535 (part), 647(parf), 938(pa;t), 27V(partX536, 648(part), 939(parf), 316(part), 537, 649(part), 940 to 943, 317, 538(part), 650(part), 944, 318, 549(part651 to 667, 945(part), 319(part), 608(part), 668(part), 946(part), 320(part), 609(part), 669 to 679, y4S(pan)321 (part), 610, 680 (part), 361 (part), 611 (part), 698 (part).

2. Plot numbers to be acquired in village, Bankatola (Part):—41 (part), 73(part), 82(part), 187(part), 193,63(iwr0, 75(pai't), 83 to 86, 188(part), 194, 64(part), 76(part), 87(part), 189(part), 195(part), 65(part), 79(part)92 to 180, 190, 196(part), 66(part), 80(part), 181(part), 191, 203(part), 67 to 72, 81(part), 183(part), 192(parf)205 (part),

1850 THE GAZETTE OF INDIA: JUHE 19, 1993/JYAfSTHA. 29,. 3 915 [TAP? II—SEC. 3(jij]

3.. fclot numbers to he acquired in village Dhankutta (Part ):—36{part), 47, 7D(part),. 1V9 to 122, 37;48(part). 17(part), 123<part), 38(patt), 49 to 62,. 103(part), 124(part), 44(part), 63(part), 1l7(part), T27(part), 46",64(part), 118 (part).

Boundary description :

A—B—Bl— B2fi

B2—C

C-JD—D I

Dl—D2-E

E—El—F

F - A

Line starts from point 'A' in village Daikhal and passes through plot numbers647, 648, 649, 650, 680, 698, 704. 705, 708, 609, 668, 710, 668, 226, 199, 200, 198,197, 198, 164, 105, 106, 112, 114, 115, 116, 141, 140, 136 then the line turnstowards south direction and passes through plot numbers 136, 143, 142, 145,154, 156, 153, 156, 175. 177, 185, 934, 936 and meets at point "B2".

Line passes in village Daikhal and passes through plot numbers 93.6, 937, 938,937, 939, 945, 946, 948, then proceeds in village Bankatola and passes throughplot numbers 181, 183, 187, 189,188, 192, 196, 195, 203t.205 then enter in villageDhankutta and passes through plat numbers 127, 123, 124, 117, 118, 117, 103 andmeeta at point 'C'.

Line passes in village Dhankutla and passes through plot numbers 103, 117, 71, TO,63, 64, 36, then partly along the Northern boundary Of plot number 36, then;through plot numbers 38, 48, 44 arid meets at point "01'.

Line passes partly along the common boundary of villages Dhankutta and Bankatolathen proceeds in village Bankatola along the northern boundary of plotnumber93, Western houndary of plot numhers.92, 87, then through plot number 41 andmeets at point *E'.

Line passes in village Bankatola through plot, numbers 41, 87, 41, 87, 41, 87, 79,80, 81, 82, 76, 75, 73, 66, 65, 63, 64, then proceeds in village Daikhalthrough plot numbers 129, 134, 120, 135, 119, 137, 117, 116,, 38, 83, 84* 83, 8i79, 47» 72, 66, 65t 5%, 279, 315, then northern boundary of plot number 27-5 thenthrough plot numbers 315, 316, 315, 319, 320, 321, 361 and meets at point ' F .

Line passes in village Daikhal through plot numbers 361, 362, 364, 386, 387, 386,529, 531, 534, 535, 540, 538, 608, 609, 611, 6.12, 614, 615, 623, 625, 626,' 627-638, 648, 647 and meets at the starting point 'A'.

[No. 43015/2/91-£SW)

B.B. RAO, Under Secy.

'852 THE GAZETTE OF INDIA : JUNE 19, 1993/JYAISTHA 29, 1915 U'AUT It—SEC. 3(ii)]

1*54 THE GA2ETrL.QF:JN£ttA: JUNE.L9, Ji^J/fYMSTHA 29, 1915 [PART II—SEC. .3 Cii)J

: SH! 19, 9, 191ft 1855

( I ) (2) ( 4 )

63 . 8 0 0 1 0 4 2

70 9000449

71;.

9 2 - 1 1 - 0 1 iWfV f*T?T t f c r t TTTftTft f ? . ,

ff-9 0 ffT lfS". TTpCTT, T^f

ft^^ft-1100 5 2

fit. 800114.1 92-11-01

fi5- 80U1244 92-11-01

66. 8001345 92-11-01

67. 9000146 92-10-01

68- 9000247 92-10-01

•dtfl'H'H,

ftMt-110033

16/3 ^ W ^ -1

TT.

157002

<Tt. l TW T'. 17,

146001

69. 9000348 92-10-01 ft *jOWTT

ftr,

141004

92-10-01 ft WJTOT flff^TC

fir.,

71. 0OOO5 5O 9 2-11V-O1 ft

72. 9000651

"TTS, "ft. STTW ^f. 5

143521

92-10-01 ft rf

PT. ,

151001

73. t'000752 92-10-01 ft ^

74. 90008S3 02-10-01 ft

ftr.,9,

: M8001

92-10-16

aft,ir. rft, ^m144008

rr

( 5 )

TF"

TO

( 6 )

IIS: 01325: as

IS: OOSBO : 7 8

IS:05410:99

IS

IS:Tflrr

: 00398

*ftt : 2

13334 :

T 01

1 3 3 3 4 :

: 01

: 76

9 2

9 2

IS: 1.1334: 92

WHT: 01

IS: 13334: 92

WT: 01

IS : 13334 : 92

W: : 0 1

IS: 13334: 92

WT: 01

IS: 13334: 92

*rrr : 01

IS : 13334: 92

*TTT : 01

IS: 11995: 87

1268 GI/93—4

1856 THE GAZETTE OF INDIA: JUNE 19, 1993/JYA1STHA 29, 1915 LPAKT II—SEC. 3(ii)]

1857

MINISTRY Oi CIVIL SUPPLIES, CONSUMER AFFAIRS & PUBLIC DISTRIBUTIONBUREAU OF IN WAN STANDARDS

New Delhi, the ?Mh May, 1993 .

S.O.1346 In pursuance of sub-regulation (5) of [he Bureau of Indian Standards (certification) Regulations,1988, the Bureau of Indian Standards, hereby notifies the grant of licences particulars of which are given in the following schedule.

Sl. CM/L-No.No.

1

1. 2411637

2. 2411738

3. 24U839

4. 2411940

5. 2412033

6 2412134

7. £412235

8. J412336

9. 2412437

10, 412538

11 2412639

12. 2412740

13. 2412841

Operative Date

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

SCHEDULE

Name & Address of the Party

3

Konark Jute Ltd.,DhanmandalCuttack-754024

United Pesticides,13/477, Naya ParaRaipur (MP) 492001

The Miscrear Co-Op. SpinningMills Ltd.,Thoppur (PO),Thirunagar,Madurai-625006

Maruti Rubber Ud>og,B-69, Sector V,NOIDA,Distt. Ghaziabad-201301

Kohinoor Industries,453, Gall Mata Wall,Teliwata,Delhi-110006

Seven Star Plastic Tnds,,1510/107, Tri Nagar,Delhi-110035

Norma Steel & AJloys Ltd.,F-4, Udyog Nagar.Delhi-110041

Bhushan Brothe s Pvt. Ltd.,124, Nirarvjanpur,Dehradun-248001

Arora Tin Industries,617, Bforakh Road,Chhapraula,Distt. Ghaziabad

Ill-Power Engineering Works,Plot No. 167-168,Shed No. C 1/15,

Near Santtam GearGIDC Estate,Vithal Udyog Nagar,Tal-Anand (Gujarat) 388121

Kitply Inds. Ltd.,Tjnsukia UDit,Rungagora,Tinsukia <A9sam") 786125

South India Wire Ropes Ltd.,Edathala PC),AIwayc-683561

Aay Kay Industries,Vill Rabon-Saproon,Distt. Solan (HP) 173211

Article/Process cohered hy thelicence

4

A-Twil Jute bap

BHC (HCH1 6.5% (tn/m) Gammaisomer WDPC

Cotton and cot ion TCP blendedGrey Yarn

Rubber hose for welding

Three pin plugs, 6A and 16A 240V

Three pin socket-outlets 6A, 250V,Flush type.

HSD steel bars of grade Fe 415and Fe 500 sizes 8 to 16 MM

Portland pozzolana cement calcinedclay based

15 Kg Square tins for Vanaspatiaud edible oils

Monoset puuips for agriculturalpurpose*

Blockboards, grade 1 type 2 (xcom)

Wire ropes and strands fur sus-pension bridges

Galvanized steel barbed wire typeB, size designation 3

FS : No./Part

5

JS 01943 : 64

IS 00562 : 78

IS 00171 :85

IS 00447 : 88

JS 01293 : 88

IS 01293 : 88

IS 01786 :85

IS 01489 : 91Part : 02

IS 10325 : 85

IS 09079 : 85

IS 01659 :90

IS 09282 : 79

IS 00278 : 78

1858 THE GAZETTE OF INDIA: JUNE 19, 1993/JYAISTHA 29, 1915 [PART II—SEC. 3(ii)]

1

14. 2412942

15. 2413035

16. 2413136

17. 2413237

18. 2413338

19. 2413439

20. 2413540

21. 2413641

22. 2413742

23. 2413843

24. 2413944

25. 2414037

26. 2414138

27. 2414239

2

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1792-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-16

1992-10-16

1992-10-16

1992-10-16

1992-10-16

1992-10-16

3

Swadeshi Metals Pvt. Ltd.,64, Indl. Area, Phase UChandigarh

Crystal Pipes & Ceramics PvtLtd.,

Village Gholu MajraDera Bassi,Distt. Patiala (Punjab)

Kirit and Co.,Bapu Nagar,Jilla Garden Road,Rajkot.

Rotomould (India) Pvt. Ltd,,Vijay Indl. Estate,Padra Road,Samiala,Baroda (Gujarat) 3971410

Vikram Cements Pvt. Ltd.,14/116-D, Civil Lines,Kanpur 208001

Kamala Valves Mfg. Concern,31/2, ' V Road,Belgachia,Howrah 711108

Rolex Engineering Industries,100/H/24, Dilkhusa Street,Calcutta 700017

Electronics Corpn, of India Ltd.Consumer Electronic Group,ECIL Post Office,Hyderabad 500762

Lami Fab & Papers Pvt. Ltd.,A-14/2, MIDC Area,Chikalthana,Aurangabad-431210

Polyoleflns Inds. Ltd.,Mafatlal Centre,Nariman Point,Bombay 400021

Doc Cce Electricals Pvt. Ltd.,Plot No. 22Betma Sagore Road,Sector 3,Pithampur,Distt. Dhar (MP)

Mirza PCC Sleepers & AlliedInds. Pvt. Ltd.,A-75, Indl. Area,Sikandrabad,Distt. Bulandshahr 203205

Allied ElectricalsK-90, Udyog Nagar Indl. Area,Rohtak Road,Delhi-110041

AJankar Cable Industries,Khasra No. 291Gali No. 2,Shalimar Bagh Indl. Area,DeIhi-110052

4

Aluminium Alloy stranded con-ductors (Alluminium-Magnc-sium Silicon Type) for over-head Transmission purposes

Salt glazed stoneware pipes, 100to 250 mm straight Grade A

Monoset pu mps for agriculturalpurposes for KCM 8 (75 x 65mmsize)

Rotational moulded polyethylenewater storage tanks

Portland slag Cement

Horizontally cast iron doubleflanged pipes for water, gas &sewage of sizes 200 mm uptoand including 350 mm dn

Moulded solid rubber soles andheels.

Colour transmission receivers,'Model Spectra Jewelt-2075'

Tarpaulins made from high densitypolyethylene woven fabric.

High Density Polyethylene mate-rials for moulding and extrusion

Mild steel wire for general engi-neering purposes, annealedgalvanized.

Precast concrete pipes

Air-Break switches and fuse com-bination units with rcwireablefuses

PVC Insulated (Heavy Duty) Elec-tric cables for working voltagesupto & Including 1100V,armoured and unarmoured withaluminium conductors.

5

IS 1)0398 : 79Part : 04

IS 00651 : 80

IS 09079 : 89

IS 12701:89

IS 00455:89

IS 07181 : 86

IS 05676 : 87

IS 10622 : 83

IS 07903 : 84

TS 073:8 : 74

IS 00280 : 78

IS 00458 : 88

IS 04064 : 78

Part : 01

IS 01554 :88Part : 01

1859

1

28. 2414340

29. 2414441

30. 2414542

31. 5000126

3;. 6000131

33. 6000232

34. 6000333

35. 6000434

36. 6000535

37. 6000636

98. 6000737

39. 6000838

40. 6000939

2

1992-11-01

1992-11-01

1992-11-01

1992-11-10

1992-10-16

1992-10-16

1992-11-01

19^2-11-01

1992-11-01

199240-01

1992-10-01

1992-11-01

1992-11-01

3

Sparkle Products Pvt. Ltd.,258, Aali Village ,Badarpur,Mathura Road,New Delhi-110044

Tho Mysore Lamp Works Ltd.,Old Tumkur Road,Malleswaram West,PB Mo. 5551Bangalore 560055

Kitply Inds. Ltd,, (TinsukiaUnit),

Rungagora Road,Tlnsukia (Assam) 786125

Evergreen Electrical WorksSubharara PO Gabberia,Hovvrah (WB)

Juloori Chemicals & MineralsPvt. Ltd.,

C5-C9. Indl. Estate,ShivarcddypetVikarabad,

Disstt. Rangarcddy (AP) 501101

Vasudeva Cements Ltd.,Satyapur,Choutapally VillageMattampull Mandai,Nalgonda Distt. 508204

Chith Chemicals1/6, Trunk Road.Nazareth petPoonamalleeMadras 602103

Vaigai Agro Chemicals73/2, Puthur Ittery Road,Neth MeduSalem (TN) 636002

The Ayyan Match Works,167-B, Sulakkara Village,Aruppukottai TalukKamarajar Distt.

The Chittoor Distt. Co-Op.Milk Producers Union Ltd.Milk Products Factory,Chittoor (AP) 517002

Sangam DairyThe Guntur Distt. Milk Produ-cer Co-op. Union Ltd.,Vadlamudi,Vadlamudi (AP)

Krisch CastingsC-184, Peenya Indl. Estate,Second StageBangalore 560058

Madras Cable IndustriesSP 113, Indl. Estate,AmbatturMadras 600058

4

Ethylene glycon antifreeze, type Aonly.

High pressure sodium vapourLamps, 400W, sun type only

Plywood for concrete shutteringwork

Elabtomctcr insulates for generalservice and elastomer sheathed(Heavy Duty) for general serviceflexible cables.

Bleaching earths of Indian originused for bleaching veg. oils.

5

IS 05759 : 70

IS 09974 : 81Part : 01

IS 04990 : 81

IS 09968 : 88Part : 01

IS 09165 : 72

Ordinary Portland cement 33 grade IS 00269 : 89

Monocrotophos 36%

BHC WDP 50%

Safety Matches in boxes

Skim Milk Pj^isr

Skim Milk Powder

Polyethylene pipes for irrigationlaterals

IS 08074 : 90

IS 00562 : 78

IS 02653 :

IS 13334 : 92Part : 01

IS 13334 : 92Part : 01

IS 12786 : 89

PVC insulated cables for working IS 00694 : 90voltages upto and includins1100 V

1860 THF GAZETTE OF INDIA: JUNE 19, 1993/JYAISTHA 29, 1915 [PART II—SEC. 3CIO 1

1

41. 7000136

42. 7000237

43. 7000338

44. 7000439

45. 7000540

46. 7000641

47. 7000742

48. 7000843

49. 7000944

50. 7001037

51. 7001138

S2. 7001239

53. 7001340

2

1992-10-01

1972-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-16

1992-10-16

1992-10-16

1992-10-16

3

New Chemi Industries Ltd.,Chakravarti Ashok Cross Road-Ashok Nagar,Kandlvli East,Bombay 400101

Apar Ltd.,Lighting DivisionLimbasi,Taluha Natar,Distt. Khcda (Guj.)

Sandox (India) Ltd.,C/o M/s Pesthil Pesticides IndsPlot No. 236GIDCPanoll 374115

Sandox (India) Ltd.C/o M/s Pesthil Pesticides Inds,Plot No. 236GIDC,Panoli 394115

Sabarkantka Distt. Co-Op.Milk Producers Union Ltd.,Sabar Dairy,PO Box No. 21Himatnasar 383001

Kaira Distt. Co-Op. MilkProducers Union Ltd.Anand,Anand (Guj.) 388001

Junagadh Dairy (Unit of Guj.Dairy Dcv Corpn, Ltd).,Jaffar Maidan,Junagadh 362001

Mehsana Distt. Co-Op MilkProducers Union Ltd.,Sudhsagar Dairy,State HighwayMehsana 384002

Banaskantlia Distt. Co-Op.Milk Producers Union Ltd.,PO Box No. 20Palanpur 385001

Jetweld Pechnology (India)Pvt. Ltd,,

238, 239, GIDC,VaghodiaVadodara Distt. 391760

Jalgaon Jilha Sahakari DudhUtpadak Sangli Ltd.,Post Box No, 32Jalgaon 425001

Shreewarana Sahakari DudhUtpadak Prakriya Sangli Ltd,,A mrutnagar,Post WaranagarKolhapur Distt. 416113

Kolhapur Zilha Sahkari dudhUtpadak Sangh Ltd.,B-l, MIDC Gokul ShirgaonShirgaonTaluka : KarvirKolhapur Distt. 416003

4

Chlorpyrifos EC1

Tubular fluorescent lamps forGeneral lighting service

Quinalphos EC

Copper Oxychloride WDPC

Skim Milk Powder

Skiin Mi!<t Powdjr

Skim Milk Powder

Skim Milk Powder

Skim Milk Powder

Covered electrodes for metal arcwelding

Skim Milk Powifcr

Skim Milk Powder

Skim Milk Powder

5

IS 08944 : 78

IS 02418 : 77

IS 08028 : 87

IS 01507 : 77

IS 13334 : 72

(S 13J34 • 92Part : 01

IS 13334 :92Part : 01

IS 13334 : 92Part ; 01

IS 13334 ; 9:Part : 01

IS 00S14 : 74Part : 01

ISI3334 : 92Part t 01

IS 13334 : 92Part : 01

IS 13334 : 92Part : 01

1861

1

54. 8000141

55. 8000242

56. 8000343

57. 8000444

38. 8000545

59. 8000646

fiO. 8000747

61 8000848

62. 8000949

63. 8001042

64. 8001143

65. 8001244

66. S0O1345

67. 9000146

2

1992-10-01

1992-10-16

1992-10-16

1992-10-16

1992-10-16

1992-11-01

1992-11-01

1992-10-16

1992-11-01

1992-11-01

1992-11-01

1992-11-01

1992-11-01

1992-10-01

3

Pratap Steel Rolling Mills(1935) Ltd.,601. Sector mPithampur (MP) 454774

M.R. Lamp Inds.,1-15, Indl. Estate,Hastinapur (UP)

Batar Chemfert (Pvt) Ltd.Village & PO BccraKhcdi Gangoh Road,Distt, Saharanpur 247340

Satish Steel Re-Rolling Mills,520 A, G.T, Road,ShahdaraDelhl-110032

United EngineersF-114, Indl. Area,SelalkuiDehradun

Gwalior Co-Op. Milk Produ-cers Union Ltd.,

New Dairy PlantIndl. AreaBanmoreMorena 476444

R.K. Enterprises131/A/16, Onkar Nagar,'B1 Tri NagarDelhi 110035

Tata Chemicals Ltd.,Plot No. 201,Sector I,Indl. Area,Pithampur,Distt. Dhar (MP)

Phulcra Cement Pvt. Ltd.26—28, RHCO Indl, AreaPhuleraDistt. Jaipur 303338

Lakshmi Milk Testing Machine-ry Co.,A-90, Group Indl. AreaWazirpurDelhl-110052

Bansal fndustries42, Rajasthan; Udyog NagarG.T. Karnal Road,Delhi-110033

Brite Paint & Chemicals16/2A, Site 4Indl. AreaSahibabadDistt, Ghaziabad

North Eastern Cables & Con-ductors Pvt, Ltd.,F-44, Indl Area,SikarSikar (Rajasthan)

Milk Food Ltd.,PO BahadurgarhDistt. Patiala 147002

4

HSD steel bars of grade Fe 413

Tungsten filament general serviceelectric lamps

Zinc sulphato agricultural grade

Weldable structural steel equalAngles

Water Meter (domestic type)

Skim Milk Powder

Hand oporated knapsack sprayer

Household laundry detergentpowders

Ordinary Portland Cement

Aliminium Alloy Milk cans

Mild steel wire for general engi-neering purposes

Cement Paint

Aluminium conductors galvanizedsteel reinforced for overheadtransmission purposes

Skim Milk Powder

5

IS 01786 : 85

IS 00418 :78

IS 08249 : 76

IS 02062 : 84

IS 00779 : 78

IS 13334 : 92Part : 01

IS 03906 : 82Part : 01

IS 04955 :82

IS 002(59 : 89

IS 01823 : 83

IS 00280 : 78

IS 05410 : 69

IS 00398 : 76Port : 02

IS 13334 :72Part : 01

1862 THE GAZETTE OF INDIA: JUNE 19, 1993/JYA1STHA 29, 1915 [PAST II—SEC. 3(ii)]

1

68, 9000247

69. 9000348

70. 9000449

71. 9000550

72. 9000651

73. 9000752

74. 9000853

7\ 9000954

76. 9001047

77. 9001148

78. 9001249

79. 9001350

80. 9001451

2

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-01

1992-10-16

1992-11-01

1992-11-01

1992-11-01

1992-11-01

1992-10-16

3

Hoshiarpur Distt. Coop. MilkProducers Union Ltd.,

Vill. AjjowalNear Octroi PostPB No. 17Hoshiarpur 146001

The Ludhiana Distt. Co-Op.Milk Producers Union Ltd.,Milk PlantJagraon Road,Ludhiana 141004

The Amritsar Distt. Co-Op.Milk Producers Union Ltd.,Milk PlantVerkaAmritsar

The Gurdaspur Distt. Co-Op.Milk Producers Union Ltd,,

Milk PlantPB No. 5Gurdaspur 143521

The Bhatinda Distt. Co-Op.Milk Producers Union Ltd.,

Milk PlantDabwali Road,Bhatinda 151001

The Sangrur Distt, Co-Op.Milk Producers Union Ltd.,

PB No. 9Milk PlantSangrur I48OO1

The Doaba Distt. Co-Op MilkProducer's Union Ltd.,

G.T. Road,Bye PassJalandhar 144008

Jai Shree Agro Industries (P)Ltd,,

Village & PO NathpurDistt. Sonepat

Himachal IndustriesPower House RoadSolan 173212

Himachal IndustriesPower House Road,Solan 173212

R.K. Welds (P) Ltd.,233 KM Stone,Sirhind G.T. RoadVillage FaridpurPO PhoppalRajpura 140401

Vallabh Steels Ltd.,G.T. RoadVillage PawaSahnewalLudhiana

K.C. Refineries1 SIDCO Indl. EstateBari BrahamanaJammu 185533

4

Skim Milk Powder

Skim Milk Powder

Skim Miik Powder

Skim Milk Powder

Skim Milk Powder

Skim Milk Powder

Skim Milk Powder

Isoproturon WP

Aluminium conductors-ACSR

Aluminium conductors—AA.C

Covered Electrodes

MS Tubes, Tubulars & W.S.fittings

Vanaspati

5

IS 13334 : 92Part : 01

IS 13334 ; 92Part : 01

IS 13334 :92Part : ol

IS 13334 :92Part : 01

IS 13334 : 92Part : 01

IS 13334: 92Part : 01

IS 13334 : 92Part : 01

IS 11995 : 87

IS 00398 : 76Part : 02

IS 00398 : 76Part :01

IS 00814 : 91

IS 01239 :90Part : 01

IS 10633 : 86

1863

1

81. 9001552

82. 9OOI653

83. 9001754

84' 9001855

85. 9001956

86. J000227

87. 5000328

88. 5000429

2 •

1992-11-01

1992-10-01

1992-11-01

1992-11-01

1992-11-01

1992-11-01

1992-11-01

1992-11-01

3

Sangatn Rubber Industries3123. Indl. AreaPhase IIChandigarh

The Hismtr-Jind Co-Op.MilkProducers Union Ltd.,

Milk PlantJind 126103

Batra Seniors46, Ind). Dev. ColonyHissat 125005

Overseas Cables Ltd.D-99, Focal PointRajpura (Punjab)

Overseas Cables Ltd.,D-99, Focal PointRajpura (Punjab)

Delta Industries Ltd.,Vill ManickpurP.O. Delta MillsDistt Howrah (West Bengal)

Kanak Cement Pvt. Ltd.,Vill LaingP.O. KansbahalDistt. Sundergarh(Orissa) Pin 770034

Kanak Cement Pvt. Ltd.,Vill LaingP.O. KansbahalDistt. Sundergarh'(Otissa) Pin 770034

4 5

Stat. Stor. Type electric water heater IS 02082 ; 85

Skim Milk Powder IS 13334.: 92Part : 01

Cast iron steps for manholes IS 05455 : 69

Aluminium conductors—ACS IS 00398 : 76Part: 01

Aluminium conductors—ACSR IS 00398 : 76Part : 02

Indian He«siah IS 2818 : 71Part : 02

Porltand Slag-Cement IS 455 : 89

Ordinary Portland—Cement IS 269 : 89

[No. CMD 13 : 11]

N. SRINIVASAN, Addl. Director General

1268 GI/93—5

1864 THE GAZETTE OF IK DIA : JUNE 19, 1993/JYAISTH4 29, 1915 (PART II—SEC. 3(ii)]

1866 THE GAZETTE OF INDIA: JUNE 19, 1993/JYAISTtfA 29, 1915 [PART II—SEC. 3(ii)]

1868 THE GAZETTE OF INDIA: JUNE 19, 1993/JYAISTHA 29, 1915 [PART II—SEC. 3(ii)]

1870 THE GAZETTE OF INDIA : JUNE 19, 1993'JYAISTHA 29, 1915 | P / K I II—SEC. 3(ii)]

New Delhi, the 21st, May, 1993

S.O - 1347.—-Tn pursuance of sub-regulation (5) of the Bureau of Indian Standards (Certification) Regulations,1988, the Bureau of Indian Standards, hereby notifies the grant of licences particulars of which are given in thefollowing schedule.

SCHEDULE

Sl. CM/L-No.No.

1

1. 5001431

OperativeDate

2

92-12-16

Name & Address of the Party

3

Strfee Gopal Cement Ltd.Jharbeda RajgangpurDistt. Sundargarh

Article/Process covered bythe licefice

4

Portland slag cement

IS : No./Part

5

IS 00455 ; 89

1871

2.

3.

4.

5.

6.

7.

8.

9.

10.

11,

12.

13.

14.

t5001532

5001633

5001734

5001835

5001936

5002029

5002130

5002231

5002332

5002433

5002534

5002635

6002842

, 6002943

92-12-16

92-12-16

92-12-16

92-12-16

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

92-12-16

93-01-01

92-12-16

92-10-01

4"

Shree Gopal Cement Ltd.Jhabeda RajgangpurDistt. Sunclargarh

Alliance Mills (Lessees) Ltd.PO JagatdalDistt. 24 Parganas (North)

Durowelds Pvt, Ltd.Bn 19 & 20 Indl EstateKalungaKahraga (Orissa) 770031

Howrah Associated Pipe Fittir20, Shree Kisan Vakat LaneHowrah 701101

Ambica Cement Ltd.Hatibari RoadKuarmundaDistt. Sundargarh 770039

Metal Trust Pvt. Ltd.?23, Bclilous RoadHowrah 711101

S. Das & Co.7/2, BelHous LaneHowrah 711101Calcutta Steel Industries109, Rabindra SarauiPO Bhatt NagarLiluah HowrahMegna Jute Mills (A unit ofOA Janand Commercial (P) LtPO JagatdalDistt. 24 Pargana (North)Western Agro Implements Co.P. Ltd.212, Raja Ramchand GhatRoad, Panihati24 Pargana (North) PanihatiA.M.C. ComplexSodepur RoadMuraguchaPO Jugberia24 Pargana (North)Usha Marin Industries Ltd.TatisilwaiRanchi (Bihar) 835103Thomson PipesFlinjipra ChalakudyTrichy Distt. 680721

The Kurnool Distt. Co-op.Milk Producers Union Ltd.Milk Products FactoryNandyalNandyal(AP) 518503

"5

Ordinary portland cement33 grade

A twill jute bag?

Covered electrodes for manualRetal arc welding of Carbonand carbon maganese steel

\gs Welded galvanized M.S.Sockets

Portland Slag Coment

Welded G.I. Sockets

Welded G.I. Sockets

High Strength Deformed Steelbars for concrete reinforcement

A-Twill Jute Bagsd.)

Hand operated knapsackSprayer

Latex Foam Rubber Products

Wire Ropes used in oil wellsand oil well drilling

UPVC pipes for portableWater Supply

Skim Milk powder, standardgrade

f>

IS 00269 : 89

IS 01943 : 64

IS 00814 : 91

IS 01230 : 82Part : 02

IS : 00455 : 89

IS 01239 : 82Part : 02

IS 01239 : 82Part : 02

IS 01786 : 85

IS 01943 : 64

IS 03906 : 82Part : 01

IS 01741 : 60

IS 04521 :77

IS 04985 ; 88

IS 13334 : 92Part :01

1268 Gl/93 - 6

1572 THE GAZETTE OF INDIA : JUNE 19. 1993/JYAISTH.A 2?, 1915 fP^hr II—SEC 3(ii)3

1

16.

17.

IS.

19.

20.

21.

22.

23.

24.

25.

26.

2

6003036

6003137

6003238

6003339

6003440

6003541

6003642

6003743

6003844

6003945

6004038

3

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

93-01-01

92-12-16

93-01-01

93-01-01

93-01-01

93-01-01

4

Ferti ChemicalsPlot No. 17/APhase IIDA JeedimetlaHyderabad 500855

Flow Tech Power93, Sathy RoadSaravanampattyCoimbatore 641035

5

Zinc Sulphate, AgriculturalGrade

Poethylenc pipes for irrigationlaterals

Vattukalam Chemical Indus- Copper Sulphate, Technicaltrios

11-679, Kodom Belur PanchayatChullikaraPadimaruthu PostKasaragod Distt.(Kerala) 671532

The General Engineering Co.1/42 Mcttupalayam RoadKavundampalayamCoimbatore 641030

Kanishk Steel Inds. Ltd.Plot No. B 27(M)Sipcot Indl. ComplexGummidipoondi (TN) 601201

The Indian Stoel Rolling MillsLtd.230, Madras-TrivclloreHigh Rd. TfruninravurChengai MGR Distt.(TN) 602024

Sri Ramakrishna & Co.520 F, N.S.R. RoadSai Baba ColonyCoimbatore 641011

Sivaraj Spinning Mills Ltd*ThadicombuDindigul TalukAnna Distt (TN) 624709

Master Cables Pvt. Ltd.PalakadavuKilikolloorQuilon (Kerala) 691004

Tikam Chanda Indl. Products145, Sipcot Indl. ComplexHosur (TN) 635126

Vijaya Aqua Pipes (P) Ltd.Plot No. F-37Sipcot Indl. ComplexGummidipoondiChmgteput Distt. (TN) 681201

Monoset Pumps

High Strength deformed steelbars

Mild steel for electrode corewire

Camphor Tablets (Technicalgrade)

Cotton Yarn, Grey for HosieryIndustry

PVC Insulated Cables

UPVC pipes for potable waterSupplies

UPVG pipes for potable watersupplies

6

IS 08249 : 76

IS 12786 : 89

fSCf-'H : 12

IS 09079 : 89

IS 01786 :85

IS 02879 : 75

IS 03584 : 84

IS 00834 ; 75

IS 00694 : 90

IS 04985 : 88

IS (M985 : 88

1873

1

27. 6004139

28. 6004240

29. 6004341

30. 6004442

31. 6004543

32. 6004644

33. 7003649

34. 7003950

35. 7004043

36. 7004144

37. 7004245

2 3

92-10-01

92-10-01

93-01-01

93-01-01

93-01-01

93-01-01

92-12-fll

92-12-01

92-12-01

92-12-01

92-12-16

4

Mandya Distt. Co-op MilkProducors/Societios UnionLtd.Product Dairy BejjalagereMaddur TalukMysore Distt.

Dharwad Co-op. Milk Produ-cers' Societies Union Ltd.Lakkamanahalli Indl. EstateP.B. Road DharwarDharwar (Karnataka)

Bandu Industries7/1-F, Avanashi RoadChinniampalayam PostCoiniDatore 641062

Rainbow IndustriesIndl. EstatePalayadTellichcrry (Kerala) 670661

Elgi Porytex Ltd.ThennampalayamArasur PostCoimbatore 641407

Shine Plastics Pvt. Ltd.SF No. 584KaraigoundenpalayamPugalur AnnurCoimbatore 638697

Polysack Indl. Co-op SocietyLtd.M 7 , MIDC HingnaNagpur

Radittl Wire Ropes Pvt. Ltd.Plot No. 17Phase II Manpada RoadSagaon, Dombivli (E)Thane Distt. 421204

Radial Wire Ropes Pvt. Ltd.Plot No. 17 Phase IIManpada Road, SagaonDombivli (E)Distt. Thane 421204

Radial Wire Ropes Pvt. Ltd.Plot No. 17 Phase IIManpada Road, SagaonDombivli (E)Thane Distt. 421204

Electrolux Industries4, Laxmi Indl. EstateNo. 2, Village NavgharVasai (East)Thftno Distt. 401202

5

Skim Milk Powder, StandardGrade

• Skim Milk Powder, StandardGrade

Submersible pumpseis

Refills for portable fireextinguishers

HDPE pipes for potable watersupplies

.UPVC pipes for potable watersupplies

UPVC pipes for potable watersupplies

Steel wire suspension ropesfor lifts elevators and hoists

Steel wire ropes for generalengineering purposes

Round strand galvanized steelwire ropes for shipping purpos

Electric irons

6

IS : 13334 : 92Part :01

IS : 13334 : 92Part -.01

IS ; 03034 : 89

IS : 05490 : 77Part : 01

IS : 04984 : 87

IS : 04985 : 98

IS : 04985 : 88

IS : 02365 : 77

IS : 02266 : 89

IS : 02581 : 89e

IS : 00366 : 85

iS?4 THE GAZETTE OF iNDJA ; JUNE 19, IW.i/JYALSThA 29, 1915 ^ I I ^ n . l W S E e : 3(HJ]

1

.38.

39.

40-

41.

42.

43.

44.

45.

46.

47.

48.

2

7004346

7C04447

7004649

7004750

7004851

7004952

7005045

7005146

7005247

7005348

3

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

93-01-01

93-01-01

4

Flamcpack12, Dhanlaxmi Indl. EstateAt Village NavgharTaluka : Basso inThane Distt.

Lt-vel Toch Systems (Puno) PvtLtd.39, Electronic Co-op EstatePune Satara RoadPune 411009

Heera PlasticsPlot No. 1Smvey No. 155/2BBhusawal RoadJalgaon 425001

Vimal Ind). Safety EquipmentCorpn.A-l/851/1, GIDCPost Box No. 783Mafcarpura Indl. AreaBaioda 391)010

Auro Pumps Pvt. Ltd.104/5 & 6, GIDC Estate Pale jBharuch Distt. 392228

Khanna Indl. Pipes Pvt. Ltd.Plot No. 216Village : KkativaliTaluka : ShahpurDistt. Thane 421604

Stenco Engineering Co. Pvt.Ltd.No. 9, Shah Indl. EstateDeonar Thane 400088

Stonco Engineering Co. Pvt.Ltd.No. 9, Shah Indl. EstateDeonar Thano 400088-

Arwade Cement Pipe Indus-tries113/1, Haripur Miraj TalukaSangli Distt. 416416

Hindustan Insecticides Ltd.(Rasayani Projoct)Rasayani PORaigad Distt. (MS) 410207

Hindustan Insecticides Ltd.(Rasayani Project)Rfl-Miyani PORaigad Distt. (MS) 410207

5

Flameproof enclosurws forelectrical apparatus

. Flameproof enclosures forolectrical apparatus

UPVC pipes for puabto watersupplies

Foam concentrate for produ-cing, mechanical foam for fireFighting (Aquoous Film

Fonniqg Foam)

Monoset Pumps for clear, coldwater for agricultural purposos

Steol tubes for structuralpurposes

Portable fire extinguisher,water type (Soda Acid)

Portablo firo extinguisher,wator type (Gas Cartridge)

Specification for concretepipos (with and withoutroinforceinont)

Malathion EC

Endosulfan EC

G

IS : 0214J : Sl

IS ;'02143 : 81

IS : 04985 : 88

IS : 04989 : 84Part : 02

IS : 09079 : 89

IS : 01161 :79

IS : 01)934 : 76

IS : 00940 : 76

IS : 00458 : 88

IS : 02567 : 78

IS : 04323 : 88

A8.75

1

50.

51.

52.

53.

54.

55.

56.

57.

58.

2

700 5449

7005550

7005651

7005752

7005853

7005954

7006047

7006148

7006249

7006350

3

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

93-01-0]

93-01-01

93-01-01

93-01-01

93-01-01

4

Parikh A.gro EquipmentsDivya Park SocietyNear Rainji MandirNik6l-Naroda Road NikolAhmedabad 382350

Jaswant Steel Rolling MillsPvt. Ltd.Ajanti Gram N.H. No. 7Higanghat TalukaWardha Distt. 442301

Parshuram Steals Ltd.Plot No. 20Block D-lMIDC Area, ChinchadAkurdi Eillago Estate Road

R;..dal Win. Ropes Pvt. Lkl.Plot No. 17Phase 11Msvpr.i'a ReadS^f.aoi!, Dombivli (E)Thf.ne DistL 421204

S'nghi'.l Swaroop Ispal Ltd.D/2/2, MIDCMiu-brdThc.ne Distt.

Bharat Wire Rupes Mlg. Co.Plot No. 735/1 -:-3Ru^an Ii-dust'*:es CompoundLBS Maig, Bhi:rdup Sor.apinOpp. Advani Oerlikon Ltd.Bombay 400078

Pbenoweld Polymers Pvt. Lt(C/o Kce£aon Polymers Pvt.Ltd.i2A, Vadagac.n SheriPure 411014

Mohatta & Hackel Ltd.ShcelphrtaNear S. T. Bus StopKhopoliRoigad Distt. 410203Viji.y Fire Protection SystemsLtd.Plot No. 35,Chandivdli VillageAndheri (,£)P.B. No. 8960Bombay 400072

Patel Wire IndustriesGat No. 435Plot No. 7 & 8Villape TnlegaonTaluka Igi tpuriNnsikDistt. 472403

5

Hand-opontca Knapsacksprayui pisLon tyj>o

High btronglli dclbnucd .steolbars and wires for concretereinforcement

High strength iloformed stoolbars and wiros for concretereinforcement

Wire Ropes i s d ip O:l Wellsand Oil will drilling

Cost B llett Ingots Pndcont;nuously Oast Billets forRolling into Structural.

Wire Ropes u ^ d in Oil Wellsand Oil Drilling.

1. PJasfc Flusing Cisterns forwattrcloiLts ;.nd Uiiruli

Wire Rcpts ufed in Oil Wells.ir.d Oil well drilling

: Snolce Detectors for use inAutomatic Electrical FireAlarm System

Aluminium Conductors forover }iv,iid Ti.DismissionPurposes (Al'jjninium AlloyStranded Conductors) (Alu-minium Mp.tMesmm S'liconType)

6

IS : 03906 : S2Part : 01

IS : 01786 : S5

IS : 01786 : 85

IS : 0*1521 : 77

IS : 06914 : 78

IS : 04521 :77

IS : 07;31 : 84

IS : 04521 : 77

TS: 11360 : 85

IS : 00398 : 79Part :04

1876 THE GAZETTE OF INDIA: JUNE 19, 1993/JY.USTH<V 29, i9IS LPART W — S B C ^ C U ) )

1

59.

60.

61.

62.

63.

64.

65.

66.

67.

68,

69,

70

2

7006451

800.2852

ROOC953

8003046

K003147

8003248

8003349

8003458

8003551

. 8003652

, 8003753

. 8003854

3

93-01-01

92-12-01

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

4

United Phosphorus Ltd.A-2/:, GIDCVapi (Gujarat) 396195

Birla Jute & Industries Ltd.(Cement Div.)Unit S: tua Cc incut WorksPO BirlaSatna (MP) 485005

G.K. Windirg Wires (P) Ltd.B-20, UPSIDC Indl. AreaSite CSurajpurGhazabnd

Foremost Industries (India)Ltd.Post Box No. 103Kailash PuriDehradun RoadSaharanpur (UP)

Shiv Shakti Indl. Corpn.R-ll, Indl. AreaJhotwaraJaipur 302012

Gn. tings Ind'a Pvt. Ltd.A-4, Sector VIHNoida (UP; 201301Mohan Metal Industries178/2, Gali No. 10Bhola Nath N-igarShahdaraDelhi 110032Prijnc Cements Pvt. Ltd.E-108-107B, Rico Indl. An.aBehrorDistt. AlwurUnited Cable IndustriesA-14, Sector IVNoida 201301D&M Welding Electrodes(Ind;a) Pvt. Ltd.Sector A, Plot A^nwar RoadIndl. AreaIudorc-452003Dhar Cement Ltd.Village KarondiyaTeh. GandhwaniDistt. Dhr.r(MP)Janta Lamp IndustriesPart Lane 85/2Mohalla ShrinagarRailway RondHa pill (UP)

5

Organd Mercurial Diy SeedDressing formulations

Ordinary Portland Cement,53 Orr.dc

Enamelled Round windingwires for elevated temperaturew'th copper wire

Skim Milk Powder, StandardGrade-

Cast Inm Detachable joints,for use with asbestos cementPipes

Plastic Stat and Covers foiWater Closets,Type PP, Grade 2Mild Stct! Sliding Doer Bolts,Clip Type, Sizes ;00 MM to450 MM with copper oxi<iizc<Finish

Ordinary Pc rtland Cement,33 Grade

Welding Cables, Copptrconductor Plain, with genciulpurpose and HOFR coveringCovered electrodes for manualarc welding of carbon andcarbon manganese Steel

Ordinary Portland Cement,43 Grade

Tungsten Filament Generalservice Electric Lamps withBayonet Cap

6

IS : 03284 : 84

IS : 212.69 : 87

IS : 04800 : 68Part: 6

I S : 13334 : 92Pait .• 01

IS :""08794 : 88

IS : 02548 : 83Part : 02

, IS: 00281 :9]

i

| IS : 00269 : 89

IS : 09857 : 81

1 I S ; 00814 :91

I S : 08122 :89

I S ; 00418 :7«

1877

1 2

71. 8003955

72. 8004048

73. 8004149

74. 8004250

75. 8004331

76. 8004452

77. 8004553

78. 8004654

79. 8004755

80. 8004856

81. 8004957

3

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

4

Indotech Ssvitcligears &Controls67, Rajender NagarIndl. AreaSa tubabadPO Mohan NagarDistt. Ghozabad

B.K. EnterprisesA-23, Oali No. 4Anand Pafrbat Indl. AreaNew DelhM 10005

Siddha Cements (P) Ltd.F-55-56-57GI-101-102-103,Riico Indl. AreaBehro^OnOl

Pure PolymersKhasra No. 358Village AaliMathura Ror.dNew Delhi-110044

Mobr.n Metal Industries178/2, GaliNo. 10Bholanath Ni'-£arShahdaraDelhi-110032

Satya Electricals622, Vishwas NagarShahdaraDelhl-110032

Satya Electricals622, Vishwas NagarShahdaraDelhi-110032

Santosh Pipe* Pvt. Ltd.E-57, Khalrthal Indl. AreaAlwar (Raj.)

Shubam Cements Pvt. Ltd.46, Pithampur Indl. Area-IllBagdunDhar (MP)

Seema Industries50/16, School MargChajju PurBabar Pur RoadShahdaraDelhl-110032

Jash Precision Tools Pvt,Ltd.87, Indl. EstatePolo GroundIndore452003

'5

Single Phase Whole- CuneMWalt-hour Mtter,

Electric Radiators

Ordinary Portland Cement.33 Giade

Rigid Plain conduits ofinsulating material for 25 &32 MM sizes for Medium andHeavy Mechanical Stresses

Mild SUel Tower Bolts

Electric Radiators

Electric Iron

UPVC Pipes

Ordinary Portland Cement,33 Grade

Stationery Storage TypeElectric Water Heaters

Engineering Metrology-measuring oquipment-GiitTron Surface Plates, Grades1 , 2 4 3

6

IS 007^2 : 77Part : 02

TS 00369 :85

IS 00269 : 89

IS 09537 : 83Part : 03

IS 00:04 : 91Part : 0]

IS 00369 : 83

IS 00366 : 85

IS 04985 : 88

IS 00269 ; 89

IS 02082 : 85

IS 02285 : 91

1878 THE GAZETTf; OF INDIA: JUNE 19, 1993/JYAISTHA 29, J915 [?MH I I — S E C . 3(ii)J

1

82.

83.

84.

85.

86.

87.

88.

89.

90.

91

92.

93

soososo

8005151

8005252

8005353

8005454

8005555

H005656

8005757

8005858

. 8005959

, 8006052

. 8006153

3'

92-12-16

92-12-16

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

93-01-01

4

Elpav Electrical Industries125, Thar VillageNew Delhi-110018

Hcatsun IndustriesGait No. 3Plot No. 14 (Rly. Line Side)Anand Parbat Indl. AreaNew Rohtak RoadNew Delhi-110005

Modi Alkalies & ChemicalLtd.SP 460 Matsya Indl. AroaAlwar

MVS Electronics (P) Ltd.£-204, Flatted FactoryComplex, OkhlaNew Delhi-110020

H.V.R. Alloys & Steels Ltd.674, Bulandshahr RoadVillage ChhaprollaTehsil DadriDistt. Ghaziabad-201009

Super MetalsA-6/2, Jhilmil Indl. AreaShahdaraDelhi-110095

Govind UdyogE 297, Road No. J-14VKI AreaJaipur-302013

Polyport Omont (P) Ltd.Plot No. 63Indl. Area No. 3Pithampur (Bagdoon)Distt. Dhar (MP)Garhwal Rolling Mills Pvt.Ltd.P., Box No. 9 DhalwalaRishikesh (UP)-24920l

Standard Metal IndustriesE 8, SMA Co-op. Indl. EstateG.T. Karnal RoadDelhi-l 10033Modern Hardware *& Bucket?Mfg. Co.C 177, Mayapuri Phase ITNew Delhi-l 10064New Moon Light IndustriesKhasra No. 45Bawp-iia Road, PrahladpurDelhi-l 10042

3

Stationery Storage typeElectric Water Heater

Mineral filled HeatingElements (For Water hearing)

Trichloroathylene Technical,Type i T & IT

Electric lmmsrsion WaterHeater

Woldable' structural Steal(Beam sections) designationFe 410 WA, size upto ami

including MB 200

Wrought Aluminium Circles

Cast Iron Detachable Joints

Ordinary Portland Cement33 Grada

High Strength DeformedSteel Bars

Mild Steel Parliament Ingjs

i Mild Stoel Butt Hinges

Precast Concrete Manholecovers He'ttvy Duty Circular

6'

IS 02082 : 85

IS 04159 : 83

IS 00245 : 88

IS 00368 : 83

IS 02062 : 84

IS 00021 : 75

IS 08794 : 88

IS 00269 : 89

IS 0178 6 : 85

IS 00362 : S

TS 01341 : 92

IS 12592 : 88

1879

1

94.

95.

96.

97.

98

99.

100.

101.

102.

101

M.

105.

'.U6.

2

8006254

8005355

S006456

8006557

9005156

9005257

9005353

9005459

9OO55G)

9005661

9005762

9CO5863

9(;O5L>64

3

93-01-01

93-01-01

93-01-01

93-01-01

92-12-16

92-12-16

a2-12 -16

92-12-16

92-12-16

92-12-16

92-12-16

92-12-16

93-01-01

4

M.V.S. Electronics (P) Ltd.E-204, Flatted FactoryComplex OkhlaNew Delhi-110020

Gupta Chemicals (P) Ltd.B-144, Road Nu. 9VK1 Area,Jaipur-302013

Wire LinVsG-472, Road No. 9AVKI A r aJaipur-302013

Supar LPG Appliances Pvt.Ltd.Plot No. 794Sahibabad DautatpurDelhi-110042

Shiva Appliances CP) Ltd.703, Tndl AreaPhase TI

Chandigarh

Taska Stools (P) Ltd.Link Road, Pr?et NagarLudhiana-] 44004

Shiva Cooksr Industries52 KM StoneG.T. Road, near MurthalKurfr (Punjab)

Himachal Wire Industries (P)Ltd.G.T. RoadDamtaU764O3

Kamal IndustriesPO Beldam, Vial DhalliVillage Dhago« (PBH70012

Amati Feed Industriesli-2. Focal PointKhann.ii-141401

J&K State Agro Ind- Dev.Corpn. Ltd.Lane No. 4STDCO Indl. EstateBaii Bi-ahmana-181133

Chandra Hectroinag (P) Ltd.J 8, Monerco Indl. EstateAllahabad-21 IU04

Vichitra Prcstressed ConcrotoUdyog CP) Ltd.Vill. Choma, ChomaDistt. Gurgaon (Haryana)

5

Mineral Filled Sheathedheating element for Waterheating

Endosulfan DP 4%

6

IS 04159 : 83

IS 04322 : 67

Single Core PVC Insulated IS 00694 : 90unsheathed cables for workingvoltage upto & including1100V with Copper conductor

Double Burner CRCA Ni/CrPlated and Stainless SteelTaper Front Body withand without DriptrayCl Burner Tops and DulbulType Mixing Tube BurnersStationery Storage Type

Tibctric Heater

Mild Steel Wires

Domestic Pressure Cooker

Galvanized Steol Chain LinkFencer Fabric

Galvanized Stoal Chain LinkFence Fabrics

Com poundod Foed for Cattle

Compounded Feed for Cattle

Enamelled round windingWires

Prejtress<:d Coiicwte Pi(>es

IS 08749 : 88

TS 02032 : 85

TS 00280 : 78

IS 0234/ : &7

IS 02721 : 79

IS 02721 : 79

fS 02052 : 79

IS 0205? : 79

IS 04800 : 6SPart : 05

IS 00784 : 78

1268 GI/93—7

1880 THE GAZETTE OF INDIA : JUNE 19, 1993/JYAiSTHA 29, 1915 [PART I I — S E C . 3(ii)l

1 2

107. 9006057

108. 9006158

109. 9006259

110. 9006360

111. 9006461

112. 9006562

113. 9006663

114. 9006764

115. 9006865

116. 9006966

117. 9007059

118. 9007160

119. 9007261

3 4

93-01-01 Indian Dairy & Allied Service(P) Ltd.Ludhiana RoadPB No. 53Malerkotla (PB)-148023

93-01-01 Kanoria Chemicals Inds. Ltd.PO Renukoot, RenukootDistt. Sonebhadra (UP)

93-01-01 Bhatiyani ChemicalsHimalayan FarmBareilly Road,Haldwani-263139

93-01-01 S hakti Motal WorksS-254, Indl. AreaJalandhar

93-01-01 Atlay Laboratories (P) Ltd.5 KM Milestone,Mansa RoadBhatinda

93-01-01 Modern Insecticides Ltd.C-162A, Focal PointBhandari KalanLudhiana-14 1009

93-01-01 Prakash Chemical Industries ]G.T. Road, RarawPO KushthashramVaranasi.

93-01-01 Ambica Gen Power (P) Ltd.13/22 A, NunhaiAgra -282006

93-01-01 Ambica Gen. Pov.er (P) Ltd.13/22 A, NunhaiAgra-282006

93-01-01 Harsh Metal Co. (Regd.) 1B-6/1099,Near Sodal Road,Jalandhar-144004

93-01-01 Vir Electricals (P) Ltd. CG.T. Road, Bye Pass, SJalandhar City

93-01-01 Mohan Paints AGoods Shed Road,Aish Bagh,Lucknow-226004

93-01-01 Pratap Wires (India) Pvt. Ltd. GVill. Surajpur, FPO Mohtli,Teh. Indore,Distt. Kangra (HP)-176404

5

s Skim Milk Powder

Pest-BHCDP 1.3°/

Disinfectant Fluid Black

Copper Alloy Float Valves

6

IS 13334 : 92Part :()1

TS 00561 :7H

IS 01061 : 82

IS 01703 : 89

Pest-Monocrotophos 36 % SL IS 08074 : 90

Fenvalerate 20 % EC

Disinfectant Fluid Black

Diesel Engines

Diesel Engines

-eaded Tin Bronze Ingots

'oni, Units Air Break^witches.

iluminium Paint

alvanized Steel Chain Linkence Fabric

IS 11997 : 87

TS 01061 : 82

IS 11170 : 85

IS 10001 :81

IS 00318 :81

IS 10027 :81

IS 02339 : 63

IS 02721 : 79

[No. CMD 13:11]N, SRINIVASAN, Addl. Director General

1881

MINISTRY OF AGRICULTURE

(Department of Agriculture and Cooperation)

New Delhi, Ihc 3i!rt Mny, 1993

S.O, I34N.—In partial modification of the earlier notifica-tion dated 7tli May, 1991, the period of deputation of ShriJ.N.I.. Srivastava, IAS (Pb:66) the Managing Director ofNational Cooperative Development Corporation (NCDC) isextended upto 7-12-93 or until further orders whichever isearlier.

This issues with the appoval of the competent authorityin the Department of ARriculture and Cooperation.

[No. L-12011/4/91.-I&P]

S. K. MISHRA, Under Secy.

1882 THE GAZETTE OF INDIA: JUNE 19, 1993/JYAiSTHA 19, 1915 (PART TI—SEC. 3(ii)]

Ministry of Petroleum & Natural Gas


S.O. 1349 :—Irf* exercise of the powers conferred by section 3 of the Public Premises (Eviction of Unautho-rised Occupants) Act, 1971 (40 of 1971), tho Central Government hereby appoints tho Officers mentioned in column1 of the Table below, being officers of the IBP Company Limited, equivalent to the rank of a Gazetted officer ofGovernment, to be estate officers for the purposes of the said Act and the said officers shall exercise the powersconferred and perform the duties imposed on estate officers by or under the said Act, within the local limits of theirjurisdiction in respect cf the premises specified in column 2 of the said Table:

TABLE

Name and Designation of theOfficer

1

General Manager (NR)

General Manager (WR)

Regional Manager (SR)

Chief Manager (GPS&C)

Dy. General Manager (W), Korba.

Categories of Public Premises and local limits of jurisdiction

Premises belonging to or taken on lease or requisition by or on be-half of IBP Co. Limited in the State/Union territories of Delhi,Punjab, Haryana, Rajasthan, J&K. and Himachal Pradesh.

Premises belonging to or taken on lease or requisition by or on be.half of IBP Co. Limited in the States of Maharashtra, Gujarat andKarnataka.

Premises belonging to or takon on lease or requisition by or on be-half of IBP Co. Limited in the Stales of Tamil Nadu, Keralaand Andhra Pradesh.

Premises belonging to or taken on lease or requisition by or on be-half of IBP Co. Limited in tho States of West Bon gal, Bihar, Orissa,Assam and other North Eastern States.

Premises belonging to or taken on lease or requisition by or on be-half of IBP Co. Limited in the States of Madhya Pradesh.

[No. P-44010/16/91-MkT)]

GURD1AL SINGH, Under Secy.

MINISTRY OF CIVIL AVIATION AND TOURISM

(Department of Civil Aviation)

New Delhi, the 1st June, 1993

S.O. 1350.—In exercise of the powers conferred by Sec-tion 4 of the Air Corporations Act, 1953 (27 of 1953), theCentra] Government hereby reconstitute the Board of Direc-tors of Indian Airlines with effect from 1-6-1993 and untilfurther orders :—

1 Chairman and Managing Director, —ChairmanIndian Airlines.

2. Chairman and Managing Director.Air Tndia,

1883

3. Director General.(Tourism).

4. Joint Secretary,Department of Civil Aviation.

5. Jtj'nt Secretary and Financial AdvisorDepartment of Civil Aviation,

e. Chairman,International AiiporLs Authority of India,

7. Chairman,National Airports Authority.

8. Secretary,North Eastern Council, Shillong.

9. Managing Director,Pawan Hans Limited.

[F. N<*. AV. 18030/44/92-ACVI.il

P. K. BANERJI, Jt. Secy.

MINISTRY OF INFORMATION AND BROADCAST1NO


S.O. 1351.—In e.xercfee of the powers conferred by sub-sec-tion (1) of section 5 of the Cinematograph Act, 1952 (37 of1952) rend with rules 7 and 8 of the Cinematograph (Certifi-cation) Rules, 1983 and in continuation of this Ministry's Noti-fications No. 814/ll/90-F(C) dated 30-9-1991, 24-1-1992,2-1-8-1992, 13-11-1992 and 16-1M992, tho Central Govern-ment is ple&sed to appoint Shri Lalit Bhasm, 10-Hailey Road(10th Floor). New Delhi-110001 as a member of the Delhiadvisory panel of the Central Board of Film Certificationwith immediate effect and until further orders.

[File No. BO9/9/93-F(C)]

S. LAKSHMI NARAYANAN, Jt. Secy.


S.O. 1352.—In exerciso of the powers conferred by Sec-scciion (1) of section 5 of the Cinematograph Act, 1952 (37of 1952) rend with rules 7 and 8 of Ihe Cinematogruph (Cer-tification) Rules. 1983 and in continuation of this Minisliy'sNotifications (i) No. 809/3/91-F(C), dated 30-9-1991 (ii) No.809/1/92-F(C), dated 24-8-1992 (lii) No. 80971/92-F(C),dated 26-H-1992 (Iv) No. 809/l/92-F(C), dated 7-10-1992 <v)No. 809/1/92-FfC), dated 30-12-1992 and (vi) No. 809/4/93-FfC), dated 27-4-1993, the Central Government is pleasedto appoint Dr. B. C. Jain, Chartered Accountant, 16/77-A,Civil Lines, Kanpur-208001 as a member of the Bombayadvisory panel of the Central Board of Film Certification withimmediate effect and until further orders.

[File No. 809/4/93-F(C)]

S. LAKSHMI NARAYANAN, Jt. Secy.

MJMSTRY OF LABOUR


S.O. 1353.—In pursuance of Section 17 of the IndustrialDisputes Act. 1947 (14 of 1947), the Central Governmentherebv puM'shes the award of the Central Government Indus-trial Tribunal, No. 2, Bombay, as shown in the Annexure,in the industrial dispute between the employers in relationto the mnnnpement of Chanda Rayatwiri Colbeiy of W. oLid. and their workmen, which was received by the CentralGovernment on 19-5-1993,

[No. L-22012/147/9MR (C. II)]

RAJA LAL, Desk Officer.

im THE GAZETTE OF INDIA: JUNE 19, 1993/JYA'STHA 29, 1935 |I-ART I I — S E C . 3(ii)]

ANNEXUREBEFORE THF, CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL NO. 2, BOMBAY

PRESENT :

Shri P. D. Apshanknr, Presiding OfficerReference No. CGIT-2/37 of 1991

PARTIES :

Employers in relation to 'he management of ChandaRayatwari Colliery of W.C.L., Chandrapur

AND

Their Workman.

APPEARANCES :

For the Management: Shri B. N. Prasad and Shri G. S.Kapoor, Advocates.

For the Workmen : Shri S. R. Pendro, Representative.

INDUSTRY : Coal Mines, STATE : Maharushda.

Bombay the 26th April, 1993

AWARD PART J

The Central Government by their Order No. L-22012/147/9MR(C.II) dated 27-6-1991 have referred the followingIndustrial Disputes to this Tribunal for adjudication underSection 10(J)(d) of the Industrial Disputes Act:

"Whether (ho dismissal order from 6-5-1990 issued bythe Sub Area Manager, W. C. Ltd., Chanda Rayat-vvari Colliery, Chandrapur against Shri YelkapalliPcrmayya, Loader, is legal and justified ? If not,to what relief the workman is entitled ?"

2. The Original Statement of Claim has been fikd inMarathi at Ex. 2 on behalf of the workman Shri YelkopalliPerrruiyyu, by the leprescntativc of his union, while the copyof the Statement of Claim in English is ut Ex. 2A. The caseof the snid workman, in short, is thus :

The said workman was working as a permanent loaderar Chanda Rayatwari Colliery, Chandrapur, since26-10-974. In the Western Coal field there arc

many collieries and one of them is Chanda Ruyyaf-wari Colliery. There are live to c;x trade unions inthe said region, and Lad Bawta Koyla K.arngarUnion, Chandrapur, is one of those unions whichis it registered union. The abovesaid workman ShriV. Permayya was elected as H Branch President ofthe said union at Chanda Rayyatwari Colliery, nndthe management was informed about it. At th Jplace of work the management h iequired to givework to the permanent loader when he enters iiitothe mine. In case he is not given any work by thecompany after he enters into the mino, he must getH<ime amount ot wages. It is not just and piopcrto Hsk the workmen to mt outside the place ofwork without any work being given to them. How-ever certain IS loaders were simply asked to sitfit the place of the work without any woik beinggiven to them. After going out of the mino, thoseloaders went to the said workman Mr. Y. Pcrm.iyya.the Branch Piesidcnt of the union, and infoimedhim about the incident. The snid workman thendi'Miied the matter with the Deputy Manager ShriShaMn. Those 18 loaders of Ihe second shifl ctnyedfit Ihe place of work in (he mine on 5-9-1V89 think-ing that they would be given work ut least duringthe third shift by the management. However nowork was given to them even during the third shift.Hence the said workman, i.e. tha Branch Presidentinformed the superior officer about that incidentin Iho morning of 6-9-1989. The General Secretaryrealised the plot of the management nnd informedthe Superintendent of the mine thai they were com-pelling the workers to go on strike. Those IS loaders

wcie i.hcn issued the charge-shoots by the manage-ment. The chargesheets were issued against someother 5 workmen also.

3. Thereafter the management issued d cliargcvheel dnltd12-9-19K9 against (he said workman Shri Y. Permayya. theUr.irt.li President of the Union, with a view to victimise himoil the ground of his union activities. This chargesheet wasissued alter a period of seven days, and as such during flintnenod the management was thinking of dismissing him fromservices. The enquiry officer was appointed to conduct anenquiry against him. The said workman denied the chargeslevelled against him, On 12-10-1989 the said workman pre-sented an application before the enquiry officer giving thedetails of his co-workers. However the enquiry officer refusedto accept it and as snch he had acted as an enquiry officerus well as a Public Prosecutor. Thereafter (he said churge-sheefad v.cnkmen made an application for (he change of theEnquiry Officer as he was not an impartial person. Howeverhis requests was not considered by the management. There-after an Additional charge-sheet was issued agpinst that work-man and finally the management dismissed that workmanfrom service!*. The enquiry conducted against him was notconducted properly and as per the rules of natural justice.He was dismissed from services on (he ground of his unionnci'vitie0. The union, therefore, lastly prayed that this Tri-bunal should hoJd the action of the management HS unjust,improper, and illegal and should direct the management toreinslole the said workman in services w.e.f. 6-5-1990, i.e.the date of ihe dismissal with full back wages and continuityof service.

4. The management of M/s. Western Coal fields Ltd.(Rayplwari Sub Area by their Written Statement (I'x. 3)opposed the said claim of Iho union, and in substance, con-

1 tended thus :

The snid workman Shri Velkapalli Permoyyi wns emp-loyed as a loader at Chanda R'ryatwari Colliery priorto his dismissal from srrvices. The charge sheerdated 12-9-19K9 was issued to him by the manage-ment. The charge against (he woikmnn werethus- :—

"He instigated the workmen to go on illegal strike, in-tcifered in the working of (he mines withoul thepetniis.iion of the competent authority and pavethreats to the executives (officers) of the mine,wljjch acts resulted in loss of produclion to themanagement. The abovesaid acft amounted mis-conduct under the Standing Ordovs No. HfB) (9),(ifi). and (34) of the Certified Standing orders asapplicable to Chanda Rnyatwari Co'Jii-iy nnd itsworkmen".

5. The mid worm.i'i fjli-j his '••ay' to the taiil chargesljei-tThereafter Shi• If. Roy, tho Personnel Manager, Chandrapur•\rcn, v';ia ar("'-lm'cr1 as an Hnquiry Officer io condupct the-,lw<M(i>: inquiry .Timlinst ihe said chargeshccte'I workman,Uv ila Vt':« .li'ivd 7-J0-(9E9 tho said wor'-on-'ii wila nukedto ,i;tc.'.<7 l^otiire 'he enquiry ollicer at the time and placeto he Jl.vd by the enquiry officer, alongwith his .vitness, if anyHe V31; ulso nefvis-d 10 take the asriisfnnre cf a ro^vorkeriro:i» ( li'ir.t'H Rnvaf.viri Tolliery during Ih.ii domestic en-quir". if he so drcirei. The enquiry officer did not agree^ith th; I'ecni. t of tho ^nid workman to take the assistanceof entail) workers as his representatives. However, theciquiry offi-er figa-'n told The said workman to take the.""-•s/slanre of (ho ro worLor from Chanda Rayatwari Col-l>iy. A1 tiie. eomnv-nrcment of (he enquiry proceedinjts. (he'•hrrfrefhf.'cr T,vas rcuri ou( and explained lo Ihe said workmaniii Uindi I'v the enquiry officer, and the said workman deniedtho charges !e-'oljed afioinsl him. All the witnesses Tor themnnnKcmcni were rrosa-examined in ihe prcsenre of the;;:iid workman and hit, co-worker, and they were cross-examin-ed hv Ihe ;:o-worker of the said workman. The said woik-man and his co-worker, ;md they were cro53-e\.iirnined bv theco-worker of ihr said workman. The said workman hadexamination 16 witnesses, on his behalf. The enquiry conduct-ed iigafckt tho VMA workman was held pioperly, :>n<j ever--r>ppcrlnnity was pvm to the 'sai'd workman to defend him elf.The enquiry officer found (he said workman guilty of thechunrcM levelled a.stninst him. Thereafter tho disciplinaryauthority assessed the enquiry report, and agreed with the

1885

findings of the enquiry officer. Considering tlis_ scnoLiGnc^of 1 he misconduct, the superintendent of mines dismissed thesaid woi+iwn from service by the order dtucd ?-r»'19yU.

6. The m:via£erm-nt further contended thus :—

The said workman were assigned the specific duty v.hlchthey did not carry out, and tad restored to sit instrike inside the mine. Those workmen had rtfnscdto woik inspite of the work being niven tn (hem,and this amounted to sit on strike. FA'en during theihiul shifl the said workmen had sat on strike.Thereafter the chargesheets were issued against those18 loaders and also against 5 loaders to which 1heyfiled their 'say'. However, the matter was not per-sued against those other workmen as it was foundlhat the vcnl person behind the incident was ShriY, Primayya, i.e. the workman in question, who wassubsequently charge sheeted. Tt is not true to sayIhni the management issued charge sheet againsthim with n view to victimise him for his trade unionactivities. The dismissal order passed apainst thnworl.man in just and proper. Tho necessary domes-tic enquiry held against him was proper, nnd asper the' rules of natural justice. His request for thechange of the enquiry officer was not found logicaland just nrid proper, and hence if wt>3 not concededto by the management. The said workman is notentitled to reinstatement in services or for any otherrriiof. The management, therefore lasilv prnyiyithat this Tribunal should hold the action of th"!tmnn.cement in question as iust and proper, andshould reject the prayer of the said union.

The Issues framed at Ex. 4 are :

(]\ Whether the enquirv held against the workman inquestion was not held properly, and (he rulc=> ofnatural justice were not followed ?

(?.) Whether the dismissal order from 6-5-1190 issuedbv the Sub Area Manager. W.C. Ltd., Chanda Rnyat-v-nn Colliery, Chandrapur against Shri YelkapalliPermayya, Loader, is legal and justified ?

O) Tf not, to what relief the workman is entitled?

(4) What Award?

R. Issue No. 1 viz. "Whether the enquiry rr1'1 igainsi tMworkman in question was not held properly ond the uilesof iv'urnl justice were not followed ?" wa? tried as a

Preliminary Tssue. I find that the said enquiry washeld properly and the rules of natunl justice werefollowed, for the fo'lowing reasons.

REASONS

">. The vcrkman Shri Yell;apalli Permnvya filed his iiffidavit\n S'lunort of his ease and also in support of the aliefalionthat the enniiirv held against him was not held pvopc-iy. ?ndthe rules of natural justice were not followed, at Ex. 6. rindhe was cross-examined on behalf of the manapewr>f. Themanagement filed the affidavit of thr encmiry officer Shri B.Rov s'o Talc Sntvndeo Rov (Ex. 8) in .-.iippon of !hc;r ci-.e!and he was cross-examined on behalf of th* workman TI,Csaid vorlimim stated and admitted in his rro^s-rvylT-;nr|;onthus :

"A chfirftc sheet was issued to mo bv lh- mnnnaemenf inquestion T replied to it. I was told bv the manage-ment bv s letter flint an enquiry is to h? ^or'!':c!-d' • p a i n s t m e . T h a t e n q u i r y o f f i r c r W H S S h r i T ( . " n v

Tt wns mentioned in the letter sent to me by ;>^mnnapemcnf (hat T could tnlre th- nssKtarrp of a '-o-worker from the colliery where I wn<; \>wj-ir"!, ~ yh"r1 tnade r>n application to th* cr'ini-v o<T!c"'- <h,rT might be allowed to take ths assi-,t.inn^ of <^r;S P Pamirs. I was told by (he enquiry officer th-tas Shri Pandre was an o'ifs'Jde person and iwis notthe emplovees of the collierv, and as the other m-vj-.rlnr TVfr . rhandra was also not an employee ofth- W.C.T... r would not he permitted tn take (heassistance of those two persons. I sought four to

five adjournments to ceek the assistance of ihc co-voikci from colliery. Thereafter I produced my co-wprker hy name Shri Avdeth Prasad as my a'sistantin tho enquiry proceedings. 1 lie evidence uiinng theenquiry proceedings was recorded in the presence ofthe said co-worker Shri Avdcsh Prasad, The en-quiry officer had told us to proceed further with theevidence of the management witnesses, but we didnot cross-examine them. At that time the enquiryofficer Shri B, Roy was working in the office of theGeneral Manager of the Area, and was not workinj}in the colliery. 1 had not worked under him at anytimer nor had I seen him there before. I had noenmity or quarrel with him. 16 witnesses were exa-mined on my behalf during the enquiry proceedings,and they were cross-examined on behalf of the man-agement. Jt was mentioned in the enquiry proceed-ings on the day before the last date that in caseany of (he parties would remain absent on the nextdale, the matter would proceed exparto,"

10. The enquiry officer Shri B. Roy, in Kulv.tnnce, statedin his affidavit (Ex, 8) thus :

"I .stalled the enquiry on 12-10-1 <3R9 after giving duenotice to the workman Shri Permayya. The saidworkman had never requested me to allow Shri Sclli,Senior Personnel Officer, cs his co-worker. Thoenquiry proceedings were held in the presence ofShri Permayya and his co-work?r. All ;he witnessesof the management were examined in their presence,and they were given an opportunity to cross-examine(he management's witnesses, and this was availed by(hem. The evidence of all the witnesses of theworkman was recorded, and those witnesses werecross-examined on behalf of the management. Allthe documentary evidence filed by both the partieswas taken on the record in thoir presence. I recordedthe proceedings of tho enquiry in my own handwriting. Day to day proceedings of the enquiry wereexplained (o (he said workman in Hindi and his lcflhand impression was obtained thereafter. The pro-ceedings were also signed by ihe co-worker of thoworkman Shri Permayya, On (he last date of en-quiry, i.e. 10-4-1990, the workman Shri Permayyadid not attend tho enquiry proceeding. However hisco-worker was then present. The said workman hadnever made any request to mo either orally or inwriting for r*-oriening ihe enquiry. I conducted (heenquirv in a fair and proper mfinner by oH-rvingThe rules of natural justice. I had no prejudice orbias aijainst the said workman. T WHS not influenced(>y any oTicer of the manaRement either in conduct-ing th- proceedings or while submitting my report."

II. It is. therefore, quiie clear from 1hs diiTTont statementsmade by Ihc viri.nipn in his cross-examination as above, pndfrom Ih? Stfijements made bv thr enquiry office'.- Shri B, Royin his a/Idavil (ha! the enquiry held against the said workmanwas conducted quite properly, regularly and thrt the ri'les ofnatural justice were followed.

JfSVP No. 1, is therefore, found accordingly.

P. D, APSHANKAR. Presiding Officer

1886 THE GAZFITTE OF INDIA : JUNE 19, 1993'.IYAISTHA 29, 1915 [PART II—SEC. 3(ii)J


SO 13^4. rn pursuance of Section 17 of the IndustrialDisputes Ad, 1947 (14 of 1947), the Central GovernmentIicreby publishes the Award of the Industrial Tribunal,KOLLAM RS shown in the Annexure in the Industrial Disputebetween th1.- employers in relation to the management ofINDIAN BANK and their workmen, which was received bytlie Centi.il Government on 23-5-93.

[No, L-12012/214/91 IR(B-TI)]HARISH GOUR, Desk Officer.

ANNEXURE

IN THE COURT OF THE INDUSTRIAL TRIBUNAL.KOLLAM

(Dated, this the 3rd day of May, 1993)

f resent :

SRI C. N. SASIDHARAN, Industrial Tribunal,

IN

INDUSTRIAL DISPUTE. NO. 52/91

BETWEEN

The Zonal Manager, Indian Bank, P. B. No. 3573. Pul-lepady, Chitoor Road, Ernakulam.

(By S/s. Subramanian! & Cyriac Kurian. Advocate,Ernakulam).

AND

The General Secretary, The* Indian Bank Employees'Union, Krishnaswami Cross Road, Ernaqulam,Cochin.

(By Sri Zachariah Koshy, Advocate, KottayamJ

AWARD

The Government of India as per Order No. L-12012/214/9-1RB.II dated 22-11-1991 have referred this industrial dispute

to this Tribunal for adjudicating the following issue ."Whether the action of the' Management of Indian Bank

in not granting daftary allowance to Sri. O. Ravecn-dran. Sub-staff, Attinpal Branch on his rc-instatementin service is justified ? If not, to what relief the saidworkman is entitled to 1"

2, In pursuance to notices issued from this Tribunal bothsides entered appearance and filed statements advancing theirrespective contentions Thereafter the case wes adjourned forevidence find posted to 29-4-19'>3. On that day, when the casewas taken up, the general secretary of Iho union has filed amemo sta.'ins that the claim uni1er this reference is not pres-sed. The loiiined counsel for the management also submittedthat the mnnaaement has no objection in closing the matterPS not pressed.

3. 1'n view what is stated above, the case is closed as notpressed find an award is passed accordingly.

C. N. SASIDHARAN, Industrial Tribunal


S.O. 1355.—In pursuance of Section 17 of the IndustrialDisputes Act. 1947 (14 of 1947). th;: Central Governmenthereby published the Award of the Industrial Ti ibunal,MADRAf. as shown in the Annexure in the Industrial Disputebetween the employers in relation to the management ofUCO BANK and iheir workmen, which was received by theCentral Government on 25-5-93.

[No. L-12012/270/90 IK(B-H)]

HARISH GOUR. De>,k Officer

ANNEXURE

BEFORE THK INDUSTRIAL TRIBUNAL, TAMIL NADUMADRAS

Tuesday, the 30th day of March, 1993

Present :

THIRU M. GOPALASWAMY. B.Sc, BT... IndustrialTribunal.INDUSTRIAL DISPUTE NO. 2 OF 1991

(Tn the matter of the dispute for adjudication under Sec-tion 10(l)(d) of the Industrial Disputes Act, 1947 bet-ween the workman and the management of UnitedCommercialBank, Madras-1).

BETWEENThiru A. Sappani, No. 86, Mailaspuram, Tiiunclveli

Junction, TirunelveIi-627 001.

AND

Tim General Manager, United Commercial Bank. ZonalOffice. No. 169, Thambu Chetty Street,Madras-600 001.

Reference :

Order No, L-12012/270/90-IR-B(lD, dated 26-12-90, Min-istry of Labour, Government of India, New Delhi.

This dispute coming on for final hearing on Tuesday, tho2nd March, 1993 upon perusing the reference, claim andcounter statements and all other material papers on record;ind upon hearing the arfiumenls of ThiruvaJfrguJ G. R, Ed-mund and A. D. Jagdishchandran Advocate"! appearing for thework-man and of Thiru R. Arumugam for Thiruvaimrgal Aiyernnd Doliu & R. Armufittm Advocates appearing for the man-agement, and this dispute having stood over till this day forfoniidcratioh, this Tribunal made the following.

AWARD

This dispute between the workman and the management ofUniied Cemmerclnl Bnnk, Zonal Office, MndrHF-1 arises outoC a reference under section 10(1)(d) of the Industrial Dis-niiteti Act, 1947 bv the Government of India in its OrderNo. L-12012/270/90-TR-B/ll) dated 26-12-1990 of the Minis-try of I ribonv for ndjudia^i'irt of the following issue :

"Wlieiher thi; action of the Management of UCO Bankin dismissing Sh. A. Sappani, Watchman-cum-Peonfrom the services of the Bank is instilled ? If not towhat relief the workman Is entitled T"

2. The Petilioner-workman states as follows :He was working as watchman-cum-peon nt the Branch

of 1hc Respondent at Pcttni, Tiruneli'eli. Vnr ••"rtainailciied acts of misconduct committed by him bet-ween l°7lM983 in respect of transactions at the saidbranch he was given a charge .sheet dt. 4..4..R6. Thematter was investigated also by Central Bureau ofInvestigation, Madras which gave n report that therewere no materials to launch a criminal prosecution.Rut, acting on the said report, the respondent hasissued the charge sheet to which the petitioner yavehis explanation. Then a domestic enquiry was orderedand conducted. The petitioner has no knowledge ofEnglish, in which the Domestic Enquiry Proceedings

LS&7

were conducted. His request to engage a Lawyer wasnegatived. The Enquiry Officer gave n report dated19-10-8? holding that the charge* have been proved.TO tfie locoHtf slow cause notice the- petitioner gavehis reply dt: 7-12-881 The Respondent passed an orderdt ]3-12-9fr, dismissing the petitioner from service.The Appellate authority dismissed petitioner's appealalso. Hone© the petitioner started the conciliationproceedings which ha* also, failed,

3. The. petitioner wat not, given, a copy of. the- C.B.I, report.Hence ho wan not aMe t« mako effective cross-examination ofManagement witnesses. Refusal to engage a lawyer has alsoadversely affected his defence. Important documents havebflon admitted in the evidence, without competent witnessesproving them. Th© enquiry officer acted in i. biased manner.Tho fact that the petitioner who has studied only upto 7thstandard cculd not have committed the serious acts withoutpaitic'pataion and connivance of oiher persons in the Bank.was not considered at all. The dismissal of the petitioner fromservice is totally unjustified. The findings of the enquiry offi-cer are perverse. Hence an award, may bo passed, directingthe respondent to reinstate the petitioner in service with nilbenefits.

4. The Respondent states aa follows :—

The Petitioner joined the post at Pittai branch, Tirunel-vely, as a Peon-cum-watchman on 27-2-1974. Ho wasgiven a tamil translation of the charge sheet at hisrequest. The 4 charges against him are as follows :

1. The charge sheeted employee utilised one Athankar-aiyap to forge withdrawal slips for a total amountof Rs. 3000/- and drew the amount from S.B, A/c.Nc. 1952.

2. He pledged his jewels in the name of Thiru M.Subramaniam and obtained jewel loan and dischargedthe same by fraudulently withdrawing money fromS.B. A/c. NO. 1932.

J. He forged the signature of fhlrj Balasubramanianand withdrew money from S. B. Account No. 1952.

'1. I. He opened two fictitious SJJ. Account Nos. 145Eand 1952 respectively in the name of Ramachandranand Balasubramanian.

2. He deposited the proceeds of 22 instruments in thesaid f.riitious accounts opened by him.

5. A representative of the union conducted the defence.19 witnesses have been examined by the Management. Oralanti documentary evidences have established the chargesexcept the charge No. 4(1). The Domestic Enquiry officerhns recorded his findings on sufficient evidence. The disci-plinary authority has -agreed with the report of the DomesticEntjuiry Officer and gave a hearing to the petitioner regard-ing punishment. After considering the materials, th«disciplinary authority passed an order dt. 13-12-88 dismissing1he petitioner from service. The appellate authority rightly'confirmed the order and dismissed the appeal. The Res-pondent was justified in refusing engagement of a lawyerby the petitioner. His defence representative GeuerHl Secre-tary of the union is a very competent person. Full oppor-tunities have been given to the petitioner. Report of theC.B.I, being a confidential document, could not have been"""given to the petitioner. The domestic enquiry officer hadno bia<i against the petitioner. The petWoner has enoughknowledge and ability to handle the work of clcarinecheques and doing other clerical jobs which are generallyperformed by employees abovi the rank of a peon. Thefairness of the domestic enquiry may be decided as a pre-liminary issue and if the same Is found to be unfair, therespondent is willing to let in furthnr evidence to provetho charge!;. The punishment of dismissal ^ not dis-proportionate The claim is liable to be dk=m;sj.«i.

6. Point1 for determination are as follows :

1 Whether the domestic enquiry has been conducted"f.ilrly and property ?

i??>3 ' r i . ' -M—R

2. Whether the findings are sustainable on me evidenceavailable or are they perverse ?

3. Whether the punishment w adequate and just ?

7. Though the respondent wanted a preliminary enquiryin the first iewtanco regarding the question of fairness atthe enquiry both sides have not pressed tho same. On thoother hand, the Respondent's counsel has &tai.ed that theI.D. may bo disposed off on merits without taking anyfurther evidence and by using the evidentiary matiTialialready given at the domestic enquiry. Hence no oral evi-dence was given in this Tribunal. The document* relatingto tho domestic enquiry like the charge sheet, petitioner'sexplanation, record of evidence, the domestice enquiry reportand dismissal order have been marked as Exhibits Ml to Mi l .

8. Point No. 1 : The petitioner is after all a peon watch-man with educational qualification of study upto 7th classor standard, The major charge is charge No. 4 consistingof two parts. The first part is that the petitioner allegedlyopened a ficlious S.B. A/c. No. 1458 on 23-4-89 in the nameof V. Ramachandran and another flctious S.B. A|c. No.1952 on 11-12*89 in the name of Q. Balasubraman.an. Afteropening those accounts, the petitioner is said to havedeposited Rs. 1,11,030 being the proceeds of 12 instrumentsreceived at the Pettai Branch for collection towards out-station cheques or for payment across the counter, and th:nwithdraw the amounts through withdrawal forms ,'lips) *ndthat he also tempered with and destroyed 'he relevant bankrecords. Charge Nos. 1 to 3 are in substance ancillarycharges relating to the different transactions in which thopetitioner fradulcntly withdrew the amounts from the abovestated S.B. A|c,s.

9, The stand of the respondent that the report of ThiruRamarajan, Inspector of Police beloging to the CBI whoconducted am investigation after registering; the crime is aconfidential one and that a copy thereof could not havebeen furnished to the petitioner before the commencementof tho domestte enquiry Is out untenable. The Repondcnthas also failed to give copies of the reports of 2 departmental/internal investigations conducted by Rajagopal and Sund"ram,Having the magnitude of the charges in mind, the reportsof the CBT Inspector and also the 2 departmental inpec'orsare most vital documents, copies of which should hivs b-enfurnished to the petitioner to enable him to have a meaningfulopportunity for cross examining the witnesses and defend nghimself. The respondents failure to furnish copies cf thesedocuments in my view h'as adversely affected tho petitioner'scapacity to defend himself and therefore I hold that theDomestic Enquiry has not been conducted in accordancewith the principles of natural justice nnd hence it is unfairand vitiated.

10. Point No.—-2 : Even assuming that the Domesticenquiry has been fairly conducted we may proceed to decide2nd and 3rd points in the absence of any further evidencegiven before us, by assessing and relying solely on the evi-dence recorded at the domestic enquiry. The delinquentLS'appanl is charged with a very serious crime of opening afictious S.B. A/c. No. 1952 on U-12-89 in the name of oneMr, G. Balasubramanian and then crediting the said' a/c.with monies beloging to other payees and finally withdrawingloveral thouvui.ds of rupees from the said S.D. A|c. byusing forged withdrawal slips. The account was op'tiedwhen tho Branch Mannqer M.W.I Srinivasan was at the helmof the Brunch at Pettai, Tirunelveli. Th© monies fradulentlycredited into S.B. Afc. represented the proceeds of collectioncheques sent by the respondents branch at Madrat, Sowcarcet,clearance of all these cheque* was done at TinmelvellBranch of Tamil Nadu Bank, as the respondents bra^chlhad no clcarinc facilityi Material witnesses ©xam'ned at thedomestic enauiry are M.W.I, the then Branch MonaperMr. V. Srinivasan, M.W.2. Krishnan, then clerk of theBranch, M.W.4 Gnnapalhy Subramanian, another clerkM.W.5 Muthujcumaraswamy, a clerk cum typ:st, M.W.6Ramasamy then Awt. Manager, M.W.7 SankornlWiRnm,(mother clerk, M.W.8 S. Balamundram also a clerk M.W, 9ApTwdurrii, then cashier M.W<13 Joaeph George, anotherciwhier nnd M.W.6 Rnmelcrt'!hn(m, ttr'n CThief Cashier of

HU THE QAZEITE OF INDIA : JU>TF 19, 1993/JYMSTHA 2% 1915 [PABI I M * C . 3(ii)1

the Branch. Besides these Bank, officials, M.W.3 Dr. Alihandwriting expert attached to C.B.I. Madras M.W.I3;Mr. Velhngiri, C.B.I, Inspector and M.W.17 Rangrao, CBIInspector were also examined. Two departmental ifBcerswho made (ho departmental inspections me M.W14Rajagopalan and M.W.I8 Sundaram.

' 11. Met ol' j i t .e witnesses w,ho hsve worUd in the PetlaiBralxh of the Respondent bavo pamled the petitioner as theace-Villain with great talents required of a clerk or Officerof the Bank and as one capable of doing duties which arefar abovj the job responsibilities of a watch man. Whose,duty is to have the keys of the outer most door of theoffice building to open and close the1 building, bring Topalsand place them before the Branch Manager. M.W.2Krishnan who is a clerk, depired that Ihe petitiiner Sappaniwas doing clerical worka such as :

"He had been issuing tokc.iB, sorting cheques for clear-ing ho has even taken balancing work, he has writtensection day book; some times he has even debi'edth© accounts.".

M.W.. 15 Joseph George, spiaking about the greater rolaplayed by the- petitioner deposed an follow* :—

"He did balancing, loan ledgers willing supplementarybook, helping clearing etc.

Mr. Suppani used to. help up while writing the clearingRegister. The cheques will be taken out seperatcly to pre-pare, bank schedules.

At the paying in slip will be handed over to me to writethe clearing register. By the time I finish writing the clear-ing register and (ally it the bankwise schedule will bt pre-pared, by Mr. Sappani and hand it over to me. After thatI will £o for clearing,

In the same vein, M.W.16 Ramakrishnan, Chief Cashier atthe relevant tune has told that tho petitioner was virtuallydoing the job of a clerk. The deposition iuns as follows :—

• He used to help staff members in all spheres of help includ-ing receiving cheques from customers, affixing tho stamps,preparing bank-wise schedules, taking balancing and totalling,clearing scroll tallying. I have seen him writing day bookalso twice. According to M.W.4 Ganapalhy Subramanian,the items of processing work in relation to clearance ofcheques are as follows :•—

Generally the cheques are accompanied by deposit challans,schedules, from branches and OBC reaiisption schedules. Theamounts mentioned in the schedule received from branches.The amount mentioned in the schedule received from bran-ches are recorded in tho sundry column. The cheque parti-culars are recorded in th; appropriate, cOiumns. By chequesparticulars I mean the bank branch, aiuount and chequenumber. In case of OBC realisations, the amount mention-ed in the schedule received from other banks are recordedin bills, column. In retpict of the cheques received fromparties, the challan amount is entered in deposit column,and the pErticulars relating to cheques are entered in ap-propriate columns".

Such evidence has been advaced as proof of the facts that'the petitioner alone was responsible for making alterationsin the cheques B3 forms withdrawal forms etc. to carry outthe fraud. That these could not be swallowed as true isshown by the evidence M.W.5 Muthukumaraswiiiny, thenclerk. He says that the B3 forms drawn in flavour ofSowcarpcf Branch has been tampered with by writing word"returned" written by Ramakrlshiian ;M.W,16) etc. andS. Krishnan (M.W.2).

12. The very way in which the fictiou.i S.B. A[c. 1952 ofG. Balasubramanian wa>i opened has been epoken to byM.W.I Srinivasan, the Branch Manager concerned. He ad-mits that ho has not seen Balasubramanian, that he hassimply authenticated the specimen signature cars of G. Bala-subramanian' a t ld fi>at he did not know who introduced thecustomer or impostor Mr. Balasubramanian. He and other

-Wiwsses freely admitted th.*, they peimitted opening oficcornts without even seeing the face of the customers on

vihoae behalf the A|cs. were opened and without screeningthe introduction. Eulogising the capacity of the petitionerM.W.I i-rimvasan then Branch Manager, said that he work-ed as a clerk by writing scrolls, supplementary ledger, clear-ing register and B3 forms. II© went on to say that hfasignatures on B3 forms have been forged by the Petitioner,

The various registers and forms regarding collection ofoutstatkm chequed such as clearing roister, clearing tcroll,B.3 forms have to be filled up and. maintained only byclerks or officers and not u peon like me petitoner. Onemust remembers that all the formalities regarding openingOf accounts have to be observed only by the Branch Managerand not a member of the sub-staff. The evidence of thfrBank employees reveals that more than tie petitioner Seppani,other Bank employees should have played their part in thefraud. The C.B.I. Inspector M.W.17 Ramaraj has opinedthat the materials were not strong enough to warrant fifinga charge sheet in a court of laws. lie deposed that there-aro nevertheless grounds necessitating a departmental en-quiry against Petitioner Sappani alone to the exclusion ofBank's other officials. This view, in ihe back ground otevidence and nature of the crime, is quite far fetched. M.W. 3Dr. All hand writing expert attached to the CBI has com-pared Sl to S31 specimen writings of ike petit ontr wiih hisquestioned writings. The aiicged specimen wiitings takenfrom Sappani by M.W.17 Ramsraj, inspector of Police haveriot been taken under ordeis of any court. Even assumingthat the petitioner Sappani has actually written ccr ain crucialentries in B.3 forrns, we cannot think for a moment thathe had done it on his own without ortil orders given bythe officials of the Bank. M.W.15 Thiru Joseph Georgetold that Thiru Sapr/ani Petitioner was permitted to receiveca<Ji from the counter of the Branch acting as o representa-tive of an account holder ot the Branch who was employedin the State Bank of India, Tinmclwli as Cashier and thatthe witn«;s made the payment on the ad\ice of then Cashierof the Branch who is M.W.16 Thiru V. Ramakri hnan. Thisis to be seen as the thin end °f the wedge or scheme inwhich the petitioner wns made to act ai a tool by oihcrofficers.

The evidence of M.W.10 Subramanian who took Jewelloan by pleading the jewels at the I't'ttai Branch is that th©jewels belonging to the petitioner were pledged by M.W. 10in as much aa a jewel lean in tjic name cf tho petitionerhimself cannot be directly availed. This is not » misconductaffecting the bank in any manner. Duf to mutual trustM.W.10 Subramanian could have posed as tho owner ofth« jewels which really belonged to the petitioner and obfain-cd tJie loan for the petitioner's benefit by going through theformalities. This witness Subramanian is a member of thesub-staff of another bank Sit Tiru".elvcli. After considera-tion of the voluminous oval evidences, I believe that theevidences are so contradictory and unconvincing that wocanr.ct place any reliance on it to hold tho petitioner guiltyof chnrges, Unless the clerks and officers of the Bank havothemselves played their own parts cuch a fraud cannot beperpetrated right from the opening of S.B. A/c. No. 1952.in the name of O. Balasubramanian followed by diversion ofthe monies belonging to other payees to ths said fictitiousaccount and then withdrawal of huge amounts on th»strength of fradulent withrawal slips. We cannot but feelthat the petitioner is made a seapegoat for the serious wrongscommitted by his superiors running ths branch. I thereforeopine that the charges against the peon-cum-watchman arenot proved, that lie has been a victim at the hands of theOfficer.-, and that the findings of the Domestic enquiry officeraro nothing but perverse. I therefore, find on point No 2that the charges nre not proved ind that the findings cannotbe Sustained. It follows that tho petitioner cannot be ,awarded any punishment. However, in circumstances of theease there must bo some suffeHnR inflicted on petitionerSappani who conid have allowed himself to be used as aPawn in doinc jobs which are far above; his responsibilitiesHence the petitioner shall bo content with drawing 7 5 % ofback wages alone. The points arc answered accordingly,

13. In the result, an award Is passed directing the Res-pondent to re-instate the petitioner In servicj and providehim continnity of service alongwith attendant benefit.

1**9

Towards back wsiges, the respondent h directed lo pay only75% bach wage; to the petitioner No costs.

Dated tjib day of 30th March, 1993.

THIRU M. GOPALASWAMY, Industrial Tribunal

WITNESSES EXAMINED

For both side«.—Noiie.

DOCUMJBNTS MARKED

For Workman.—Nil.For Management

Ex. M.I[6-2-86.—Charge memo issued to Thiru A.Sappani (workman) (Xerox copy).

M.2 —Tamil Translation of Ex. M-l(Xerox copy).

M.3J21-4-B6.—Explanation, of ths workman to thochareeeheet (Xerox copy).

M.4.—Memo of written arguments of theManagement representative in the matter of theenquiry conducted against Thiru A. Sappani.(Xerox copy).

M.5]19-l&88.—Findings of the Enquiry Officer (Xtroxcopy).

M.6J3O-11-88.—Show Cause notice issued to theWorkman (Xerox copy).

M.7|7-12-88.—Proceedings of the hearing (Xerox copy).

M. 8/13-12-88 : Dismissal order (Xerox copy).

M.9|12-l-89.—Appeal preferred by th© workman againsthis diraifeal preferred order (Xerox copy).

M.10|2I |22-3-89.—Order of Appellate Authority(Xerox copy).

M. 11.—Proceedings of the enquiry officer (Xeioxcopy).


S.O. 1356.—In pursuance of Section 17 of the IndustrialDilutes Act, 1947 (14 of 1947), the Central Governmenthereby publishes the award of the Central GovernmentIndustrial Tribunal, Bombay as shown in the Annexure inthe industrial dispute between the employers in relation to themanagement of Bank of Maharashtra and their workmen,which was received by the Central Government on 25-5-1993.

[No. L-12012/65/9MR (B-II)]

HARISH GOUR, Dtik Offlctr

ANNEXURE

iih.1 ORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL NO. I. AT BOMBAY

PRrsHNT :

Justice Shri R. G. Sindhakur, Presiding Officer.Reference No. CGIT-1/55 of 1991

['ARTIES :

Tue Employers in relation to the managament of BftnXol Maharashtra,

AND

Their Workmen.

APPEARANCES :

Tor die Management—No appearance

Foi the workmen—No appearance.

INDUSTRY : Banking STATE : Maharashtra

Bombay, the 13th May, 1993

AWARD

Thin is a icfcrencc rnudc to this Tribunal by the LabourDepartment, Government of India, vide letter No, L-12012/65/91-1R (B-II). for answering :

"Whether the action of the Management of Bank ofMaharashtra Nagpur for rejecting the claim of CycleAllowance with effect from 1-1-1982 to Shri U. C.K amble: (Sub-atafE) is justified 7 If not, to whatrelief is the workman entitled 7"

Notice was issued on 29-7-19D1 to both the parties fora-VMring before this Tribunal on 27-9-1991. None appearedon behalt of the Union and a fresh notice was .served and yotno appearance was made on behalf of the Union and thematter was, adjourned for ex parte hearing on 5-2 1992, evenon nhic'i date none on betaalf of the Union appeared.

In the ab.cnce oE sny statement of claim it is not possibleto know the nature of dispute. There was ncne who couldbe questioned on tho point. It Is therefore not possible tohold action of the management of Bank of Maharashtra asunjustified, and the workman is therefore not etitled to anyrelief.

R. G. S1NDHAKAR, Presides Officer


S.O. 1357,—In pursuance of Section 17 of the IndustrialDeputes Act, 1947 (14 ol 1947), the Central GovernmentItcivby publishes the ward of the Central GovernmentIndustrial Tribunal, Bombay az shown in the Annexure Inthe industrial d'spule between the employers in relation tothe management of Bank of Maharashtra and their workmen,which was received by the Central Government on 25-5-1993.

[No. L-12012/464/90-IR (B-II)]

HARISH GOUR, Desk. Officer

1890 THF GAZETTE OF INDIA: JUNE 19, 1993/.IYAISTHA 29, 1915 [P/.R- II—SEC. 3(ii; ;

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL NO. 1, AT BOMBAY

PRESENT :

Justice Shri R. G. Siiidhakar, Presiding Officer.

Rci'er.nce No. COIT-1/36 of. 1991

PARTIES :

Employers in relation to the Management of Bank ofMaharashtra,

AND

Their Workmen,

APPEARANCES :

For the: Management—No appearance.

For the workmen—No appearance.

INDUSTRY : Banking STATE : Maharashtra

Bombay, the 13th May, 1993

AWARD

This is a reference made to this Tribunal vide letter No.L-12012/464/90-IR (B-H) dated 5th April 1991, by theMinistry of Labour. Government of India.

The point to be answered is :

"Whether the action of the Management of Bank ofMaharashtra in imposing a punishment by stoppageof six annual increments on Shri K. D. SonarMusalkar is justified If not, what relief the work-man is entitled to ?"

On receipt of this reference, notices wcr« issued to boththe parties for appearing before this Tribunal on 14-5-1991.But no one appeared on behalf of the workman.

. The Management, namely the Bank of Maharashtra in itsstatement dated 28-8-1992, it has been Contended that theworkman has been penalised for having defrauded the Bankby withdrawing a sum of Rs. 500 by forging the signatureof an account holder and he also committed other misconductas detailed in the chargeshect. The Bank further stated thotthe workman had admitted the fact in the departmentalenquiry conducted against him. It was further stated thatno statement has been filed on behalf of the.' workmaninspite of several opportunities given to him.

It is seen from the Rojnama, maintained in this office,that the workman was represented by Mr. C. N. Kulkarni on26-6-1991 after receipt of the notice. The matter came tobe adjourned for filing of the statement of claim bv theUnion, but no statement cams' to be filed on the followingdates also. Instead of filing the statement of claim adjourn-ment was sought. On 16-1-1992 none appeared on behaJfof both the parties, and notice was issued to the Union forfiling the statement of claim on 13-4-1992. Thereafter,notice for cx-parte hearing on 24-6-1992, and thereafter,on 9th July 1992, The matter came to be adjourned furtheras the Presiding Officer of this Tribunal was not appointed.It was then fixed on 27th April 1993, and no appearance wasmade on behalf of either of the parties. Under this circums-tances, in the absence of any material to show that thefiction of the rnarmgemet of Bank of Maharashtra in imposingtrie punishment of stoppage of six annual increment as unjust,that tt is not so.

R. G. SINDHAKAR, Presiding Officer


SO 1358,—In pursuance of Section 17 of the IndustrialDisputes Act, 1947 (14 of 1947), the Central Governmenthercbv publishes thti award of the Industrial Tribunal, Kollamas shown in the Annexure, in the industrial dispute betweenthe employers in relation to the management of State Bankof Travancore and their workmen, which was received bythe Central Government on 25-5-1993.

[No. L-12012/57/92-IR (B-I1I))

S. K. JAIN, Desk Officer

ANNEXURE

IN THE COURT OF THE INDUSTRIAL TRIBUNAL,KOLLAM

(Dated, this the 13th day of May, 1993)

PRESENT :

Sri C. N. Sasidharan. Industrial Tribunal,

JN

Industrial Dispute No. 21/92

BETWEEN

The Managing Director, State Bank of Travancore, HeadOffice Poojappurp, Trivandrum.

AND

"The General Secretary, Slate Bank of Travancore StaffUnion, Central Office, P.B. No. 5601, Trivandrum.

AWARD

This industrial dispute has been referred for adjudicationto this Tribunal by the Government of India as per orderNo. L-12012/57/92-IR (B-1I1) dated 20-7-1992 for adjudicat-ing the following issue :

"Whether the action on the part of the managementof State Bank of Tranvancore in denying the postof DCCP to Sri Mohankumar at the Peyad Branchof the bank is fair and justifiable ? If not, to whatrelief the said workman is entitled to 7"

2. The union representing the workman Sri Mohan Kumarhas filed a cluim statement and the contentions are brieflyus below : The subordinate staff in the management Bank areentitled to special allowance for discharging certain specifiedduties as per the terms of service; applicable to them. Thepost of Daftary-Cum-Cash Peon ('DCCP' for short) is oneattracting special allowance. Every branch of this Bankhas DCCP. The post of DCCP at Peyad branch fell vacant on7-8-1989. The two peons working in that branch on that dayweie on probation. Temporary employees and employees onprobation are not be entrusted with any duties attractingspecial allowance as per staff circular of the Bankdated 7-3-1992, The workman Sri Mohan KumaT was con-firmed in the"Bunks service with effect from 20-1-1990 and hehas been doing the duties of DCCP from the date. But themanagement did not pay him special allowance and the refusalof tho management to confirm him as DCCP with effect from20-1-1990 is justifiable and illegal.. Sri Mohan Kumar WHSinitially posted to the Zonal Office of the Bank on 20-7-1989along with five others. He was finally posted to Peyad branchon 27-10-1989. Sri K. Surendran posted as peon joined atPeyad branch on 25-10-1989. The post of DCCP o£ thatbranch fell vacant on 7-8-1989. Neither of the peons atUlat time wnrptettd as DCCP and not paid special allowanceas both of them were on probation. Th© Regional Manager

1891

on representation from Sri Mohan Kumar adviced the branchManager that Sri Mohan Kumar is eligible for the post ofDCCP from the date of confirmation. Sri Mohan Kumar wasthe only confirmed peon at Peyad branch as on 20-1-1990 whowas entitled to the post of DCCP. The management confirmedSri Surendrun also on 30-8-1990 and it was communicatedonly on February 1992 i.e. during the pendency of this dis-pute. It is therefore illegal and liable to be nullified. Themanagement in a similar ca^e directed to pay special allow-ance to an employee who was transferred to Punnayurkulambranch of the .Bant -with effect from the date ho joined therethough there was already another pequ who enjoyed brancht,ertiortty, but was on -probation. The denial ot the post ofDCCP to Sri Mohan Kumar amounts to discrimination. Theaction of managoement in designating Sri Surendran as DCCPand payment of special allowance wjth effect from 10-2-1992during thti pendency of this dispute is a violation of S:c. 33of the Industrial Disputes Act. The prayer is for confirma-tion of Sri Mohan Kumar as DCCP of Peyad branch witheffect from 20-1-1990 continuously and ,ior payment ofspecial allowance.

3. The management opposed the claim of the union andthe contttntions of management are briefly as under :

Sri Damodaran who was working as peon in Peyad brunchwas receiving DCCP allowance till 25-ll-iy89 onwhich date he was transferred from :there. Sri K.Surendran ncwJy recruited as peon joined Peyadbranch on 25-10-1989. Sri Mohan Kumar newlyrecruited as peon joined Trivandrum Zonal 'Office ofthe1 Bank on 20-7-1989 and he joined Peynd branchon 27-10-1989. Sri Mohan Kumar was confirmedwith effect from 20-1-1990 as peon and Sri Surendranwas confirmed with effect from 25-4-1990. So thecjaim of the union based on letter dated 30-8-1990stated to be of the Regional Manager was not giveneffect to and the management was only consideringthe eligibility of Sri Surendran also. to pet theallowance. The decision to designate Sri Surondranas DCCP was taken on 19-10-1991 which was com-municated to the Deputy General Manager on13-1-1992. The letter of the Asst. Labour Com-missioner intimating his (decision to discuss thedispute raised by the unionwos receiYed;Ctn 17-1-1992and there is no violation of any practice of law.The normal practice followed in the Bank for fillingup special allowance carrying posts is ccnterwise/branch seniority. Seniority is normally counted with'reference to the tfnte of joining the branch and notbased on the date of • confirmation. Confirmation ofservice alone is not the only criterion for decidingeligibility. In Punnayurkulam branch the two peonsjoined on the same'day and seniority was countedbas«d on the date of birth of the concerned emp-loyees. This has no connection 'with the presentcase. The service • condition of .Sri Mohan Kumarwasnot altered during the pendency of conciliationproceedings. Sri Mohan Kumar is not entitled tothe post of DCCP in Peyad branch as he was notsenloj in that branch. According to the manage-ment the ••workman is not entitled to any relief.

4. No 'evidence has been adduced by cither sidei. How-ever the union has produced six documents and the manage-ment has produced one document. I am markings six docu-menli ns Ext. W-l to W--6 on the side of the Union and Ext.M-1 on the side of the management ns there wns no objectionfrom either side for marking these' documents in evidence.

5, The claim of the union is for designating Sri MohanKumar as DCCP of Peyavl branch with effect from 20-M990,the date on which he was confirmed in the Bank's serviceand for payment of allowance continuously from that daynnwords. Admittedly'Sri Mohan Kumar was confirmed in theBank's service with effect from 20rl-1990 a'i peon findSri Surendran was confirmed with effect from 25-4-1990as peon. The management designated Sri Surendran as DCCPon the basis nf his branch seniority. Accoidiiii; to the uniontemporary employee* and employees on probation shouldnrvt he entniif^d with uny of the duties attracting specialnlVnvance. Relitince was placed on Exts. W-l staff circularissued by the Deputy Gcnernl Mannger of the Managementwhttein it is stteciRcallv staled so. Ext. W--2 it copy (>fviter from tht> Ke (Amar Manager of the flank to thcPeyadbranch regarding dCCP allowance to subordinate staff.

It is specifically stated in Ext. W-2 that on the basis ofciicular dated 7-3-1972 of the Bank DCCp..allowance ispayable only after confirmation and as such Sri Mohan Kumaris eligible for the post of DCCP. Ext. W~4 is a letteraddressed to the manager of Punnayurkulam branch from theRegional Manager. *' 's stated in Ext._W~4 that as per staffcircular dated 16-3-1991 temporary employees and employeeson probation should not be entrusted with any of the dutiesattracting special allowance, As per Ext. W-4 lhe RegionalManager has pointed that payment of DCCP allowance to anemployee on probation in that branch was not in order.It was also pointed out that another confirmed employtt!n that brunch alone is eligible for DCCP allowance. Ext, W-lW-2 and W-4 make it clear that the practice followed in theBank for the posts eligible for DCCP allowance were: givenonly after confirmation. The management has not furnishedany circular to show that the employee on probation was alsogiven the post of DCCP. No specific, instances of suchposting were1 also brought to the notice of this Tribunalto support the contention of management in this regard.It is also not established by producing any circular orpointing out any specific instances that the normal practicefollowed for filling up of special allowance carrying po»lsfor subordinate «taff is eentrewise/branch seniority. It isalso not established that seniority i» normally countedwith reference to the date of joining at the* -branch and noton the. date of confirmation. On the other hand Exts. W-l andW-2 clearly establish that only confirmed employees as peonhave been given posting in special allowance carrying. po»t.Tt h true that Sri Surendran joined the Peyad branch on25-10-1989 and Sri Mohan Kumar joined there on 27-10-1989only. But as I have held above only confirmed employees areelipible for the post attracting special allowance. So theaction of management in denying the 'post, of DCCP to SriMohnn Kumar is unfair and unjustifiable. The managementhas thus overlooked the claim Of'Sri Mohan Kumar and giventhe pobting to Sri K. Surendran which is highly illegal andunjust. On the" basis of Exts. W-l, W-2 and W-4 °nd on thebasis of precedents followed in tha Bank Sri Mohsn Kumaralone is eligible for DCCP allowance in Peyad branch Witheffect from 2O-M990.

6, In the result, an award is passed holding that the actionon the part of the management of State Bank of Travancorein deying the. post of DCCP to Sri Mohan Kumar at the Peyadbranch is unfair and unjustifiable. Sri Mohan Kumaraccordingly entitled to get the posting as DCCP of Peyadbranch ' continuously with effect from 20-1-1990 and alsospecial allowance for the entire period.

C. N. SASIDHARAN, Presiding Officer

APPENDIX

Documents marked o,n the side' of the Workmen

Rxt. W-l—Photocopy of staff circular No. 21/72 dated7-3-1972 issued by the management,

Ext. W-2—Photocopy of letter addressed to the branch.manager Peyad branch of the Bank from the RegionalMnnager of the Baftk Trivandrum.

Ext. W-3—Photocopy of letter addressed to the ManagingDirector of the management from Sri Mohan Kumardated 29-11-1990.

Ext. W-4—Photocopy of letter addressed to the Punna-vurkulam branch of the Bank fronTRegkmal Managerdated -27-6-1991.

En. W-5—Photocopy of tetter addressed to the Asst.Labour Commissioner, Trivandrum from the GeneralSecretary of the union dated 31-1-1992.

F.\t. W-6—Photocony of letter addressed to the OeneralSecretary of the union dated 4-3-1992.

Document marted on the side of the Management

I;xt. Mfl—Letter addiessed 10 the branch manager, PeyiMbranch of the ZBank from the Regional Manager,

"Trivandrum dated "30^-1990 (DriginaT at Ext. W-2).

1392 lim GA^HITL Ot' INDIA: JUNE 19, l p y i / A A ^ I i l A 29, 1915 [PAHJ II—SBC. iCu.


S.O. 1359.—In pursuance1 of Section 17 of the industrialDisputes Act 1947 (14 of 1947), the Central Governmenthereby publishes the uward of the industrial Tribunal, Kollamits shown in the Annexure, in the industrial dispute betweenthe employer* in relation to the management of Lord KrishnaBank Limited and their workmen, which \vns received by theCentral Government on 25-5-1993.

[No. 1.-U012/157/91-1R (B-I1I)]

S- K. JAIN, Desk Officer

ANNEXURE

IN THB COURT OF THjj INDUSTRIAL TRIBUNAL,

KOLLAM

(Dated, this the 3rd day of May, 19931

PRESENT :

Sri C. N. Sasidhurun, Industrial TribunalTN

Industrial Dispute No, 29/91

BETWEEN

The Chairman, Lorxl Krishna Bank Ltd., Central Office,Kodunttallur, (By Sri Shahid and Associates, Law-yers, Kollam)

AND

The Gencial Secretary, Lord Krishnu Bank EmployeesUnion, Central Office, Nair Samajam BuildingChcntlamongalam. (By Sri H, B. Shenoy, Advocate.Kochi)

AWARD

This industrial dispute has been referred for adjudicationlo this Tribunal by the Government of India as per Order

No. L-12012/157/91-IR (B-1II) datey 7-6-1991.

The issue for adjudication is the following :

"Whether the action on the part of the managementof Lord Krishna Bank Ltu., in terminating/denyingSri P. Srinivasa Pai employment as. Peon beyond12-12-1985 is fair and justifiable 7 If not, towhat relief the said workman is entitled to ?"

2. In iimwer lo notices issued from this Tribunal themanagement and union entered appearance and filed state-ments advancing their respective contentions. Thereafter,while the case was pending for evidence both sides submittedihut there was likelihood of compromise. Accordingly thecats stood tor reporting settlement on several dates and finallyon 29-4-1993 the union filed a statement stating that inpursuance «f clause 6 of the memorandum of settlementdiite,| 29-1-1993 the union is withdrawing the dispute, A copyof ilie memorandum of settlement was also produced. Thele.imcil I'inmsci foi the management accepted the copy of thet.mruer.L filed nv \he union lubmiited (hit themanagement

hO5 no olijiKlion in, withdrawing the dispulc by ,the union

3. As requested by the union, the settlement dated29-1-1993 is accepted and im award is passed in terms ofthe settlement u copy of which is shown as Annexure toIhis award.

(/. N. SASJDHARAN, Industrial Tribunal

ANNEXURE

Memorandum of settlement date 29th January 1993 betweenI he management of the Lord Krishna Bank Limited, Kodun-gahur, and their Workmen represented by the Lord KrishnaBank Employees' Union (Regd.) Ernakulam under Section2{p) and Section 18(1) of the Industrial Dispute* Act, 1947Read with Rule 58 of the Industrial Disputes Act 1947 readwith Rule 59 uf the Industrial Disputes (Central) Rules, 1957.

PRESENT :

1. Sri K, Baburajafi

General Manager.2. Sri K. G. Joseph

ARS(. General Manager(Establishment)

3. Sri K. O. JoseChief Manaycr(Personnel)

4. Sri P. M. JosephPiesidentLord Krishna Bunk Employees Union.

ReprescntiDB tht

Mnnawraont

5. Si'i V- P. KwnalhGeneral Secretary

6. Sri S. S. PillaiSecretary

7. Sri M. T. John SreeniOrfitinising Secretary.

Representing theUulon

Short Recital of the case

A setllenieni was signed on 10th April, 1992 between themanagement of Lord Krishna and Ltd., and their workmenrepresented by the Lord Krishna Bank Employees' Union onsome of the issues /demands raised by the union as per theirletter dated 21st June 1990. As per clause 4 of the saidscttk'mcut it was agreed to settle all the remaining issuesand disputes by mutual discussions in cordial atmosphereat an early date, Thereafter mutual/discussions were heldon various dates and finally an amicable settlement was reachedin the joint discussions held on 12th October 1992 at Erna-kuliim. Subsequently a separate settlement in respect of dailywagers was signed before the Regional Labour CommissionerfCentral) Cochin, on 25th January 1993. This settlement nowcovers the remaining issues.

Terms of settlement

1. Payment of back wages and bonus to daily wagers—Itis agreed to settle the issue of back wages and bonus payableto certain daily wagers as under :

(a) Tt is aareed by the management to pay back wagesfrom 30-5-1991 i.e., the date of the awm\t of Indust-IIBI Tribunal, Alleppey, in I. D. 96/89 (C) to Mr.V. Balakrishna Pai and Mr. R. Kriahnakumar.

(bi Repfirding the payment of minimum bonus to thedaily wagers it is aereed to take the period of engage-ment from 1-1-1989.

2. Cases filed by Mr. C N. Narayana Pai—1L i;, a/.-reed towiihdrjw nil the cases filed by Mr. C. N. Naravapn Pai befotethe Central Government Lahour Coi±rt, Ernakulam with imme-diate efteci. A compensation of Rs. 9,775 will be paitf to

1393

him being the difference of daily wage^ a: Rs. 25 per dayfrom 1-6-1987 to 30-9-1986. He will also be paid jptcielallowance applicable to Bill Collector instead of cash peonfrom 1-11-1992 and agreed ti> withdraw the case for specialallowance also.

3. Cases filed by Part time sweepers of AzhiyunnurBranch—It is agreed to withdraw the cases filed by Mr. K.Kilshnanandan and Mr. P. K. Sureshkumar, Part-tim© sweepersof Azhiyannur branch anil the difference of wages of Rs. 1.851)and Rs, 1,680 will be paid to them respectively.

4. Halting allowance to sub-staff for attending the promo-tion teat and interview—It is agreed to pay eligible haltingallowance and T.A. to the sub-staff who had attended thewritten test and interview for promotion to clerical cadro heldin 1990 and the union agreed to withdraw the case in thisregard settled out of court.

5. Appointment on contract basis—Management explainedthat they have no idea to continue the practice of appointing

retired hands on contract basis. But, in view of the acuteshortage of hands and the exigency of service the managementis constrained to make certain temporary appointments untilthe staff position ia improved. Postal f'ir discussion in ihenext meeting.

6. It is agreed to withdraw all pending catcs us staled inthe Annexure.

It is further agreed bv both the parties that if any diaputuor issue arise in future the same should be amicably settledby mutual discussion1; In a cordial atmosphere.

Dated this Ihe 29th day of January, 199?.

Fci Lord Krishna Bank Ltd.

1. Sri K, Baburnjan, General Manajief Si]/-

2. Sri K. G. Joseph, As«it. General Manager Sd/-

(Establishment)

3. Sri K., O. rose. Chief Manager (Personnel! Sd/-

1-or Lord Krishna Bank Employees Union

J Sri 1'. M. Joseph Sd/-Pretident

2, Sri V, P. Kamath Sd/-General Secretary

3. Sri S. S. Pillai Sd/-Secretary

A Sri M. T. John Sreeni Sd/-Organising Secretary.

Statement of cases .pending befoie various courts eoverec1 by the settlement dated 29-1-1993

(a) Before the Central Government Labour Court, Eranakulam

Sl. Csse No.No.

1. CP 18/89 (C')

2. " 19/89 (C)

3. *' 22/89 (C)

4. "' 23/89 (C)

5. " 25/89 (c)

6, " 26/89 (C)

7, " 31/89 (C)

8. " 34/89 (O

9. " 36/90 (C;

10. " I.D. 3/91 (C)

Petitioner

Mr. C H . Narayana PaiQnh-stnffLJUU 3LU-1'

'" S. Suresh' Temp, peon

" K. Narayana Prabhu

" K.P. Suresh

•' K.V. Sunil Kumar

'" P.R. Suresh Kumarpart-time sweeper

"' P. Raju

" K, KrishnanandanPart-time sweeper

"• CM. Narayana PaiSub-staff

LKB Employees Union

(b) Before the Industrial Tribunal Quilon

1. ID 23/91 (C)

2. '• 29/91 (C)

3' " 39/91 (C)

4, " 31/91 (C)

LK.B Employees Union forMr. P.L. MartinLKB Employees Union forMr. Sreenivasa PaiLK B Employees Union forMr. V.M. Cherian & Mr. GoluHas

LKB Employees Union forMr. P.Raju

T. D. 29/91(C), 30/91(0 and 31/91(C) at Camp Court: Kottayam

(c) Before the Centra! Government Labour Court, Quilon Camp Court

1. CP57/89(C)

2. " 61/89 (C)

3. " 62/89(C) •

Mr. V.M. Cherian temp. Peon

" P.L. Martin, Temp Peon

" R. Gokuldas

Nature of claim

Arrears of wages

Arrears of bonus

Arreais of svveepini; chaiges

Arrears of bonus.

Arrears of sweeping charges

Ciise Peon/Daftary allowance-

Halting allowance to sub-stair

Re-employment

1 •

At Allcppuy.

Arrears of bonu^

1MG4 T H E G.KZE1TRQF I&DIA. : J U W E , 19,jL9ft3-/JYAISTHA 29 , 1915 [ P A R T H-~S$C. 3E(U3]


S.O. 1360.—In pursuance of Section 17 of the IndustrialDisputes Act, 1947 (14 of 1947), the Central Governmenthereby publishes the Award of the Central Government In-dustrial Tribunal, New Delhi as shown to the Annexure, inthe industrial dispute between thw employers in relation tothe management of Bank of Madura Limited nnd their work-men-; which was received by the Central Government on the26-5-93,

[No. L-12011/46/n-I.R. (11-3)1

S. K. IAIN, Desk Officer

ANNEXURE

BFFORE SHRI GANPATI SHARMA. : PRESIDINGOFFICER. CENTRAL GOVT. INDUSTRIAL TRIBUNAL,

NEW DELHI

I. D. No. 14/92

In the matter of dispute between :Zonal Secretary, Bank of Madura Employees Union,

C/O Bank of Madura Ltd., R-4, Connaught Place,New Delhi-110001.

Versus

Zonal Manager, Bank of Madura Lfri., 2877, HardhianSinph Road. Second Floor, Karol Bagh, NewDelhi-110005.

APPEARANCES :

Shri Inderjit Singh for the workman.Shri V. K. Rao for the management.

AWARD

The Central Government in the Ministry of labour vide itsOrder No. 1,-1201 l/46/91-IR(B-3) dated 12-1-92 has referredthe following industrial dispute to this Tribunal for adjudi-cation :—

"Whether the action of the management of Bank nfMadura. New Delhi, in imposing a deduction of 7days waxes for each day of strike that the workersrttnrted ro on 26th and 30th August, 1991, in nddi-lion to the wages of 2 days of strike, is; Just andlecnl 7 If not, to what relief the concerned work-men are entitled to ?"

2. The Bank of Madura employees Union has a substantialnumber of workmen as its members and was affiliated tbrouphAll India Employees Association. The said Union had serveda chart of demand to the employer management in themonlhof June, 91 which inter alia include the following importantdemands :

(i) Extension of the industry level agreement arrivedat between the Indian Ranks Association and theAtBEA to the employees of the Bank of Mndura;

Hi) Formulation of fair transfer policy;

(iii) Stoppage of violations of Computer Settlement;

(ivi Discontinuance of the practice of employment ofclerkt on casual bnsig;

<•") Ffeyjitxnt of bonus sod «BHW«U* to the Accountingyew ending 1991.

The management did not accept any of the. demands nnd theunion, therefore, conducted a strike on 24th. and 3,0th ofAugust, 90 after having informed to (ho management. Insteadof takinc. urgent, steps for the resolution of the dispute theytwearae vindictive and resorted to unfair labour practices aoddeducted & dayr additional wages for each day of strike, andft total of 16 days, for- two days strike allegedly by virtue ofthe provisions contained in Delhi Shops and EstablishmentAct. The matter was* not sorted' out nnd henco this reference.

3. The Management in it* reply benidea many, preliminaryobjections allegtd that the action of th* management wn* fuJlyjustified

4. Tho matter was fixed for filing of documents, by- the par-ties whon the parties started negotiations and ultimately it wassettled. The management representative illed an applicationchat the amount so deducted has since been refunded to theworkman and the management had retained the amount forabout 1-1/2 year from Delhi and w«re entitled to suitablecnmpwflatioB.

5. I. have heard repreienlatives for .he partie* and hovepone through the record.

6. Since the amount deducted ha* already been refundedby a mutual settlement between the parties there seems to beno ground to allow any compensation in the form of interestetc. because that has to be allowed while deciding tho disputebetween the parties and here the matter has been settled andtho dispute is not being decided on merits. I, therefore holdthat no dispute eexists between the parties now and a No Dis-pute nward is given in this case, he Management shall payRs. 250/- as costs of this litigation to the workman.

22nrl March 199.1

GANPATI SHARMA, Presiding Officer

New Delhi, the 31st May, 1993

S.O. 13ft 1 -—Whereas the Central Government is satisfied(h^( tho public interest requires that the Security Paper Mill,Hoshangabad, which is covered by item 21 of the FirstScheduln to the Industrial Disputes Art, 1947 (14 of 1947),should be declared to be a public utility service for the pur-poses of the said Act;

Now, therefore, in exercise of the powers conferred by s.ub-clause (vi) of clause Cn) of section 2 of the- Industrial DisputesAct, 1947 (14 of 1947), the Central Government hereby dec-lares with immediate effect the said Industry to he a public

iS95

utility service for the purposes of the suid Act lor a petiodol ai\ months.

[No. S-11017/10/81-U.KA)]

S. S. PRASHER, Under Secy.


S.I. 1362.—In pursuance ol Section 17 of the IndusliialDisputes Act, 1947 (14 of 1947), the Central Governmentbcitbv publishes the award of the Industrial Tribunal, TamilN;idu, MudrHs as shown in the Annexure, in the industrialJi^pi.e between the employers in relation to the managementoi "luiicoj.n Port Trust, Tuticorin and their workmen, whicliv,.iv K'ceivcd hy the Central Government on 25th May IOL'3.

|No. L-440IJ/1/89-1R (Misc.)l

B. M. DAVID, Desk 0,'hcer

ANNEXURK

HhK'JKi. 'I Hi: INDUSTRIAL TRIBUNAL, IWMiL NAIJUMADRAS

Thursday, the 29th day of April, 1993

I'lO-rl :

"tHiKU M. GOPALASWAMY, M.Sc, U.I,., IndustrialTribunal.

INDUSTRIAL DISPUTE NO. 103 Of 1989

lit' the matter of (he dispute for adjudication under Sec-tion IO(l)(d; of the Industrial Disputes Act. ><->47between Ulc workmen and Ihe Management ol' I~ufi-coiin Port Trust, Tuticorin.).

BETWEEN

The Workmen represented by

The General Secretary,

The Tuticorin Port "Mariners & General Sta:IT Union, No.22 A I't-ricia Street, Tuticorin-628 001.

AND

The Chairman,

Timcorin Port Trust, Administrative Office. Tulicorin-ft2SC04.

RI I-I.RLNCB :

n r j e r No. L-440M/1/89-TR (Misc.), dated 7-1M989 cfthe Ministry of Labour, Government of Tndia, NewDelhi.

1 he dispute cumins on for final hearing on Tuesday, thefith day of April, 1993 upon perusing ihe icfcrcnce, claimi,nd tounter statements and all other material papers oti re-cmiJ and upon hearing the arguments of Thiru G. Baliram,Atil'ionseil representative of the workmen and of fhiruvLLlar-yn) ,M. Vtnkatachalapathy and M. Sriram, Advocates appearingfoj- the Motiapement and thi> dispute' huvini: stoo.l over tillthis day of oonsideration, this I'rihunal made the foilov.ini;,

]2fiR Gl/93—9.

AWARD

This dispute between the workmen and the Management ofIhe Tuticorin Port TrusL, Tuticorin, arises out of u referenceunder Section lO(l)(d) of the I. D. Act, 1947 by the Govern-ment of India, in its order no. L-44011/1/89-IR. (Mtsc). dt.7-1 1-S9 of the Ministry of Labour, Govt, of India, for ad-judication <_f the following issue :

"Whether the Management of TuticDi'n Port Trusr is jus-tified in revising the ratio tor promotion of LDCsas UDCs from 3 : 1 to I : 1. If not, to what reliefthe concerned workmen are entitled V"

(2) The Petitioner slates as follows :—A settlement wasreached before the Assistant Labour Commissioner betweenthe Poit of New Tuticorin Staff Association and the MautiKC-ment on fKine the ratio of promotion of L.D.Cs as U.U.Csas 3 : 1 instead of 1 : I for promotion based on ,'cniority of1. D.Cs as against promotion made on merit. To implementthis settlement dt. 21-6-79, (followed by Hoard of Trusteesdisciusion dt. 24-N-79), the petitioner union raised the demandbefore the conciliation authority. Conciliation has failed r,ndthe following question has been rcfened for adjudication :

"Whcthci the management of Tuticorin Port Trust isjustified in revising the1 ratio for promotion of f.DCsas UDCs from 3 : 1 to I : I . If not, |o wha* reliefthe concerned workmen aie entitled "''.

(3) ALUM ding to the minuies of discussion and conclusionswhich amount to a fresh settlement, the coircct ratio iovpioinonon ill L.D.Cs as Ll.D.Cs has to be m.iimaincd ns ^:1instead of 1:1. for promotion on seniority and merit le^pecti-velv. The .sfiid minutes have been agreed to by bolh side?.'I hercforc Chairman of the Port-Trust addressed a letter dt12-10-79 to the Government of India, by enclosing a copy oftils mJnines. The agreement as recorded in the minutes ha*the ellect of a settlement as directly reluttis to (eim-1 of liesettlement u/s. 12 (3) dt. 20-6-70. At tht- meeting of theboard ol' I rusiees ol* the Respondent's Cort 1 rust the agrerd3 • I latio for promotion of (lie I .D.Cs was an item in the:n,'-n<|]. The staff associalion demanded that ;ill posts ul'U. IXO must he fi!!cd by promotion of J..I).C\i without lcs'.it-iny to scloction by merit from the L.D.f~s. The Board ofTjustees has ;ippivv:d this mutunlly agreed decision for re-visinn I he ralin as 3 : I nnd rfsolvcd 'in 10 12-fcU) that a suit-able amendment has (o be made in the Schedulc-2 to

"Tntiiorin Port "I rust I;mployces-Recniitrncn( (Seniorityand Promotion) reyulalions 1071)", wi.h th? .ipfio-vnl of the Union Government.

The Chairman of the lespondcnt has also written in 1980 it-self to the Central Government seeking its appn.vai to theamendment. The resolution of the Board of Trustees whichhas app;r.ved the amendment for incornoralin;: the r;itiiiinto 3 : 1 is valid in law even without jjettmjj the approvalof the Government of India. From 19-12-198(1 the ratio of3 : 1 was uclually implemented by the Chairman by i'ivinii;75 per cent promotion based on seniority in the grade ofL.D.Cs and 25 per cent on merit, determined through com-petitive examination. Notwithstanding the settlement thftsubsequent approval given thereto by the Board at its meetingand also implementation of the ratio 3 : 1 bv the Chairman,the ratio has betn given up by reverting to die previous * Titio1 : 1 by the Circular issued by the Chairman on 10-4-1 ( 'P6.This nev.' ratio of 1 : 1 which in reality is puttins th* clocKback to the earlier system has been introduced arbitrarily bythe Ch.il: man by ignoring ihe legal validity of the ratio 3 : i ,which has already been implemented by the Chairman h :m-self. Hy promoting L.D.Cs to the post of U.D.Cs accordingio the ratio of I : 1 retrospectively the respondent has demo-ted UDCs who were already promoted according to 3 : Iratio. The demotion and reduction in seniority ni I'.D.Cshave resulted in serious anomalies. The respondent lias adop-ted the ratio 1 : 1 illegally and without giviim any noticeto ihe employees. U/s . 9-A of the 1. O. \<.-t or fenninalianthe previous settlement fixing 3 : I ratio. The settlement iead'nloiuz with the minutes of discussion jointly signed constitutea valid settlement under the r.D, Act. This cannot be \ io-lafcl by (tn; respondent under the jiiise thiit the Governmentof Indifi h.'is not approved the resolulion of tho board um-tainlnp a draft amendment to the rules for incorporating the

18% D I E G A 7 E T T T OF I N D I A : JUNE 19, 1993 / JYAISTHA 29, J 9 I 5 IPAKT Jl--Sjerr. 3- • '

idiio ? : I. "I lie petitioner submits Ih&L Hie Un'on Govern-mem's ppprovn] to the amendment nnd publication thereof inthe Ga/etU1 are not called for. The circular issued by (lieCrvirrutm I'I. 10-4-86 is in violation of Government of India,Ministry of Defence Memo No. 25/(44) dt. l5-5-1%7. It istherefore clear lhal chancing (he raiki of 3 : 1 into 1 : 1for filling up the posts of IJ.O.C by promoting L.D.C. isillccal and unjust anil that the said circular dated 10-4-86deserves to be set-aside or cancelled. An award inav be pas-sed suitably.

(41 rl he Chairman of the respondent states in the <.0iimeras follows : -Port of New Tuticorin Staff Association v, hichin now defunct threatened to stage a strike in 1979, with (heobject of pressing their demands. Conciliation piocccdintswe'ie conducted by the Asst, Labour Commissioner. Thepanics arrived al a settlement u/s 12(3j of I.D, Act con-taining the following terms :—

TT.RMS OF SKTTLEMKNT

1. It h agreed that the employees will accept (he in-teiijn relief of Rs. 100/- per month per individualwith effect from 1st April. W!) already offered byI he Poit Trust Administration. The Port adminis-tration on its part will make necessary ctfoits togel the decision of the Government at ihe ciliesl.

2. rI he amount so paid will be subject to adjustmentas soon as (he Government's decision is announcedregarding the extension of Wipe Revision Cnnimil-lec recommendations to the Tuticorin Pori Trust,

3. It is agreed that the parties will fur/her discuss thedemands/grievances referred to in the minutes ofdiscussions appended herewith aud mutually discussthe other items locally with a view to IInd oul scopefor amicable settlement of the said issues/grievances.

Fallowing this settlement providing for further negotiations,the lespcindent and the staff association held discussions on9th, 23rd and 24th August 1979 which specific agenda. Theassociation warned appointment of U.D.Cs by making 100 percent promotion of L.D.Cs on seniority basis without holdingexaminations. The association aimed by changing 'he thenexisting rule Ihat provided 1 : 1 ratio tor giving promotionon ?enioiity and merit. The record of minutes of discussionsand conclusions signed on 24-8-79 cannot be considered as asettlement contemplated by Sec, 12(3) settlement dtThe decisions recorded in the minutes cannot he given theslalus of a Sec. lfi(l) settlement. There-love, even though theconclusions have accepted the ratio of 3 : 1 (he sam? hasto he incorporated in the recruitment regulations by makingan amendment that 3 : 1 ratio shall replace \ \ 1 ratio.The said amendment can be made by the Central Governmentu/s 124 of the Major Port Trusts Act 1963. Hence the conten-tion that there is an enforceable settlement in favour of 3:1ratio, by abolishing 1:1 ratio is unsound and untenable. Thereference itself is not factually correct. The Chairman of PortTrust has implemented the ratio of 3:1 as accepted at thebilateral discussions and also approved by th? Ror.rd ofTrustees only on an adhoc basis and in anticipation that theGovernment of India would approve and male the amend-ment in the recruitment rules. But ihe Union Governmentrefused to approve the amendment to bring 3:1 ratio till1986 and therefore the Chairman was forced to give effect tothe approved rules and reject draft flrnendme.it providing 3:1ratio and thus he reverted back to the implementation of. 1:1ratio in promoiion and consequently persons already promo-ted on seniority basis had to be demoted. However, the draftamendment proposing 3:1 ratio had come to be approvedfinally by the amendment proposing 3:1 ratio has come to beapproved finally by the Government of India, w.e.f. 21-9-87,The present reference is itself contrary (o factual position.The I.D. is liable to be dismissed.

(5) The point foi consideration is as follows ;--

J. Whether the action of Ihe management of the res-pondent and its Chairman in adopting (he ratio 1:1by abandoning the ratio 3:1 in fii,ving promotion^to L.D.Cs with retrospective effect from 1979 th rougha circular dated 10-4-86 is justified and lawful ? If

not, to what relief, the concerned uoikmen .i''e en-titled to?

(fi) J he Point :—The dispute is over changing ot the latio3:1 into 1:1 for promoting lower division clerks to the pui'jof upper division clerks through promotion based on souioui>subject to rejection of the unfit and promotion based on nieniassessed through competitive examination t.> be taken !\v ill-lower division clerks. Formerly, Tuticorin Minor Perl Tru iLand Tuticorin New Port Trust were two Jillerent JV; ", •polls under the administrative control of tho Union Govern-ment. From 1-4-79, (he two ports have been lT.er.qed ai 1 uti-cmin New Port governed Major Port Trust Acl. Wh.;1; !d:-CentMl Government directly controlled the tv o criK|Tui'eminor pori'i before their merger, the recruunKiil rcgul'j("oi-provided that 75 per ce'nt of the posts of U.D.Cs :-,h.i!l I.etilled :n b> promoting L.D.Cs on scniuritj basis whi'e tii;remaining 25 per cent posts shall be filled up by competil'vaexamination for ail the L.D.Cs, and selection by nverit- Thisis vli.it is calkU 3 : 1 ratio for promoting I..O.C- niC D Cs. Thi'. uitio giving 75 per cent of the posls of U.D.C,by i irtuc of scniorilv has been altered by the TLII'-OMINew Port Tilist in April, 1979 into 1 : I uhich gives unlv50 pci LL-nt of the posts of U.D.Cs on the biiMs ol scni^-r.iy in Ihe grade of the L.D.Cs. The Association reserved, andobjected to the ieduction of (he quota ot posts Fvaibbl:f o r t h e L . D . C s a n d d e m a n d e d t h a t i h e r a t i o b e I - J ' • ' v u i l

as 3 : 1. E\. W-8 duted 29lh June, 1979 is a section 12i3)settlement comoming an agreement that the demand forchanging the ratio rcgaidmg promoiion of LDC, wh A i?deman'd No. 8 and otner demands should be negotiated X-J'"arming at an agreed settlement mi refixing the ratio. Ao:o. J-ingly, mutual discussions v.cre held on 9th August, I :'7">\2.1 rd August, 1979 and 24th August, 1979. l-xtracf of th-minutes of tliscussiors and the conclusions arrived :,l i~marked as l-\. W-ll. On the question of 'atio, both •'•&:;agreed to eliminate 1 : 1 and adopt 3 : 1 as striled inpage 2 of Ex. W-ll. Parties representing the workers andthe management have signed the minutes Ex. W-ll. Thisagicement reached after negotiation was examined by tlieBf ard of Trustees of the Port Trust at a regular meeting heldon 19th December, 1980. A note prepared by Ihe Chaiiimrtto be placed before Board of Trustees, marked as Lx. W-12is reproduced as follows :—-

"The Posts of the Upper Division Clerk may be filled upby promotion on seniority (basis) subject to ieje:'L'<:of the unfit and by departmental examination (rn^iitquota t, in the ratio 3 : 1".

The Board being conscious of the necessity to amend tiu1

Recruitment Regulations, 1979 has proposed draft amendment*to the Rules and decided to seek approval of the Central Gcw-crnment which was necessary under section 124 r/w S-ctk-n 28of the Major Port Trusts Act. The minutes of the Board ofTrustees meeting on 19th December, 19R0 is Ex. W-13. Theboard has in Ex. W-13 approved the draft amendment I;* td;rules.

(7) The Petitioner-Union has aigucd that this dcciMurt of.the Boarj of Trustees which has approved the conclusionsreached between the Management and the Union as st^ci iul.x, W-ll is clear proof of a mutual settlement which rmislbe deemed to have come under section 12(3) of the IndustrialDisputes Acl in as much u, the conclusion is a corollary i'i aJ-junct to Hx. W-8 .settlement paving the way for further nego-tiation. Hence the petitioner contended that the conclusonin favour ol re-fixing the ratio as 3 : 1 for filling up HisU . D . C . posts from 1979 is a lawful settlement conliimint;to the definition of settlement given in Section 2(p) of theIndustrial Disputes Act. The only omission alleged by icspr.n-CILTIL in fulfilling the requirements or characteristics of a settle-ment that n copy of tlie settlement has not been foruji.kdto the officers mentioned in Section 2ip) and S. 12(3).

(8) The Chairman of the Port Trust has address! t^e

Union Government to give approval to the amended idtriff)rule and have it published in the gazette in oilier to lecihi-thi; settlement recorded in Fx. W-ll minutes for implemen!inir3 : 1 ratio. It is common case that with the hope' of obtaining:Central Government's clearance of and concui re'nee witti ttisamendment, the Chairman did fi'Ve effect to the ratio from1980 onwards by filling up 75 per cent of U.D.Cs posts bvpromoting L.D.Cs on seniority basis 'and the remaining-25 per cent c.f posls by assessing merit through a competitive

iS97

examination. Having made Promotions in this manner fromiy/y to lytib llie Ciiairman has suddenly revised the formula,and gave promo lions on the basis ol 1 : 1 ratio with retros-peciive ettect, cancelling all the earlier promotions made on the:basis oi i : 1 and in lhat process he hus either demoted thepromo ice U.D.Cs or reduced their seniority ranks and theic-Dy unsettled the promotions made between iy?y and 1986,to tfic detriment or these promotees who came under the senio-rity quota of 3 : 1 (.75 per cent against 25 per cent). Theseshifts in the factual position in a chronological ordei statedhereunder can help easier understanding of Ihe matter in dis-pute.

1-1RST STAGE : Before the merger of the minor port olTuticorin and New Poit of Tuticorin which took place on1st April, 1979, the Shipping Ministry of the Central Govern-ment was in direct control in the' absence ol a major porttrust. Prior to 1st April, 197y the ratio 3 : 1 was observedby the Central Government in tilling the posts oi U.D.Cs bypromoting L.D.Cs.

SECOND STAGE : Now the merger of the two ports intoTuticorin New Port coming under the purvie'w of Major PortTrims Act has taken place with a Board of Trustees takingover the reins of the major ports' administration. The Boardof Trustees is empowered u/s 28 of the' Major Port TiustsAct to make regulations or rules in respect of appointment,promotion etc. S. 124 of the same act enacts that any suchregulations or rules can have1 effect only after they get approv-ed by the Shipping Ministry of the Central Government andthe said approval gets published in the Gazette. While so, theboard changed the' pie 1st April, 1979 rule giving 3 : 1 ratiointo J : 1 which has the effect of reducing the quota ofpromotees on the basis ot seniority, in the grade of L.D.Cs.This new rule effective from 1st April, 1979 is one' approvedby the Central Government.

STAGE NI : However the new approved rule prescribing1 : 1 ratio to become operative from 1st April, 1979 was notallowed to be implemented by the workman (L.D.C.) vehe-mently opposed to the ratio. This resulted in negotiations lead-ing to the settlement u/s. 12(3) Ex. W-8 and another settle--ment couched in the form of conclusions reached in thecourse of discussion, a:: recorded in the minutes Ex, W-ll. Wehave already seen lhat (he: board of Trustees has acceptedFx, W-ll agreement as true and gave their approval theretoand the Chairman wrote to the Central Government seekingthe Government's approval u/s. 124 of the Major Port TrustAct, vide Ex. M-10 dated 10th March, 1981.

STAGE IV : In view of the agreement Ex. W-ll theBoard's approval and the anticipated approval to be given bythe Central Government the Chairman filled up the post ofU . D . C . by adopting 3 : 1 ratio and hereby keeping theapproved rule providing 1 : 1 ration in abeyence. Thus, 1 : 1ratio even though ordained by the approve^ rule was givena go-by even in 1979 because the management of the NewPort Trust has accepted 3 : 1 ratio for all practical purposesand filled up the vacant posts of U.D.Cs by giving 75 percent of the posts to the seniors in the grade of the L.D.Cs.This implementation of 3 t 1 ratio by ignoring 1 : 1 ralio,has been made continuously upto May, 1986.

STAGE V and LAST STAGEv The anticipated approvalby the Central Government that Is, Shipping Ministry has notbeen given between 1980 and 1986. Uusing this delay, which isinordinate, (he Chairman of the Port Trust has deviated fromthe agreed and accepted ratio of 3 : 1 and suddenly honouredthe approved rule of 1979 which provides 1 : 1 ratio, on theplea that the Chairman cannot flou.t an approved rule anylonger and the Merit quota of 50 per cent (1 : 1) should betilled up retrospectively from 1979. This stand of the Chair-man is reflected in his policy note file Ex. M-15.

(9) A raaior lacuna found by the respondent in the agree-ment or settlement contained in Ex. W-ll is that it fails tomeet the incredienK of a settlement as defined in the T.D.Act. The agreement I believe is a direct and logical off shootof the oarlier Sec, 12(3) settlement Ex. W-8. A few otherdemands have been actually discussed in the presence of theConciliation Officer as shown by Etx. M-4. The agreement on3 : 1 ratio is the only one item not directly arrived at in thePhysical presence of the conciliation officer on 24th August,1979 vide Ex. W-H. B«| H iBbsiance, the authority of theconciliation officer in very much implied in the entire course

1268 GI/93—10.

of the discussions and Ihfi very fiOUiCfi or origin of the settleint'iii tuicd 24th August, 1.979 (Vide Ex. W-ll). is Voidedty ^ec. 12(3) settlement Ex. W-8. Above ail, trie ttgLeemenlon j : J ratio tius been honoured in practice uv the Chaii-iiijn ul the Poit Trust for above 8 years without ihe: uppiovidoi the Union Government. Failure of the Union Governmentlu consider the request made in Ex, M-10 icttei Uaied iOttiMarch, lybl that the diaft amendments ue uppiovcu theMinistry of Shipping is a clear case of the evil or rcU-Up^mand icthary. Ali the relevant facts have been summaru'J inEx. M-5 letter sent by ihe Union to the Asst. Labour Com-missioner (Centra) j Madras. Parai-7 ot the Ex. W-5 recites thata cupy of the agreement dated 24th August, iy?y (tx. VV-lJ;was sent to Hie Ministry and Che AS^L. Labuur Commissioner(L) Madras by the Port in its letter NO. F-l/4412 '/y-A datedJ2th October, iy?0. I his assertion Dy the Union hus not beendenied by the Respondent. 1 therefore, persume and concludelhat copy of the agreement prescribing 3 : 1 ratio oy droppingJ : I nas been icnt to the Authorities contemplated in Section 2(,p) and Section 12(3) of the l.D. Act and ihercioieit dcseive's to be ticated as a valid settlement capable of en-lorcemcnt even >n the absence of formal approval by the Cen-tral Government under Section 124 of the Major Port TrustAct, Itfh3, In any view of the matter it must be dcemded toVe a valid settlement in as much as it has been rightly imple-mented by the Chairman between 1979 and 1986. Theiciore,it is not open to the Chairman of the Port Trust to devinti:from ihe settlement Ex. W-ll taking umbrage un^cr the delayin according approval by the Central Government and changethe pniiern ot proinoii&u arbitrarily. 1 lie Chairman withoutany direction from the board of Trustees cannot review thelegality of 3 : 1 ratio, brand the promotion on that basisas ad hoc and make a volte-face. It is interesting to notethat the Central Government has finally approved on 29thJanuary, 1987 vide Ex. M-ll notification, the settlement asembodied in the draft amendment to the regulation pres-cribing 3 . 1 for promotion of L.D.Cs, It is thtrefore clearthat the Chairman's order/orders under which he has givenretrospective promotion including some prospective promo-tions, if any to the L.D.Cs on the basis of merit against .50 per cent vacancies and thereby divested the seniority-based promotees, of their promotion and ranks in the gradeof U.D.Cs are illegal. As a result, it is bijt necessary tocancel all the promotions given by the Chairman on thebasis of merit against 50 per cent vacancies, namely, 1 : Jratio and protect the interests of U.D.Cs already promot-ed as such against 75 per cent quota on the basis of senio-rity ot I .D.Cs. It follows lhat revised promotion or re-vised seniority ordered by the Chairman in terms of Ex.W-7 tmd l.'t. M-15 giving .more posts to the merit quota jscontrary to the settlcrhent Ex. W-ll which is line, validand lawful and which cannot be wished away by the ICS-pondent or even by the Central Government.

(10) After giving promotions on the basis of accepted3 : 1 ratio between iy-12-80 and 9-4-86, the respondent orthe Chairman thereof cannot turn the tables arbitrarily. Inany view, in action on (he part of the Central Governmenttill September, 1987 (the date of Ex. M-ll) does not meannegation of Hx, W-ll settlement, or draft amendment tothe rule, by the Central Government. We cannot read inSection 124 ol the Major Port Trust A a any power con-ferred on the Central Government to over ride a settlementsuch as Ex. W-ll which has all the attiibutes of Section12(3) settlement. After considering the facts appearing inthe evidence and the position of law, I find on this pointthat all actions of the Respondent-Chairman relating to pro-motion of lower division clerks as upper division clerks onthe basis of the 1 : 1 ratio, reversion of already promotedcandidates and preparation of revised seniority list of U.D.Cson the basis of 1 : 1 ratio are illegal and liable to be setaside. The Respondent has vainly characterised the referenceor lather the form of the question referred to as factuallyincorrect or meaningless. The question referred to is nodoubt improperly worded but its meaning is ppparenf. Thequestion pertains only to the actions of the Chairman asreflected in his circular dated 10-4-1986, The point whichI have formulated for determination reflects the correct

meaning of the reference.

(11) In the result, an award is passed declaring lhat allactions taken by the Respondent and its Chairman withregard to promotion of lower division clerks by adhering to1 : 1 ratio on the basis of Ex. W-7 circular dated 10-4-1986ara invalid and that all the promotions effected on the biv'i

1898 THE GAZETTE OF INDIA : JUNE 19, 1993/JYAISTHA 29, 1915 [ P A R V M I - S E C J ^

of 1 - 1 ratio from 1-4-1979 onwards shall remain valid andeffective for all purposes and that the ratio 3 :1 shall beimplemented until it is lawfully changed by a fresh settle-ment. No costs.

Duted, (his 29th day of April, 1993.

THIRU M. GOPALASWAMV, Presiding Officer

WITNESSES EXAMINED

For Workmen :

W.W. 1 : Thiru M. Ravindran.

For Management:

M.W. 2 : Thiru K. Manthiramoorthy.

DOCUMENTS MARKED

For Workmen :Ex W-l/27-6-88 : Letter from Petitioner-Union to the

Asstt. Labour Commission (C), Trivandrum (Copy).

\V. 2/4-7-88: Letter from Petitioner-Union to the Asstt.Labour Commissioner (C), Trivandrum (Copy).

W. 3 /22-7-88 : Copy of Minutes of discussion held in thepresence of tho Asstt. Labour Commissioner betweenthe Union and the Port Management.

W 4/11-4-89: Copy of conciliation proceedings heldu/s 12(4) of the I.D. Act, 1947 by the Asstt. LabourCommissioner between the Union and the Manage-ment.

W. 5/11-4-89: Letter from Petitioner-Union to the A.-'stt.Lnbour Commissioner (C)-l, Madras (Copy).

W. 6/19-6-89 : Conciliation Failure Report (Copy).

W, 7-9/10-4-86 : Circular issued by tho Chairman Tuti-corin Port Trust regarding promotion to the Postof Upper Division Clerk (Copy).

W. 8/29-6-79: Memorandum of settlement u/s 12i3) ofthe I.D. Act, 1947 between the workmen and th«management arrived at before the Asstt. LabourCommissioner (Central)-I Madras. (Copyi.

W. 9/5-7-79 : Letter from the Chairman, Tuticorin PortTrust to the Secretary to Government of Tndia,Ministry of Shipping Transport, New Delhi ("Copy),

W. 10/12-10-79: Letter from the Management to theSecretary to Government of India, Ministry of Ship-ping Transport, New Delhi. (Copy).

W. 11 : Copy of the extract of the minutes ofthe record of discussions between the Pori Manage-ment and the reprcsentaives of the Port of NewTuticorin Staff Association.

W. 12/19-12-80: Copy of the Agenda No. 7 of theBoard of Tiustees.

W, 13/19-12-80 : Copy of tho minutes of meeting No. 9of 1980-81 of the Board of Trustees.

W. 14 : Extract of section 2(p) of the I D .Act, 1947 (Copy).

W. 15/4-1-81 : Extract of section 26 of settlement arriv-ed at between All India Port and Dock Workers'Federation and 3 oUiers and Government of India,Ministry of Shipping and Transport (Copy).

W. 16/11-4-84 : —Extract of Section 23 of settlementarrived at between All India Port and Dock Wor-kers' Federation and 3 others and Government ofTndia, Ministry of Shipping & Transport (copy).

W. 17 Copy of Seniority list of Upper Divi-sion Clerks as on 1-4-83.

W. 18 : Copy of revised seniority list of U.D.C.as on 1-4-83.

w - l g •' Tamil Nadu Gazette Notification—Part III, Section 2, dated 30-4-1980 (Xerox Copy).

W 20/26-4-90 : Memorandum issued by Deputy Chair-man, Tuticorin Port Trust to Thiru G. Thangapandy,Overseer (Copy).

For Management:

Ex. M. 1/22-3-89 : Letter from Management to the Asstt.Labour Commissioner (Central)-!, Ministry ofLabour, Madras regarding promotion to the post ofUpper Division Clerk (Xerox copy).

M. 2/15-6-79 : Letter from PNT staff association, Tuti-corin to the Port Management proposing to call astrike (copy).

M. 3/18-6-79: Telegram from Port Management to thoAsstt, Labour Commissioner (C), Ernakulam (XeroxCopy).

M. 4/9-8-79 : Minutes of discussion held before th*Asstt. Labour Commissioner (Central)-I, Madras be-tween the Tuticorin Port Trust and the Port ofNew Tuticorin Staff Association, Tuticorin (Xeroxcopy).

M. 5 : Extract of Article 29 of Rules for Exa-mination for L.D.Ss (Xerox copy).

M. 6 : Copy of Major Port Trusts Act, 1963(38 of 1963) as amended vide MPT (AmendmentAct), 1982.

M. 7 : Extract of Section 28 of Major PortTrust Act, 1963 (Copy).

M. 8 : Extract of Section 124 of Major PortTrust Act, 1963 (Copy).

M. 9 : Extract of Para II of Appondix 29 ofCSR Volume 111 (Choudri's compilation) (Copy).

M. 10/10-3-81 : Letter from the Management to theSecretary to Government of India, Ministry of Ship-ping and Transport, New Delhi for approval of draftamendments to Tuticorin Port Trust Employees(Recruitment, Seniority and Promotions) Regulations1979 (Xerox)

M, 11/21-9-87: Xerox copy of iho Gazette of IncliaExtraordinary Part II, Section 3(i) Publishing Noti-fication of the Tuticorin Port Trust Employees (Re-cruitment, Seniority and Promotion) Second Amend-ment Regulations, 1987.

M. 12/14-8-86 :- Chairman's order at 15 and 16 of Notesfile No, S-1/7/86-E. II to follow approved Recruit-ment Rules (Xerox Copy).

M. 13/17-4-86: Representation by Thiru V. Govincla-sv/aray, L.D.C. to the Management (Xerox copy).

M. 14^27-4-86 : Representation of Thiru P. Murugan,L.D.C. to the Management (Xerox Copy).

M. 15/15-11-86: Note filed to the Management (Xeroxcopy).


S.O. J 363.—In pursuance of Section 17 of the In-dustrial Disputes Act, 1947 (14 of 1947), the CentralGovernment hereby publishes the award of the CentralGovernment Industrial Tribunal, Bombay No. 1 asshown in the Annexure, in the industrial dispute bet-ween the employers in relation to the management

1899

of M[s. Jivika Agencies Bombay and their workmen,which was received b> the Central Government on25th May, 1993.

[No. L-31011|4|90-TR(Misc.)]B. M. DAVID, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IN-DUSTRIAL TRIBUNAL NO. 1, AT BOMBAY

PRESENT :

Justice Shri R. G. Sindhakar, Presiding Officer.

Reference No. CGIT-l|30 of 1990

PARTIES' :The Employers in relation to the Management of

Mjs. Jivika Agencies, Bombay.AND

Their Workmen.

APPEARANCES :

For the Employer—Mr. Advani, Advocate.For the Workmen—Mr. Wagh, Advocate.

INDUSTRY : Port & Dock STATE : Maharashtra

Bombay, dated thel3th May, 1993

AWARD

The Central Government by their letter dated 25thApril, 1990 addressed to this Tribunal made thereference to the effect :

"Whether the demands contained in letter No.TD]31]2614|89 dated 09-10-1989, addres-sed by the Transport & Dock Workers'Union to M[s. Jivika Agencies, 299, NarshiNatha Street, Masjid Bridge, Bombay-400009 (copy enclosed as Annexure I) arejustified ? If so, what relie the workmenconcerned (Names given in Annexure II)are entitled to ?".

The Workers' Union filed the statement of claimand the Jivika Agency filed its Written Statement.

My learned Predecessor framed Issues on 08-11-1990as under :

(1) Has this Tribunal jurisdiction to proceedwith the adjudication for the reason that

(i) Labour Court is the only proper forum toentertain the matter and | or

(ii) that the Central Government is not theappropriate Government ?

(2) Is the retrenchment of the 13 workmen de-tailed in Annexure TI to the order of refer-ence illegal and unjustified ?

(3) If the answer to Issue No. 2 is in the affir-mative, what reliefs are the workmen en-titled to, regarding reinstatement and back-wages 7

(4) Is the settlement dated 26-06-1989 bindingon the Management ?

(5) Relief and costs ?

Meanwhile a settlement signed by the AssistantSecretary of the Transport and Dock Workers' Unionand the Constituted Attorney of M|s. Jivika Agencies,dated 8(.h February, 1993 lias been filed.

The Advocates of both the parties have also:affixed their signatures to the said settlement. As aresult of the said settlement, reached between theparties, it is not necessary to answer any of the Issues.

The said settlement is favourable to both the partiesand they recommend the acceptance of the same, and1 am also assured by their learned advocates. Underthe circumstances, the Award in terms of the settle-ment. No order as to costs.

R. G. SINGHAKAR, Presiding Officer

BEFORE THE PRESIDING OFFICER, CENTRALGOVERNMENT INDUSTRIAL TRIBUNAL NO. 1

AT BOMBAY

Reference No. CGIT 30 of 1989

BETWEEN

Employers in relation to the management 61]M|s. Jivika Agencies, Bombay,

AND

Their workmen.

MAY IT PLEASE YOUR HONOUR,

The Government of India has referred the indus-trial dispute raised by the Transport & Dock!Workers' Union, Bombay, with regard to the retrench-ment of 13 workmen, namely—

(1) Mr. Marcus Parkhe,

(2) Mr. Jatin Gondia,

(3) Mr. Kamlesh Shah,

(4) Mr. Vinayak Dhamne,

(5) Mrs. Suvidha Karnik,

(6) Mrs. Marriama Joseph,

(7) Mr. V. D. Suryavanshi,

(8) Mr. R. T. Yadav,

(9) Mr. Balwant Jadeja,

(10) Mr. Ramchand P. Mandavkar,

(11) Mr. Ganpat Mandavkar,

(12) Mr. Anant Mandavkar,

(13) Mr. Ramchandra G. Mandavkar.

The Union and the Company have filed their statS*ment of claim and written statement, respectively,before this Honourable Tribunal of all the claimsarising out of the said retrenchment of the said tfifitteen workmen.

1900 THE GAZETTE OF 1NDJA : JUNE 19, 1993/JYAlSTHA 29, 1915 [PAET II—SEC. 3(ii)]

The parties have carried out negotiations amongstthemselves. The Union and the Company have ar-rived at an amicable settlement oa the following termsand conditions :—

TERMS OF SETTLEMENT

(1) The Company agrees to pay a sum ofRs. 2,04,562.00 (Rupees two lakh fourthousand five hundred sixtytwo only) collec-tively to all the workmen indicated above,as and by way of ex-gratia payment inclu-ding dues payable to each of the employeesmentioned in the respective letters ofretrenchment, being a total sum ofRs. 2.04,562.00 as indicated below :—

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(U)

:i2)

;i3)

Mr. Marcus Parkhc

Mr. Jatin Gondia

Mr. Kamlesh Shah

Mr. Vinayak Dhamne

Mrs. Suvidha Karnik

Mrs. Marriama Joseph

Mr. V.D. Suryavanshi

Mr. R.T. Yadav

Mr. Balwant Jadeja

Mr. Ramchand P. Man-davkar

Mr. Ganpat Mandavkar

Mr. Anant Mandavkar

Mr. Ramchandra G. Man>davkar

Rs

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

. 3,976.50

3,534.00

9,074.00

13,321.50

4,969.50

13,378.50

12,477.00

13,134.00

48.564.00

16,596.00

19,243.00

40,684.00

5,610.00

Rs. 2,04,562.00

The parties agree that the amount ofRs. 2,04,562.00 is collectively to be paidto all these workmen in such a manner asthe Union directs, provided that the totalamount does not exceed a sum ofRs. 2,04,562.00.

(2) The Union accepts that the retrenchment ofthe aforesaid 13 workmen is legal, validand justified and the workmen will have noclaim of whatsoever nature against theCompany, including any claim of reinstate-ment and or re-employment in view ofthe ex-gratia payment made to "these work-men over and above their legal dues.

(3) The Union states that the Union hat beenauthorised by the said workmen to arrive atthe above settlement and the managementshall disburse the payment as indicatedabove to all the workmen after deductingloans on their account, if any, within 15days from today.

The parties pray that an award be made in termsof the above settlement.

Bombay,

Dated : This 8th day of February, 1993.

For M|s. Jivika Agencies.Sd|-

(Hiten D. Thanker)

Per Pro. Jivika Agencies

For Transport & Dock Workers'Union, Bombay.Sd[- (illegible)

Asstt. Secretary

Sd|-J.S'. ADVANIAdvocate, B.Com. LL.B.204, Raj Kumar Building,2nd Floor, 8th Road,Linking Road, Khar,Bombay-400052Tel. : 6480703

Sd|-

S. R. WAGH,Advocate High Court,P. D'Meilow Bhavan,P. D'Mellow Road,Carnac Bunder,Bombay-400038

for Transport & Dock Workers' Union.


S.O. 1364.—In pursuance of Section 17 of the.Industrial Disputes Act, 1947 (14 of 1947), theCentral Government hereby pablLshes the award of theCentral Government Industrial Tribunal, BombayNo. 1 as shown ia the Annexure, in the industrial dis-pu'c between the employers in relation to the manage-ment of Hindustan Petroleum Corporation and theirworkmen, which was received by the Central Govern-ment on 25th May, 1993.

|No. L-3OOU|3O|91-IR(.Misc.)]

B. M. DAVID, Desk Officer

1901

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NO. 1, AT BOMBAY

PRESENT :

Shri .Justice R. Ci. Singhakar, Presiding Officer.

Reference No. CGIT—1|65 of ly92

PARTIES :

The Employers in relation to the Managementof Hindustan Petroleum Corporation1 imiled.

AND

Their Workmen

APPEARANCES :

For the Employer.—Shri Pota, Advocate.

For the Workmen.—No appearance.

INDUSTRY : Petroleum Industry STATE : Goa

Bcjmbay, the 13th May, 1993

AWARD

'Iric Government of India, Ministry of Labour, bytheir letter dated 2Fill September 1992 has made thereference to this Tribunal. The point is ;

"Whether the action of the Management ofHindustan Petroleum Corporation. Limited.Vasco Terminal, Vasco Da Gama—Goa Inintroducing one shift from 7.00 a.m to3.00 p.m. in place of two shifts i.e. from7.00 a.m. to 3.00 p.m. and from 3.00 p.m.to 11.00 p.m. for the vehicle drivers with-out issuing notice under Section 9-A of theIndustrial Disputes Act, 1947 read withRule 34 of the Industrial Disputes (Central)Rules, 3 957 is legal and justified V If not,what relief can be granted to the work-men ? '

This was received by this Tribunal in October, 1992ami notices were issued to the parties to file state-ment of claim and written statement. The noticewas duly served on the Workmen's Union, but therewas no appearance on behalf of the Union, while themanagement, was represented by the learned advocateMr. Pota. He continued to appear on behalf of themanagement and there was no appearance o.n behalfof the Union. Another notice was served on theUnion and yet there was no appearance on 12thMay, 1993 to which date The matter was adjournedand also no statement of claim was filed on behalfof th: Workmen's Union enabling this Tribunal toknow the nature of the dispute between the parties.

1208 GI/93—tl

As a matter of fact, it is obligatory on the partof the Union under the Rules Framed under theIndustrial Disputes Act, 1947 to file the statementof claim. Relevant Rule is Rule 10-B. Not onlystatement of claim co|tnplctc to be filed, but withrelevant documents, list of reliance and witnesses hasto be filed. This has not been done and thereforeit is not possible for this Tribunal, particularly inthe absence of any representative of the workmenbeing available before this Tribunal for questioning.The obvious answer to the reference is that it hasnot been sure whether the action of the Manage-ment of Hindustan Petroleum Corporation Limited,Vasco Terminal, Vasco Da Gama—Goa in introduc-ing one shift from 7.00 a.m. to 3.00 p.m. in placeof two shifts, i.e. from 7.00 a.m. to 3.00 p.m. andfrom 3.00 p.m. to 11.00 p.m. for the vehicle driverswithout giving noiice under Section 9A of the Indus-trial Disputes Act, 1947 read with Rule 34 of theIndustrial Disputes (Central) Rules, 19f>7 was illegaland unjustified, that being the position.

Award accordingly.

R. G. STNGHAKAR, Presiding Officer.


S.O. 1365.—In pursuance of Section 17 of theIndustrial Disputes Act, 1947 (14 of 1947), theCcnuul Government hereby publishes, the award ofthe Central Government Industrial Tribunal, No. 2Dhanbad as shown in the Annexure, in the industrialdispute between the employers in relation to themanagement of Indian Airlines', Patna and theirworkmen, which was receive J by the CentralGovernment on 25th May 1993.

[No. I.-llC12jl7|8l9'-IR(Mrsc.)

L-ll('12|5[90-IR(Misc.)

I-110i2|25|9O-IR(Misc.)]

B. M. DAVID, Desk Officer

191P THE GAZETTE OF INDIA: JUNE 19, 1993/JYAUTHA 29, 1915 [ P A M I I — S E C . 3(ii)j

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IN-DUSTRIAL TRIBUNAL (NO. 2) AT DHANBAr

PRESENT:

Shri B, Ram,

Presiding Officer.

In (he matter of industrial dispute; under Section10(l)(d) of the l.T>. Act, 1947.

Reference No. 12 of 1990

PARTIES :

Employers in relation to the management ofIndian Airlines, Patna and their workmanShri Mahesh Prasad Gupta.

(Ministry's Order No. L-11012:17l89-I.R.(Misc }dt. 25-4-90).

Reference No. 1? of 1990

PARTIES :

Employers in relation to the management of

Indian Airlines, Patna and th'eir1 workman

Shri Chandrika Prasad

(Ministry's Order No. L-l !012[5|9O-I.R.(Misc)dr. July, 1990).


PARTIES :

Employers in relation to the management of IndianAirlines, Patna and their workman ShriNaresh Kumar.

(Ministry's Order No, L-11012|25|90-I.R.(Mis<rjdt 27th December, 1990),

APPEARANCES :

On behalf of the workman.—Shri D. K. Jha,

Advocate.

On behalf of the employers.—Shri R. S. Murthy,

Advocate.

STATE : Bihoi INDUSTRY • Airlines

Dated, Dhanbad, the 17th May, ,1993

AWARD

The Government of India, Ministry of Labour inexercise of the powers conferred on them under Section10(1) (d) of the 1. D. Act, Ifid7 has referred thefollowing disputes to this Tribunal for adjudicationvide iheir orders referred to above.

THE SCHEDULE OF REF. NO. 12 OF 1990

"Whether the action of the management ofAirlines, Patna in terminating the servicesof Shri Mahesh Prasad Gupta, ex-Casual

Loader w.c-.f. 28-3-8? is justified. If not,what relief is the wniknun entitled to 71'

THE SCHF.DULF. OF REFERENCE NO. 17 OF1990

''Whether the action of the management ofIndian Airlines, Patna in terminating theservices of Shri Chandrika Prasad, CasualLoader w.e.f, 4-5-89 is justified. If not, whatrelief is the workman enticed to?"

THE SCHEDULE OF REFERENCE NO. 31 OF1991

"Whether the action of the management of IndianAirlines, Patna in terminating the services ofShri Naresh Kumar, Casual Loader w.e.f.1-3-87 is justified. If no'., what relief is heentitled to?"

2. All the three references named above were heardanalogous and are disposed oil by a common award.It was the common case of all the three concernedworkmen that they were under the employment of themanagement of Indian Airlines as casual labour. Theyworked for several years completing more than 24')day* in a calendar year. Hut suddenly they were stop-ped without any notice or notice pay. They wereappointed orally with the assurance that appointmentletters will be given in due course but lastly no suchletters were issued. The management issued tempo™, ypermit in proof of employment but did not regularisethe services inspite of (lie f;.ct thnt the concernedworkmen rendered the services for years together. Themanagement while terminating the services of theconcerned workmen did not follow the procedure laiddown under Section 25C of the I. D. Aclt arid theservices of the junior hands namely Jagdevan Singh,Rabindra Mandai, Rajendra Kumar and others wereretained. The management also failed to follow the rule77 of the Industrial Disputes- (Central) Rules, 1957under which it was obligatory on the part of themanagement to maintain seniority list of the workmenin respect of category and to display the same on thenotice board for employment of retrenched workmen.The stoppage of the work of the concerned workmenis retrenchment which is illegal, bad in law for themanagement failed to issue one months notice, noticepay and retrenchment compensation which are con-dition precedent to be followed under the provisionof Section 25F of the J.D. Act. The workmen arethus entitled for their reinstatement with full backwages.

3. The management filed W.S. seperately in all threereferences and the common grounds taken are asfollows:—

It wasstated that the alleged dispute is not anindustrial dispute within the meaning of Section 2(k)

1903

of the I. D. Act. The casual workmen got work tem-porarily in absence of the regular employees and theydo not have any guaranteed right of employment. Thenames of the casual workmen are not entered in themuster roll.

The employers corporation operates flight to andfrom Paina Airport but it is not possible to adherestrict time schedule for its operation dependsi upon somany factor diversed to nature, At several times thevariation takes place in arrival «nd departure of theaircrafts due to faulty weather and temperature. Itaffects the total activity of work at the airport. Thework load increases in case of clashing of flights.

Loading!off loading and cleaning of aircraft is thejob of regular nature but it looses its character assuch due 10 aforesaid various compelling circumstances.The corporation has got permanent manpower whoare in the roll for the purpose of loading)off loadingand also foi cleaning aircraft but it hat1 to be engagedpart time|daily rated|c_asualsjbadlier. for the reasonsstated above and also on account of leave replacement.Such engagements are made for specified period whichis also within the knowledge of ihc persons &o engaged.Thus the concerned workmen were engaged intermit-tently depending upon the requirement of the workwhich were of specific nature and for specific period.Therefore the concerned workmen cannot claim em-ployment as a matter of right employment. It wasi alsostated that no concened workman ever completed 240.days attendance in any preceding 12 calendar months.

It was stated that the employer corporation is astatutory corporation established under Section 3 ofthe Air Corporation Act, 1953 (being Act No. 27 of1953). Under Section 7 of the Act the principalfunction of the corporation has been noted whichamongst others is to provide safe, ellicient, adequate,economically and properly coordinated air transportservices U> the best advantage oi the people. AgainSection 45 (clause-2) (b) provides that the employerscorporation may make legulaiion relating to the termsand condition of the officers and other employees of

the corporation.

The employer corporation after having obtainednecessary permission from the Central Governmentframed three sets of service regulation. Further as perregulation 4, employers framed the Indian AirlinesRecruitment and Promotion Rules. Rule 19 of therecruitment has been set out in para-10 of the W.S.giving out the necessary qualification plus* the procedurefor appointment.

4, Apart from the common grcmndo taken by theconcerned workmen their individual cases may be sfatedas follows plus the reply submitted by the lnaoavement.

Reference No. 17J9O

Shri Chandrika Prasad is the concerned workmanwho stated to have joined the services in Indian Air-lines ut Patna, Eastern Region in the year 1380 asCanteen Boy to tun the canteen in the office of theIndian Airlines, Patna City, He. served as canteen boyfrom 1982 to 1983. In the month of June, 1983 hewas orally appointed as loader in the office of theIndian Airlines, South Gandhi Maidan, Patna where heserved till 1985. Thereafter he was transferred to PatnaAirport where he served till 3-5-89. He was terminatedwith effect from 4-5-89. He v/as issued temporarypermit (Ext. W-2 to W-2,2), But the managementdid not care to regularise his services. He was alsoissued curfew pass (Ext. W-3).

The workmen claim lhat he was issued interviewletter to appear in the interview to be held at Calcu'la(Ext. W-4). He appeared at ihc interview on 15-10-86but his case was ignored and one Shri MurlidharPandey junior to him was selected and hence suchdiscrimination. He claimed to have served the depart-ment for more than 8 years in continuous service.

The workmen alleged that he was paid less throughcash voucher although he wortcd for full time. Thedetails of which find mention in para-13 of the W.S.The workmen immediately after his stoppage took upthe matter with the Station Manager. Indian Airlines,Patna but it was of no use. Lastly an industrial disputewas raised which ended in failure giving rise to thepresent reference.

The management while giving reply to the W.S. ofShri Chandrika Prasad stated that he was never issuedwith any appointment letter and as such there was noquestion of termination of his services. It was deniedthat he joined as Canteen boy and worked as suchtill 1983. He was never appointed oyally or in writingas canteen boy or in any other capacity. It was deniedthat in June\ 1983 he was appointed as loader in theoffice of the employer corporation at South GandhiMaidan. However, it was admitted that the concernedworkman was engaged ou cisual^daDy rated|part timebasis intermittently during the year 1986, 1987, J988and 1989.

It was staged that issuance of temporary permitsand curfew pass was no evidence that the concernedworkman was an employee of tne corporation. Theconcerned workman and others were interviewed on1540-86 for the post of loader. Since the concernedworkman was not successful in the interview and sohe was not empanelled whereas Shri Murlidhar Pandeysue ceded. It was wrong to suggest that any discrimi-nation wasmade in Felecting Shri Pandey. Tt wasfurther stated that trui concerned workman worked

1904 THE GAZETTE OF INDIA : JUNE 19, 1993/JVAIKTHA 29, 1915 [PART IX—Site. 3 ( i i ) |

intermittently as casual against short fall in the perma-nent strength arising out of absentismlleave or in theevent of occasional increase of work load. But byreason of such engagement us casual he cannot haveany guaranteed right of employment.

It was denied thai thi," concerned workman put morethan 8 years ot eondinuous service and that he workedfor more than 300 days in difleient years. Actuallyhe was engaged on part time basis and he was paidaccordingly. He was not on the roil of the employer'and so there was no question o{ any retrenchment.Since il was not a Las>e of miimuanunt the employercorporation was; not obliged to follow the procedureunder Section 25G of the I. D. Act.


Shri Mahesh Prasad Gupla is the concerned work-man who was stated to have been terminated witheffect from 28-3-89. He stated to have joined the IndianAirlines in December, 1979 as loader. The manage-ment did not issue any appointment letter but issuedpermits. The workman applied for regularisation, on14-7-80 against the vacant pert but it was of no use.

It was the case of the workmen that the manage-ment in order to create artificial breakage in contin-uity of service got the name of the concerned work-man changed. The workmen protested but he wasthreatened of losing job.

The workmen appeared in the interview on4-9-86 and on the basis thereof he was appointed asful] time worker but the management did not issueany appointment letter. In this way he continued towork from 1979 to 1989, when his services wereterminated on 28-3-89. He asserted that he rendered10 years of continuous service. The details of thedays employed by him arc noted in para-17 of theW.S. and it exceeds more than 300 days in eachyear.

The concerned workman claims to have got fulltime wages till 1983 but the management withoutany reason started paying at the rate of Rs. 15\- perday from 1984 which is applicable to part time wor-ker. But the management did not issue any notice ornotice Day although the concerned workman claimedto have worked for more than 240 days in a calendaryear. The workman had taken up the matter withthe Station Manager but it was of no use

Almost the similar objection have been taken incase of Chandrika Prasad by the management. Noappointment letter was issued and so there was noquestion of termination. It was denied that ShriGupta joined the services of LA. in December, 1979.Tt was denied that he was appointed any rime orallyand he was given assurance that he will be issued

appointma.1t letter later on. Regarding the temporarypermits it was stated that the same was issued as asecurity measure that does not qualify the claim ofthe concerned workman.

Jn para-6 of the W.S. the concerned Workmanpawned i that the management failed <o regularisehim. In reply of this para the management submittedthat the claim for regularisation cannot come underthe purview of the I.D. Aet. Unless the same isespoused or sponsored by a union or by a appreci-able number of workmen, it is de/iied that the man-agement changed the name of the concerned work-man as Suresh to create artificial breakage in his con-tinuity of service. In the circumstances there was noquestion of holding out any Lhreat to him. The con-cerned workman was interviewed but he failed. Itwas denied that on the basis of any interview in Sep-tember, 1986 he w'as appointed on full time basis.The management denied that the concerned work-man had put in 10 years of continuous service.

The management further stated that since the con-cerned workman did not complete 240 days atten-dance and so there was no question of complianceof provision of Section 25 of the I.D. Act. Sincethere was no question of any retrenchment and sothe management was not to follow the procedure aslaid down. Under Section 250 of the I.D. Act.


Shri Naresh Kumar the concerned workman claimsto have joined the service in Indian Airlines Patnaon 12-2-80 as casual loader. He had an occasion toserve the engineering section in the same capacity.The workman continued to serve as casual loaderright from 1982 to 1987 but he was not regularised.He also claimed to have issued temporary peimitsand was forced to work in different names. He wasorally informed by one of the official namely ShriRajni Kant Shroff that new lands would be engagedwho will also be attending the private work of theofficers and therefore he was stooped from 1-3-87.He was also paid less wages although he claims tohave worked for full time.

The workman after stoppage had represented hiscase before the Station Manager but without anyresult. He had sent his representation to the Hon'blePresident of India and the Hon'ble Prime Ministerof India and even then he was not reinstated butthe management informed through a letter dt, 2-8-88that his case would be considered with others as andwhen the vacancies of loader will arise at Patna. Hewas also advised to get his name enrolled in theemployment exchange which he did vide registrationNo. OSB-4959J87. He also represented his case to

1905

the Calcutta but all proved fruitlcrs. Like other con-cerned workman he also stated that after his stop-page some new hands all junior to him were retainedby the management. The. management also appoint-ed a number of fresh hands but he was not givenany preference. New names of the fresh hands havebjen noted in para-27 of the W.S.

The management claimed that Shri Nir.esh Kumarthe concerned workman was never issued any ap-pointment letter and SQ there was no question of histermination. It is denied that he joined the servicesof employe) corporation at Patna or at any oilierplace in December, 1980 as c-»Mial loader. The storyof artificial breakage was also denied, It was deniedthat Shri Rajni Kant Shroff had ever informed theconcerned workman that new hands would be engag-ed who would also be attending the private work ofthe odiccrs. In this way the management has com-pletely denied the stands taken by the concernedworkman.

7. The question for consideration is as to whetherthe action of the management in tejniinatinjj the ser-vices of the concerned workmcu as casual loadei1 andcx-cusuaJ loader with effelc from the dates noted inthe reference was justified ? In other words whetherthe ca.ieerned workmen ?n: entitled for Over reinstate-ment and regularisation.

8. All the concerned workmen claimed to havejoined the services of Indian Airlines at Patna ondifferent dates as mentioned in the W.S. But admit-tedly they were not issued any aDpointmcnt lettersrather Ihey were issued permits. Tt is stated by themanagement that such permits are issued by w'ay ofsecurity measure. Nobody is allowed to enter theairport area without valid permit and since the con-cerned workmen were working as casual they couldnot have entered the premise without any permits.Thus the permits produced by the concerned work-man do not show that they woiked for the entireperiod. It was issued by the Civil Aviation Depart-ment and not by the management. Further the vali-dity period does not show that the workmen arercquiied to work everyday. Tt does not bear the sig-nature of the holder. These permits h;ive been m.ark-ecl exhibits in all the references. Shri M. P. Guptaadmitted in his evidence that peimanent loaders arcissued permanent cards but the casual loaders areissued temporary permits. In this way we find thatthese temporary permit. i:i i'o way TO to establish that'ihe concerned workmen ivvo rem'ar anp.'nyc'-s of thecompilation. However, this much is admitted thatthey worked intermittently as casual against shortfall in permanent strength aiixing oul of absentisrajleave or in the event of occasional increase of the

work loader. In other words they had been workingas casuals. Jt is not denied rather admitted that theyhad been working as casual for the years together.Definitely theee h dispute regarding the days emp-loyed by the concerned workmen in a year,

9. Hirst of all will take up the case of ChandrikaPrasad in Ref. No. 17|90. He was issued cuifew passExt, W-3, That vvas issued allowing hii:\ to move inthe curfew bound area nothing more- beyond that.He has stated that in the year 1986 he had filed anapplication before the authority for his regularisation.He was also called for interview (.Ext, W-4) tail hiscase was ignored and one Murlidhar Pandey juniorto him was regularised Ext. W-4 dt. 2-10-86 is thephoto copy of the interview letter for the post ofloader which was issued to the concerned workman inpursuance of his application Tt nowhere speaks forregularisation of any post. However, the copy of theapplication which the concerned workman had filedhere to substantiate the fact that he had ever appliedfor his regularisation. Since it was an interview letterfor a particular post only the suitable candidates wereexpected to have bee.i selected. That was sent for opencompetition and election of any junior was nothingvery surprising. There was nothing to show that anyfavour was shown to Slui Murlidhar Pandey. Apartfrom that it was a letter of interview and there wasno question of regularisation on the basis of anyinterview letter.

It). Shri Chandrika Prasad Mated to have notedhis own attendance and prepared sheets month andyearvvisc. Those attendance sheets have beenmarked Fxt. W-5 to W-5J2. These attendancesheets will show that concernec1 workmlan hadworked for more than 300 days in the year 1986,1987 and 1988. Rut the question is as to how thesepapers can be relied upon. It was the paper preparedonesided by the concerned workman and it doesnot bear the signatuie of any airport authority. Ad-mittedly, it was prepared in one sitting by the con-cerned workmen in the year J98r '. This does- notfird any reference in the \V. S. of the concernedworkman. In ciossexamination he claimed to havepossessed the papers showing that he worked ascanteen boy in Pa'.na city branch office but no suchdocument has been filed inspite of the fact that thisstatus of the concerned workman was challenged bythe management throwing suggestion to him. Ext.W-7 to W-7|6 are engagement particulars showinglh:it Hi;- concerned workman vas enpaged as NightGuard for few days in ihe yea- 1988 in place ofRajeshwar Prasad, the Secmity Guard and R.Prasad, Night Guard. In April. 19PH he worked ncloader foi about 6 days when permanent loaders

1906 THE GAZETTE OF INDIA: JUNE 19, 1993, JYA1STHA 29, 19.15 [P*RT TI—SEC. 3(ii)]

proceeded on leave, his position is not disputedrather it is the consistant case of the managementthat the concerned workman were engaged in leaveand Mck vacancy of permanent loaders. Ext. W-8is the letter eddessed to the ALC(C) Patna raislugindustrial dispute and Ext. W-9 is the failure Report.

U. The concerned workman haf proved engage-ment book of the Indian Airlines for the year 1985,198b and 1987 in which the attendance of the cas-ual loaders were marked. The names of tRe con-cerned workman appear in this engagement book.However, the management has challenged thegenuineness of such engagement book. Tt wasstated that they have been manufactured for v---purpose of this case. According to the managementand MW-i the ratendance of the casual loaderswere marked on plain paper loose papers and thesame were destroyed after vouchers were prepared.But thl; assertion of the management prima faciedocs not apear to me very convincing. It be notedthat the concerned workman, are working at the air-port for the yast several years as casual loaders.Definitely it is not the affairs of few days. Absentismand increase of work load are permanent featuresor the management which will always require enga-gement of casual loaders. Actually this goes toestablish the nature and character of the job. Conti-nuity of work ioi years determine its nature as towhether it is permanent or temporary. Definitely thework discharged by the casual loaders is of peren-nial nature. Even the work can be done for year'stogether. Then one cannot conceive of Idea thatthe attendance and hours of work of the workmanwill be noted on loose papers only to be misplacedor destroyed after preparation of vouchers. Itsounds something as unnatmal anti vmbelivable. Ext.W-6 scries on the other hard show the engagementof concerned workman almost everyday in the rele-vant years. The witness (WVV-1) stated that theseregisters bear the signature of Shri R. Prasad theStation Manager. Admittedly, Shri R. Prasad wasthe Station Manager duiing the relevant period.The signature of some airport authority appears atcertain places under Ext. W-6 According to the wit-ness it was signed by Shri Prasad Station Manager.I find that the management did not challenge thisfact even by saggestion to the witness that the signa-ture did not belong to Shri Prasad. I have care-fully pevsued the signature of Shri R. Prasad appear-ing on his deposition in Ref. 12]90 and 17|90 and1 compared the same with the naked eyes the signa-natuirc under Ext. W-6. I found that both the signa-tures were of the one and the same man. Tn thecircumstances I am constrained to hold that theseconcerned workmen have been working as casualloaders almost regularly during the year 1985, 1986

and 1987 and they all seem.ed to have completed240 days in a calendar year. In cross-examinationit was suggested to the wimess that the attendancesheet prepared by him (Ext. W-5) series and theattendance shown under Ext. W-6 series donot tally. However, the suggestion has been denied.For example I have counted the attendance of ShriChandrika Prasad for the month of February 19S6as noted in Jixl. W-6 which comes to 87 days. Th©same days of attendance has been noted under Ext.W-5. Anyway I have already disbelieved Ext. W-5series for it was one sided affair without any signa-ture of airport authority.

12. The witness stated that he was paid lessamount by the management but we have no docu-

ment to support this fact. The witness nevercomplained to any authority in writing. In para-2lof the W.S. it is stated that the concerned workmanwas> stopped while junior hands namely JagdevanSingh, Rabindra Mandai, Murlidhar Pandey and otherswere retained. We have no paper to show that theywere junior to Shri Chandrika Prasad and so it cannotbe said that there was any violation of Section 25Gof the ,1. D. Act.

13. The evidence of Shri R. Prasad, StationManager, Indian Airlines, Patna and Shri RameshChandra Kundu have been recorded as MW-1 andMW-2 respectively in Ref. 12(90. Since all thereferences are of Identical nature, the evidence ofMW-1 and MW-2 as recorded in Ref. 12|9O have beenordered to be read also in Ref. 17|90 and 31 [90.

14. Shri Mahesh Pd. Gupta in Ref. 12f90 has statedhis claims in chief examination. He stated to haveapplied for his regularisation in J 980 (Ext. W-2) butin cross-examination he had admitted that it was anapplication seeking job of loader in Indian Airlines.He has filed attendance shed prepared by him Ext.W-5 series but this being one sided affair cannot berelied upon He does not possess any paper to showthat he had been working since 1979. He does nothave any paper to show that he worked in Bookingoffice Patna. He stated to have been engaged indifferent names but he never complained to any autho-rity. He stated that some casual loaders were employedafter his stoppage but he cannot name any such person.However, the management has denied this fact. Hewas getting wages as per the hours of work done byhim. Similar is the statement made by Shri\NareshKumar, who has denied to have been paid half wageswhen he worked for the whole day. Tn the citcumlstan-ces there can be no reason as to why the managementwill be paying half wages to Shri Chandrika Prasadwhen he was working for the full day. However, thewitness is ready to serve as casual loader ever today.

1907

15. Shri Naresh Kumar was staled to have beenstopped by Slid Shroff after his 8 years of service. Hehas prepared a chart for the days employed by him indifferent years (Ext. W-2). But the same cannot bebelieved for it is not an authenticated document. Theletter received from the Hon'ble President Secretariatand Hon'ble Prime Minister's Secretariat have beenmarked Ext, W-3 a.id W-3|l respectively. Severalletters written tu the authority by the father of theconcerned workman has been marked Ext. W-5 series.Ext. VV-4 is the letter received from the managementbut that does not give any assurance that the concernedworkman Shri Naresh Kumar will gel employment indue course. However, after going through Ext. Nk4series the witness admitted that he was getting his wagesthrough voucher which also contains the number ordays employed by a workman. The concerned work-man did not complain any authority in writing abouthis less payment if any or the threat held out by ShriShroff. Ext. W-7 is the employment notice invitingapplication from the candidates for the post of Loader.The concerned workman admittedly did not apply forthe po<rt as per conditions and terms laid down thereon.The vacancy has also been noted at the foot of theflotics. Shti R. Prasad, Station Manager has statedthat the concerned workmen were casual loaders andthey were employed as and when required. T thinkExt. W-6 series is the complete answer to this state-ment made by the witness wherein all the concernedworkmen were shown to have worked for a consi-derable period during the year 19SS to 1987 completing240 days In a calendar year. The witness has provedExt. M-4 series. He has denied that the concernedworkmen were engaged in different names to deprivethem of their rightful claim. There is no evidencethat new casual loaders were engaged after stoppageof the concerned workmen. However, the managementhas denied ihat the concerned workmen were stoppedby the management. It was the caseof the managementthat the concerned workmen were at liberty to comeand work as casual loader as before. MW-2 is ShriRamesh Chandra Kundu is the formal witness and hisevidence does not appear to be very important forthis reference. He stated that the management doesnot posses? vouchers prior to 1986. They have beeneither sold or destroyed. Accoiding to him petty cashvouchers are retained for 5 years as per rules.

16. I find thai a few other documents have alsobeen filed by the management. The recruitment andpromotion rule of the Indian Airlines isJ Ext. M-l.Photo copy of the internal circular issuc8 by Sr. Dy.Finance Manager, dt. 5-7-84 is Ext. M-6. Standingorder concerning discipline and appeal of the IndianAirlines is Ext. M-2. Indian Airlines service regulationsis Ext. M-3. Photo copies of the vouchers are Ext.M-4 series. The written submission of the management

of the Indian Airlines showing details of the engage-ment of Shri Naresh Kumar from February, 1985 toFebruary, 1987 is Exl. M-5. M-10 is the attendanceregister of Airport Stall including loaders.

17. The concerned woikmen have prayed for theirreinstatement with full back wages and also for thenregularisation. They claim to have been stopped atdifferent dates by the management without any noticeor notice pay. It vj now settled law that stoppageamounts termination which is retrenchment within themeaning of Section 2(oo) of the I. D. Act. 1 havealready held that the concerned workmen have com-plied with under Section 25F of the I. D. Act.they vvere in continuous service as defined underSection 25B of the I. D, Act. Admittedly there wasno notice or notice pay or the compensation beforestoppage which are mandatory prevision to be convplied with under Section 25F of the 1. D. Act.The learned counsel urged that retrenchmentin non-compliance of Section 25F was bad inand the concerned workmen will be deemed to havebeen in continuity service and are entitled for rein-statement. Again there was a question of full time|part time worker. It was contended that when a work-man work for years together continuously jnder anemployer the procedure under Section 25F must befollowed. However, it was canvassed seriously thatthese workmen never worked continuously. Themanagement urged that they were seasonal workerand were paid as per the hours of work done by them.|1 think this sort of distinction between full time andpart time appear to me quite immaterial. Even aspart time worker they doing the job of loading andoff. loading at the airport which was permanent innature. The definition of permanent workmen did notrequire that such workmen should be employedthroughout the year. What is necessary is that thework on which he is engaged should be of permanentnature and lasts throughout the year. Reliance can beplaced upon a judgement reported in SCLJ Vol. 5Page 3474. But the whole question was that the man-agement has stated that they never stopped the con-cerned workman and they suo moto stopped comingto the airport. As per evidence of Shri R. Pd themanagement is ready to take the concerned workmenback to employment as casual loaders as they hadbeen doing before.

18. The workmen have prayed for their regularisa-tion through W. S. But the references do not speakso. The learned counsel for the management reliedupon the authority reported in SCLJ Vol. 4 at page2307. Their Lordships held as follows :—

"The Tribunal must confine its adjudication tothe points of dispute referred and mattersincidental thereto. In other words, the Tri-bunal is not free to enlarge the dispute

1908 THE GAZETlE OF INDIA : JUNE 19, 1993, JYAISTHA I1*, 1915 [PART I T _ S E C . 3(ii)]

referred to it but must confine its attentionto the points specifically mentioned and any-thing which is incidental thereto."

19. 1 think the word "incidental" has got its widerconnotation and it will include regularisation. Thelearned counsel for the management further contendedthat a casual loader can have no guaranteed right ofemployment. As regards the regularisation the Courtcannot give blanket direction of regularisation of ser-vices without due care and caution. Reliance wasplaced upon a judgement reported in AIR 1992Supreme Court at page 2130. That was a case inwhich the Hon'ble High Court of Punjab and Haryanadirected wholesome regularisation of the persons whohad completed one year at service. The Hon'bleSupreme Court held that the High Courts acted hastilyand the direction was held to be unsustainable. Itwas held that the direction was given f6r regularisa-tion without considering the fact whether there wasany vacancy. This means in case of no vacancy ithas to be created. Further, the employers were notsponsored from the Employment Exchange whichmeans entrance from the backdoor. The Hon'bleCourt did not consider as to whether the candidateswere eligible or qualified for the post at the time ofappointment. Again whether their service records wassatisfactory or not. All these things were not takeninto account and blanket direction was given forregularisation. However, in the instant case we findthat the circumstances are quite different. In the pre-sent case actually there was nothing to show that anyvacancy was existing or not. It is also true that thenames were not sponsored from the Employment Ex-change but definitely they were interviewed for thepost of loader but they were not selected. I do notsee what sort of qualification is needed for theloader ? The concerned workmen have been discharg-ing their duties of loading and off loading to the best

satisfaction of the management because the manage-ment never complained or no complaint was regis-tered for any unsatisfactory work of the concernedworkmen, I further find that for the post of loaderno special qualification is needed. They have beendoing as loader for the last several years say about8 years and by now they were expected to have beenattained proficiency in their work. By the same judge-ment as reported in AIR 1992 the Hon'ble SupremeCourt held that the State should not exploit its em-ployees nor should it take advantage of the helpless-ness and minsery of either the employed persons orthe employees as the case may be. As is often said thestate must be model employer. It is for this reason itis held that the person should not be kept in tempo-rary or ad hoc status for long. Where temporary ap-pointments is continued for Jong the Court presumesthat there is need and warrant for regular post andaccordingly directs regularisation.

20. In view of the authority cited above it can bevery well said that the concerned workmen havebeen working as casual loaders for several yearscompleting 240 days in a calendar year but definitelyas said above we have no paper to show that anyvacancy is in existence or not. For the reasons statedabove I am of the view that the action of the manage-ment of the Indian Airlines Patna in terminating theservices of the concerned workmen as casual loaderswas not justified. The management is directed to re-instate them as casual loaders within 2 months fromthe date of publication of the Award. But in the cir-cumstances of the case there will be no order of backwages. The management is further directed to regu-larise the service of the concerned workmen if andwhen the vacancy occurs after the date of this Award.

B. RAM, Presiding Officer

Printed by the Manager, Govt. oX India Press, Ring Road, Maya Puri, NewDelhi-110064and Published by ihc Controller of Publications, DelhM 10054, 1993

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