the gazette of india4522 the gazette of india: novebmer 15, 1986/kartika 24, 1908 [part h-stc....

Registered No. D. (D. N.)—73

The Gazette of IndiaPUBLISHED BY AUTHORITY

No. 46] NEW DELHI, SATURDAY, NOVEMBER 15, 1986/KARTIKA 24, 1908

Separate Paging Is given to this Part in order that it may be filed asa separate compilation

PART II—Section 3—Sub-section (ii)

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

MINISTRY OF LAW & JUSTICE(Department of Legal Affairs)

New Delhi, the 30th October, 1986

NOTICE

S.O. 3825.—Notice is hereby given by the CompetentAuthority in pursuance of rule 6 of the Notaries Rules,1956, that application has been made to the said Authority,under rule 4 of the said Rules, by Shri Jag Mohan LalSharma Advocate, for appointment as a Notary to practicein Nim Ka thana (Rajasthan).

2. Any objection to the appointment of the said person asa Notary may be submitted in writing to the undersignedwithin fourteen days of the publication of this Notice,

[No. F. 5(61)|86-Judl.]

(4521)1043 GI/86—1

4 5 2 2 THE GAZETTE OF INDIA: NOVEBMER 15, 1986/KARTIKA 24, 1908 [PART H-Stc . 3(ii)]

New Delhi, the 4th November, 1986

NOTICE

S.O. 3826.—Notice is hereby given by the CompetentAuthority in pursuance of rule 6 of the Notariea Rules,1956, that application has been made to the said Authority,under rule 4 of the said Rules, by Shri O. P. Gupta Advocate,for appointment as a Notary to practise in Jhanse.

2, Any objection to the appointment of the said personas a Notary may be submitted in writing to the undersignedwit'in fourteen days of the publication of this Notice.

|No. F. 5(72)]86-Judl.]

R. N. PODDAR, Competent Authority

MINISTRY OF PERSONNEL, P. G. & PENSIONS

(Department of Personnel & Training)


ORDER

S.O. 3827.—In exercise of the powers conferred by sub-section (11 of section 5 read with Section 6 of the DelhiSpeciar Police Establishment Act, 1946 (25 of J946), the

Central Govt. with the consent of Die Government ofKarnataka, hereby extends the power and jurisdiction of thememfcers of the Delhi Special Police Establishment to thewhole of the State of Karnataka for the investigation o*offences punishable under sections 25 and 30 of the AnnsAct, 1959 (Act 54 of 1959) and offences punishable undersection 5 of the Indian Explosives Act 1884 (Act 4 of 1884)and attempts.abetmcnts and oonsipiracicj in relation to, orin connection with the. said offences and ^ny other offence*committed in the course of the same transaction arising outof the same facts.

[P. No. 228|16|86-AVD-IH

G. SITARAMAN, Under Secy.

MINISTRY OF FINANCE

(Department of Revenuej

CENTRAL BOARD OF DIRECT TAXES

New Delhi, the 28th October, 1986.

(INCOME TAX)

S.O. 3828.—In exercise of the powers conferred by clause(e) of proviso to section 269SS of the Income Tax Act,1961 (43 of 1961), the Central Government hereby notifies,

Housing Development Finance Corpoation Limited, Bombayin respect of its Home Savings Plan Scheme, Loan Linked

Deposit Scheme and Certificate of Deposit Scheme, includingcumulative Interest Scheme for the purpose of the saidsection. The earlier notification dated 18-7-1986 Is to thisextent modified.

[F. No. 414|104|84-IT(INV)]S. RAJGURU, Under Secy.

4523


INCOME TAX

S.O. 3829.—In exercise of the power conferred by clause(iib) of ihe proviso to section 193 of the Income TaxAct, 1961 (43 of 1961), the Ccntrwl Govemment herebyspecifies the following bonds issued by the Housing Develop-ment Finance Corporation Limited, New Delhi, foj- thepurposes of the said clause, namely :—

(1) HDFC—12.5% Bonds (1992—1996).(2) HDFC—12.5% Bonds (1995).(3) HDFO-12.5% Bonds (1996).

JNo. 6981—F. No. 275|52|86-IT(B)[

S.O. 3830.—In eercise of the powers conferred by clause(iib) of the proviso to section 193 of the Incometax Act,1961 (43 of 1961 ), ihe Central Government hereby specifiesthe "7-Year 14% Secured Redeemable Non-convertibleBond—-(A. series)" issued by the National HydroelectricPower Corporation Limited. New Delhi, for the purposesof the said clause.

LNo. 6982 F. No. 275/81/86-IT(B)l

S.O. 3831,—In exercise of the powers conferred by clauie(iib) of the proviso to section 193 of the Income Tax Act,1961 (43 of 1961), ihe Central Government hereby specifiesthe "1986—IPCL—14% Secured Redeemable non-ccmer-tible Bonds" issued by the Indian Petrochemicals Corpora-tion Limited, Baroda, lor the purposes of the said clause,

[No. 6983 F. No. 275/109/86-IT(B)]

B. NAGARAJAN, Director.


ORDER

STAMPS

S.O. 3832.—In exercise of the powers conferred by clauie(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 "IDBI" loan Rs. 10 crores (1986)-—1st Series" ofthe value of ten crores of rupees only to be issued by theNational Small Industries Corporation, Limited, NewDelhi, arc chargeable under the iald Act.

[No. 40/86-Stamps, F. No. 33/46186-ST]B. R. MEHMI, Under Secy.

4524 THE GAZETTE OF INDIA: NOVEMBER 1 5,1986/KARTIKA 24, 1908 [PART II—SEC. 3(ii)]

CENTRAL BOARD OF DIRECT TAXES

New Delhi, the 30th September, 1986

S.O. 3833.—In exercise or the power conferred by Sub-section (1) of Section 122 of the Income-tax Act, 1961 (43 of

1961) and in partial modification of Board's notificationNo. 4306 (F.NO.261/13/81-ITJ dated 13-11-81), No. 4448(F.No, 261/6 /82-ITJ dated 1-2-82), No.4041 (dt.7-10-82)and 4962 (F,No. 2O1/6/82-1TJ dt.lO-U-82) and No. 6518 dt.29-11-85 (F.No,279/143/84-lTJ), the Central Board of DirectTaxes hereby directs that Appellate Assistant Commissionersof Income-tax of the Range 3 specified in column (1) of Sche-dule below shall perform their functions in respect of all personsand incomes assessed to Income-tax in the Income-tax circles,wards and districts specified in the corresponding entry incolumn No. 2 thereof excluding all persons and income assessedto Incojne-tax over which the jurisdiction vest; in Commi-ssioners of Income-Tax (Appeals):

SCHEDULE

S.]

1

1.

2.

3.

4.

Mo. Range

2

Appcllato AssistantCommissioner Of Income-tax, Indore Range,Indore.

Appellate AssistantCommissioner of Income-tax, Ujjain Range, Ujjain.

Appellate AssistantCommissioner of Income-tax, Bhopal Range, ilhopal

. Appellate AwiiitantComniijsioner ol Income-tax Gwalior Range, Gvva-lior.

Income-tax Circle, Wardsand Distircts

i

1. AllITOs at (ndore2. A.C.E-U. Indorc.3. I.T.O. Dhar.4. l.T. Circle, Khandwa,5. I.T.O Khargone,

1. l.T.Circlci Ujjain.2. I.T.Circle, Ratlam.3. I.T.Circle, Mandsaur.4. I.T.Cirole, Neemuch.5. I.T.Circle, Dewas.

1. All I.T.Os at Bhpoal2. I.T.O.Sehore with Hqrs.

at Bhopal.3. I.T.Circle, Itursi.4. I.T.Circle, Betul.5. l.T.Circle, Vidtsha.

1. All I.T.Os at Gwalior.I. 1.T.Circle, Guna.i. l.i'.Circie, Sluvpuri.4. I.T.Circie, Morena.

2. Whercover on Income-tax ciicle, wards, district orpart thereof stands transferred by this notification liomone Range to another Range, appeals arising out of theassessments made in that I. T. Circle, wards or District orpart thereof and pending immediately before the date ofthis notification before the Appellate Assistant Commissionerof the Range from whom that 1. T. Circle, ward or disrrictor< part thereof is transferred shall from the date thisnotification takes clfect be transferred to and dealt with bythe Appellate Assistant Commissioner of the Range towhom the said circle, ward or district or part thereof istransferred.

This order shall take effect form 1-10-1986.

[No. 6942/86 (F. No. 261/27/86-ITJi]

4525

S.O. 3824—In exercise or (he powers conferred by sub-jection (1) of Section 121A of the income-tax Act, 1961(43 of 1961) and in partial modification of Boards earliernotification No. 2J02 dt. 7-7-197S (F,No.2(il/7/7S-ITJ) No.4413 (F. No. 261/27/81-ITJ dt. 14/1/82). No. 5988 (F.No.261/17/84-ITJ dt, 14/15-9-84), the Central Board of DirectTaxes hereby directs that the Commissioners of Income-tax(Appeals) of the charges specified in column (1) of the Schedulebelow, shall perform their functions in respect of such personsassessed to Income-tax or Sur-tax or Interest Tax in the Income-tax Wards, Circles & Districts specified in the correspondingentries in the column No. (2) thereof as arc aggrieved by anyof the orders mentioned in ela5<;e^ (a) to (h) of Sub-section (2)of section 24t> of the lncomt;-tu\ Act, 1961 in Sub-section (1)of Section 11 of the Companies (Prodis) SUIMUX Acl, 1964(7 of 1964) and in Sub-section (1) of Se;(iou 15 of InterestTax Act, 1974 (45 of 1974) and ulso in respect of such personsor classes i>f persons a, the Board tins directed or maydirect in future in accordance with the provisions of clause(1) of Subjection (2) of Section 246 of the Income-lax Act,1961.

SCHEDULE

C

1.

2.

harges with Head Quartern

I

Co;nmi'.M'oner of Income-tax (Appeals), Bhopal.

Coimiii .sioncr of Income-tax (Appeals), lndorc.

Income-tax Wards/Circles

All wards /circle' falling withinthe jurisdiction of ;—

(1) I AC, Bhopal Range, Bhopal.

(2) lAC.Gwalior Range,Gwalior.

(i) IAC(AsMt,)Jlange, Gwalior(4) IAC(Asstt) Range, Bhopal.

All wiirdi/circlc-' excludingEstate Duty Circle, Income-taxCircle, Dhar AND ' C Ward,Indore falling within thejiniidiction uf•-

(1) L\C, Raiige-I, inUore.(2) IAC (Asstt.), Ranfic, Indor

4526 THE GAZETTE OF 1NIDA: NOVEMBER 1 5, 1986/KARTIKA 24, 1908 [PART II—SEC. 3(ii)j

3

4.

1

. Commissioner of Income-tax (Appeals)-II, Indore

Commissioner of Income-tax (Appeals), Jabalpur.

2

All wards/circles falling withinthe jurisdiction of:( 0 1AC, Rangc-11 Indore.(2) JAC, Ujjain Range, Ujjain.(3) Estate Duty Circle, (nconic-

tttx Circle, Dhar at)d kCWard, Indore falling withinthe jurisdiction of IAC,Range-I, Indore.

All wards/circles including ED-Circles falling within the juri-sdiction of C.I.T., Jabalpur.

Whereas the Income-tax Circle, Ward or district or Rangeorpart thereof stands transferred by this .Notification from

one charge to another charge, appeals arising out of the as-sessments made in that Income-tax Circle, ward or district orRange or part thereof and pending immediately before the dateof this Notification before the Commissisner of Income-tax(Ap-peals) of the charge from whom that Income-tax circle, wardor district or Range or part thereof is transferred shall fromthe date of this Notification take^ effect, be transferred to anddealt with by the Commissioner of Income-tax (Appeals)of the charge to whom the said Circle, ward or district or Rangeor part thereof is transferred.

This Notification shall take effect from 1-10-1986.[No. 6941/86yF.No. 261/26/86 -1T(J)]SURENDER PAUL, Under Secy.

Central Board of Direct Taxes

(Dcptt, of Economic Affairs)(Banking Division)

New Delhi, the 23rd October, 1986S.O. 3835.—In exercise of. the powers conferred by sub-

«ection (1) of Section 11 of the Regional Rural Banks Act,1976 (21 <>£ 1976) the Central Government herebyappoints Shri K. D. Deshpande .is, the Chairman of theFatclipur Kshctriya Gramin Bank, f-iitchpur and specifier theperiod commencing on the 16-&-86 and ending with the31-8-89 as the period for which Ih5 said Shri R. D- Desh-pande shall hold office as such Chairman.

LNo. 1-. 2-14/S6-RRB]

S.O. 3836—In exercise of the powers conferred by sub-section (1) of Section 11 of the Regional Rural Banks Act,1976 (21 of 1976) the Central Government herebyappointB Shri K. U. Yagnik as the Chairman of the SultanpurK»hetriya Granjin Bank. Sultanpur and specifies the periodcommencing on the 10-8-86 and endinR with the 31-8-89as the period for which the said Shri K. U. Yagnik shallbold office as such Chairman.

[No. F. 2-13/86-RRBJ

S.O. 3837.—In exercise of the powers conferred by sub-section (2) of Section J1 of the Regional Rural Bunks Act,1976 (21 of 1976) the Central Government herebyreappoints Shri O, P. Garj whose earlier tenure of threeyears appointment under sub-section , (1) of section 11 hadexpired on 30-9-85 as the Chairman of Sultanpur KshetriyaGramin Bank, Sultanpur for n further period commencingfrom MO-85 and ending with 9-8-Sfi.

LNo. \. 2-13|86-RRB1

New Delhi, the 27th October, 1986S.Q. 3838.—In exercise of the powers conferred by sub-

section (2) of Section l l of the Regional Rural Banks Act,1976 (.21 of 1976) the Central Government herebyreappoints Shri Ramcharan Pandcy whose earlier tenure ofthree yviir9 appointment under sub-section (1) of section 11had expired on 22-10-1985 as the Chainram of BardhamanGramfn. Bank, Burdwan for a further period commencingfrom 23-10-85 and ending with 18-7-1986.

|No. F. 2-85/82-RRB1

4527

S.O. 3839.—In exercise of the powers conferred by sub-section (1) of Section 11 of the Regional Rural Banks Act,1976 (21 of 1976) the Central Government hereby appointsShri N, N. Chakravorty. Chairman. B.ardhaman Gramin Bank,Burdwan (W.B.) and specifies the period commencing on the19-7-86 and ending with the 31-7-89 a., the period for whichthe said Shri N. N. Chakraborty shall hold office ns suchChairman.

[No. F. 2-85/82-RRB]

S,O, 3840.—In exercise of the powers conferred by sub-section (1) of Section 11 of the Regional Rural Banks Act,1976 (21 of 1976), the Central Government hereby appoints

Shri J. R. Naqvi as the Chairman of Gomti Gramin Bank,Jaunpur (Uttar Pradesh) and specifies the period com-mencing on the 12-8-1986 and ending with the 31-8-198?as the period for which the said Shri J. R. Naqvi shallhold office as. such Chairman,

fNo, F. 2-21|86-RRB)


SO. 384).—In pursuance of sub-clause (g) of clause 3of the Nationalised Banks1 (Management and MiscellaneoutProvisions) Scheme, 1980, the Central Government herebyappoints Shri K. N. Bhargava, Principal, Reserve Bank StaffCollege, Madras as a Director of Andhra Bank vice ShriO. P. SoJftani.

[No. F. 9/2/86-B.O. I]M. S. SEETHARAMAN, Under Secy.

New Delhi, the-29th October, 1986

S.O. 3842.—In punuance of Sub-section 2 of «cction 21of the Industrial Finance Corporation Act, 1948 (15 of1948), th© Central Government, on the recommendationof the Board of Directors of the Industrial Finance Corpora-tion of India, hereby fkes 11 percent (eleven percent) perannum as the rate of interest payable on the bonds to beissued by the said Corporation on 25th November, 1986and mnturinu on 25th November, 2001.

[F. No. 6(1O)|86-IF-IJ

New Delhi, the 31st October, 1986

S.O. 3843 —In pursuance of sub-section (2) of Section21 of the Industrial Finance Corporation Act, 1948 (15 of1948), the Central Government, on the recommendationof the Board of Director of the fndu»trial Finance Corpora-tion of India hereby, fixes 10 percent (Ten percent) perannum as the rate of interest payable on the bonds havingcurrency during the period 1st January 1987 to 31st Decem-her, 1987, to be issued bv the »aid Corporation.

[F. No. 6(27)|8«-IF-I]

P. K. MALHOTRA, Under Secy.

4528 THE GAZETTE OF INDIA: NOVEMBER 1 5. 1986/KART1KA24, 1908 |PART I I~SEC. 3(iij]


S.p. 3844.—Tn pursuance of sub-clause (b)U) of clause3, rend with stft-clause (2) qf clause 9. of the NationalisedBanks (Management and Miscellaneous Provisions) Scheme,1970, the Central Government hereby appoints Shri GudipatyGopala Krishna Mivrthy, Special Assistant, Bank of India,Hyderabad Main Branch, as a Director on the Board ofDirectors of the Bank of India with effect from 51st October,1986 to 30th October 1989.

[No, F. 15]5]82-IR1

S. P. BHATIA, Under Secy.

CENTRAL EXCISE COLLECTORATElodore, the 27th October, 1986

NOTIFICATfON NO. 12/86

S.O. 3843 .—The following Superintends at of Central Ex-cise Gr.'B" of Central Excise Collectorate. Indtre having

attained the ago of Superannuation retired from Govt. servicean the dates as shown against each:—

S. Name of the OfficerNo.

2.Shri M-H. JoshiShriD.P.Tiwari

Date

30-9-86(AN)30-9-86 (AN)

[ C T N O . II (3)2^CON/86)S.V. RAM/VKRISHN-VN, Collector

MINISTRY OF COMMERCE

New Delhi, the 16th July, 1986

S.O. 3846.—In pursuance of Sub-rule (4) of rule 10 ofthe Official Language (Use for Official purposes of theUnion) Rule, 1976, the Central Government heiebv notifiesthe following offices under the Ministry of Commerce andMinistry of Textiles, the staff whereof have acquired t ieworking knowledge of Hindi :—

Ministry of Commerce :

1. Central Cottage Industries Corporation of India Ltd.,,Janpath 'A' Barracks, New Delhi-110001.

2. Office of the Controller of Imports nnd Exports,Srinagar (Jammu & Kashmir)

Ministry of Textiles :

1. National Textiles Corporation Ltd., (Gujarat),Ahmedabnd.

[File No. E-110U|22|86-Hindi]

VED PRAKASH. Director

4529

OFFICE OF THE IT. CHIEF CONTROLLER OFIMPORTS & EXPORTS

(Central Licensing Area)

New Delhi, the 16th July, 1986

CANCELLATION ORDER

S.O, 3847.—M|s. Abdur Shakoor & Son.,, 3|D. II KohnaMughal Kuli Khan Ka Iman Bars, Momdabad were gran ledadvance licence No. P|K|308O729 Jt. 9-S-K4 for Rs. 4,84,600for import of 41.662 M. T. of Brass Scrap,

The firm have surrendered the Exchange Coniiol Purprsecopy of the said licence intimating that the Customs Purposescopy of the advance licence has beem tnisplntcd. The amountfor which the licence was issued is Rs. 4,84,600.

In exercise of the powers conferred on ire under Section9(d) of Import (Control) order, 1955 Jaied 7-12-1955 asamended upto date, I herebv ordei cancella'ion of thesaid advance licence.

IF. No. Adv|Lic|UDES|84lAM. S5|ALS. riCLAl8127(DR.) R, K. DHAWAN, Dy. Chief Controller of I & E

for Jt. Chief Controller of Imports & Exports.

MINISTRY OF EXTERNAL AFFAIRS

New Delhi, the 24th October. 1986

S.O. 3848.—In pursuance of the clause (a) of Section2 of the Diplomatic and Consular Officers (Oaths and Fees)Act. 1948 (41 of 1948), the Central Government herebyauthorise Shri R. K. Kapoor, Assistant in the Enâssy ofIndia, Riyadh to perform the duties of Consular Agent witheffect from 12-9-86.

IT. 4330| 1|86]K. NAGARAJAN, Under Socy. (Consular)

1043 GI/86—2

MINISTRY OF INDUSTRY

(Department of Company Affairs)

New DeHii. the 29th Octcbcr, 1986

SO. 3849.—In pursuance of Sub-Section (3) of Section26 of the Monopolies and Restrictive Trade Practices Act,1969 (54 of 1969), the Central Government hereby no i-fies (he cancellation of the registration of the undertakinm

^mentioned in the Annexure to this notificalion, the saidundertakings beinR undertaking to which th<. provisions ofPart A Chapter III of the said Act no longer apply.

INo. 16]I2|86-M. \U]

L. C. GOYAL. Under Secy.

Antwxuro to thj Notification No.l6/12/86. M-III

s.

I.

2.

3.

N3. Na-niofth)Undjrtakings

M*. Ojdavari SugarMills Ltd.

M/s. Q>âvari Invost-mont & Finan^j Corpo-tijn Ltd.M/J. K>sanMitalPrjdujts Private Ltd,(Fjr.njrly BhavanaChj.îjals Private Ltd.)

R ^ t o n - i Address Kit

Fanitobhoy Building,Mahatma GandhiRoad, P.B. No. 122-A, Fort Bombay-400 02;

—do—

Laxmi InsuranceBuilding,

Sir PhiroishahMatha Road,Bombay-1

• -+

istration

1231/75

3.1232/75

540/70

4 530 THE GAZETTE OF INDIA: NOVEMBER 15,1986/KARTIKA 2<1,1903 [PART II—SEC. 3(ii)]

4532 THE GAZETTE OF INDIA: NOVEMBER 1 5, 198C/KARTIKA 24, 190S [PART I I - SLC. 3^)]

MINISTRY OF PETROLEUM & NATURAL GAS

CORRIGENDUM

N^W- Delhi, the 28th October, 1986

S.O. 3850.—In the Notiflca'ion of Government of India,Ministry of Energy (Department of Petroleum) No. 0-'2f)16I133|83-Prod date 6-10-84 published unJer S.O, No. 3148 inthe Gazette of India, Part II, Section 3, Sub-Section (ii) at

page 2919. &.29?0 issued under Section 6 Sub-Section (i)of the Petroleum & Minerals Pipe Lines (Acquisition of

Right of User in Land) Act, 1962 in respect of village*Charholi for S. Nos, and areas siiuwn in the- Column Nj , 1of the Schedule appended to this corrigendum read and S.Nos. and areas as shown in column No. 2 of the saidschedule.

Lands mentioned in the Part II of the appended irhed: Ie,however do not come under thp Pipe Line Project due tochange in the alignment and the cforc. they are deicfeifrom the schedule appended to the Notification under sec-tion 6 Sub Section (i) referred to above.

Read (Col.—II). For (Col.—I).PART—I

Village

1

Charolv ,

G. No.

2

134134302303

303

305307309352352

406408409410414428430430430432

432433

433435435435443444445668669

670711712713714736737

737738738738739798798798

H. No.

3

1+4411

2

(PO1112

3+42(pt)(Pt)113451

62

31-A1—B22+4(Pt)(pt)1+7(pt)(Pt)1+03(pt)(pt)(pt)3I

2

•?(pt)

1}

Area

4

00 3?-4000-36-5400-16-1000-43-06

00-18-7500-27-00

00-05-5000-14-5800-70-2000-05-40

00-32^000-21-6000-16-2000-39-6000-08-6400-06-6000-18-00100-06-00 I00-14-40 j00-07-00

00-05-94,00^16-25

00-10-0800-01-62")00-15-30 I00~05^M)J00-14-7600-29-6200 25-9200-61-6000-28-4400-3 <Mtt00-06-9000-18-5000-21-6000-32-4000-14-9400-06-391

OO-O4-5OJ

00-01-0000-03-3900-34-4000-08- 6400-05-5800-21-60

Village

Charoli

G. No.

6

134302

303

3Q5307309352

406408409410414428

43 0

432

433

435

443444445668669

670711712713714736

737

738

739

798

H. No.

7

(pt)(Pt)

(Pt)

(pt)(pt)(pt)(pt)

(pt)(Pt)(pt)(pt)(Pt)

(Pt)

(pt)

(pt)

(pt)

(pt)

(pt)(pt)(pt)(Pi) -

pt(pt)(pt)(pt)(PO(pt)(pt)

(pt)

(pt)

(pt)

(Pt)

Area

8

00-47-0000-25-00

oo-:o-oo

00-19-0000-36-0000-47-0000-45-00

00-47-0000-39-0000-45-0000-36-0000-12-0000-22-00

00-34-00

00-18-00

00-19-00

00 27-00

00-39-0000-52- 0000-34-0000. 39-0000-25-0000-41 -0000-09-000040-0000-23.-0000^5-0000-22-00

00-09-00

00-09-00

00-68-00

00-17 00

4533

PART—I

Village

1

Charoli

G.No.

2' 799

800803804811

H.No.

3

1 "A2(pt)2(PO

Area

4

00-14-7600-01-80OO-Oy-00OO-32 tG00-63-36

Viillge

5

G.No.

6

800803804811

H-No.

T

(pt)(PO

(pt)(pt(PO

Area

8

00-13-0000-14 0000 -16-0000-38-0000-32-00

PART—II

Village

Clwroli

G-No.

306353407431718719

H.No.

(pt)(pt)(pt)(Pt)(Pt)(Pt)

Area

00-02-0000-22-0000-01-0000-02-0000-13-0000-07-00

[No. O-12016/133/83-Prod-I]P. K. RAJAGOPALAN, Desk Officer

4534 THE GAZETTE OF INDIA: NOVEMBER 15,1986/KARTIKA 24, 1908 [PART H_SEC. 3(ii)]

4535

New Delhi, the 2Sth October, 19M

CORRIGENDUM

S.O. 3851.—In the Notification of Government of India.Ministry of Energy (Department of Petroleum) No. O-12J16I133/83-Prod.. date 10-12-83 published under SO. No. 4448in the Gazette of India, Part II, Section 3, Sub-sccli.n (ii)at pages 4586 & 4587 issued under Section 3, Sub-sec'lcn (i)of the Petroleum & Minerals Pips Lines (Acquisition of

Right of User in Land) Act, 1962 in respect of village*Charholi for S. No*, and areas shown in the Column No. 1of the Schedule appended to this ;oirigcndun.<. read S. Nos.and areas as shown in column No. 2 of ttw said schedule.

Lands mentioned in the Part II of the appended schedule,however do not come under the Pipe Lin© project due tochange in the alignment and the efore, they are deleie'Jfron« the schedule appended to the Notification under Sec-tion 3, Sub-section (i) referred to above :

SCHEDULE

Jf«j</(Coin) For (Col-I)PART-I

Village

Charoli

G. No.

174134302303303305307309352

352406408409410414428430470430432

432433

433435415435443444445

668669670711712713714736737

737738

738738739798798798

H. No.

1+44112(Pt)111

23+42(Pt)(pt)113451

62

31-A1-B22+4(pt)(Pt)

1+07(Pt)un)(1+3)(pt)(Pt)(pt)32

2

34(Pt)

0

Area VilIaBe

00-32-40 Charoli00-36-5400-16-2000-41-0600-18-7500-27-0000-05-5000-14-5800-70-20

00-05-4000-32-4000-21-60oo-ie-:o03-19-6000-03-6*00-05-6600-18-000D-05-0000-14-vlO00-07-00

00-05-9400-16-25

00-10-0800-01-6200-15-3000-05-1000-14-7600-29-6200-25-9200-^1-6003-28^400-39-6000-06-9000-18-50CH-21-6000-32-4000-14-940-04-39

0-04-50

00-09-00

00-03-3900-34^4000-08-6400-05-5800-21-^0

G. No.

134302

303

305307309

352

40640340941041 +428

430

432

433

435

443444445668669670711712713714736

737

738

£739

798

H. No.

(Pt)(Pt)

(Pt)

(pt)(Pt)(Pt)

(Pt)

(Pt)(Pt)(pt)(t)(Pt)(Pt)

(pt)

(Pt)

(pt)

(Pt)

(Pt)(pt)

(Pt)(Pt)(Pt)vPt)(Pt)(Pt)(Pt)(Pt)(Pt)

(Pt)

(pt)

(Pt)

(Pt)

Area

(XM7-0000-25-00

00-20-00

00-19-0000-36-0000^7-00

00-45-00

00r47-0000-19-0000-45-0000-36-0000-12-0000-22-00

00-34-00

00-18-00

00-19-00

QO-27-00

00-39-0000.52-0000-34 0000-39-0000-25-00OO tl-OO00-09-0000-20-0000-23-0000-45-0000-22-00

00-09-00

00-09-00

00-68-00

00-17-00

4536 THE GAZETTE OF INDIA: NOVEMBER 15, 1W/KARTIKA 24, 190" [PART II—SEC. 3(ii)]

Vllb»«

Charoll—^oncld.)

O.K.

795800803804811

H- No.

14

?(P02

(pt)

Arc*

00-14-7600-01-8000-09-0000-32-4000-63-36

Village

Charoli (ciatd.)

G.No.

799800

80J804811

H.No.

(.Pt)(Pt)<pt)(Pt)(Pt)

Area

03-13-0000-14-0000-16-00

O0-38-O000-32-00

PART-U

Village

Chroll

G.No.

306353407431718719

H. No.

(Pt)(Pt)(Pt)(Pt)(Pt)rpt)

Area

00-02-0000-22-0000-01-0000-02-00

00-13-0000-07-00

Sd./(Competent Authority)[No.O-UOI6/13J/J>-Pi.-3i.]


&.O. 3852.-—Whereas it appears to the Central Goveru-rrrsnt that it is necessary in Ihe public in.erest that forthe transport of petroleum from SNCR to S. S. CTF inGujarat S'ate pipeline should be laid ty the 0)1 & NaturalGas Commission.

And whereas it appears that for the purpose of layingsuch pipeline, it is necessary to acquire the right of user inthe land describe^ in the schedule annexed hereto :

Now, therefore, in exercise of ihe powers conferred bysub-section (1) of the Section 5 of the Pe rolcwn andMinerals Pipel-nes (Acquisition of Right of User in theLand) Act, 1962 (50 of 1952), the Central Govermrcnthei«by declares its in*ention to acquire the right of usertherein;

Provided that any person interested in the snid land mav,within 21 days from the date of this notification, objectto the laying of the pipeline under the said Land to theCompetent Authority, Oil & Natural Gas Commission, Con-struction and Maintenance Division, Makarourg Road,Badodara, (390009).

4537

And every person making such an objection shall als.istate specifically whether he wishos to b c heard in person orby legal practitioner.

SCHEDUI.F

Pipe line frtm ROU from SNCR to S.S. CTE.

Stato : Gujarat

Villa et

Balol

District : Mehsana Taluka ;

SurveyNo.

1757176016521762

Hoctare

0000

Mohaana

- Ara

12070701

Cen-tiaro

60682032

[No. O-12016/186/86—ONQ-D 4]

S.O. 3853.—Whereas it appears to the Central Govern-nwnt that it is necessary in the public interest that for tbotransport of petroleum from Well No. 15 to S.I.P. 34 inGujarat State pipeline should be laici by the oil & NaturalGas Commission.

And whereas it appears that for the purpose of layingsuch pipeline it is necessary to acquire the right of u~erin the kind described in the schedule annexed hereto:--

Now, therefore, in exercise of the powers conferred by<nib-sccfion (,1) of the Section 3 of the Petroleum andMinerals Pipelines ("Acquisition of Right of user in theLand) Act, 1962 (50 of 19621, the Ct-ntral Governmenthereby declares its intention to acquire the right of usertherein : , ,

Provided that any Person interested in the said laid may,within 2l days from the date of this notification, object tothe hiving of the Pipeline under the land to the ComrfsritAuthority, Oil & Natural G;is Commission, Contractionand Maintenance Division, "Makiirpura Road, Vsd^dara,(390 009).

And even' person making such an objection abcl! alsostale specifically whether he wishes to be hear in person orby !e;;,'il Practitioner.

SCHEDULE

State :

Village

Thol

Pipeline

Gujarat

from well No. 15 to

District : Mohsana

Survey Na

S.T.P. 34,

taluka. :

- Hec-tare

0

Kadi

Are Con-thro

55 (10

[Nfi. O-12)16/1 RV3S-ONG. D -1]

1043 OT/86—3

4538 THE GAZETTE OF INDIA: NOVEMBER 15, 19S6/KARTIKA24, 1908 [PART I I — S : C . ^U:]

S.O. 3854.—Whereas it appears to the Central Govern-ment that it is necessary in the public interest thai for thetransport of petroleum from Well No. Karjisnn-1 to Kalol-126 in Gujarat Stale pipeline should be JHHI by the oil &Natural Gas Commission.

And whereas it appears that for the purpose of layingsuch pipeline, it is necessary to "acquire the right of userin the land described in the schedule annexed hereto;

Now, therefore, in exercise of tbe powera conferred bysub-section (1) of the Section 3 of the Petroleum andMinerals Pipelines ("Acquisition of Right of uwr in theLand) Act, 1962 (50 of 1962), the Central Governmenthereby declare* if* intention to acquire the right of usertherein: • ! T i^f^'iO . -l

Provided that any Person interested in thfe said land may,within 21 days from the date of this notification, object tothe laying of the Pipeline under the land to the CompetentAuthority, Oil & Natural Gas Commission, ConstructionBfld Maintenance Division, Malcarrmrn Rowi, Vadodftrn.(390009).

And every person making such an objection shall alioitate specifically Whether he wJihc§ fe he hear fn person ortoy Uwt PrwrtMoittfr.

SCHEDULE

Pipeline fram well No. Kanisan-1 to Kalol-126State : Gujarat Talu

Village

Ghutnasan

ka : Kadi District :

Survay N».

6706596716S6733720721

722114103113/2104/1JOS1059796

Hcct a n

0000000000000

n00

Cart Track 0"95/5134175

000

Mehsa

A r ;i

183

1812'1

1?187

1412

4125•i

A5

06

1212

' a

Cen-iiro

300

900

50000080SO00510

4:)40iO• i0900

1530

[N-i. O-12016/189/86—ONG D 4]

4539

3 O f>5 -i-Wnercas u »pieai>> to the cental ( o<ern-neiit IJ1 i i is nst-G* arv m the puolsc inteie^t that fo thet«i »•"• u po ioleum fio»n SNCA 10 SiSB \ to SSCTFn i i > it2 fifdme shou'd b* la'c' b> *he Ol &. Naiuialv •• r i.i ssien.

/ . ' i J-IS n appeal >'i, i i< the put pus*, «t liyirgsuci \i iht o it is necess. 5 to acquire the right of i 'erin the rd described in tru schedule innetc ! htietj —

Tso / t o efce, m exeu-' e or the fiowe % confe'red b\sjb s. n (I) of the &e;fion 1 ej the Peti oleum ndfti.'ei'I 11, eli e-> (Acqw < i^n o! K'gbt of tier m theIcn.* '912 (50 cf i''i2>, the CVntral Cove 'wenthe ! 1 ies I'S in entioj to acquire thj- 1 ipf t <>t isetthe em

> r ->a flat an> Peisoii interested in ;U « vj 1 ind mi^,vi *nn >1 d ys fiom the d i e of this notihcuiicm. obiect totic !. " ! 1' of She Pipeline un ler the 1 rid t J ihf Coripc'eni/ u net Oil & 'Natuial Ci>s Commission Ciin<*ni tioiian ' Al inftinnce DIMS on MaLirpura Rosd \adodari(390C09)

4nd f \ c j perbon rnalinc »uch «m objc iion >'<<'l a's >sia*e sj-f^i'icaDv whether he \\nhz*. to be he« Jn rerson 01bv 'er 1 Practitioner.

SCHEDULE

Pipeline fr:>m SNCA ta SNBA to S.S. CTF

S:ito :

Villa js

SffiMfti

Gujarat District : Mehsana Taluka : Mehsana

Survey No. ..Kec- Are Cen-tare . ctire

.; 492562

00 OS 280 23 16.

[Nf>. O-12016/176/86—ONG-D4]

S.O. 3856.—Whereas it appears to the Central Govern-ment -that it is necessary in the public interest that for the.'rarr-port of petroleum from Drill Site No. SKAB to C.T.F.Kadi in Gujarat State pipeline should be laid by the Oil &Natural Gas\ Commission.

And whereas it appears that for the purpose of layingsuch pipeline, it is necessary to acquire the right of userin the land described in the schedule annexed hereto:—

Now, therefore, in exercise of the powers conferred bysub-section (1) of the Section 3 of She Petroleum andMinerals Pipelines (Acquisition of Riglrt of user in theLand.) Act, 1962 (50 of 1962), the Central Governmenthereby declares its intention to acquire the right of usertherein; • . :

Provided that any ;Pc son interested in the said land may,within 21 days from the date of this notification, object tothe laying of the Pipeline under the land to the CompetentAuthority, Oil & Natural Gas Commission, Constructionand Maintenance Division, Makarpura Road, Vadodara,(390 009).

And every person making such an objection shall alsostate specifically whether he wishes to be hoar in person orby legal Practitioner.

4540 THE GAZETTE OF INDIA: NOVEMBER 1 5. 19S6/KART1KA24, 1908 [PART I I -SEC. 3 (U]

SCHEDULE

Pipoline from Dr

fitatc : Gu.ja.rat Dhfri

Village

Kadi

ill site No. SKAB tct : Mehsana Ta

Survey No.

1643

o CTFluka :1

tare

0

KadiKadi

A TO

9

Cen-tiare

75

[No. O-1201 6/177/86—ONG-D 4]

S.O. 3857.—Whereas it nppearg to the Central Govern-ment thvit it is necessary in the public interest thnt for the11'ansport of petroleum from Sokoil Vaive Platform toT.P.S. South Kadi in Gujarat State pipeline should be laidby the Oil & Natural Gas Commission.

And whereas it appenrs that for the purpose of 1: yingsuch pipeline, it is necessary to acquire the right of userin the land described in the schedule annexed hereto:—

Now, therefore, in exercise of the powers conferred bysub-section (1) of the Section 3 of the Petroleum andMinerals Pipelines (Acquisition of Rigrrt of user in theIanJ) A'.t, 1962 (50 of 1962), the Central Governmenthereby declares its intention to acquire the right of usertherein;

Provided that any Peiwn interested in tbe sai(] land may,within 21 days from the date of this notification, object tothe laying of the Pipeline under ;he land to the CompetentAuthority, Oil & Natural OHO Commission, Constructionand Maintenance Division, Makarpura Road, Vadodara.(390 0091.

And every person making such an objection shall alsostate specifically whether he wishes to be hear in person orby lecnl Practitioner.

SCHEDULE

Pipoline from Sofcoil Valve platcform to IPS. South KadiState : Gujarat Di

Villae.o

Kadi

strict ; Mohsana Taluka : Kadi

Survey No.

1857Cart Track

1953 '197619771978

Hoc- itare

000000

Kro C«n-tiaro

6 006 302 553 604 502 00

[ N J . O-12016/180/86—ONG-D 4]

4541

S.O. 3858.—Whuieaa it appears IQ the Central Govern-ment tiJ.it it is necessary in the public interest that for thetransport of peuoleim from Well No. K-397 1J Ci.G.S. Vin Gujarat State pipeline should bo laid by tha Oil & NaturalGas Commission.

And whereas it appears that for the purpose of layingsuch pipeline, it is necessary to acquire the right of userin the land described in the §chedule annexed hereto.

Now, therefore, in exercise of the powers conferred bysub-acction (1) of the Section 3 of the Peirolcurn andMinerals Pipelines (Acquisition of Right of user in :heLand) Act. 19G2 (50 of 1962), the Central Governmenthereby declares its intention to acquire the right of usertherein;

Provided that any Person interested in the said land may,within 21 days from the,date of this notification, object tothe laying of the Pipeline under the land to the CompetentAuthority, Oil & NuttJrt! O n Commiwion, Constructionand Maintenance Division, Malcarpura Road, Vadudarn.(390 009).

And every peraon makinjt roch an objection sball alsosinle specifically whether h» WMh% to b» hered in person oby legal Practitioner.

SCHEDULE

Pipeline from K. 397 to GGS. V

Stato : Gujarat District : Mehsana Taluka : Kalol

Village

Wadavswami

Survey No.

100107106104/2100101

Hec-tare

000a00

Are Cen-tiaro

09 0013 5007 5001 8005 7017 40

[N.». O-12016/178/86—ONG.D 4]

S.O, 3859.—Wherea* it appMT* to the- Central Govern-ment that it is necessary in the public interest that fo^ thetransport of petroleum from Well No. 15 to S.I.P. 34 inGujarat Slate pipeline should be laid by the Oil & NaturalGas Commission.

And whereas it appears that for the purpose of Lyingsuch pipeline, it is necesaary to acquire the right of userin thj land described in the schedule annexed hereto. -

Now, therefore, in exercise of the powers conferred bysub-section (1) of the Section 3 of the Petroleum andMinerals Pipelines (Acquisition of Right of user in theLand) Act, 1962 (50 of 1962), the Central Governmenthereby declares its intention to acquire tho right of usertherein;

Provided that any Person interested in the said land may,within 21 days from the date of this notification, object tothe laying of tiie Pipeline under the land to the ComtwtentAuthority, Oil it, Natural Ga» Commiision, Constrictionand MatotBnantM Division, MakorturB Road, Vndodara.

4542 THE GAZETTE OF INDIA: NOVEMBER 15; 1986/KARTIKA 24,1908 [PART II—SEC. S(iC]

And every person making such an objection sbaii alsostate specifically whether he wishes to he heard in person or>y legal Practitioner.

SCHEDULC

State :

Village

Hajipur

Pipe lineGuj?.rat

rmm Weil Na. 15District : Mehsa'ia

Survey No.

615/1i/'A"

to SIP 34Taluka : Kalol

Hac- ,ta r&

0

\K Con-tiarc

07 5.0

[No. O-12"Hr>/!Sl/3>>-ONG-D -41

S.O. 3850.—W'he-.eas. it appears to the Centrel Gove:n-ment thai it is necessary in the ruulic interest t'rv.l for thetransport of petroleum from C.G.S. XI to C.G.S. I inGuja,at Siaic pipeline should be luid by1 ttw Cii & NaturalGas Commission.

And whereas it appeals that for the purpose of layingsuch pipeline, it is necessary to acquire the. right of userin the land described in the "schedule annexed hereto.

Now, therefore, in exercise of the pov.es corterred bysub-section (1) of the Section 1! of the Petmleurp andMinerals Pipelines (Acquisition of Right of u er in theLand) Act, 1962 (50 of 1962), the Central Civernmenthereby declares its intention to acquire the right of usertherein;

Frovided that anv person interested in the said land may,within 2! days ftorn the date of this notification, ob.isc! tothe laying; of the Pipeline under the said l?nd to the Com-te'ent Authoiity, Oil & Natural Gas Commission, Constiuc-tion and Maintenance Division, Makarpura H^O, VtVodara-(390 009).

And eery person making such an objection irl-ali alsos'?.;e scecificalSy whether- he wishes to be heard in person orby legal Practitioner.

SCHEDULE

Pipeline from GGS XI To GG3 F.

State :

Village

Adalaj

Gujarat District & Taluka

Block No.

576576569571570557556555

: Gandhirefar

Hec-tare

00000000

Ace

0617070311030301

Cen-tiare

8040807080400070

[No. O-I20I6/182/86-ONG-D 4]

4543

S.O. 3E61.—Whereas by notilicalion of the Governmentof India in '.he Ministry of Petroleum & Nntural Gas.S.O. 12/0 duied 6-3-85 under sub-section (1) of Section 3of '(?'• r'sfroteuni and Minerals Pipelines (Acquisition ofRU'ht of Vr-ev in Land) Act, 1962 (50 of 1562), the CentralGovernment declared its intention to acquire the right ofa'.er in the land? specified in the schedule appended to thutno'.iii.ntion for the purpose of laying pipeline.

And whereas the Competent Authority has under Sub-Sectirin (I) of Section 6 of the said Act, aubmitlcd reportto thrf Government;

And further \vli;.~eas the Centra! Government- has, oftercowsiderine the said report decided to acquire the right ofuy.ef in tl'e lands specified in the schedule appended )o thinnotification;

Now, therefor:, in exercise of Ihe power conferred by sub-sertvn (1) of the Section 6 of the said Act, the CentralOf' "Timent hfrby declnr^s that the n'pl.'t of user in thes.tid lnndi- specified in the schedule appended to this noti-ficntio'i hereby acquire^ for laying the pipeline;

And further in exercise of power conferred bv sub-section("41 of the section, the Central Government directs that ther;5'ht of user in the inid hinds shall inilead of vesting inO'nt'-nl fiovernrnent v(".tn on (M5, dnte of the Dubiicnflonof this ileclar.iM'on. in the Oil & Natural Gas Commissionf'ee from encumbrances.

SCHFDULE

Pipelino from GGR TT to C.T.F, SobhaianState : Gujarat Di

Village

1

Puirasan

strict & Taluka :

Block No.

"^404/2'401^ (SO' 4 0 2-372^373"374•393"392Cart'trnok391390432

'433434

Mohsana

tare

3 '

0 ~00000000000D00

Are Con-tiaro

4

0300000104030103000204020102

5

70~001040704015005050

m30

. no7575

4544 THE GAZETTE OF INDIA: NOVEMBER 15, 1936/KARTIKA24, 190S [PART II—SEC. 3(ii']

1

Punas&n (Cootd.) 9043Cart track68877374Cart track86808281Cart track

3

00000000000000

4

0102020005ni0002000601040100

5

5160251550101500500000505025

[No. O-12016/31/85-ONG-D4]

S.O. 3862.—Whereas it appears to the Central Govern-ment tLut it is necessary in the public interest that for thetransport of petroleum from Well No. Wusna-7 to Wasrm-3in Guiarat Stntc pipeline should be laid by the Oil & NaturalGas Commission.

And whereas it appears that for the purpose of layingsuch piceline, it is necessary to acquire the right of userin the land described in the schedule annexed hereto:—

Now. therefore, in exercise of the powers conferred bySub-section (1) Of the Section 3 of the Petroleum EndMinerals Pipelines (Acquisition of Rip-tut of user in theI.ind) Act. 1962 f50 of 1962), the Central Governmenthcrehy declares its intention to acquire the right of usertherein;

Provided that anv Person interested in the said land may,within 21 days from (he date of this notification, object totbe laving of the Pipeline under the land to the CcmrieientAuihorhv, Oil & Natural Gas Commission. Constructionan4 Maintenance Division, Maknrpura Road, Vadodaru.(390 009).

And everv nerson making such an objection ^Kill alsost.i'e ^rf-ificnllv whether he wishes to be heard in r e r s °n orby legal Practitioner.

SCHEDULE

Plneline from Well No. Wasrw-7 to Wasn.a-3

State : Gujarat T.

Village

Mahy

>i5trict : Katra Ti

Blfijk NT.

1240

nn12561255127312741275127712781293129513941312

»luka ; Mehmadabad

Hectare

0000000000000

Are

04101701090618OS201810OS12

Ccn-tlara

50357050006000305045<J53030

[Nb, D-12018/1 tfyto-ONQ-D 41

4545

E.G. 38h3.—Whereas it appears i~i the Central Govern-ment ll'd it ia necss-sary in the public interest that for thotinir.rort cf petroleum frum Well No, K-443 to WHZ-PanMarin Giiinrut Stnlc pipeline should be laid by the Oil & NaturalCxi Ctunraii'sion.

And whereas it uppeurs (hat for the purpose of Inyfngsuuh pipeline, it is necessary to acquire the right of userin the h r d described in the schedule annexed hereto.

Now. therefore, in exercise of the powers conferred bysiib-«;e:(i~*i (1) of (he Section 3 of fh? Petroleum endMirer;i] "Pi; elires (Acquisition of Right of user In theTnnd) Act, mfi?. T50 of 1°62"), (he Central' Governmenthcehv declares its intention to acquire the right of usertherein;

Provided thnt anv Person interested in tho said land may,within 21 duvs from the date of this notification, object tothe l.-'vi"!'1 of *hc Pipeline under the land to the CompetentAn.'hon'tv, Cil- & NutuT.il Gas Commission, Construction.iinil MiinfciiW? Division, Makarpura Road, Vadodora. •(390(109).

*"iil even' nerson mnkinft such an ohjectlon shall alsostats sncciO'-nllv vhether he wishes to be heard in peison orbv Ifgal Prnctitioner.

SCHT-DULF

Pipeline from Well No. K-443 to V/HT P^nsar

State : Gujarat Taluk

Village

Pansar

a : Knkol District ; Mehsana

BhckN.i .

1717C Lrt Track16371^361640161016!)160116171 6^0lfi'.H1600

HiJtnarc

0000000000000

- Are

08090104090711110003090501

Conti-are

80153550755010857530157050

[No. O—120lfi/190/86-ONG D4]

1043 GI/86—4

AV& THE GAZETTE OF INDIA: NOVEMBER 15, 1»S6/KARTIKA 24, 1908 [PAKT I I - S E C . 3 00]

S.O. 3864.—Whereas it appears to the Central Govern-ment that it is necessary in the public interest that for thetransport of petroleum from Well No. Kulal-8 to Well No.K-188 in Gujarat State pipeline should be laid by the Oiland Natural Gas Commission.

And whereas it appears that for the purpose of layingiuch pipeline, it is necessary to acquire the right of userin the land described in the schedule annexed hereto.

Now, therefore, in exercise of the powers conferred byar.b-setiion (1) of the Section 3 of the Petroleum andMinerals Pipelines (Acquisition of Right of user in theLand) Act, 1962 (50 of 1962), the Central Governmenthereby declare* its intention to acquire the right of usertherein;

Provided that any Person interested fa the said land may.within 21 day* from the date of thii notification, object tothe laying of the Pipeline under the land to the CompetentAuthority, OH & Natural Gas Commission, Constructionand Maintenance Division, Makarpura Road, Vadodara.(390 009).

And every person making iuch an objection shall alsostate specifically whether he wishes to bo heard in persoj) orl>y legal Practitioner.

SCHEDULE

Pipeline From Well No. Kalol-8 to K-l 88

State : Gujarat '

Village

JamiyatPura

raluka A District : Gandhinagft'

Block No.

33631133431231331030329329329727127025926123722923034254

[No. O—

r

Hect- Arn CB.TC 1

00000000000

a00000000

03

07020609

• 09210909OS07090606161013122612

12016/1R4/86-ONG

knti-ure

0050353015150000000305300015505050303060

-D-4]

4547

S.O. 3865.—Whereas it appears to the Central Govern-ment that It is necessary in the public interest that for thetransport of petroleum from Well No. K-243 to G.C.S.Kulal in Gujarat State pipeline should be laid by the Oil &Natural Gas Commission.

And whereas it appears that for the purpose of layingsuch pipeline, it is necessary to acquire the right of userin the land described in the schedule annexed hereto.

Now, therefore, in exercise of the powers conferred bysub-section ( t ) of the Section 3 of the Petroleum andMinerals Pipelines (Acquisition of Right of user in theLand) Act, 1962 (JO of 1962), the Central Governmenthereby declares its intention to acquire the right of usertherein:

Provided that any Person interested in the said land may,•within 21 days from the date of this notification, object tothe laying t>f the Pipeline under the land to the CompetentAuthority, Oil & Natural Gas Commission, Constructionand Maintenance Division, Makarpura Road, Vadodara.(390 009).

And every person making such an objection shall alsostate specifically whether he wishes to be heard in person orby legal Practitioner.

SCHEDULE

Pipeline fromState : Gujarat

Village

Ola

Well Nrt. K-243 ta GCS KalolDistrict : Mohsana '

Block No.

471473Cart Track474

raluka : Kalol

Ho;ta- Aroaro

0 060 060 010 10

Con-tiaro

00600565

[No. O-12016/183/86-ONG-D4]

4548 THE GAZETTE OF INDIA: NOVEMBER 15,1935/KARTIKA 24, ] 90S [PAR'T II—SEC. 300]

S.O. 3866.—Wncrcas it appears to the Central Govern-ment that it is necessary m (he public interest that for thetransport of pe;roleum lrom Well No. 15 to S.I.P.-34 inGujarat Staie pipeline should be laid by the Oil & NaturalGas Commission.

And whereas it appears that for the purpose of layingsuch pipeline, it is necessary to acquire the right ol userin the land described in the schedule auric wd hereto.

Now, Iherefore, in exercise of the powers conferred bysub-section (1) of the Section 3 'of the Petroleum iindMindals Pipelines (Acquisition of Right of irer in theLand) Act, 1962 (50 of 1962), the Central Governmenthereby declare^ its in ten lion to accjuiie the right of usertherein;

Provided that any Person interested in the said land may,within 21 days froci th? date of this notification, object tothe laying of the Pipeline under the land to the Competent

Authority, Oil & Natural Gas Commission, Constructionand Maintenance Division, Makarpura Road, Vadodara.(390 QOy).

And every person making such an objection shall alsostate specifically whether he wishes to be heard in person orby legal Practitioner.

SCHEDULE

Pipeline from Woll No. 15 to S.I.P. 34State : Gujarat District : Mchsana Taluka : Kalol

Village Survsy No. tL-cIa- Are Cen-ara tiara

1

Jethlaj

2

372/2364/1361/2362/1357/1357/2Cart Track475477/3

~477/l478/B/l478/1/C

'479/1 /A480/2480/1486483484550/2550/1178/29/210/P

•10/P24/127/22829/230/1

'31/PU31/Pi?32/2; 32/P,32/P

Cart Track162/2162/21481.49146

U9M99/289

1.91/292/292/16160

"585657

3

00000000000000000000

000000000000000000000000000000000

4

060104030401000301

23201231

040404

07020002000101,0101010102050301020002010304020403011204000303020304

5

50507000704545450550555550952055152050352020802075700000707080JO904595103565658520152540403050505500607505

[Na. O—12016/188/86-ONG-D4]

4349

S.O. 3867.—Whereas it appears to the Central Govern-ment that it is necessary in the public interest :hat for thetransport of petroleum from K-386 to G.G.S.-6 in GujaratState pipeline should be laid by the Oil & Natural GasCommunion;

An4 whereas it appears that for the purpose of laying•such pipeline, it is necessary to acquire the right of userin the land described in the schedule annexed hereto:—

Now, therefore, in exercise of the powers conferred bysub-seciion (1) of the Section 3 of the Petroleum andMinerals Pipelines (Acquisition of Right of user in theLand) Act, 1962 (50 of 1962), the Central Governmenthereby declare* its intention to acquire the right of usertherein:

Provided that any person interested in tha said land maywithin 21 clays from the date of this notification, object tothe laying of the Pipeline under the land to the CompetentAuthority, Oil & Natural Gns Commission, Constructionand Maintenance Division, M&karpura Road, Vadodara,(390009) ;

AnJ every person making such an objection shall alsoslate specifically whether he wishes to (be hear in person orby legal Practitioner.

SCHEDULE

Pipe Line from K-386 to GGS 6.Slate : Gujarat

Village

Zulasan

District

SurveyNo.

383397/1426422/1'•21420430431/1434

: Mehsana

Hectare

9000

,00000

Taluka : Kadi

Are Centiare

140921070606061714

. 1015305000007^1070

[No. O-12016/187/86-ONG-D 4]

4550 THE GAZETTE OF INDIA: NOVEMBER 15,19S6/KARTIKA 24,1908 [PART H - S E C . 3(ii)]

S.O. 3868.—Whcieac by a notification oi Government ofIndia in the Ministry uf Petroleum «fc Natural Gas S, O,3208 dated 20-9-86 under Sub-section (1) of Section 3 ofthe Petroleum and Minerals Pipelines (Acquisition of Rightof User in Land) Act. 1962 (50 of 1962) the CentralGovernment declared its intention to acquire the Right ofUnr in the Land* specified in the schedule appended tuthat notification for the purpose of laying pipeline ;

And whereas the Competent Authority ha* under Sub-•ection (1) of Section 6 of the said Act submitted reportto the Government;

And further the Central Government has after consideringthe said report decided to acquire the right of user in theLands specified in the schedule appended to this notifica-tion;

Now therefore, in excrciao of the power conferred by Sub-section (1) of the Section 6 of the said Act the CentralGovernment hereby declarer that the richt of user in thesaid lands specified in the schedule appended to this noti-fication are hereby acquired for laying Ihe pipelines ;

And further, in exercise of the power conferred by Sub-section (4) of that section, the Central Government direct*that the right of user in the said lands shall instead of vestingin the Central Government vest on this date of the publi-cation of this declaration in the Hindustan Petroleum Corp.Ltd. Bombay free from all encumbrances.

SCHEDULE

Village : Magholi Tahsil : Haveli, Dist : Punc

Village

Vagholi

* •

tt

§\

t t

1 >

* t

I t

-

SurveyNO.

2063IOOO

20622069207020742075207620772078207720892222222322252226222922302272227322742275227223072328232923332335

GutNo.

Pan

w

,,

• •

HhsaNo.

AreaH A

000000000)0000000000000000000000000000000000000000000000

40

n2420ot06I IIIII3322092118

nIKoy04276138157667337647H

[No. O,l2016'S7/83-prod]

4551

S.O. 3869.—Whereas by a notification of Government ofIndia in the Ministry of Petroleum & Natural Gas S O.3196 dated 20-9-86 under Sub-section (1) of Section 3 ofthe Petroleum nnd Minerals Pipelin.es (Acquisition of Rightof User in Land) Act, 1962 (50 of 1962) the CentralGovernment declared its intention to acquire the Right ofUser in the Lands specilled in the schedule appended tothat notification fur the purpose of laying pipeline ;

And whereas the Competent Authority has under Sub-section (1) of Section 6 of the said Act submitted reportto tho Government:

And further the Central Government has after consideringthe said report, decided to acquire the right of user in theLands specified in the schedule appended to this notification:

Now therefore, in exercise of the power conferred by Sub-section (1) of the Section 6 of the said Act the CentralGovernment hereby declares that the right of user in thesaid lands specified in the schedule appended to this noti-fication arc hereby acquired for laying the pipelines;

And further, in exercise of the power conferred by Sub-section (4) of that section, the Central Government direct*that the right of user in the said lands shall Instead of vestingin the Central Government vest on this date of the publi-cation of this declaration in the Hindustan Petroleum Corp.Ltd. Bombay free from all encumbrances.

SCHEDULE

Village : S&ngundo

Village

Singling

Tehsil : Khed Dlst

S.INo.

76

n:112129

: Pune, Maharashtra

H. No.

Partf »

j i

T r

Area

00 03 6000 10 0800 07 9200 30 24

[No. O-12016/14V%-ONG-D4]

4552 THE GAZETTE OF INDIA: NOVEMBER 15,1986/KARTIKA24,1908 [PART It-SBC. M*j)l

S.O. 3870.—Whereas by a notification of Government ofIndia in the Ministry of Petroleum & Natural Gas S O.3195 dated 20-9-86 under Sub-section (1) of Section 3 ofthe Petroleum and Minerals Pipelines (Acquisition of Rightof User in Land) Act, 1961 (50 of 1962) the CentralGovernnieat declared its intention to acquire the Right ofUser in the Lands ipecified In the schedule appended tothat notification for the purpose of laying pipeline,

And whereas the Competent Authority has under Sub-section (1) of Section 6 of the said Act submitted reporti'c the Government,

And further the Central Government has after consideringthe said report, decided to acquire the right of user in theLands specified in the schedule appended to this notification;

Now therefore, in exercise of the power conferred by Sub-jection (1) of the Section 6 of the said Act the CentralGovernment hereby declares that the right of user In thesaid lands specified in the schedule append j to this noti-fication are hereby acquired for laying the pipelines ,

And further, in exercise of the power conferred by Sub-section (4) of that section, the Central Government directsthat ihe riftht of user in the said lands shall instead of vestingin the Central Government vest on this date of the publl-cntion of tthis declaration In the Hindustan Petroleum' Corp.Ltd. Bombay free from all encumbrances.

SCHEDULE

Ti

ST

N

1.

2,

3.

4.

5.

6.

7. ;

8. ,

9.'!

10.

11.

Pipe Line from Lodhivnli to Katrang.

Huka : Khalapur.

•."villageo.

Lodhivali.

Asroti.

Nigdoli.

Shirvnli

Ka-.be Khalapur.

Madh.

Hal. ICd.

Ajoshi

iheel.

Varoso.

Katrang.

Dist

S. No.G. No.

106 (pt)107-A108

4153 (pt)

39 (pt)8989979797100100100106 (pt)119 (pO

?(pt)13 (Pt)

Gaothan131

72 '101 (pt)103 (pt)104

27 (pO

613 (pt)19C.T.S.C.T.S.C.T.S.

16

3

: Raigad, Maharashtra.

H. No.

7

1

1A2J•4A(1)4K5569

(Part)1

4

1

1

22452 (pt)7450 (pt)2441 (pt)

(Pt)

(pt)

Area

00 01 3500 05 4000 04 75

00 04 5000 01 50

00 25 3800 08 8200 02 2500 08 7500 06 1200 16 6400 06 9400 10 0800 07 7400 23 9200 23 00

00 07 7000 02 70

00 10 3500 12 78

00 09 6500 03 6000 03 2400 00 90

00 04 05

00 16 00• 00 04 00

00 03 0000 01 8600 01 6800 03 38

00 06 37

00 12 15

]Ko. O-12016/143/86-ONG-D4]

4553

1043 Cil/86—S

4554 THEGAZEtTEOFlNDIA'.NOVEMBERlS.l^e/KARTI.KA^lJOg [FART I I - S E C 3(ii)]

4556 THE GAZETTE OF INDIA: NOVEMBER 15,1986/KARTIKA24, 1908 [PVRT I I - S E C . 3(ii)]


S.O. 3871.—In the Notification of Government of India,Ministry of Energy (Department of Petroleum) No-12016|3I|82|Prod-n dated 16th April, 1933 published under S.O.No. 1861 in th© Gazette of India Part II Section 3, sub-sec-tion (li) at page* 1831, 1832 & 1833 issued under Section 6of »ub-«ctlon (i) of the Petroleum and Minerals Pipe lines(Acquisition of Right of user in land) Act, 1962 in tespectof villages : 1. Nigdoli 2, ShirWali 3, Vanve 4, Niinbode

5. Nadodhe Tahasil Khalapui. District Raigad, State Maha-rashtra, for S. Nos,, HIssa Nos, and areas shown in theColumn No-l of the schedule appended to this corrigendum,read the S. Nos, H, Nos, and areas as shown in the columnNo II of the said schedule.

2. Lands mentioned in thc part TI of the appended sche-dule, however, do not come under the pipe line projectdue to change in th© alignment and therefore, they aredeleted from the schedule appended to the Notificationunder section 6 sub-section (i) referred to above.

SCHEDULER«"KCol.U) For (Col. I)

Village

•Nigadoli

S.No.G.No.

59

606162—16364—16483848590111113114118118118120120120120

H.No.

" T P O ~~"(pt)(pt)(pt)(pt)(PO17/B(PO(Pt)1(Pt)(Pt)2 K(pt)34A12A5A5B5K5D

PAR!

Area

H.R.C.

00-11-4000-01-3500-14-0000-07-7500-18-3000-07-50T00-11-88/00-41-5900-07-<K)00-06-1200-00-5600-18-9000-03-0000-14-1200-14-38100-12-12 V00-18-00J00-05-40100-06-0000-08-10 i00-04-32 I

-I

Village

Nigadoli

S.No.G.No-

5960<616263

64

83848590

111113114

118

120

H.No.

(p~0~ "(Pt)(pt)(Pt)(pt)

(Pt)

(Pi)(Pt)(pt)(pt)(pt)(Pt)(Pt)

(Pt)

(PO

Area

H.R.C

00-06-0000-06-0000-07-0000-07-9000-22-00

00-13-00

00-73-0000-07-0000-22-0000-18-0000-15-0000-22-0000-11-00

00-38-00

00-23-00

PART-IINigdoli 91

929596

107

(pt)(Pt) -(PO(Pt)(Pt)

00-07-0000-13-0000-09-0000-12-0000-37-00

SCHEDULERead Col.-II

Village

Shirvali

S.No.G.No.

445

1011123435353535424355565760

H. No.

12(pt)(Pt)(pt)(Pt)11234(pt)(Pt)(Pt)(Pt)(pt)2

Part IArea Village

HRC.

00-10-261 Shirvali00-05-40/00-07-8400-06-5700-05-4000-05-4000-04-4000-03-50100-02-70 100-03-15 I00-02-70J00-05-1500-20-2500-03-2400-06-4800-18-0000-25-10

For Col.-1

S.No.n i*Jn

4

510111234

35

424355565760

H.No.

(Pt)

(pt)(pt)(pt)(pt)(pt)

(pt)

(pt)(Pt)(Pt)(pt)(pt)(PO

Area

H.R.C.

00-15-00

00-15-0000-07-00

00-02-000-07-0000-07-00

00-04-00

00-02-0000-18-0000-10-0000-04-0000-J .1-0000-22-00

' —^

4557

PART-TI

Village

Shirvali

S.No.G.No.

6514154

H.No.

(pt)(pt)(pt)(Pt)

Area

H.R.C

00-01-0000-04-0000-11-0000-01-00

SCHEDULE

Read (CloII) For (CoinPART

Village

Wanavc

S. No.O.No.

1234

14152727324743505152

H.No.

(Pt)1

(Pt)(Pt)(PO(POi2(pt)(pt)(Pt)(Pt)(pt)(pt)

Area,—_

H.R.C.

00-02-7000-08-0000-05-0400-08-1000-21-1500-16-0600-16-08\00-04-77/00-08-6400-09-1800-08-4600-02^000-08-6600-08-26

'-I

Village

Wanuve

S.No.G.No.

1234141527

324748505152

H. No.

~ ~(pt)"(pt)(pt)(Pt)(.Pt)(Pt)(pt)

(Pt)(pt)(pt)(Pt)(pt)(pt)

Area

H.R.C.

00-19-0000-11-0000-09-0000-04-0000-25-0000-07-0000-1 8-00

00-07-0000-04-0000-09-0000-05-0000-16-0000-05-70

Village

Wanave

PART-H

S.No.•G.No.

46

H.No.

(pt)

Area

H.R.C

00-04-00

Nimbode 3034363741415656565859

17032K(pt)123(pt)1

PART-100-01-78 Nimbode00-06-3000-03-7500-02-00

00-28-08\00-18-72/00-10-80100-15-75 y00-17-28 J00-06-4800-01-35

30343637

41

56

5859

(pt)(pt)(Pt)(pt)

(pt)

(pt)

(pt)(pt)

00-02-0000-14-0000-20-0000-23-00

00-30-00

00-22-00

07-00-0000-1O-OO

SCHEDULE

Village

Nimbodc

Read Col II

~S.No.G.No.

6262626363

H.No.

_ .... ...5 B H - 8512

PART-II

Area Villa go__.._

H.R.C.

00-12-65")00-22-86 V00-07-77J00-04-25 \00-04-50/

For Col-I

S.No. 'G-No.

62

6?

" H.No!

(Pt)

(Pt)

Area, ,

H.R.C.- . _

00-27-00

00-16-00 .

4tfs THE GAZETTE OF IHDIA: NOVEMBER 15. 1986/KARTIKA24, 190S [PART TI-SEC. 3(ii)]

PART-II

Village

Nimbode

S.No'

64

H.No.

(pt)

Area

00-14-00

PART-1Nadodhe 26

28434343434343485469707474747577

(PO<PD1415161923

5A(pt)(Pt)(pt)123(pt)(pt)

00-34-40 Nadodhc00-£0~JO00-17-42 "100-10-8000-03-00 100-18-00 i00-06-00j00-08-82J00-29-7000-10-2600-06-7500-18-0000-03^37 "100-05-94 100-05-85 J-O0-O6-07]0O-33-12J

26"28

4854697074

7579

(pt)(pt)(pt)

(Pt)(pt)(pt)(pt)(Pt)

(pt)(Pt)

00-14-0000-23-0000-57-00

00-1 8-0000-06-0000-2.3-0000-05-0000-18-00

00-09-0000-32-00

PART-I1

Village

• Nadodhe

S. No.G.No.

6878

H.No.

(PO(PO

Area

H.R.C.

00-05-0000-37-00

Sd/- Competent Authority[No. O-12016/31/82-Prod. I]

Now Dalhi, tho 29th October, 1986

ERRATUM

S. O. 3872. —For the words and figures appearing in theCorfiaondum to section 3 (i) Notification UsUod und«rGovt. ofIndia's Notification No.O-12016/31/82-prod-II under S.O.3201 datod 20th Soptombar 1986 (Published in Govt. of IndiaGaMtta Part II—Soction 3 (ii) pago No. 3640 dated 20-9-86,road.

(i) ViHago—Nimbodhd

(i) S.No.62

(i) S.No.54

ForH. No, Aroa

9 00-07-77(ii) Villago—Nad

H.No.(Pt)

Aroa00-12-06

S.No.62

Lodhc

S.No.54

RoadH.No

5

H.No.(pt)

Araa00-07-77

Araa03-10-26

Sd/-Corapotont Authority,

[No.O-12016/31/82-Prod]

P.K. R A J A G O P A L A N , DC:ik Officer

4559

MINISTRY OF HEALTH AND FAMILY WELFARE

(Deptt of Health)


S.O. 3873.—Whereas in pursuance of clause (o) ofsub-«ction (1) of section 3 of the Indian Nurisine CouncilAct, 1947 (48 of 1947), the Rajyu Sabha has ejected fromamong its Members Shrjmati Bjjoy Chakravorty on the13th May, 198* to be a Member of the Indian NursingCouncil in pface of Shrimati Roda Miitry.

Now, therefore, in pursuance of the pnrviaionj of iub-section (1) of section 3 of the said Act, the Central Govern-ment hereby make* the following further amendment in thenotification of the Government of India in the eritwhileMinistry of Health No. S.O. 1147r dated the l»t December,1938, published in the Gaaette of India, Part II, Section3(i), dated the 6th December, 1958, at page 1131,namely :—

In the laid notification, under the heading "Elected underclause (o) of «ub-«oction (1) of section 3", for serialnumber 3 and the entries relating thereto, the followingSeriar number and entries shall be lubttltuted, namely :—i

"3. Shrimnti Bijoy Chalcravorty, Member of Parlia-ment."

(No. V. 14O13]1|86-PMS]

SHOBHANA RATENDRAN, Dy. Secy.

4560 THE GAZETTE OF INDIA: NOVEMBER 1 5. 1986/KART1KA 24,1908 [PART II -SEC. 300]

DEPARTMENT OF SPACE

Bangalore, the 20th October, 1986

S.O. 3874.—In exercise of the powers conferred by theproviso to article 309 of the Constitution, the Presidenthereby makes the following rules further to amend theDepartment of Space Employees' (Classification, Control andAppeal) Rules, 1976, namely:—

1. (1) These rules may be called the Department ofSpace Employees" (Classification, Control and Ap-peal) Amendment Rules, 1986-

(2) They shall come into force on the dtile of theirpublication in the official Oazetle.

2. In the Department of Space Employees' fCUissiflofllion.Control and Appeal) Rules, 1976 :—

(i) for heading "Pait Vill—Review", the followingheading shall bo substituted namely :—

"Part Vill—Revision and Review", and for themarginal heading "Review", "Revision"1 shall hesubstituted,"

(ii) in sub-rule (1) of Rule 2b

(a) for the word 'review', the word 'revise' shall besubstituted and for the word 'reviewed' theword 'revised' shall be substituted;

(b) to the first proviso, for the word* 'reviewingauthority', the word* 'writing authority' ihall besubstituted and for the word Yeviawed" theword 'reviMd' thall b« instituted;

(c) in the second proviso, for the words "power ofreview", the words "power of revision" shall besubstituted;

(iii) in sub-rule (2) of rule 26, for the word 'review'the word 'revision' shall be substituted;

(iv) in sub-rule (3) of the rule 26 for ttfe word 'review',the word 'revision' shall be substituted;

(v) after rule 26, the following rule shall be Insertednamely :—

"26-A Review—The President may, at any time,either on hu own motion or otherwise, reviewany order passed under these rules, when anynew material or evidence which cpuld not beproduced or was not available at the time ofpassing the order under review and which hasthe effect of changing the nature of the ense, hascome, or has been brought, to his notice.

Provided that no order imposing or enhancingany penalty shall be made by the President unlessthe Government servant concerned has beengiven a reasonable opportunity of making ft re-presentation ngainst the penalty proposed orwhere it is proposed to impose any of the majorpenalties specified in rule 8 or to enhance the minorpenalty' imposed by the order sought tobe reviewed to any of the major penal-ties and if ati enquiry under rule 11has not already been held in the case, no suchpenalty shall be imposed except after inquiringin the manner laid down ir. rule It, iubfeci tothe provisions of rule 16, and except after con-sultation with the Commission where such con-sultation is necessary."

[No. 2/5(2)/8<5-VlT. S. VENKATARAMAN, Dy. Secy.

NOTE : Principal rules were published vide NotificationNo. 2/9(12)/74-IH(I) dated 1-4-1976 in the Gazetteof India (Extraordinary), Part-IT, Section 3, Sub-section (ii), dated 1-4-1976 and have been subse-quently amended by :—

SI, No.

1.

2.3.

4.

5.

6.7,

8.

9.

10.

11.

12,13.

14.15,

16.17.

18.

iy.

Notification No.

2/10(32)/I76-T

2/10(32)/76-I

2/10(27)/76-I

2/10<5)/77-I

2/7(5)/77-I2/9(12)/74-m(09/4<l)/80-III9/4(l)/80-in9/4<l)/80-m9/4(l)/80-III9/4(l)/80-m9/4(l)/8O-m9/4(l)/80-III

2/8(l)'/81-I2/8<l)/81-I2/9(l)/83-T(V)2/5(1 )/85-V2/9(l)/83-I(V)2/5(l)/86-V

dated

10-02-197716-05-197701-08-197727-05-1978

27-05-1978

16-03-197926-05-198026-05-198005-09-198013-10-198013-10-198020-12-197020-12-1980

28-08-19-8116-07-198229-07-198502-01-1986

02-01-197P617-03-1986

4561

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of Education)


ORDER

S,O. 3875.—In exercise of the powers conferred bysub-section (i) of section 5 of the Aurovillc (EmergencyProvisinni) Act, 1980 (59 of 1980) and in continuation ofthe orders of the Central Government in the Ministry ofEducation and Culture (Department of Education) No. F.8-5I80-PN-1, dated the 14th November, 1980 No. F. 43-24|82-INC|UU(AUR), dnted - the 18th May, 1933, No. F.43-24[82-lNC(AUR)]UU, dated the 3rd November, 1983,No. F. 43-24|R2-INC(AUR)IUU. ilatcd the 31st October,1984 and the Government of India in the Ministry ofHuman Resource Development (Department of Education)Order No. V. 43-24|82-INC(AUR)]UU, dated the 24thJanuary. 1986, the Central Government hereby extends theterm of appointment of Justice L, P. Nigam, retired Judgeof the Allahabad High Court as the Administrator for thepurpow of the said Act up to the 9th November, 1987,

LNo. F. 43-241 82-INC(ALW) |UU1

BAlDFV MAHAJAN, Director

MINISTRY DF WATER RESOURCES.

New Delhi, the 3rd November, 1986

S,O. 3876.—In exercise of the powers conferred bySub-Section (i) of tho Section 7 of the Bctwa River BoardAct, 1976 (63 of 1976), the Central Government herebyfurther extends1 the period of deputation of Shri Rarr.«shChandra, 1A&AS as Financial Adviser, Betwa. River Board,lhansi for a further period with effect from 30th June,1986 upto 31-7-86.

;No. 10147185-P. IU1

K. K. TANDON, Under Secy.

MINISTRY OF URBAN DEVELOPMENT


SO 3877—Whereas certain modifications, which theCentral Government proposes to mate in the Master Plan

1043 GI/86—6

4562 THE GAZETTE OF INDIA: NOVEMBER I 5, 1986/KART1KA 24, 1908 , [PART H - S E C . 3(ii}]

for Delhi regardinfl t ie <ur«u mentioned heTeunder, worepublished with Notice No. F. 2(K6)/E4-MP dated 19-9 8fiin accu'Jance with the provisions of section 44 of the DelhiDevelopment Act, 1957 (61 of 1957) inviting objections/suggestions, as required by sub-seciton (3) of section 11-Aof the said Act, within thirty day* from the date of thelaid notice;

And whereas no objections or suggestions have beenreceived with regard to the aforesaid modifications;

Now, therefore, in exercise of the powers conferred bysub-section (2) of ection 11-A of the said Act, tho CentralGovernment hereby makes the following modifications inthe said Master Plan for Delhi with effect from the dateof publication of this notification in the Gazette of India,Namely :—

MODIFICATION :

"The land use of an area measuring about 2648.IS MI.yds. falling in Zone D-3 and bounded by Educational Insti-tution (Law Institute) towards its North, residential (Go-vernment Bun glows') towards South and r?as;t and Publicutility (Electric Sub Station) towards Wi^t is changed from"Public and Semi Public facilities (Dhohi Ghat and Elec-tric Sub Station Sites) anj Circulation 'to' Governmentalme" (Lawyers' Chamber)."

[No. K-13011[18[84-DDITAJ

IT. K. GHOSH, Desk Office r

(Works Division—W.3)

New Delhi, the 30th October. 1986

S.O, 3878.—Whereas in pursuance of claxrse (d) ofeub-section (1) of section 4 of the Rajghat Samadhi Act,1951 (41 of 1951), Shri R. K. Nnrayan, Member of Parlia-ment, has been elected as Member of the Rajghat SamadhiCommittee vice Shri Kushwant Singh. Member of Parlia-rae'nt, the Central Government hereby makes the followingamendment in the notification of the Government of Indiain the erstwhile Ministry of Works and Housing numberS.O. 3793 dated the 25th June, 1985 namely •.

"In the said notification, against serial No. 10, for theentry ''Shri Kushwant Singh", ihe following shall be substi-tuted, namely :—

"Shri R. K. Nerayan, M.P.".[F. No. 25O11]7|85-W.3]

D. N. BHARO.WA, Director (WP)

MINISTRY OF TRANSPORT

(Department of Civil Aviation)

Now Djlhi, the 23rd October, 1986

S.O. 3879—In exercise of tha powers conferred section 3 roadwith section 17 of tho Public Premises (Eviction of Unautho-rised Occupants) Act, 1971,(40of 1971) and in suporsossionof tho notification of tho Government of India in tho thenMinistry of Tourism and Civil—Aviation No. AV, 24023/2/84-AA (F.II), dated the 23rd July, 1985, tho Central Govern-ment hereby appoints tho officelu of the Governmentof Maharshtra mentioned in column (1) of tho Tablebolow, being gazetted officers of Government, who shall

4553

ertaroisos the powjri conferred a»d perform th.; dutiesimposed on eitate officer* by or under the Siid Act withinthj local limits of thjir respective jurisdiction jpe^lflodid tlw corresponding entries in column (2) of ihesaid Table—

r

1

21

3

Table

>esignationof Officers

" ( T j ~~

. Deputy Collector,(Encroachments),Kurla—II,Topiwala College,Muland, Bombay.

. Deputy Collector,'Encroachments),Kurla—III,Building No. 6,Sindhi Camp nearNavJocva n society,Chembur,Bombay.

. Deputy Collector,(Encroachments),Andheri Sandra,MH Building,, Bombay.

Local limits of jurisdiction

Land belonging to the Contra!Government in—

WARD 'KE', TALUKAANDHERT AND KURLA

WARD 'L', TALUKAKURLA

WARD 'HE',

TALUKA AND HER1

[No. AV.24'023/2/84—AA (P. 10]A-M. SEHGAL, Financial Controller.

MINISTRY OF RAILWAYS

(Railway Board)

New Delhi, the 4th, November. 1986

S.O, 3880.—In pursuance of Sub-Rule (2) & (4) of Rule10 of the Official Language (Use for tho Official purposes ofthe Union) Rules, 3976, the Ministry nf Railways, RailwayBoard hereby notify the Zonal Training School, Udaipurof Western Railway, where ihc sta/1 linvc .icquiietj the work-ing knowledge of Hindi,

[No. Hifldi-86|UX-Iil2!31A. N. WANCHOO, S«cy. S*iiwav Eowd * Ea-OfBci©

Jcw'nt Secretary to th« Oovt. of Indi«.

MINISTRY OF COMMUNICATIONS

(Department of Teleeommunicfitionj)

New Delhi, the 28th October, 19S6

S.O. 3881.—In pursuance of puni (a) of Section III ofRule 434 of Indian Telegraph Rules. 1951, as introduced byS O. No. 627 dated 8th March, I960, the Director General,Department of Teleeommunicaiioni, hereby specified16-11-1986 as tiie date on. which the Measured Rate Systemwill be introduced in Vallam, Kunmgulam, Naducauvery,Melathirupanthuruthi and Kallaperambur Telephone Ex-changes, Tamil Nadu Curie.

iNo. .V26/86-PHB]

New Dolhi, the 2^th October, 1986

S.O. 3882,—In pursuance of para (a) of Section III ofRole 434 of Indian Telegraph Rules. 1951, »s introduced byS. O. No. 627 dated 8th March, 1960, the Director General,Department of Telecommunications, hereby specified16-11-1986 as the date on which the Measured Rate Systemwill be introduced in M. Pudupatta, ThayilpattJ, Kakkiva-dampatti, Nanjjuncri, Kalakad, Moolakaraipatri and Penan-kulam, Telephone E.xchaneM, Tami) Nadu Telecom. Circle

[No. 5-33/86-PHH;K. P. SHARWA, Aim, Director General flPHB

4564 THE GAZETTE OF INDIA: NOVEMBER 15, 1986/KARTIKA 24, 1908 [PART 11-SEC. 3(ii)]

(TELECOM BOARD)

New Delhi, the 7th November. 1986

S.O. 3883.—Whereas a public notice for revising thelocal area of Karvi-CbitraUiot Telephone Exchange Systemwas published us requirej by rule 434 (III) (2c) of theIndian Telegraphs Rules, 1951 in the Newspapers in circula-tion at Karvi-Chitrakoot, inviting objections antl suggestionsfrom all persons likely to be affecfed thereby, within a periodof 30 days from the date of publication of the notice in theNewspapers;

And whereas the raid notice was made available to thepublication on 15-3-1986 in 'Northern Indian Pairika' and'Dainik Jagran' and on 17-3-19S6 in Dainik KaramyugParkash, and corrigendum published on 29-7-19S6 in NorthernIndia Patrika and 30-7-1986 in Dainik Jagran Newspapers:

And whereas no objection1: nnd suggestions hnve beenreceived from the public on the said notice;

Now, therefore, in exercise of the power conferred byrale 434 (IIJi (2c) of the siiid Rules, the Director GeneralDepartment of Telecommunications hereby declares that witheffect from 16-11-1986, thr. revised local area of Karvi-Chitrakoot shall be as under :

KARVl-CHlTRAK-OOr Telephone Exchange System : ~The local area of Karvi-Chitrakobt telephone system shall

cover an area following under the jurisdiction of CtitrakootD'ham Karvi Niigarpalika ;

Provided [hat the telephone subscribers located outsidethe Chitrakoot Dham Karvi Nagarpnlika limits but who areserved from Karvi'CtntraKoJt Telephone System will continueto pay local tariffs un ling as they arc located within 5 Kmaof any exchange of this system and remain connected to it.

[No. 3-7|S5-PHB]

I. K. CHHABRA, Duector Phonea(E).

MINISTRY OF LABOUR


S.O. 3884,—In pursuance of section 17 of (he IndustrialDisputes Act, 1947 (14 of 1947), the Central Governmenthereby publishes the, following award o£ the CentralGovernment Industrial Tribunal, Kanpur, in the industrialdispute between the employers in delation to the manage-ment of Northern Railway, Lucknow and their workmen,which was received by (be Cential Government on the13th October, 1986.

BEFORE SHRI R. B. SRIVASTAVA PRESIDING OFFI-CER CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL CUM LABOUR COURT, KANPUR

Industrial Dispute No. 45 of 1984

Reference Mo. L-41O12|22[83-D. 1KB) Jt. 14-5-1985

In the matter of dispute between :

Shri Uma Shanker,

C|o Shri B. D, Tewari, 96) 196 Roshan Bajaj,

T.ano Gimesh Canj, Lucknow.

AND

Senior Civil Engineer jConfttruction,Northern Railway.

Lifcknow

APPEARANCE :

Shri B. D. Tewari—for the workman,

Shri K. C, Jauhari—for the Maniipemcnt.

AWARD

1. The Central Government, Ministry of Labour, vide lt§notification No. L-41012|22|83-D. 1I(H) dt 14-5-1985. hasreferred tUo following dispute fov adjudication to Ihistribunal;

4565

Whether Die Livlioii oi the /nanaseir.vnt of NorthernRailway, in relation to liicir Senior Civi) EngineerConstruction, Luejaiow in not providing employ-ment to Sin i Uma Shankcr Chowkjdar w c.f.17-3-1982 is j unified 7 If nut, to what relief is

the workman concerned cnttiled 7

2. Thj case of the workman is ihat he was initially ap-pointed as casual labour on 15-2-76 und worked tilf 16-3-82and in this way had completed 15o5 days ol work duringtin's span and he completed mote Chan 2S0 days of workin several span. Ihc workman was first of all illegalyretrenched by PWl construction 2-3-81. The union laisedobjection and raised industrialdispute and in the earlierproceedings Sr. Civil Engineer (.Const) agreed to take back•workman on duty he was consequently taken back on dulyon J5-i9-81. The workman was not paid authorise scaleof pay on which he again raised dispute before this honour-able court on which the senior civil engineer consti uclionand PWl Shri GS Bhatt fell inragcd and letminatcd theservices of the workman w.e.f. 17-3-82, It is averred thatthough his termination look place on 17-3-82 his service-;were terminated earlier on 15-3-.S2 and lie was rcappointedas uangman ut Koja station on the same day i.e. 15-3-K2on the name of transfer from I ucknow to Roza knowinglull well that casual workman arc not liable for transfer,however, the workman continued to work at I iscknow on15-3-82 and 16-3-82 and from 17-3-H he was shunted outwithout any prior notice, notice ray UI" retrenchment com-pensation. He( consequently be entitled to be reinstatedwith full back wages.

3. The management <n i'1 written Ma.cment louk picathat the workman wa5 never transferred to Roza but beingwork charged stall" he was charged in the yard remoddcl-ing work of Roza with head qi\±itcr$ ut Roza under thejurisdiction of Senior Civil Engineer Construction NothernRailway, Lucknow and also under the jurisdiction of P.W.I.The workman was never transferred hut on completion ofother works/handing over of the work to other incumbentthe employee was charged against other sanction and shift-ed to other work charge sanction alongwith other staff fore:\ecuting the work. It is flintier averred that the .workmanwas never retrenched but absconded from duty from Rozaw.e.f. 17-3-82 and never presented himself for employment.Information by P.W.I, vide letter dt. 27-4-82 was ghen.The management by wav ol written statement made para-wisc reply and averred that if on 25-1-81 the workman wasretrenched hut he left on his own. accord and left the storematerials unattended at his place of duty and according toRailway Board circular dt. 8-6-81 a cusual labour ceasei lobe on the roll if he remains on unauthorised leave for morethan 3 days. After conciliation before ALC, the workmanwas given fresh apopintment on 15-1-81 ns labour to workon workchareed employee on post created for completionof any work, so workman can n>>t claim any right. Themanagement reiterated the stand that ths management evertcnt'inated the services of the workman w.c.f. 17-3-82, buthe absconded "from duty from Wuiu wx.L 17-3-82 but des-pite information he nc\er returned for t'u'y. That he wasnever terminated buf on completion of their work and hand-ing over the work to other in_umb:inls the employe v.ascharged against other sanction and shifted to" other workcharge sanction idontwiih i>.hi;r stall for e.iec-iiliinj thework. In the end it is averred that at no stage oi tune theemployee was iciienchcd buL the employee himself abscond-

ed from duty of his own accord, ntwuthoiisedly and with-out informing the railway olUcul and left the stores un-walched at the place of his duly ft is averred in the samesequence that it wash is legal and noin.ul duty D£ watchingthe railway property in his charge before leaving his ser-vice and that the workman being piojcct casual labour i«nut entitled to benefits of next below rUe.

4, In the rejoinder it is averred on behalf of the work-man that the workman was paid at Lucknow us Chowkidarupto 17-3-h2 whereas the record shows that he was retain-ed at Lucknow by employer.

5. In support of its contention the manaycrrent has riledthe letter of the Senior A-counis Of lice- (Const.) dakd8-3-83 testifying that the workman was r>:iij fur ihe period15-3-82 to 16-3-82 vide pay shcei submitted bv under VRNo. 372 on 20-4-82 in piesence if Shri G. S. Uliatt PWlconstruction (ii) I.ucknow The iv;x.t documents filed isregistiation slip no. 1013 showing that H letter was sentlo Uma Shankcr workman, paper no. 3, is thc I'ctter ofSunder Lal Mate under his thumb impression imimutinc thePWl (ii) Lucknow ir.fonning that the workman attendedduly on 15th and l&th and left for Lucknovv by SiyaldnliExpress informing that be would nut woik at Roza, hencehe is marking the woikman absent from 17-3-82, 4th docu-ment is letter of PWl ill. 26-4-82 intimating the workmanthat he had approached him with the letter of Asst. Hrigg.Construction dt. 22-4-82 in which he was asked to employthe workman in pioject no. lib for which work he did notcome forward hence he was asked to contact hin~» withina week else PWl would be helpless foi want nf vacancy. Itappears that this letter was sent by registered post. Themanagement has further filed letter ;.Ld'esscd to Shri Bhattto appoint him and Shri Umn Shankcr was directed to S°1o project no. 116 on 22-4-82. The management has filedletter of management dated 10-3-82 whereby he has re-quested thai he absent from duly to 26-l-K] to 12-2-81 onnodical hence he be given scale vnle of pay. The managementhas filed nuistur-cuiivpay sheet showing that the work-man was present on 15th and Ihth March, 19S2 and wasabsent thereafter and in thc end it is endorsed as left. Thdnext document is tho photo copy of thc telegram showingthat the workman was working ns Chowkiitar nt JTU" hadleft stoic unattended from 2-3 Kl. The management hasfiled the service sheet showing that the Workman h;ul work-ed as chokidar from 15-10-80 to I4-3-K1 in broken peiiodand his scale rale vv:is discontinued from I6-I-19M.

ft. In support tit iis contention, the maiu.fc^tncnl has exa-rrrned 2 witnesses namely Shri G. S Hhatt as M.W. 1 andin his .nfnda\it has deposed abnut unauthorised leave from25-1-1981 lcinin,-; tin1 ntoro mnien'iil-, unwatchtd and with-out infonninq the rail'way aul'ioriiics as a result of whichhe ceased to be on rolls after three days imd he •'•Js givenfiesh appointment on 15-9-8], that lie hein.n a projectL-:isual labour was never uuthorihej to scale oF pay similarlylie was neve/- retienched i;'om 17-3-H2 but he abscondedfrom duty from, ROZJ, despite im'urm.iuoii bv it-Liblercd poston 17-4-K2. He furthor avcried therein that ihc workmanwas transferred to Roza bui bcini; a v.ork eh.irgcd *l'MX hev.;is charHSvl for yard rcmodeliinj ^ork t'l Roza w-ith MeadOuauoin ;3i I ivknow, unJ undsM the jiuisdiciiun olJ the CivilEngineer Construction I.ucknow.

4566 THE GAZETTE OF INDIA: NOVEMBER 15,1936/KART1KA 24, 1908 [PART II—SEC 3(ii)]

7. fn c;rC(>s examination he udmits that the workman wasnot transferred to Roza on 15 or 16-3-82. He further ad-m't* pay slip ext, W.I dated 17-4-82 which show» that theworkman was chowkidar and his wage period was fioin15-3-82 lo 14-4-82 and that for two daya he was paidRs. 14 at the late of Rs, 7 per day. . The witnean however,states that designation chowkidar is written wrongly in ext.W-l but admits that payment was made at Lucknow. Headmilt that (Jmashanker had obtained card pass from hisoffice for going to Roza as Gangrr.an, he further admittedthat card pans register could be tiled in com t, it muy bementioned here that the management never filed any do^u-n.»:nt to show that the workman undct his signature obtain-ed caiU piiss for attending duty at Roza as gangmati. Headmits that the workman was made ganjjman from chowki-dai on 14-3-82 when sanction of the post of chowkidar wasexpired and the post was transferred under P.W.I. Shri (J.P. Singh where the workman refused to work. The manage-ment has failed to show that the sanction of the pout ofchowkidar wav expired on 14-3-32 and it was on that ac-count that he was transferred to Roza from 15-3-82 andexhibit W-l shows that the post of chowkidar continued forthe period 13-3-82 to 14-4-82 lor which period he w as paidfor two day» work at J.ucknow on 17-4-82, before the wit-ness i.e. after expiry of period of chowkidar, if the work-man was not entitled to his two day pay between 15-3-82lo 14-4-82 on the post of chowkidar the management wit-ness should not have signed it. From the fact that ha hassigned the document and in the absence of the document toshow the post on which the workman was working earlierexpired on 14-3-82 lend support to this contention that thepost of chowkidar continued for the period 15-3-82 to14-4-82 and it was two days work during this period possi-bly on 15-3-82 and 16-3-E2 for which the workman waspaid on 17-4-82. The management's own document paperno. 1 shows that the workman was paid for 15-3-82 and16-3-82 in the presence of Shri G. S. Bhatt P.W.I. (J)Lucknow. This document falsifies the suggestion of ShriG, S, Bhatt in cross examination when he deposes that Ext.W-l docs not disclose for what two days he worked forwhich he got payments.

8. Management's another witness M.W.-2 is Mate ShriSunder Lal. He deposed that in Match, 1982 workman wasworking in his gang under his supervision at Roza and thathe worked for two days i.e. 15-3 82 and 16-3-82 and ab-acoiiued from duty w.e.f. 17-3-82 and he accordingly in-formed the PWI (II) about it. In his cioss examinationhe adn/.ls that he wa<; illctrate. He admits that one beldarunder him was literate and he used to write names, accord-ing to him Umashanker workman was prcsont on 15th mid16th .March, 19S2 and workman was in store and wag notdigging earth for earth work. He further states that work-man hns not brought with him any letter of P\Vl when hemet him for duty. He further admits that prior to thatworkman was not working with him. Hi further ndriiitsthat Shri Bhatt did not visit Roza on 15th and 16tb March.1982 but hud verbally told him on 14th March, 1982 thatthe workman mav be taken on duly while lie was leavingRoza for Lucknow. He further stated that the workmanhad gone Roza on 14th by some night train but later resil-ed and staled thai be did not know by which train th;workman had reached at Tio/a. ft is strange that tli;workman v.as lukeu on duly hy Sunder Lal on 'he verb 1instruction of Mr. Bhatt nt Lucknow, in the absence ofany document to show that project work commenced atRoza fioni 15th Maich and the workman was wurkinK at

store camp and card pass by management was itmed to himunder these circumstances I am not inclined to believe thiswitness and it appears that the paper no. S fii'ed bv 'hemanagement was prepared later on the instructions of thePW7. Admittedly all Ihis in irj English and mu*t have beenprepared by some one else other than Sundcrlal.

9. On behalf of workman two witness have been examin-ed out of which WW1 is workman hiniKeff and in his affi-davit he has reiterated the case set out in the claim state-ment. He had given two affidavit one is dated 13-12-84and the other is dated 8-8-85 and in the earlier affidavit heiimply reiterated the stand taken in the claim statement andin the next affidavit dated 8-8-85 is regarding submissionof n.cdicat certificate dated 15th and 16th March, 1982sin ,ing that the said document is genuine. The certificateis dated 14-5-85 issued by Dr. SZHR Baiaha on. 14-5-85showing that the workman was suffering from Dyria from15 to 16th March, 1982 and was advised treatment andreit for two days. He too has been examined as WW. 2Workman in his cross examination has deposed that despitehis illnesu he attended duty und obtained medical certifi-cate later. He deposed that he was chowkidar of PWIO. S. Bhatt and the work of Shri Bhatt was doing in Luck-now as well as at Roza on those days. He has denied th«management's suggestion that Shri Bhatt P.W.I, had nowork at Lucknow on '5th and 16th March, 1982 and nomaterial was lying at T.uclcnow .-*t that time, H c has *m-phasised thut ho had line steepen at Lucknow which weregiven under his supervision at Lucknow it n.*ay be duringthat line sleepers were given to him as Shri Bhatt PWI wasinstructed with the work of remodelling of yard for addi-tional facility at Roza. The workman has deposed thatall that was kept under tent in tiie camp office.

10, Dr. ZaJiuriddin M.W. 2 hat proved his coitilicateWW2 in cross examination h© admit» that ho had a registerfor issuing certificate which he has not with him at thatime of deposition and ho has not ne*cd any reference num-ber in his certificate. He however, stated that while suffer-ing from Dyria one can work. His evidence in the absenceof treatment register certificate issuing register and parti-cularly the fact that certificate was issued about 3 yeanlater in May, 85 about treatment in March. 1982 does notinspire confidence. f fail to understand why thiscertificate at alf obtained and the witness examined whenadmittedly he worked on 15tb and 16th Match, 1982 andthus t air? not inclined to believe him o,i the point that the.workman was at l.ucknow on those days if purpose ofhis dcposilion is that hut I am inclined lo believe the work-ivwn on this point which emerges from Ext. W-l that hcwas chowkidar for the period 15-3-82 to 14-4-82 and thathe waE paid at Lucknow before Shri G. S. Bhatt on17-4-84. It appeals that payments for two days was madeto the workman on the instriiCiiong t)f Shri G. S. Bhatt,P.W.J. when he was making efforts for being taken oneiiiploj merit and it was on this count that soon after on26-4-82 P.W.I, (fl) wrote to the workman that on the in-strueiion of Assistant Engineer Construction he was requir-ed to .it:cnd project no. 316 but he did not fio for duty.The management's letter dated 19-4 82 addressed to ShriG, S. Bhatt shows that the workman war directed lo goon 24-4-82 to project no. 116. In these circumstance? andfor the reasons discussed above T am inclined to believethat the workman was cease to work from his chowkidarduly w.e f. 17-3-82 whereas he was required (o woik forthe period 15-3-81 to 14-4-82. The workman was issuedservice certificate by tbe CSE Northern Railway showingI hat (hc workman worked either r"K chowkidar or gunpmanfi-om 15-12-76 to 16-3-82 in broken period nnd in cne spanIT year counting back word from 16-?*K2 he woiked for183 days. Thi management has not filed unv document

to show that the workman was \vorkinc on rrojeci dtspiteaverments in the written blalelnent to that effect on 3-7-86

4M>7

management (niovtd an application filing two cttocumcntsalleging that the management had taken pica from thevery beginninjr thnt the workman was daily rated casuallabour on project foi- remodelling of yard for providingudditionul facility at Roza. He has filed true copy of thesanction of the abstract works programme- 1979-80 of i.ernno. 372. The paper filed by tli; mfinajjerr.vnt shown thaiiiejn no. 372 was regarding remodelling of ynr-] fur L-'.'ditiorml facility at Roza, the payment record Hied hv Ihemanagement shows that pay sheet was submit'ed fs no.372, the payment receipt cut. W.I filed by the workminsuggests that one period was for the period 15-3-82 tc>14-4-82 and according to worknian rail's were put in hischarge at Lucknow for watching as chowkidar. All thisauggesta 1hat the workman was employed on project no,372 which work was to continue from 15-3-82 to 14-4-82 andthat after workinK for two days i.e. 15-3-82 and 16-3-82(the workman was ceased to work without any ji'stifyinscai;«e.

Tn its application management stated that the workirjmabsconded fromi duty consequently not providinn him workfrom 17-3-82 a* chowkidar was not justified. The resultis that the workmari will be reinstated on the said postfrom 17-3-82 with full back wanes.

I, therefore, hold that Ihe action of the management ofNorthern Railway in relation to their Senior Civil Engineer(Construction), Lucknow in not providing employment loShri TJrmi Sbanker Chowkidar w.e.f. 17-3-1982 is not jmti-ged. The result is thnt he will be reinstated o-n the saidpoet with effect from 17-3-82 with full back wages.

I, therefore, give my award accordingly.

Let six copies of thii aw;ird lie sent to (I).; fioveinrrentfor its publication.

Dated : 3-10-66.R. B. SRTV\STAVA, Presiding Officer

rNo. [-41012/22/83-D.II(B>]HAP I SINGH. Desk Officer

New Delhi, the 7th November, 198fi

S.O. 3885.—Whereas in pursuance of the provisions ofsub-section (1) of Section 10A of the Industrial DisputesAct, 1947 (14 of 1947), the Cential Government has pub-lished the arbitration agreement between the employers inrelation to C.P.W.D. Nirman Bhawan, New Delhi jind it*workmen represented bv tbe General Secretary, C.P.W.D.Mnzdoor Union New Delhi In the Gazette of India vic?eMinistry of Labour Order No. L-42O13/l/86-D.II(B) dated31 October, 1986.

Anl whereas, the Central Government is satisfied thattiic persons in the lefcrence rcpieucnt the majority of eachpuny:

1'Jiiv/, il.crcf.oie, in pursuance of suh-Si-'ction (3/\) ofSection IDA of the said Act, the Central Government here-by nutify for tlie information of the employers and work-men who are not parlios to the 'iibitralion ugicement butarc concetned in the dispute that they shall be given anopportunity of presenting their CHSC before the Arbitrators.

[No. 1-42013,'1186-D.IKB)}


ORDERS

S.O. 3886.—Whereas a vacancy has occurred in tho Officeof the Presiding Officer of the Libour Court, Chandigarhconstituted by the notification of the Government of Indiain the then Ministry of Labour & Rehabilitation (Depart-ment of Labour) No. S. O. 2251 dated the 21st May, 1983.

Now, therefore, in pursuance of the provisions of Section8 of the Industrial Disputes Act, 1947 (14 of 1947), theCentral Government hereby Hppoints Shri Tvf. K. Bansul, sithe Presiding Ocfficr of the said Labour Court with effectfioin 21st October, 1986.

. fF. No. A-1J016/1/86-C.I..T.1

S.O. 3887.—Whereas a vacancy has occurred in the Officeof the Presiding Officer of the Industrial Tribunal, Chandigarhconstituted by the notification of-the Government of Indiain the then Ministry of Labour & Rehabilitation (Depart-ment of Labour) No, S, O. 2252 dated tho 21st May, 1983,

4568 THE GAZETTE OF INDIA: NOVEMBER 15,1986/KARTIKA24,1908 [PART II—SEC. 3(ii)]

Now, therefore, in pursuance of the provisions of Section8 of. the Industrial Disputes Act, 1947 (14 of 1947), theCentral Government hereby appoints Shri M. K. Bansal,. asthe Presiding Officer of .the said Industrial Tribunal witheffect from 21st October, 1986.

.F. No. A-11016/1/8S-C.L.T.]

R. T. PANDEY, Dy. Secy.


S.O. 3888.—In pursuance of section 17 of the IndustrialDisputes Act, 1947 (14 of 1947), the Central Governmenthereby publishes the award of the Industrial Tribunal,Hyderabad, as shown in the Annexure, in the industrial dis-pute between the employers in relation to the managementof M/s. Singareni Collieries Company Limited, KothagudemDivision, P. O. Venkateshkhani, Distt. Kharrunam (A.P.) andtheir workmen, which was received by the Central Govern-ment on the 16th October, 1986,

BEFORE THE INDUSTRIAL TRIBUNAL (CENTRAL)AT HYDERABAD.

Industrial Dispute No. 19 of 1984.

BETWEEN

The Workmen of Singareni Collieries Company Limi-ted, Kothagudem Division, Khammam District(A.P.)

AND

The Management of .Singareni Collieries Company Li-mited', Kothagudem Division, Khammam District.

APPEARANCES :Shri D. S. R. Varma, Advocats for the Workmen.

Sarvastri K. Srinivasa Murthy, H. K. Saigal andMiss G; Sudha, Advocates for the Management.

AWARD

The Government of India, Ministry of Labour & Reha-bilitation by its Order No. L-22011/117/83-D. III(B) dated2nd March, 1984 referred the following dispute under Sec-tions 7A and 10(l)!d) of the Industrial Disputes Act, 1947between the employers in relation to the Management ofMessrs Singareni Collieries Compay Limited, KothagudemDivision P.O. Venkateshthani, District Kammam andtheir workmen to this Tribunal for adjudication :

"Whether the management of Messrs Singareni Collie-ries Company Limited, Kothagudem are justifiedin not sending Sri Thalia Durgaih, Scraper Kha-lasi, Sand Gathering Station for assessment of hisage and retiring him on 31-1-1983. If not, to whatrelief is workman concerned entitled ?™

This reference was registered as Industrial Dispute No. 19of 1984 and notices were issued to the parties.

2. The claims statement filed by the workman ThaliaDurgaiah, Scrapper Khalasi, Sand Gathering Station, ap-pealed to the Management of Singareni Collieries CompayLimited, to confirm his age particulars as recorded in the.Bonus Card wherein it was stated very clearly that his apewas 25 years as on 14-12-1957, the photostat copy of the

•ams is enclosed also. According to him he hfrs to retireduring the year 1992 after attaining 60 years of age as perthe Company Age Retirement Rules. But the Managementstated he was sent to hospital during January 1973 forassessment of his age and his age was assessed by the Medi-cal Board as 50 years as on 2.5-1-1973. In other words hehas to retire on 23-1-19*83 this aspect of the matter wasbrought to the notice of the Management by he affecedparty to send him to assess his age correctly. The Manage-ment should have sent up as per the Circular dated 6-7-1981which is enclosed as Annexure 2. The Management normallyshould have sent Thalia Durgaiah for medical examinationinstead of retiring him on 31-1-1983, Thus the Managementdenied the natural justice and they did not give him fairopportunity to the workman in assessing his age accordingto Bonus card and other records of the Management. TheManagement should have corrected his age as per recordsprovided by the workmen thiongh Age Determination Com-mittee/Medical Board by doing natural justice. Thereforewhen the same is not done and when they want to retirehim on 23-1-1983 they requested that the same is illegal andto declare the same as not justified and grant him all thereliefs, as prayed for.

3. The reference is received in this Tribunal on 7-3-1984and the claims statement is filed on 21-4-1984. The Mana-j'f^ment filed its counter on 28-4-1984.

4. ft is mentioned in the counter filed by the Mana-gement that it was a fact that Thalia Durgaiah, ScraperKhalasi, Sand Gathering Station was appointed in the Com-pany on 31-3-1948. According to them as his age was notassessed at the time of his appointment he was sent forMedical Board on 23-1-1973 and the Medical Board by itsletter dated 23/29-1-1973 has confirmed that Thalia Dur-saiah was 50 years as on 23-1-1973. The Union claimed thatDurgaiah was only 25 years as on 14-12-1957 as per BonusCard is not correct because the bonus card does not sti-pulate the age of Thalia Duraaiah »s 25 years as on14-12-1957. The Bonus Card only speaks nVmt the prepa-ration for bonus card and not ape of 1he worker as on thatparticular date. The Medical Board rightly after examiningthe worker confirmed the age of 50 years as on 23-1-1973.The Argument of the Union that Thalia Dursaiah wasabsent on 23-1-1973 at ths time of are assessment beforethe Medical Board is false as tha said Thalia Dursaiah waspresent and inscribed his thumb impression in the MedicalForm before the Medical Board. The true ropv of the a->eassessment by the Medical Board of which Thalln D'jrca-'ahthumb impression has W?n inso-rheti is enclosed herewith.Tt is clearly indicated that Thalta Dnreaiah did nrese^tbefore the Medical Board n"d accepted his aw ps 50 yea'son 23-1-1973. As such he cannot dispute the ac* after ala^Sf. of 10 vpars and tint too at th-* vme of his retire-ment. The Cirr;ihr df*">d. 6-7-198' quoted hv the Un:ondo?-, not stinulit? aivfh.in? to ênd ihc wort-r for a r:rpsessnpnt w h n his •»<?? hpq >.<»•»* "^"endv n«sr>s".ed bv tb~Medical Bosrd. So th=" is "~> iustificntion in the Union'sdemand of ir-i'n rer~rriiTr Th iili Dnr,"aiah to Ihc Mfd'calBoa*'d for h:i at? assrsvrionf.

5. There afferwardn •»f<pr nurrbpr of ndiûrnmrnis theWorkman was examine"' on 25-6-1985. He wss cross-examined nlfo. According to WW1 the oricinni bonu« cardfaii'erl ot him for wriVn xerox rop»r ;", f-:Vevi is marked asF,x. Wl. K? ie n ;11ife"'it« np'ôn It is his cise that hev"<! ?.S vea^s old wli 'i KITV'S rnrd was issued to him on14-H-1957 and that he <-ho''i<? TII'IV at th? nse of 60 years.^f: r>f*r fh^ "ho^Tit. ' " rd Ex. Wt hr* <?ao"]d bn ^ ^r^'fo till1992. He denied that he wns ex?T>incd by the Medical ex-pert at the rostn.rjce of the Man;<"ement on 73-1-1973. Accor-ding to him they gave notice as ner Ex. W2 on 7-11-1982and he aô iHied npon the Circular dated 6-7-1981 to sub-stantiate his case that he sho'ild have been referred to theAge Determination Board or Medical Board. He denied thatthe Union Altered it1 to an agreement with the Manacementin 1961, 19£* and 1969 "nd th» Mana?em("it «n*nt thoocfnnlovees who?e atre wai in dispute to the Medical Boardfnr d'tTTnftinjr iheix aa~. He also denied fh?t he p^nroachedthe Mara"eir">"t to decid- h';<- ice correcdv \v" refcrinc tr>ih<" Med'rai Fynert ond Dr T). AnjeRpyiilu d"trrm;r"d "hisn»e as 50 years on 23-1-1973 after exam;ning hirn as per

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Ex. Ml. Ho denied that he put his thumb impression onEx. Ml. It is hii) case that he cannot identify his own thunijimpression on the deposition as well as the document sruwuto him Ex. Ml. The ten L. 1.1s was tuken in the open Tri-bunal for the purpose of companion and for the purposeof comparison and identification Ex. M2 is the L.T.I, sheet.He denied that his age was already determined as 50 yearsas on 23-1-1973 and therefore he need not be sent formedical examination for determining the age aga n. Hedenied under Ex. M3 and M4 that the Management fol-lowed the procedure required for determination of his ageproperly. He admitted that he had taken gratuity and Pro-vident Fund after retirement.

6. Thereaferwards the Management took number of ad-journments Prior to that even on 29-9-1985 the Manage-ment reported that the talks of compromise were going on.So 29-9-1985 to 25-11-1985, no settlement was reported a dno evidence is adduced by the Management and finally aMemo was filed on 10-12-1985 stating that the talks orsettlement are going on between the union and the Mana-gement as such the matter may be adjourned for another 20days. On 15-1-1986 as no settlement or agreement is filedbetween the parties, the Tribunal posted for the evidence ofthe Management on 14-2-1986.

7. From 14-2-1986 the matter is adjourned to 24-3-1986,1-4-1986, 30-5-1986. 1-8-1986, 25-8-1986. 10-9-1986 and22-9-1986 and as there was no interest evidenced by theManagement, the matter was decided on morits on the fileand records and~ evidence as other tide was opposing forgranting of any adjournment stating that it is alreadydelayed.

8. On 10-9-1986 the Management filed a Memo whichis numbered as M.P| No. 310/86 stating that they filedpetition in ID. No. 41/85 on 3-9-1986 stating that theyarc not proceeding in the above matter as <hey are movingthe application for transfer of this case from this Tribunalto another Tribunal ns such it mav be deferred. That Memowas rejected on 10-9-1986 stating that in view of the orderspasred in M. P. No. 278/86 fn I. D. No 41(85 on 4-9-1986this Memo is rejected. By that time no Writ is filed as aver-red in their petition lhat they are moving the matter againstI. D No. 41/85 on 3-9-1986 and further there was nointimation also seeking adjournment in this case or furtherexpressing their difficulties if any,

9. Even afterwards the Tribunal was considerate and ad-journed the matter frorrj 10-9-1986 to 22-9-1986 end finallyas there was no representation on the available data material,the matter was proceeded with. Now the workers relied uponhis date of birth that he was aged 25 years as per Ex. Wilwhich is a Bonus card îven to him. Admittedly he is anilliterate markman working as Scraper Khalasi since 1957.He denied having' been examined by the Medical Boardregarding the assessment of his age on 23-1-1983, by aMedical Eoard expert Dr. D. Anjeneyulu. He denied thisEx. Ml. On the other hand he filed that he was asked toretire as per Ex. W2 on 31-1-1983 and that he had noknowledge of the other documents. He relied upon An-nexure 2 of his claims statement which is marked as Cir-cular dt. 6-7-1981 issued by the Management. It is men-tioned that in Ex. M3 also to that affect. The procedurealso mentioned regarding the determination of verificationof age assessment. In thecase of illiterates the date ofbirth will be determined by the Colliery Medical Officerkeeping in view any documentary or other relevant docu-ments as may be produced by the appointee and date of6irth so determined should be treated »s correct date ofbirth and the same will be altered under any circumstances.Whenever there is no variations In records such cases willnot be reopened unless there is glaring and apnarant cntTbrought to the notice of the Manacement The Manage-ment after being satisfied on the merits of the case willtake appropriate action for correction through Age Deter-mination Committee/MedicalBoaT-d, Now it li his rase thathe-never approached before the Medical Board cm ?3-1-i9'73.He denied Ex. Ml. Now when the workers d-nied Ex. Mlnnfl alio sprrfficnilv stated that he knew Rr D. Arraneyulubut it Is not correct that Dr. Anjnneyrilu determined hii peeas 50 vr&ri on 23-1-1973 after exainintnir him as nor Ex.Ml and whrn Ex. Ml thumb impression is questioned, theManagement failed to examine the Junior Engineer, Sand1043 GI/86—7

GMihannjj Station who is alleged to have signed it tosnow tlim he sa.d assessment oi age 10 prove tnat he wa»present wiien JJr, JJ. Anjaneyulii cxuuunea. ihe ihumbimpression oi the workman is disputed rightly by the work-man as an lllae.aie person slatiug 'hat ne canaoi identifyhis thumb impression. Now the Management look somesamples of 10 L.T.ls. which Was maikea as Ex.M2 in thisopen 'tribunal but still they were not bold enough to sendthem to the Finger expert or Thumb Impression Expert toconnect the thumb impressions on Ex. M2 wilh Ex. Ml asthey were done Ity the same Thalia Duryiah i.e. ihe worker -involcved. Having taken thumb impression on 25-6-1985when the Worker was being examined; when no steps weretaken for about more than a year and when they draggedthe matter on the pretext of settlement stating that theyare compromising an agreement with the workman and hisUnion and when they d'd not and could nol come out withlhe said Settlement for more than a year and when theyfailed to examine their witnesses in supnort of Ex. MI. theCircular^ under Exs. M3 and M4 come into effect. In otherwords when there is no verification of records such casesw;ll not be reopened unless there is glaring and epp-arantwrong eniry brought to the notice of the Management. Inthe in-fant case there is no record to show lhat ihe Mana-gement gave notice to h'm that Ihere is blaring and apparentwrone entry nrder Ex. W1 and thus he was examined byfhr M'edâl Boa'-d ns sought to be OTiiained When Ex.Ml is no* nroved ncrordrng to law and Managemsnt wit-rif'set could ro* f e n in*o wirnes box for more (han1-1 '7 vîrs or-d when F.x. Mt h d ri'iM hv ths witness(ta^np **•?!* h* wni n-"er exn"v'n*d on 23-1 -1971 by Or. D.An:""'«i'ln whom Tip kn^w; wtn-n fh"re '<; no o'her evidence'o rH--Jv-lVve hi™v it must be M d tb->t tbe argument of theManagement dhat he was examined on 23-1-1973 underEx. Ml is not true and co'rcct. Ex. Ml ip marked subjectto proof and relevancey in the said circumstances, if Ex.Ml goes as noi proved document, the oral eviJence readwith Exs. M3, M4 coupled with Exs. Wl and W2 wouldshow that lihe retirement of the workman on 31-1-1983hold ng him that he completed 60 years of ago Is incorrect.Ex. Wl and oral evidence of workman which stand unrebu-tted would show that he is entitled as per Fx. \P2 to becontinued Mil 1992 and the management evidently tooknumber of adjournments on the pretext of settlement andwere talking for the best reasons known to themselveswithout even adducing oral evidence for more than 1-1/2vears. Moreover if need not be stressed as rer I. D. Act theworkers case should be dispo-ed of in a s';p>ilnted time ofthree monfhs from the date of reference if it is an individualcase O' widhin rien'od of six months if it is a case involvingmore thpn one worker and looked from any angle this kindof delay without any explanation would only ndd to themisery of the worker who is involved in th,s reference whilethe Management is quhe happy in dragginu on for reasonsbest known to them, and it cannot be said that *hey shouldhave been given further opportunity to prove their case.

10. Thus on a careful consideration I held that theaction of the Management of Singareni Collieries Comra.yLimited, Kothagundem is not justified in not sendingSri Thalia Durgaiah, Scraper Khalasi. Sand GatheringStation without any proper assessment of age by the MedicnlBoard or Age Determination Board from 31-1-1983. Thesaid action is unjustified and therefore the workman is en-titled to all the reliefs and he is deemed to be in servicecontinuously from that date of his retirement during ih!speriod also with back wages and attendant benefits and heshould be continued till 1992 in the given circumstances.

Award is passed accordingly.

Dictated to the Stenogi-aoher, transcntert by him. cor-rerted bv me and given under mv hand aid the seal of thisTribnual, this the 4th day of October, 19S6.

Sd, (Illegible)

Industrial Tribunal

Appendix of Evidence.

Witnesses Examinedfo-- the Workmen :WW1 T. DmgaiahWitnesses Examinedfor the Management :

NIL

457C THE GAZETTE OF INDIA: NOVEMBER 15,1986/KARTIKA24, 1908 [PART I I - S E C . 3(ii)]

Documents marked for the Workmen :

Ex. Wl Bonus Card pertains to T. Durgaiah.

Ex. W2 Letter dt. 741-82 addressed to T. Durgalah bythi Acst Engineer, Aerial Ropeway & Sand gathe-ring Station, S.C. Company Limited, Kothag-de-nw *h regard to retirement from company's service.

Documents marked for the Management :

P.t. Ml Lett-r dt. 27-12-72 addressed to T. Durgaiah bytbe Junior Fng;neer,N Sund Gathering Station, SC.Co. Ltd., Kothauudem with regard to asscsment ofage.

Ex. M2 Ten L T. Ts of T. Durgalah.

Ex. M3 True '-opy of the Circular No P49/3533/1981A*. 6-7-81 issued by Chief General M'anaper, S.C,Co. L*d., Kothagndem to all Pits and Departmentsall coM^ri^s w'th rega'd to procedure for deter-mination/verification of the age of the employees.

Fx. M4 Tri>» roTv of the nrocedire for determination/verification of age of the employes.

Dt. : 7-10-86

S. VENUGOPALA RAO, Industrial Tribunal

[No. L-22011/117/83-D. TIT(B)1


S.O. 3889.—Tn pursuance of section 17 of the IndustrialDisû'es Act. 1947 M4 of lot?1!, th(: C?ntrni Govwiwrntbc-ebv publishes the ;r*'E'\l of the Industrial Tribunal. Hvde-i-ab"d (AP) as shown i? the Annexing, in the fnrti"strialdiiû'e betwreeTi thi- rTrminve'i in ielat on ro the manage-ment of S;n"preni OM|M"-ien Cnniânv 1 iniiled, Mandamarri,p n , Knb'anVhani District Adhilfibad (AP) and their work-men, wh'cb was r-^-hed if' the Central Government on 'he16'h October, 1936.

BEFORE THE I N D H S T P T A I , TRIBUNAL (CENTRAL)AT HYDERABAD

Industrial Dispute No 84 of 1984

BF.TWEFN

The Workmen of Srnon-vni Collieries Crmpnny Limited,Mandamarri, Adilabad District.

AND

The Manaeement of Sintveni CoIIiVriei Company Limi-ted, Mandamarri, Adilabail DisTii;t.

APPEARANCES :

SarvashrJ M. l>andu Ranga Rao and B. O. RnvinderPe-iv, Adôcn'e for the Workmen Sttrvisri K.SWm'vasa Murthv, H K Saignl, and Kumari G,Sudha, Advociie for the Manncen'.ciit

AWARD

The Government uf India, Minis;rv of Labour by itsOrder No. L-22O12|37 B4-1) HI(Bj dnted 20-11-1984 refer-red the following Jispu;e under Section IO(l)(d) of the In-dustrial Disputes Act, 1.94/ between the employe:s m re-lation to the maniigeaKiir of Singarem Collieries CompanyLimited, Mandamarri and the;r workman to this Tribunal foradjudication :

"Whether the acrlon ol the mannsemvnt of Messrs Sin-gareni Coll'e.iM Company Limited, RarrmKrisbna-pur Division I :n dismiisinsj Shri G. Ln>minara\ana,Tarcx Laboui Opo.ntoi wi'.*> t'rei-t from 2-6-1984is justified? If "ot, tc wha: relief is the workmanconcerned ;nti?1«d V

This reference was roRis-. rci! as Industrie Di>r»L:te No. K4of 1984 and notices were issued to theparties.

2. The claims i t iuewir filet1 by t 1" workman that thepunishment is very hexvv and d.sp i: inU >T'1i comrtare.-1 tnthe charge alleged .ind tê oruti ol dismi-'a1 is b.id in lawas the same is against tf.e StDn>ling Orde-s r<( Ui~ C'on'panynnd that his right of iippr.il is denicc1 as tbe orders arc passedby the General Manager instead cf Manager as per theStanding Orders.

3. Of cou'se the \fanp«cmjnt HI.I a courier that G.I.axminarayana wm fliven full oppo.cui.it' t i defend ir thedomestip enquiry CJOJIH' I; I or, f c , i i p- < ni'd on ihe bn»isof tne allegations bi'n\«, proved, t^3 ilijr-.iss. l order was seiv-ed by Ihe General \fn'i^",:r who is npprop'iiiic hulhcritv toissue dismissal orders. Accoiilinr tL th?m Ihe r;pht of onri(-Blto the Appellate AurVMV mimely F\ -. 'ii,vr Dire;inr!Chair-man and Managing n>rL-cfc.r \\h>' . above General MtmtiRtris noi dispensed wi'h nnd iher-jf.) *c he sh uld hive anygrievances for the "ame. It is also mentioned that the offence}<• a rerious one 3tid wnld havi" riM. ;.:1 l i h-.-.ivy d«mnge lothe Comnanv prop«r1v and the pur.n" n ri awarded to himis not at all di8prop.i:il'oii'aie

4. The Management exTmin.-.-l two v\ii"?-«e, as MW,1 andM.W2 and marked Ev.s Ml to M9 a'.d ihe Workmen ixamln-ed one witness as WW1 3:ul markej I£x«. Wl.

5. When the Mmiwv.ent filed H M in lo decide Iho D"e-Hminafv point regarding the vnlil!ty cf the domestic enquiry,the ?aid wi'ness find evidfnee w.is iif'rl(i:\l rofr. •• this Tri-bunal by both parties and elo'i(>-at(; ifders. on henrine bothside', was passed tv me .~n 13 fr-19S6 hi-.Krnr hni the do-meitle enquiry was conducted fairly and no illesBlity wascommitted \y» <he Minn'Mirr.t .inrl the pfin-irl-s <if iniur-:!juttlce was fully observed and the enquiry was fair andproper, Tt is part of ths recor 1.

6. The afterward* Ihe matter was adjourned to 11-7-19*6,The matter went through number of adjournments from11-7-mfi to 19-8-10S5, nm< to 27-^-1'W. and fin-llv 1o4-9-1986 when the Management filed a petition which Is num-bered as MJ*. No. iSfSfi statu u th •! '!ic lik-1 n ft'itionin I.D. No. 41 of (985 daf?d 3-/>l9*'; m iuis Tiil-unll andthey arc not proceeding further in the above mntter andthev fire moving an appli'—,ti.>r for transfer of all tbelr caresincluding this matter as staled in that petition in T.D. No. 41of 1984 and as such hcpirinn rrmv be d e f s ' t l The workmancaunsel filed a counter stating rh:\\ Ire nlkcBiions thai themanaeement cannot iiroceed with this cane f/v he reasonsstated in thrJr petliion in ] D N i dl >f -«J*»5 is r^cpsanribieand unjustified and they wo no way concerned w'th the saidcase and the management should have taken step' lo enpgp'1r.nnther counsel if tha (.oiitis-,1 is rot prepared to proceed-with the case before the Tribunal and the workman cannotbe put to frrepairable delav tactics just because the counselwanted not to proceed with the «IK? in this TrihinM n«idcounfet for the workmen stated that mntter should be beardin_ tê interests o£ the vetice. On that tbe order was passedrefecfinc the same .is both matters hnvi? no reltvnncc ns thevare not connected iho.

7. As per the charpe sheet Sri G. I skshmtnarnvann T e n nLonger On<jrator who w«s enpftfed In firit shift rn 19-'-19S4to lift stock of conl nt MX. Nr>. .1 rncline a> nlio'it T J..10•.rn. was not found on Terax Loader but in his place one

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Chandragiii Rangaiah, Genera! Mazdoor was found optraiingthe leiax Loader ior about ± an hour aiul th.u this altccledthe lilting ot coal ar.d L';is amoiiiued 10 rnr.coiiducl iinderStanding Oaicr 16i,l;>.i, C't and I-'1 New; undci StandingOrder L6(W) ieavinj work without permission is a rrnscon-diici. Undei Order l6i'Ji causing damage lu A oik JM pi og-ress or 10 toe properly 01' Iho Comp-iny anioi.'ius to .ni.icun-duvi, under Order l0i.2j theft, fnuid ,11 .1 Jisl)cnctiy in con-nec.ion with the Company business or property is also d-fin-cd as misconduct. For these things it is said an empLyee maybe su%enaej, xine or dismissal without nolici; o nny uinipen-saiion in lieu of notice ii' he is found to be gmliy or ir.is-conduct. Now as p^v Uie evidence jf M W2 who is iliaAdditional Chief Mining Engineer Bellampally that A. I'ru-bhakar, Junior Engineer as Acting Manager C.S.P., Ramakrish-napur and tix. Ml :s U>e diargeshesi issued by the LxecutiveEngineer who is the hend of the Department, Ramakrishna-pur Division I and as per Ex. M5 the enquiry proceedingsand the report Ex. M6, it is established thai at the relevanttime he Was Tcrax Loader to lift stock oi coal at M K- No.4 Incline. The explanation given by him is niaikcd as. Ex.M2. Tee workman siaied that fr: worked till ubout 12 noonand that ho left the placo tor taking tea and therefore theallegation tnat he was not present bodily is not correct. Itis his case that about 1?.3() noo.i Additional C. E. and D.E.,RKP 1 came to the Loader" and at that time ne ca-ne inopposite direction and the Helper mazdoor who was with himwas tound operating lc:ax Loade. as pc." them. He men-tioned that the Hciper Mazdoor did not know bow to ope-rate Tcrax loader and promised to know the exact facts.In the explanation it is his case that Additional C.E. and D.E.,RKPIleftthe place and that he ve.ilied from ChandraîrlRangaiah that hp did not operate the Loador and roQj-st-ed that the charge i.heet should be .withdrawn. He examinedone witness by nauw Bhasker Rao in defends to support th-tme said Chandragui Kanguiun, General Mazduoi WHO Wasattached to the Terax Loader and brought wa.er and pouieiinto u*e radiator and ne w;is trying to stop iunnjjig of the Elet ax Loader by pulling stop liver v.hicji is in the Loadercabin and wheie he was asked why ho was in the t-abin. toUhim w gee down us ine Additional C.H., and Senior D.E.,RKP 1 came there and tucn Chandragui Rangaiah got downfrom the Loader and within 10 minute* G. Laks m.ina ayana.Driver wiio was operating Terax loader came there and hada discussions with the above Olficers. In fact he a&kcd in thecross examination by the management why he brought thelorry API 3550 if the Tdax loader was not running for load-ing as it might likely i i cixibt accident. Toe witness answer-ed that he did not bring the lorry near to the ferax loaderand the coal heap was in front of the loader. He was askedhow much time ho waited at the coal fci loading the coalwith his lorry, he mentioned that lie wailed for about 10minutes. He was aiked whv he was present when theTerax loader was nol present. Ha answered that he did notsee it. He sat in the Jonv cabin. He explained when engineis ho1, water will not be poured in the radiator and v'Jlepouring waier in the radiator he ivill keep Engine running.In fact there was no question put to him to rhis defencewitness Bhaskar Rao bv the Management witnes'es to dhowthat this Chandragiri Rangi'uih was seen opernting tcax loud-er and that this Driver Bhaskcv Rao was not present whenthe Additional C.M.E. and Senior D.E. RKp came tl ero. Joit cannot be said that the evidence of M. Bhasker Rto canbe brushed a*ido very lightly. He defended and explainedthat Chandragiri Rdngatali never opened this Tcrax Li der.The explanation of O. Lakshminarayaila would also showthat the engine worked for a long time and It was not. Henceafter pouring wafer i nthe radiator the engine should be stop-ped and he asked mistry to get watci from M.K. 4. Inclineand to stop engine. So he did no! lake the ignition key asthe mazdoor is working w'tri Terax Loader permanently dnceone year. He asked the njazd^r to stop engine after roar-ing water In ihe radiator, and he niso expWned that whenbe left tbe Terax Loader he locked emergency brake andeven that dav he dfd tb1* lame. So the explanations ofG. Lakshminarayana at well as the wilnoss Bhwksr Raowould show that the allegation! as contemplated under Clau-ses 16(9) and 16(2) U not established because there Is noproof of causing damage to the work in progress or to thepronertv of the Comoany or any dishonesty in comecffonwifh the bu*lne§s of the Company or property that he Itftfor 10 minutes for taking l»a while the mazdoor was artedto ponr water when the Terax Loader engine was hot as

aoienaed by him and also supported by Bbasker Rao defencewunebg is not vitiated oy any suspension and there is nothingin UJC CIOSS eAWiilnaLiun none 10 uieui intii fitjas*.ei' Kuowas not picênt woen inc Adamonal U.AI.E. and O.c, RKi1

i came tiide and nc was not ai all present and |iC wusonly a brought up wimess. iso Chandragiii Rantaiah is »nauuiiêd ijone.al jVl4zdoor and he was ineieipr about one>cor and lie was neipuis tntj lerux J,oauer. Tlieie lo noetiiteni-e mat tomeimnu was lost ot damped except statingmat iJic lifting of coai was altectOtl winch is not proved oyany SLtuis.icaj oata maintHinej by <ho mjnageiiieni to snowthat there was no coal loading at all. Ihere is no proof otdiMjoncSty except alleging that there is "dishonesty" whenhe left tor flaving ioa. ihc ihrce charges levelled iigainstthe workman ate Jiat Chandragiri Rangaiah was iperaUng ibelerax Loader. It is dispuiu-d by G. Laksb.minarayt.na aa wellas his siaieuient as ûppoiLcd by Bhasker Kao. ChandragiriRangaiuh is not examined by the Management lo supporttheir ca_e. Surprisingly Ihe s;iid Chiindragin Rungaiah whowas found operating w.is r.ut given ii charge sheet. If Chand-ragiri Kangaiah was found siding in ihe cabin, it Cannot bebuii.ed lib uii oneiue on jeîx lOudcr alone uiidtr iije sii.nd-ing urue.s. lue ucunquciit case is mat he was aoiemioi li minutes and LLeie ia tiieieôic no loss oi Jouumg Siottof coal and even junior Engineer who is cxaoiiiieu in thedoniestic enquiry p.vvJ mentioned ifial louies could notco/iic for loading und jo ttm.e is no loss of loading ofcoal iiitO the lorries. Ihe third charge is about dishonesty.Even about dishonesty, the.c is no piiJot Enquiry Officercould not maKe oui any proof ot dishonesty for ihc abstneeof 15 minuies or 30 ininuies as ihc case may be simplybecause helper was Miiing in the cabin and when there is anyloss of production or damage to the machinery proved; with-ou. penalising the concerned workman or without examiningthe said Chandiagiii Ran#aiah who wa= the icaJ delinquentequally responsive lor sMa a mistate. VVJien there is noproof that tue said Cii.mdragin Kangaiah had none theo r a t i o n of me le^'ax i_oadt;i' at tlie ms.mics of Liikshmi-nurayanu. It is surpnsing lhat the man.ijfonieiu thougnt litto avva^d Lhe maximum punihiirueai of clisini^sal 10 him bawngconîdeeJ ihe cn.iie tacts and also the nature and the giav-uy of the ouence when the evidence in relaiion to the maaeri6 not satisfactory to h^ld that ihe same e.uled m htav^damage to he Company property and ihe D.rsons :nvo vedin ihc Company by ihe tangible evidence without i.nyother bad record; 1 ar« of the opinion that it is a fit c. §ewhe.e Section 11-A of tne l.D. Act has to be given diectwhile cons.dciing on t e puni^hmen: having hcen satis eJthat tiie order of Jimi.sal was not justified. Secj'on Il-A isincorporated in the J. D. Act, 1947 to give power to the Tri-bunal in case wherever necessary to set the order of dismissaland direct reinstatement of iho workman cm such terms andconditions, if any as it deems fit or given lo su h o herelief to the workman includ n« award of ,'<:sser unish r.entas the circumstances nuy require. Mow the mate ial on recordas produced before me do not show that thee is wny dis-honesty proved so as 'o hold ihut there Is misconduct. Theevidence of G. LakshminLiiayiina who is tht; alleged delin-quent as weil as Bhauker Rac the ljrty diivcr who was exa-mined weie not shattered Hit the leia.x Loa e r tngine gotneaxd and the labour was aiked to pour water in the ra-diator and thus the ex;j esiOT niiscundu;t as contemplatedunder Standing Oruer 16(2j, lri(lK) and 16(9) had no app-lica.ion, to SKOW the imp o;~er behaviour of mleniionallydoing wrong or doing deliberate violation or rules or standingorucrs. For offences of trifling nature if worke s :s o b. clia ge-sheeted holding such things world consthuic on act of "mii-oonduct" then it becomes thnt tbe Management can e>.ercis=an unbridled power and terminate every worker on somepretext or other for offences of trifflina nature. The chage

of misconduct, therefore, is tht charge of some positive actor of conduct which would be quite incompe'.ible with iheexpress and implied terms oF relation hip of the employeeto the'employer. What is misconduct will natually dependentupon circumstances of ench care. In the instant case It is notproved beyond reason-ibis doubt 1hat deliberate disobedienceof any orders of superior authority tc hold it as misconduct.Further the~c is no proof of any loss to the employer. Furtherthis so called misconduct must have direct connexion wj h thttcommitment or comfort of the workman at work, even thatis lacking. Moreover there is no material bearing on thesmooth efficient working ot the concern. Thus when thero

457' THE GAZETTE OF INDIA: NOVEMBER 15, 1986/KARTIKA24, 1908 |?ART I I - S E C . ?(iP]

is no proof that he is habitually avoiding work and entru-sting to bis aeiper and sitting idle and when there isno pi oof of W;8 ot property and damage to any materialsarid wn;n tuc.c is no jiioof of wiit'ui insubordination or diso-beditnce even such mistakes weie poined out or that he wasin the hiibKiiU nejjHKence doing neglect of work it cannoibe mijconduci. Even from the language of the Model standingOrders it is clear that it doe? not define "misconduct" or'illus rate it exhauitivei'y". Thus on a careful considerationof the entire matter I hold that it is a fit case wl ee the Ma*mis.al oider passed is quite disproportionate and very heavycompared with tne charges alleged even if proved and there-fore the Oder of dismissal is êt snide The period from thedn e of dismis.al is êt asid^. The period from the date ofdismissal i. e. 2-6-1984 till this dn;e of passing of the awardis *reated as a re iod Without pay but the same will have tobe leaed as continuity of service nnd the person is directedto be rein: ated from this dais as on duly \vith wages asTeax Loader.


Dictated to the Stenographer, transcribed by him, correctedby me and given unde~ my hand and the seal of this Tribunal,this the 4th day of October, 1986.

Sd/-IllegibleINDUSTRIAL TRIBUNAL

Appendix of Evidence

Sd/- Illegible

Witnesses Examined

for the Management

Sd/-Illegible

Witnesses £xamineflfor the Workmen :

M, Wl S. Janardhan Rao W. Wl Laxminarayana

M. W2 S. K. Gam

Documents mnrked for the Management

Ex. Ml Charge Sheet dt. 1-2-1934 issued bv ExerulivoEngineer, C&P-RKP to G. Laxminarayana, Tcrax

Loado Operator.

Ex. M2 Explanation dt. 4L2-S4 given by G. Laxminara-yana to the Executive Engineer, CSP. R.K.P.

Ex. M3 Enquiry No'ice dt. 9-3-1984 issued by Execu-tive Engineer CSP. RKP to G. Laxminarayana,

Ex. M4 Enquiry Notice dt. 14-3-1984 issued by Execu-tive Engineer CSP. RKP to G. Laxjninarayana.

Ex. M5 Enquiry Proceedings Pertaining to G. Laxmina-rayana.

Ex. M6 Enquiry Report pertaining to G. Laxminarayana.

Ex. M7 True copy of the letter dt. 4-10-83 addressed byAddl. CME. |AKP. I to all Pits & Departments withregard to 3. lanaidhun Rao, P.O. will conduct do-mestic enquiries in the pits and Departments otRKP. I division with effect from 5-10-83 in placeof R. Nurnsimha Reddy.

Ex. M8 Letter dt. 13-3-84 addressed to the DirectorGeneral of Mines Safety, Dhanbad, Eaitern Rly.and to the Director of MSnes Safely, HyderabadRegion, Hyderabad by the Additional Chief MiningEngineer Ratnuk'.Jshnapur Division I with regard toA. Prabhakar Junior Enginear authorised to aei asManager, CS. Plant, Ramakrishnapur from 13-3-84till Yadajdri resumei duty who went on leave from13-3,64 to 16-1-84.

Ex. M9 Letter dt. 5-2-84 addressed bv G.M, M M andRKP to M. Yodagiri with regard to privilege loave.

Document marked for the Workmen ;

Ex. Wl Dismissal Order dt, 1-6-1984 issued io G. Lax-minarayana by the Oeneral Manager, M. M. &RKP.

Dated : 8-10-86.[No. L-22012/37/84-D.HKB)]

J. VENUGOPALA RAO, Indusliial Tribunal

New Delhi, the 3rJ Novemer, 19S6

S.O. 3890.—In pursuance of section 17 of the IndustrialDisputes Act, 194/ (14 or. 1^47), thu Central oovermnentnceuy puoltsnes the award of the Industrial Tiibumd, Hy-de.abad (AP) as ôwn in the Annsxure, in the indufcitialdispute between thz itnployeis in lelation to the manage-ment of Messrs Singareni Collieries Company Limited. Ko-thagudem Division, P.O. Venkatesh Khani, District Khamrmaul (A.P.) and Lheir workmen, whi;h was received by theGenual Government on tuo 16th October, 1986.

BEFORE THE INDUSTRIAL TRIBUNAL (CENTRAL)AT HYDERABAD

Industrial Depute No. 17 of 1984

BETWEEN

The Workmen ol Singarcni Colliciiei Cc.inpany Limited,Kothagudem Division, Khammam District A.P.

AND

The Management of Messirj Singarfni Collitiries Com-pany Limited, Kothagudem Division, KhammamDistrict, A.P.

APPEARANCES :

Sri D. S. R. Varma, 'Advocate—for the Workmen.Sarvusri K, Sfinivasa Murthy, H. K. Saigal and Kumari

G. Sudha, Advocates - -for the Management.

AWARD

The Government of In'lin, Ministrv of Labour and Reha-bili;ation by its Order No. L-22012(109)]R3-D III(B) dutcd28-2-1984 referxed the following dispute under Sections 7Aand 10(l)Cd) of the Industrial Disputes Act, iy47 betweenthe employers in relation to the Management of Messrs Sin-gareni Collieries Company Limited, Kothagudem DivisionP.O. Venkatesh Klianj District, Khamtuam A.P. mid theirWorkmen to this Tribunal for adjudication :

"Whether the management of Messrs Singareni O.iIUs-ries Company Limited, Kothagudem were justified

, in not calling Shri Kudipudi SuiyHnarayana actingas. Muashi with effect from 28-7-1981 for (flectionto the post rf Mnnshi on a regular baslt and notconfirming him AS >funihi. If not, to what reliefis the workman concerned entitled ?"

This reference was registered as Industrial Dispute No 17of .1984 and notice? wero iMued tc the parties.

4573

2. The claims statement filed by the workman, it is men-tioned Lhat lie was working as Irammsr, No. 5 Incline tndiie wus not called lor imeivi^vv for selection cf Muufchi bytne Management on ihc pUa that lie is not a senior candi-date uiontwun otner eliaible irainmeri. According to himthe Management j i j n o t jj,; . m v nom]s piior to tnc rejectionunU tacie is no projnuiioml policy tor selection of Mir;sl;iand mere was no su^h agreement oi approved policy e\enby tho Union, It is his caie lhat as per the Company rulesright ft-onj lilt date i.e. 2S-7-1981 he is acting as Munshi and he

w<ts paid acting allowance as per ihe Company roles and thsvacancies caused in 5 in-line due "to medically unlit of apermanent Munshi by name ChilaksbruhuU Naiasiuh. It isalso his case that the Management after verifying amongstthe oiher Trammers to do l.'iat job, but none aie lnieiestedto act as Munshi nor ihey have culled Un acting M-jnshipost. So it is asserted that KuJipudi Suryanarayana is doinghis job irom 27-1-1981 onwards without having any adverseremarks and he •should be confirmed as pei the CompanyStanding Orders vide No. 2(1;. AJ Jic was continuouslyworking till the date of riling of this application to the satis-faction of his superiors. According to him when he claim-ed for confirmation the Management denied confirmation andthey have conducted interview by calling the senior n^cstTrainmen in Category 1 by adopting pifimotionnl policywithout having any continuity with Unions. Thi.s it is hiscase that as he was working continuously till 28-7-1981 heshould be made permanent with retrospective effect ts perprinciples of natural justice,

3. Tho reference was mr.de to this Tribunal on 3-3-1984The claims statement was filed by the Workman on 4-7-1984,The counter was filed by H,e Management on 22-12-1984 i.e.after 5J months after filing of the claims statement. "

4. In the counter Sled it •'« stated th.u the petition in mis-conceived under the rules and Standing Orders. It is jid-mitted that Sri K. Suryan'm-yana, Trammer working in 5Incline was acting as Munshi in Grade III in (he plate ofSri C. Narasiah from 28-7-1981 as later has b:en declaredmedically unfit for further service. It was also true that hewas being paid acting allowance as per tho rules for thoduties discharged by him as Munshi. But it is incorrect tosay that there is no promotional policy for selection ofrrwnahi and that it was not provod or agreed by the Union.The framing of promotional policy is n managerial functioMand the workers have no right to interfere with regard topromotional policy. It is submitted that nccording to theirpromotional policy circulated by the General Manaper byhis letter dated 2-5-1976 to fllf up tho vacsincie* of Munshi.area seniority of Trammers was taken inio account. Sothe Divisional HeadH of KothaguJem, Yellandu and Munu-guru were asked to submit the list of senior-most Trammersto be considered for the promotion of iwunshis. There areguidelines given in the Circular since 1976 for selection ofMunv~hi. As the post is temporarily vacant Sri K. Surya-narayana was called upon to act as Munshi from 28-7-1981.After calling for the particufars from the seniormost Tram-mers out of the three Divisions for the post of Munshis,interviews were conducted s;nce Sn K. Suryanarayana waspromo'ed as Trammer on 15-12-'984 as there were num-ber of other seniors who ware ^liRible for promotion, he fanot called for interview. No junior to K. Suryanarayanawas called for interview. The job of munshi is mere ofclerical in nature and it has to jupervise to coordinate withthe Tramrners which are to ennble the Trammers to dis-charge their duties. The definition of permanent employeennder R'andiner Order 2(1) had nothing to do with 1hepromotional policy. No workman has n ripht to demandfor nromo'ion on the. basis of their nctine experience whichit temporary in nature. No principfos of natural jvaticowere involved nnd Ihe Manacement is right in not confirm-ing him as Munshi and the petition is liable to be dis-missed.

5. The workman examined himne-lf a? W.W1 on 25-6-1985and rmrked EX. Ml as a document on behalf of the Mnn-ncsment. The workman men'ioned that he ncted ns Mun-sM Irt the rfRce for some time and be wai in^hartre of <0worker* as aetlnp Munshi since 2R-7-I9RI though ho work-ed as Trsmmer in the Sinsarenl Collier!*, since 1952 Heasserted tht he was continuously working from 2 8 - 7 - I * ° 'tai 10-5-1985 and be was having pey «up that he received

as acting allowance during that period. The witness iiifactproduced pay slip and wanted to file them properly. Heasserted that the post in which he was acting was a clearvacancy and he has to be absorbed in it permanently as perStanding Orders irom 28-/-1981 onwards with attendantbenefits. According to him he admitted in the cross exami-nation done by the rr.unagemont counsel that Yellandu,Manuguru and Kolhagudem will be considered as one areator the purpose of seniority of employees including Tram-mers and there arc Trammerg working in Yelliaudu. Manu-guru and Kothagudem. He conceded that he is not theseniormost trammer in the area and Regional i.e. Yell'andu,iMamiguru and Kothagudem. But at the same time he didwot know to give promotion fronj n Trttmmer to Munshipost the seniormost Trammer will be consideicd. for ihesaid post. He denied the suggestion that he i« not entitledfor the post of Munshi as he i» not the scniomiODt Tram-mer among the area and that the promotional policy of theManagement observe only seniority as criteria for such pro-motion. He admitted that under lis. MJ the soniormostTrammer of the Area will be given opportunity to be post-ed as Munshi. But ho explained lhat lie did not know bythe time whether by that time they called for seniority listof Trammers or not. But it is his case that one C. Nara-siah, permanent tnunahi was medicai'ly declared unfit forpromotion and the post became vacant and denied aboutthe promotional policy. It is his case tht he joined in theCompany in the year 1952 and denied the suggestion thathe was appointed as Trammer on 1954.

6. After the evidence is over on 25-6-1985 for workman,it is po' tcd for Managements evidence on 11-7-1985 and itwas being adjourned from lime to time .ind Ihev took timetill 29-8-1985 and 30-9-1985 and tl'fy filed a Memo finallyon 10-12-1985 stating that they are reporting settlement andthat the talks are going on between tho Union and theManagement to arrive at a settlement. Again <;n 1-4-1986there was such a Memo statinn that negotiations to tettloIhe matter out of Court was going on and sought for ad-journment for two months. After 1-4-1986 the matter wasadjourned to 30-5-1986, 1-8-1986, 25-8-1986, 10-9-1986 and22-9-1986 but still no settlement i3 fifed and (ho manage-ment also given one more chance to adduce evidence from10-9-1986 to 22-9-1986 to produce their evidence for filingthe said settlement in the matter. They did not file anysottlement. In fact they filed a Memo on 10-9-1986 sia'inglhat they are not proceeding further in the matter ns thevfire moving applicaUon for transfer of their cases as peii-<ion filed in I.D. No. 41 of 1985. But no such transferordcr was received in tbig matter at any t int statins thismatter is stayed. There is no representation from autho-rised representative to that effect. The Tribunnl had occa-sion to pass an order in M.P. No. 278/86 in T.D. No. 41of 1985 on 4-9-1986 and the Memo wns also rejected. Bnththp ma'ters have no connection at oil. They are not com-mon issues also.

7, The interen+inc facts in this case are after having taken<Ime to produce settlement from the time the workman'*evidence wa« closed on 25-6-1985 for more 1han 1-1/2 year*.Tbe Management coluld not brine forth the so called nego-tiated sotilCTr^nt with tê workers nntl they could not od-dui> evir'encte on thoir part *r> substantiate their promo-tional policy. Further they dM not indicate that 'here werenumber of seniors pnd bv virtte of fbc said promo'fonainolicv. Further thev did ne>f inc"icat-5 that there were num-ber of seniors and by virtue of the saicl p-omotionay policythnt «r> DTVI so were posted in his rilace. Tt is _ not deniedthat K. Survanaraynna was wk in i r IK Mnishi in GradeTfT in the plnce of C NnrnR;ah from 28-7-19RI and he con-tinued to work «o Mil 10-5-1985. Now if there is a pro-motional policy f o r fillini1 llry t h o ™Cfu1clefR f r o m Trammerto M«nsW as per Ex. MI there- num he c t o ' date to showthat XY or 7 who is worVVic at Yellandp. Mnrmroru andKotriRgHdom who were seniors to K. Survflnsravana we1"*cnilrd "for intervJew in view of the s^crlrd nrnn-otionaipoiicv and thev we-e tthren the wid ôstlnc. Infect FT_ Mlwould show that in Clause 4 as follows : "Tn the Hptf ofrmt ffxnericnce H h a i n o w been decWi-d to adoot thefniirwn-r nrnofdure for promotion *o Ornrie n an-i Grajiem Munih»e«. and that the Trarrîin<! M i i ^ n ' W ' m w h»taken separately for each area of Kothagudem, BellampaTU

4574 ?HE GAZETTE OF INDIA: NOVEMBER 15,1986/KART1KA 24,1908 [PAIST I I - S E C . 3(ii)]

and Ramagudam Area i and JJ.) ns one Unit lor promotionto uraue JI iviunsmes and kjivue in iviuiisiues iet»p.eavtiyin me ics^ccuve ureas". 60 jar Oiade j i i iviunsmei nuia'Humming iviutâuuhm stpuriuuy uum <-U-H U.ULL ueu.nl,.eiicu as unc uiiu Dy nscu LO bo continued lor tro.i.OnoiidipoiiCy is quite contrary 10 uie jMumuiiuiiiU poucy luêjiouto me wuiiesscti. ivioieover vacuously s.uun^ iiiui mereme some seniors 10 ami wul not give a ljjyit to me i.i&ii-a£tu.*ini 10 wiow luai mere seniuiuy is tnei.ri.XJia ior pro-mo-iunul poucy. AA any raie tins CAJJCI imce 01 LUIS IV.bury tumia^ ana as aciint wuiiwu noui xo-/- i>oi io 10-j~iytijin a CiCar euusung vuicincy wuuiu snow uut nt Had i»auedtJipCiicliLC III Hie ingiJCl yOSL Oi aiUiiblU 4Ud UHli 11C iludauiuucd ocuer quuimctuioiis OL supervisions wid lie wasame to do tiie jou sanjittc^ruy LO trie smisWuun of (usnupeuors and me Manugeuieni .ould nui lile any comîaimsuuung UIB penou oi iour years thui me sum *»-. ijui'â-naiayana was not nDk to penoriu t'ie uum>s of iviiiniifli orthat nc acted contraray. to uits itanuma Oroers or me joorequiremtnis ot a. Munsm. ihertf is no suca ovid^nê toi\h-coining. ao it tne piomotional p«ila> is only Laseu uponeenioruy they should not have aiiowed K. buyanJiayaua I Jact in a clear vacancy wnhoui jailing the tttnioiinost peoplewfiose data is available with me Manugcm«nt and when iti$ tneir case vhat auer one week: attcr lie was kept iiKhdi'KCtaey tned to call lor the senioimoat lrani.i»i- from lhathiee areas. If it is .really cotree; they could Have displacedK. Suryunarayana by the semorruost Trammel cnhcr fromYekanuu, Manugum or Kothagudern ^nj the MajiaKeu>entdid not rcqure four years to impieuieni theii- prouiolionpolicy r)a*cd upon mere senionly. It is lcUituluus to saytnat seniorny is only tnc cnicrian in a given circumstances likethis when K. Suryanarayana was alicady acting conunuooslylor four years as a Munshi in a h.glier talcuory drawitu;acting allowance when compared with others. Section 2(.l;of tnc Standing Orders directly apply to 'lUvh a case andwnen he is continuously working tts a Jviimshi for fouryears to say that he is only a lrmnuier and because he ispaid acting allowance without being conurmed he shouldface tile interview and ho cannot bo called tor interview onthe ground that there were scniois to him seems to berather violation of Rule 2(1) of btandiriK orders as uoworker^ should bo kopt acting for a long lime when thereis a clear vacancy without tilling it properly when the work-ers is discharging his duties continuously for four years,it is incorrect to say that he is only acting ana that he can-not be construed as a permanent employee in mat actingcategory or post. The Managements attitude in draggingon the proceedings for over 1-1/2 years without any evi-dence on the pretext of negotiations -being conducted wouldshow that the seniority for Grade Ul Munshis from Train-ing Muccadams Was being taken separately of each ureaof Kothagudem, Bellampally and Ramagudam and thereforethey weie in a very difficult fix to o.vplain their own socalledpromotional policy and the socalleJ alleged promotional'rjolicy was not implemented and it was not even brought tothe notice of the workers and the Management cannot C u n -tend that it is managerial function when it affects the rightsof the workers that they can fram« their own promo ionalpolicies without consulting the workeig who arc affectedparties. Moreover it need" not be stiesscd as per the In-dustrial Dispute Act a workers case should be disposed ofin a stipulated time of thiec monthi from the dale of refer-ence, if it is an individual case or within period of sixmonths if it is a case involving more than one workerand looked from any angle this kind of delay without anyexplunaôn would only add misery to the worker who isinvolved in this reference while the Management is quitehappy in dragging the proceedings for reasons best knownto*them. So taking all these matters into consideration andalso evidence of W.W1 and afto EK. Ml nnd the- attendantcircumstances as discussed supra, T hold that ihe Manage-ment of Singaroni Company Limited was not justified innot callinjg Kudipudi Suryanarayana who was acting Mun-shi with effect from 28-7-1981 for (election to the po«t ofMunshl on regular basis and not confirming him as Munshi.On a clear understanding of the Standing Order» as wellas tho clear evidence placed befoie me I hold that lie wascontinuously acting for more than four years from 28-7-1981and that he Is entitled for being selected for t}ie post ofMunshl on a regular basis and also for confirmation asMonshi as per the StandhiK Orders and therefore th« said

Sri Kudipudi Suryanarayana is entitled for confirmationfrom 28-7-1981 with attendant benefits as Munshi.


Dictated to the Stenographer, transcribed bv him coriett-ed by rr» and given under my hand and (he seal of thisTribunal, this the fourth day of October, 1986.

Sd/- Industtial Tribunal

Appendix of EvidenceWitness Examinedfor the Workmen :W.W1 K. Suryanarayana

Witnesses Examinedfor the Management

NIL

Documents marked for the workmen

NIL

Documents marked for the Management:

Ex. Ml True copy of the letter dt. 2-8-76 addressed toall Additional General Managers and ail DivisionalSuperintendents (Kothftgudem) by the General.Manager S. C. Company Limited, Kothagudem withregard to filling up of vacancies of tramming mun-shies,

J. VENUGOPALA RAO, Industrial Tribunal[No. L-22012/109/83-D.III(B)]

V. K. SHARMA, Desk Officer


S.£). 3891.—In pursuance of section 17 of the IndustrialDisputes Act, 1947, the Central Government he.eby pub-lisntis the awaid of. Arbitrators us showji in the Annexurein the Industrial Dispute between the employcis in relationto the Stevedores/Clearing and Forwarding Agents/Con-tractors and their workmen, whicn was received by theCentral Government on the 27th October, 1986.

• IN THE MATTER OF ARBITRATION UNDER SECTION" 10-A OF THE INDUSTRIAL DISPUTES ACT, RELAT-

ING TO QUANTUM OF HOUSE RENT ALLOWANCE TOUNLISTED WORKERS AND THREE OTHER ISSUES

BETWEEN THE PARADEEP PORT STEVEDORESASSOCIATION, PARADEEP PORT, ORISSA ANDPARADEEP PORT & DOCK MAZDOOR UNION,

PARADEEP PORT, ORISSA

BEFORE SHRI P. D. SHENOY AND SHRI H. G. BHAVJOINT ARBITRATORS

FOR THE EMPLOYERS :

l . M / s . The O.S.C.T.C. Ltd.A.SubaHao

2 MA J- M. Baxi & Co.K. Raman

3. M/s. L. M. Hati & Co.& C Hati

4375

4. M/s. S. C. Das & Co.B. D M

5, M/s. E. C. Bose & Co.K. J. Valson

6, M/s. T, P. Rov Choudhury * (,,o.Balaram Khuntia

7, M/s. Orissa Stevedeores (PJ [,M.Mahimananda Miahro

8. M/s. Rov & Chaltcrie (?) LtdA. Pattarwik

9. M/s. Maliima Nanda MimuP. K. Hati

10. S. P. Nanda, Advocate

11. B. M. Patnaik. Advocate.

FOR THE WORKMEN :

1 G. S. Jena, President2. A. C Nag, Vice-president

3. Dulal Nath. Vice President4. C. K. Mahapatra, Joint Secretary5. Babaji Ch.' Swain, Orgn. Secretary6. A. K. Swain, Orgn. Secretary.

Representative of Paradeep Port A ' Dock Mazdoor UnionParadeep Port, Orissa,

AWARD

<\ Under an agreement between the management of Para-deep Port Stevedores Association, Paradeep Port on behalfof all Stevedores, clearing and forwarding Agents con-tractors of Paradeep Port, Orissa and their workmen tepie-scnted by the Paradeep Port and Dock Mazdoor UnionParadecp Port signed On 29th January, 1985 in term* ofSection 10-A of the Industrial Disputes Act, 1947 the dis-pute between them regarding the Quantum of House RentAllowance to unlisted workers, payment of wages to unlistedworkers in terms of National Wage Settlement dated4-1-1981 and 11-4-1984, method of working out daily wageto unlisted cargo handling workers and payment of atten-dance alowatice to unlisted cargo handlinn workera; was re-ferred for our joint arbitration. The Government of India,

'Ministry of Labour in accordance with the provision ofsub-seclion (3} of Section 10-A of Industrial Dispute* Act,1947 ordered the publfca'ion of the s;iid ag-e-m-nt videorder No. L-38012/2/85-D-IV(A). dated 18-3-1985.

2. The specific matters in dispute as referred for ourarbitration were worded as follows • —

" 1 . Quantum of House Rent Allowance to unlistedworkers.

2. Payrcent of Wages to unlisted workers in terms ofNa'ioflal Wage Settlement dated 4-1-198] arid11-4-1984.

3. Method of working out daily wage to unlisted CargoHandling Workers.

4. Payment of Attendance Allowance to unlisted CargoHandling Workers."

3. Tê parties to the dispute were requested vide le'terdated 27/29th March, 1985 to flic thcir statement of thecase in triplicate within 15 dav< frn.ni the date, endorsing acopy of the same to the opposite party simultaneously. Theparties requested for extension of time for filing the'rwritten statement which was grantcl by us upto 25-4-1985vide letter dated 19-4-1985.

4. On receipt of the complete papers from the partiesconcerned, the parties were called for a personal hearing:on 21-8-1985 at Bhwbaneshwar and were nlso reques'ed tocome with all evidence, oral or documentary substantiatingtheir eaie. The parties were given personal lieaWnc on21-8-1985. Employers filed their rejoinder dated 20-8-1985on 21-S-1985. A -.opv of *h« **m<; ym" ? I v e n t o f h e r*P r e-sentatives of Unions to file their rejoinder/reply to theemployer's rejoinder. The Union requested for lirrw which

was alowed. The parties were given personal hearings fur-ther on 2-12-1985 at Delhi; 7th and 8th January, 1986 atBhubaneshwar; 17-4-1986 a Calcutta and finai'ly on30-7-1986 at Delhi. The parties had lime to time mutuallyextended the time to give our Awurd and finally on17-4-1986, the parties gave their consent extending theperiod for release of. the Award upfo 31-10-1986.

5. On 7th and 8ih January, 1966, the parties had detail-ed arguments over the issues referred to us in this disputeand finally they desired to arriv0 at mutual understandingby resolving the issues in 3 or 4 sittings which was allow-ed with the direction to the partics to keep the arbitratorsinformed about the progress so a:hicved by trem. Whenthe caê came up for final hearing on 30-7-1986. the partiesin disputes, submitted their joint petition dated 23-7-86 stat-ing that they have arrived at a compromise and have re-solved all their dispute/differences including the -specificmatters pending before Us in this dispute .and requested usto accept this agreement and pass an order in terms of theiragreement dated 23rd July, 1986. They filed copies oftheir mutual agreement dated 23rd July, 1986 which havebeen taken on record and annexed to this Award.

6. During the personal hearing held on various dates, theparties had submi'+ed their pleadings and documents insuproit of their claims which do not now call for anve-ranrnatfien or discussions. The mutual agreement dated23-7-1986 filed before us has however, been examined byITS and we find that the agreement is a package deal onvarious Issues including inter alia the four demands referredto us. ThiN- agreement is fair nnd just. We ftre of theopinion that thin agreement would be in the better interestof tê workman to set at rest their claims in question.

7. We therefore, eive this award on the terms, which haveW n p<rree<1 upon between the writes in the fgre^mentda'cd 23'd Mv. 1986 which now form part of this award.

R, We nre Wanly thankful to the rartifs for the wholehear'ed co-o"erntion extended to us by them durinc thearbitration proceedings.fT-T. O. BHAVE)Joint Cî'fTj'bour Commissioner (C'l 4

Arbitrator(P. D. SHPNOY)

Chief Labour Commissioner CC) &Arbitrator

New Delhi:Dated : 15th October, 1986.

BEFORE

Pri P. D. Shenov,CWef Tnhnur Commissioner (Contrnl),New Delhi.Sri H. G. flave.Jt. CLC (Central),New Delhi. ...Arbitrator

In the matters of :

Reference No. 8 of 1985(Arbitration under Section 10A of the I.D. Act, 47)

ANDIn the matter of Government of India Order No. D| 19-3-85.

ANDTn the matter of Arbitrator Agreement, dnted 21-1-1985.

BETWEEN

C&F ApentslS'e-"edoreslOont:nclnrs °f Prtmdin .Portê7ir-"?n*e(i by President, Stevedores Awcialion—-Employer.

ANDThe Workmen Rertrpccn'ed hv T'sirndin Port and Dock

Mn7r1oor Union CINTfJC) Paradfp Port and Work-men.

Tn th* mnt'rr ' of To'n P^t't'On of ComTVOrni f*.The petitioners, the Employers and the Union jointly beg

to submit as under :

457<5 THE GAZETTE OF INDIA: NOVEMBER 15, 1986/KARTIKA 24,1908 [PAJVT II—SEC. 300]

1. That the aforesaid case is pending tefcre the Hon'bleArbitrator for their decision.

2. That in the meantime, nn amicable agreement has sincebeen arrived at between the Union and the Employer onvarious issues including '.he specific issues pending beforethe Hon'ble Arbitrator in Reference No. 8 of 1985 as perthe terms embodied in the enclosed agreement dated 23rdJuly, 1986,

PRAYER

The Petitioners, I.e.,The Union and the Employers jointlytherefore Pray that the Hon'ble Arbitrators may kindly ac-cept the said agreement ns reasonable and give an Awardaccordingly.

And for this Act of kindness, the Petitioners shall everPray.

r

SUBMITTED BY >Employers :

1. M|s. The O.S.C.T.C. Ltd. A. Suba Rao.2. M|s. J. M. Baxi & Co., K. Ramesh.3. M|s. L. M. Hat! & Co., S. C. Hati.4. M|s. S.C. Das Si Co., B. Das.5. M|s. E. C. Bose & Co., K. J. Valson6. Mis. T. P. Roy Chondnry & Co., Mr. Balaram Khun-

tia.7. M k OrissPi Stevedore* (P) Ltd., Mr. Mahimananaa

Mishra.8. M|a. Roy & Chatterjee (P) Ltd., Mr. A. Pattanaick.9. M\i. Mahima Nanda Misra, Mr. P. Kl Hati.

UNION

1. Mr. Duial Nath —Vice President.2. Mr. A. C. Nag —Vice President3. Mr. Survamani Swain —Secretary.4. Mr, Babajricharan Swiin —Organising Secretarv.5. Mr. Brajabandhu Polta Singh —Organising Secy.

Settlement arrived at by agreement between the Steve-dores/CAF A cents /Contractors of Parndip*nd Pamdip Port & Dock Mazdoor Union(I.N.T.U.C.) Paradip Port.

NAME OF PARTIES

Representating Employers :

1. M|s. The O.S.C.T.C. Ltd..,2. M|s. J M. Box! & Co.,3. M|s. L. M. Hat! ft Co.,4. M|s. S. C. Da* & Co.,5. M k E. C. Bose ft Co., Pvt. Ltd.,6. Mis. T. P. Roy Chowdury & Co., Pvt. Ltd.,7. M k Orissa Stevedores (P) Ltd.,

8. M|s. Roy & Chatterjee ft Co., Pvt. Ltd.,

9. Mis. Mahlmananda Mishn.

Representing Workmen :

1. President, Paradip Port i- Dock Mazdoor Union.2.

TITLE OP THE CASE

By Order dated 18-3-«5, The Government of India in exer-cise of rowers U|s 10A of the Industrial Disputes Act, 1947have referred the following disputes between Nine Stevedo-reslContractorslC&F Agents snd 1479 nr.listrd worlds re-presented by the Paradip Port k Dock Mazdoor Union forJoint Arbitration by the Chief Labour Conunissloner, (Cen-

tral), New Delhi and the Deputy Chief Labour Commission-er (Central) New Delhi.

1. Quantum of house rent allowance to unlisted work-ers.

2. Payment of wages la unlisted workers in terms ofNational wage settbnwnt dated 4-1-81 and 11-4-84.

3. Method of working ftit daily wage to unlisted Cargohandling workers.

4. Payment of attendance allowance to unlisted Cargohandling Workers.

The said reference registered as Arbitration Case No. 8of 1985 is now pending adjudication.

In the meantime, several other demands including bonus,etc. for past years have been voiced by the Paradip Port& Dock Mazdoor Union, in short, the Union on behalf ofthe unlisted cargo handling workers.

The Stevedores |C&F AgenNlCantractora as named above,herein after to be shortly referred to as the traders, havetaken the stand inler alia in the above Arbitration case endalso in their Defence against the subsequent demands asvoiced by the above Union that there exists no master-ser-vant relationship between the said Stevedores/C&F Agents/Contractors on the one hand whether jointlv or severallyMid the unlisted cargo handling workers on Ihe other, whilethe Union has the stand that they are the workers of thesnid nine employers.

In view of the peculiar system of working by the unlistedcargo handling worker» nnd their development for the clear-in p, and forwarding work undertaken bv the traders andwithout prejudice to the respective stand of the narties ass'R'ed above, solclv in the lareer interest of Ihe Port ;ind itsoperations and with a view to resolve industrial unrest andfrequent stalemates in work, the parties had several roundsof rjrolonoed dfscussions in mutually to evolve some fairlyacceptable solution to all the outstanding conflicts and diffe-rences between them and ultfmalolv the following accordhas been reached by and between them .

Terms of Settlement :

•1. It is agreed that this settlement shall apply to the exiit-in« cariro handling workers (unlisted 1 of the oool in resnectof 1479 "workers to whom the Paradlp Port Trust has Issuedpate passes as recommended bv the pool. Tn case of mchunlisted w>rkers who have in the meantime died their legalheirs certified hv the Tnhasiidar of the respective areas towhich the deceased workers beinngyShall be paid benefits a*contained In clause No. 3 below.

2. Pavment of all moTicv<; under this aereement shall bomade through the Paradip Port clearing forwarding andhandling workers pool, briefly the pool.

3. Tt is agreed that .ill claimsldemnndsldismite-i Includingthose pendinp in Arbitration, claim to bonus, etc.. of theworker^ for the period immedii^eiv prior to the dn'e of thispo'eemenf shall sti\nd settled bv pavment of Rs. 2,500 HVoThousand Five Hundred onivl thr traders concerned shallc^lect the above amount from the principals out of levy.The above pavment of Us. 2,500 shall bo made in the fol-lowing manner.

fi) Each unlived worker e\reptin<r fifty five workers ofIron Ore nnrl Chrome Ore See'ion shall NT paid a lumpstirtiamount of Rs. 2.500 in fiv etuwi instalment of Rs. 500fnfh re r fiuar*er. with the flrit snch ouarterlv pnvment tobe alongwith the monthly wages (earnings) for July, J986.

The above said fiftv five wort-em of Tron Ore nnd ChromeOre SecHort shall be rmid Rs. 2 OHO (T\*r> Thousand OnTv) asthfv hf\vn flirrarjv b ^ n naid bonus/ex-gratia for two yearspavabie on the line indicated above.

flil Tt k understood :ind ntfred that the nbove nnvnentshall not attract any legal liability in respect of providentfund and gratuity.'

4577

(Hi) The Fool vv ll be requested by the parlies jointly andseverally to Immediately intimate each of the trades and the

Union trie names of unlisted workers who have retched puchc^-gratia sum.

(iv) It is agreed that with effect from the date of thisagreement, each unlisted worker drawn from the pool byany of the traders shall be paid the rates of wages as perAnnexure-I to this agreement whicb has been formulatedkeeping in view the various wage settlements between theGovernment of India and the Federation of Unions of Portand Dock Labour met the present practice in the ParadipPort, It is understood and agreed by and between the par-lies that the term ('wages J in the context of this agreementshall include basic Pay, DA, VDA, S.D.A. H^use RentAllowance. Off-Day Wages, National and Festival Holidayswages. Attendance Allowance and Computation of Dailywages dividing basic monthly pay by 26 days and other com-ponents by 30 days.

Provided that, the amount of bonus|e*gratia as agreed in'Vrmcxure-I will accumulate with the pool and will be relea-sed for payment 10 the concerned worker* alongwith theearnings of the Month t>f September. 1986.

And thereafter the amount of bonus|cxgratia shown inAnnexure-T shall be paid alongwith their monthly wages.

Provided thatt in respect of ancillary workers (unlisted)drawn by the traders from (he pool, the payment of wagesshall be at the same mre at will be paid by the Port Trustauthorities to their pncilla/v workers, and in case the ancil-lary workers of the Port Trust become entitled to any re-trospeclive increase in wages as per the pending ArbitrationCase No. 9[85 from a date prior to the date of this agree-ment, the traders shall pay Jn Tespect of the ancillary v-ork-cis such increased rate only with effect from the date of thisagreement.

fv) The above waiw fixation shall if main in force untilthe next settlement between tho Government of Jndln andthe federations of the major Port and Dock workers,

(vi) It is agreed that (he itemwise datum and the incen-tive scheme as indicated in Annexure-II shall be scrupulou-sly followed by the workmen in case the output falls helowthe datum where the woik is available, ihe concerned work-men shall be entitled to wapes only at the prorata' basis(Tonnage rate) as stipulated" in Annexure-II.

(vii) It is understood nnd agreed thai the pool shall notcive booking to any worker for more than two duties in adav and that deployment of mazdoors and sardars shall not

depend upon availability or non availability of Supervisors tillthe time the Union submits to th? pool a list of educatedv'rVeri for considerliiort of promotion as supervisors.

fviii) It is agreed that the parties will lake up with thepool for increasing its efficiency for more effective cdntrol of

Labour and for an equitable disfributionjallocation of Labourto the traders as per requirement.

(ix) It is agreed th.it in case any worker misconductshimself while working for any trader, the concerned tinderwill be free not to accept his booking for a period of maximum7 (seven) days with issuance of a letter to the pool infor-ming the nature of misconduct of the worker immediatelywith a cony ta the concerned Union and the other traderswill also be free to T efuse acceptance of his booking forany of them for the abovo period of seven days. An enquiryshall be made jomtlv by the representatives of the complain-nc, traders & representative of the concerned Union andrepresentative of the pool in presence of the worker within(he said seven days,, Tn case of absence of either of the (woparties oiher than the complaining trader the result of theenquiry bv the two parties shall bf tlnal. If the concernedworker is found to be not .smlty. the complaining trader shallbe liable to rlcror-i* h;<. wages with the pool of his bookingslost under the ••aid tr.-'^er.

Proviiled thn' t'ie aWve arrangement shall cease to ontr;i(c(in the oominff in'o f-i/ve of n code of conduct for the work-man re- 'I'hieh ih« ivir[ies hereby agree tbaf they -would

approach the pool within a period of two months with acommonly accepted draft code of conduct for adoption andc\eci:lion by the pool.

(x) The parties understand and agree that In the event offuture decasuallsation of the unlisted Labour|Workmen, thisagreement shall not stand as bar.

(xi) The parties understand and agree that during thecurrency of this agreement, there shall be no other or fur-ther demand involving financial commitments from the tra-ders in respect o-f the matters covered by this agreement.

(xii) This agreement shall come into operation from thedate of signing of this agreement i.e. 23rd July, 1986 andshall be operative until the next settlement between theGovernment of Jndia and tile Federation of Major Port &Dock Workers.

(xiif) Since the parties have resolved all their disputes jdifferences including the specific matters pending before thelearned Arbitrators in Arbitration Case No. 8 of 1985. theparties agree and undertake to approach the learned Arbitra-tors to accept this ugrcement anj pass an Award in termsthereof.

In witness whereof the Parties through their Authorisedrepresentatives piit thoir hand and iea] to this agreementthi". day of 23rd July. 1986.

REPRESF.NTATTVESOF UNIONTRADERS : REPRESENTATIVES OF

PARADfP PORT & DOCKMAZDOOR UNION

1. M/sTheO.S.CT.C. Ltd.Sd/- Sd/-

(A. SUBA RAO) 1. A.C. NAG, Vice President.

2. M/s J.M. Baxi&Co.Sd/- Sd/-(K. RAMESH) 2. Dulal Nath, Vice-Presldent.

Sd/-

3. M/>L,M.Hati&Co. 3. Surya Mani SwainSd/-. Secretary.

fS.C. HATI)

4 M/s.S,C. Das&Co. 4, Babaji Ch. SwainSd/- Organising Secretary.(B. HAS)

5. M/P F.G. Boc.e& Co s. Brajabandhu Palta Sing.Sd/- Organising Secretary.(K.J. VALSON)

6. M/s T.)7. Roy Choudhmy& Co. fp) Ltd

Sd/- WTTESSES :

(13. KHUNT1A)

'' M/ f)ri\a Stevedore; (1) Signature .(P) I,Id Name in Capital Letter..Sd/- Addrc-J-; : Basanta Kr. Bala

P.O. Aripada y. Narnhrl Pur.(Maiii:niin'.indfe Mi'-hra") P.S. : Ivendrapafa.

R. M/>. Roy ^Chatterjee Dt. Cuitack,(P) Ltd. (2) SignatureSi/- Name in capital letters(A. l\iu?.(iaik) Addrcis :

0. M/,. rOiJiinnrMiUla Mi.hra Bania SahiSd/- Cuttack-753001

(P.K. 1MTI) (Wana Mohan Noharana)

4578 THE GAZETTE OF INDIA: NOVEMBER 15. 1086/KARTIKA24, 1908 [PART U - S E C . 3(ifl]

ANNEXURE—I

Category Daily Wages including allowances Daily Rate of Bonus/E^gratia Daily Wages (Gross) Totalas mentioned In agreementD/23-7-86 under Item No. 3

(IV)

1

Supervisor

Sardar

Mazdoor

2

Rs- 57-63 ps.

Rs. 53.43 p<s.

Rs. 52-03 Ps.

3

Rs. 4.R0 Ps.

Rs. 3.99 Ps.

Rs. 3.87 Ps.

4

Rs. 62.43 Ps.

Rs. 57.42 Ps.

Rs. 55.90 Ps.

N.B- The above wages have been calculated keeping b view of Lhc scale of pay being paid to the above categories by the Paradipport trust as per the wage board recommendations D/l 1-4-84.

No further wages revisions will take plaoe during the currency of Agreement D/23-7-86, vide Clause Nos. 3(xl) & (xil)

EMPLOYERS UNTON -

1.

2.

3.

4.

5.

6.

7.

8.

9.

M/s. The O.S.CT.C Ltd. —A. Suba Rao

M/s. J.M. Baxi & Co. -K. Ramesti

M/s. L. M. Hati & Co. —S. C. Hati

M/s. S.C. Das & Co. —B. Das

M/s. E.C Bose & Co. —K. J. v ^ o n

M/s. T..P. Roy Choudhury & Co. P. Ltd- —B. Rhuntia

M/s. Orissa Stevedores (P) Ltd.—M.N. Mlshra

M/9. Roy & Chatterjee (P) Ltd.—A. Pattnaik

M/s. Mahimananda Mlshra—P.K. Hati

1.

2.

3.

4.

5.

Dulal Nath, Vice President

A.C. Nag, vice President

Surmani Swain. Secretary

Babaji Charan Swain. Organising Secretary

Brajabandhu Paltasingh Organising. Secretary.

ANNEXURE—1IStatements of Datum and Rates/Incentive Rates thereof Fixed PER M.T. for Different types of o rgoso fa t paitof Par lip

S. No. Cargo Gang Daium (per gang Time/Rate IncentivestrenKth per shift) r>er M/T. —

1.2.3.

4.

5.

6.7.

8.

9.

10

11

1 2

Bag Cargo

DrumBaleCooking Coal/HardCoke/Coastal cf>a I

Iron OrePig lionBulk (Iron Ore/Chrome Ore)Ferro Maganese/Manganese Ore.Charge Chrome

Copper Concentrate

. Steel Billets & 1Wire Rod

. Steel Sheet Coil & SteelSlab up to 9 M.T. per pc

8—1

8-1-1

8 + 1

8 + 1(By 1

8+18]-1

8 + 1

K + l8 1-1H + 1

8 + 18 + 1

i+1

8 + 1

3 ' 4

36.00 M.T.30.00 M.T.36.00 M.T.

LJ/L 30.00 M.T.Wagon)

36.00 M.T.32.00 M.T.

100-00 M.T. (U/L) Truck

50.00 M.T. (L) Truck70.00 M.T. (U/L) Truck50.00 M-T. (L) Truck65.00 M.T. (U/L) Truck50.00 M.T. (L) Truck

11 8.00 M.T- L or U/L byCrane

23 Pcs L or U/LBy crtine (207-MT)

5

Rs. 11.&5Rs. 14.00Rs. 11.65

Rs. 1 4.00

Rs. 11.65

Rs. 13.10

Rs. 4.20

Rs. 8.40Rs. 6.00Rs. 8.40Rs. 0.45R/s 8.40

Ri. 33?

R.S. 18.25or Rs. 2.05

Up to 50 % of above datum over 50 °/c

6

Rs. 12.50Rs. 1 5.00Rs. 12.50

Rs. 15.00

Rs. 12.50

Rs. 14-00

Rs. 4.50

Rs. 9,00

Rs. 6.40Rs. 9.00

Rs. 6.90Rs. 9.00

Ry. 3.80

Per pg. 19.50per MT. 2.15 per

7

Per M.T.-do-

-do-

-d»-

-do-

-do-

-tio-

-do--do--do--do--cto-

-do-

, Per pesMT.

Datum

8

Rs. 13.00Rs. 16.00Rs. 13.00

Rs. 16.00

Rs. 13.00Rs. 1 5.00

Rs.4,85

Rs. 9.70

Rs. 6.90Rs. 9.70Rs. 7.50Rs. 9.70

Rs. 4.15

Rs. 21.20Rs. 2.35

; of 1 bove

9

Per M.T-do- '

-do-

-do-

-do--do-

-do-

-do-

-do--do-^do--do-

-do-

Per pcs OT

Per M.T.

457 9

2_ _"" "_'_ 3 T ~ _ L ~ _ _ r 4_ " ^ 5 ---12. Steel SJab/Coil of 25 $ h I 16 pcs I. or Lf/L by Rs- 26.25 per pcs. Rs. 28.25 per pcs. or Rs. 3O.45~Pcr r*;s ~^n

M-T- Crane (400 M.T.) or Rs. 1.05 per MT, 1.15 Per MT. R$. 1.20 Per MT.

(Weight Ahove 9 MT. upto 24 MT. Tonnage rate will apply)

13. Steel-wire rod coilsbounding (Minimum4 Stings each boundle) 8-fl 44 bmmclles Rs. 9-55 per Bdl. Rs. 10.55 Per Bdl. Rs. 11.05 Per BUI

14. Hard Coke 8-| 1 U/T 80 M X Rs. 5.23 Per MT. Rs. 5.75 Per MT Rs. 6.10 Per MTL/T 30 M.T. Rs. 14.00 -do- Rs. 15.00 Per MT Rs. 16,00 Per MX

Note- -(I) The output of the shift shall be as per the Tally maintended by the Pool supervisor and certified by user supervisors.(2) In view of the present piece rate scheme there will not be any payment of any nature for inctcasin goutput arbitarily when the

actual output is less for the dolibcrate slowdown of work, the fiang will be paid reduced wages pro-rate

V3"* I f i t is «> required by the user, the gang booked for a particular spot will be shitted to any other wark spot within the port

to enable the user to provide sufficient work to meet datum requirement-

(4) In the case of any eventuality, the user would be within his right tochange tho type oi work contemplated originally for the gang-« ' ' L t o U/L, Truck loading to wagon Loading vice-versn etc. which will he restricted to one chnnim,..EMPLOYERS

1. M/B. The o.S-CT.C. Ltd.—A. Subu Rao2. M/s. J.M. Boxi & Co. —K. Ramesh3. M/s. L.M. Hati & Co. S.C. Hati4. M/s. S.C. Das & Co—B. Das5. M/s. E.C. Hose & Co—Kj. VaJson6. M/s. T.P. Roychoudhury & Co. (P ) Ltd- B. Khuntia7. M/s. Orissa Stevedores (P) Ltd. — M.N. Mishra8. M/s. Roy & Chatterjee (P) Ltd.—A. Pattnaiak9. IVf/s. Mahimananda Mishra—P.K. Haii


S.O. 3892.—In. pursuance of jet ton 17 of the IndustiiulDisputes Act, 1947 (14 of 1947), the Control Governmenthereby publishes the award of the Central Government In-duitrial Tribunal, No. 2, Dhanbad as shown in the Annexure,in the industrial dispute between the employers in relationto the management of West Mudidih Colliery of M/s. BharatCoking Coal Limited and their workmen, which wag receivedby the Central Government on the 23rd October, 1986.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL (NO. 2) AT DHANBAD

Reference No. 113 of 1985In the matter of industrial disputes under Section lll(lXd)

of the I. D. Act, 1947PARTIES:

Employers fn relation to the management of WestMudidih Colliery of Messrs. Bharat Coking CoalLimited and their workmen.

APPEARANCES :

On behalf of the workmen: Shri S. N. BhattacharvaAdvocate and Shri S. N. Goswami, Advocate.

On behalf ol lhc fijiploycrs Shri fl. Jushi, Advocate

STATE: Bihar. INDUSTRY: CoaJ.

UNION

1. Dulal Nath, Vice President2. A.C. Nag, Vice President.3. Suryomani Swain, Secretary4. Babaji Churan Swain, Organising Secretary

5. Brajftbandhu Paltasingh, Organising S e e m l y

[No. L 380 13y2;857D. 1V(A)]K. J. DWAPARSAD, Desk Oincer

Dated, Dhanbad, the I6th October, 1986

AWARD

The Government of India, Ministry of Labour in exerciseof the powers confwred on them under Section 10(1 )(d) ofthe ID, Act, 1947 has referred the following dispute to thisTribunal for adjudication vide their Order No. L-20OI2(80)/85-D. 1II(A), dated, the 30th July, 1985.

SCHEDULE

"Whether the action of the management of West MudidihColliery of M/e. Bharat Coking Coal Limited, P.O.Katrasgarh, Distt. Dhanbad in denying employmentto the dependant of Smt. Anjwa Charnarain, ex-Wagon Loader as per the provisions of NationalCoal'Wage Agreement is justified? If not, to whatrelief the dependant of Ibe said workman isentitled ?"

The case of the workmen is that Anjwa Chamarain was apermanent wagon loader in West Mudidih Colliery of M|s.B. C- C. Ltd, She wa5 residing in a hut on the manage-ment's* land and materials for construction of the said hutwere supplied by the management as no quarter had beenprovided to her. The said hut caught fire due to which thehut was burnt and Anjwa Chamarain was also badly burntin the said fire. The said burning injury caused to her per-manent disablement. Anjwa Chamarain represented beforethe management for giving employment to her dependantson Nunu Ram who was her adopted son under the provisionof NCWA-H. The management also declared Anjwa Cbama-rain as disabled workman on the basis of the report of thernedical board dated 14-8-82. When her praver was notallowed, she represented Bihar Janta Khan Mnrdoor Sarmtithe, union who raised an industrial dispute before the Al,C(C),Dhanbad. After the failure of 1he conciliation before theALC(O the dispute was referred for adludication to thisTribunal by the Government of India, Ministry of Labour.It k further submitted that Anjwa Chamarain WHS married

4 580 THE GAZETTE OFIND1A :NOVEMBER 15, 1986, KARTIKA 24, 190S [PART II—SEC. 3(11.)]

to Sukhdeo Das. Anjwa Chamarain was issueless and as suchshe, and her husband Sukhdeo Das jointly adopted Shri NunuRam and the said adoption was given to them by thenatural parents of Nunu Ram. Subsequently a deed of adop-tion dated 29-3-82 was executed by Anjwa Chamaiain andKaila Devi the naturela mother of Nunu Ram. It is furthersubmitted on behalf of the workmen that under para 10.4.3of NCWA-H Anjwa Chamnrain is enitlcd to the employmentof her dependent Nunu Ram when she adopted as her son.

The case of the management is that Anjwa Ciiarnaram,wile of d,uK.hdeo Das, joined as Casual wagon loader at WestMudidih Colliery on 11-O-ZJ. She lell her employment from2/-12-81. ithe flabnutted her resignation letter dated 23-9-h2and the same was accepted by the management On 8-10-S2.

' According to the management, Anjwa Charnarain left heremployment at her own accord on 2/-12-81 and the subse-quent submission of her resignation dated 23-9-82 \va;> witiisome ulterior motive. She had submitted a pKbto copy pur-ported to be a deed of adoption dated 29-?-82 indicatingthat she had adopted Nunu Ram aged 23 years and she hadrequested the management to give employment to Nunu Ramas her dependent. The concerned lady had left her employ-!merit on 27-12-81 and had prepared a deed of adoption on29-3-82 at the instance of certain interested persons on pay-ment of certain considerations for thc purpose of givingemployment to Nunu Ram. Her claim was mala fide and nota genuine claim for employment of Nunu Ram. The deedOf adoption was invalid as Nunu Ram the person purpoitedto have adopted was aged 23 years at the time of the exe-cution of the adoption deed. She had no legal right to claimfor employment of the adopted son after having icsgnedfrom service. Ihe raanagemeut had not provided any mate-rial for ihe construction of nut of Anjwa Chainarain, Themanagement was not awaie of the alleged accident duo towhich Anjwa Chamarain was bjrnt. The concerned lady hadsubmitted her resignation voluntarily after leaving her eoi-ployment. The case of termination of her servxes due toher permanent disablement was not true and it was concoctedto secure employment to a stranger. On- the above plea it issubmitted on behalf of the management that Anjwa Chama-rain is not entitled for the employment of Nunu Ram asher adopted son.

The only point for consideration in this case ii, whetherAnjwa Chamarain is entitled to get employment of NunuRam as her dependent being her adopted son.

The management examined one witness and the workmenhave examined three witnesses in support of their respectivecases. The management has got 4 documents exhibited whichare marked Ext, M-l to M-4. The workmen's documentshave been marked Ext W-l to W-3.

Admittedly Anjwa Chamarain was a permanent wagonloader in Mudidih Colliery of M/s. B.C.C. Ltd. It willappear from the evidence of MW-1 Shri Birendra Singhworking as Senior Personnel Officer in West Mudidih CoJlicTythat the medical board had reported Anjwa Chamarain unfit.In the cross-examination hi has stated that the medicalreport by which the concerned lady was declared unfit bythe management is in the office of the management and thcsame can be filed. It is thus clear from the evidence of themanagement's witness that the concerned lady Anjwa Chama-rin had been declared medically unfit and that the manage-ment possesses the said medical certificate. WW-1 is AniwaChamarain herself. She has stated that in December, 1^81the electric line fell on her hut causing fire to her hut. rndalso causing burning injuries to her. She has stated that shewas taken to Lovabad hosptol where she remained as anindoor patient for aobut n fortnieht. She further statedthat she was disabled due to the said injury. Tt is thus cleatfrom the evidence of MW-1 and WW-1 that ^njwa Cha-marain was declared unfit by the medical board.

Ext. M-3 dated 23-9-82 is a petition filed by Anjwa Cha-marain to the Manager, West MudicHh Colliery in which itts stated that she has resigned from, her service foreivitig em-ployment to her ndopted son Nunu Rain. She stated in thatpetition that she had become medically unfit and WHB declared

unfit by the medical board and as such she demanded Ih^ther adopted son Nunu Ram may be given employment underthe provision of NCWA-ll. Ext. M-4 dated 8-10-i>2 is aletter by the Manager, West Mudidih Colliery in jeply tobxt. M-3 by which the management refused to give employ-ment to Nunu Ram as ihe dependent adopted son Of AnjwaChamarain. It is also stated in this reply that the medicalboard after her examination had found that she was notlit tor work and as such her resignation was being acceptedwith effect from 11-10-82. Thus this letter Ext. M-4 alsoshows that Anjwa Chamarain had been declared unfit and dis-abled by the medical board of the management and as suchher resignation was accepted by the management.

lya. W-l is the deed ol adoption dated 29-3 b2 executedby Anjwa Cliamaruin adoptive mother und Jvaila Devi thenatmal mother of Nunu Koui. liic adoption ceed appearsto be very uudly dratted. U is stateu in t:e deed that AnjwaCluiinwrain hua no natural w>rn un or daughter of her ownami there la no chance ol huvn£ any issue because- of herhealth and age thus; she is desirous to adopt a son who snoultjperiorm necessary and usual ceicmonics alter her death toafford peace to her soul. It is further stated ihat Kaila Devimother of the adopted son was willing to give her son NtinuRam aged about 23 years to her for adoption on 7-3-78. Itis further stated that she had already adopted Nunu Ram usher son witli thc consent of Kaila Devi and also with theconsent of Nunu Ram. It will thus appear from the adoptiondeed Ext. .W-l that Nunu Ram was adopted when he wasaged 23 years and that he naturul mother Kaila Devi hadgiven consent for the said adoption and that Nunu Ram hadalso given his consent for being adopted as the son of AnjwaChamarain. Ext. W-2 is the affidavit of Sukhdeo Das andAnjwa Chamarain dated 26-6-84 and Hxt. W-3 is thc aiFi-davit of Kaila Devi of the same date. It will appear fromExt. W-2 that both Shukhdeo Das and Anjwa Chamarainhad adopted Nunu Ram and were the adoptive parents. It isfurther stated by them that they had verbally adopted NunuRam at the age when Nunu Ram was aged three yearsand thereafter they prepared an agreement of adoption on7-2-78 and lastly prepared a registered deed of adoption o i29-3-82. Kaii'a Devi in her affidavit Ext. W-3 has stated thather son Nunu Ram was brought up by the adoptive motherAnjwa Chamarain and adoptive father Sukhdeo Das. She hasstated that she gave Nunu Ram in Adoption to Anjwa Cha-marain and Sukhdeo Das. It will thus appear from the affl-

- davit that Nunu Ram was the adopted son of both AnjwaChpmnrain and her husband but the deed of adoption showsthat the adoption had been made by Anjwa Chamarain aloneand as such she had executed a deed of adoption. No evi-dence of reliable independent person has been produced toshow that Nunu Ram had been adopted at the age of 3years. On the contrary the evidence of WW-1 and WW-2 isthat the adoption took place about 15 years ago. It willappear that WW-3 Nunu Ram who is said to be adopted sonOf Aniwn Chamarain is aj?ed 24 veam. Tims Ihe adoptionaccordinp to the workman took place about 21 years ago.The evidence of WW-1 and WW-2 that the adoption tookplace about 15 years ago does not find support from theevidence discussed above. Under Section 16 of the HinduAdoptions and Maintenance Act., 1956 it is provided thatwhen ever any document resistered under any law for thctime being in force is produced before anv court purportingto record an adontion made and k sientd bv the persont/ii'i»ie and the Person taWinu thr clvid in adoption the courts^ail nresntne that tlie ntiontinn hn<: bren nWn in cnrnniinncewith the provision of this A^t nnlrss and untill it is disproved.There is alrendv a reinsured dend of ndopt:on Exfr. W-l andthere is presumption in favour of the adoption.

We have therefore to ^?e whether the ndotitkm suprmrtnlby Rxt. W-l has been disproved bv the management. WW-1Arii">n Phfimn'nin ^ s staVfl In h<-r rvir1pTir> +hn* A/frufho Untt*and his wife cnvc theiV child Nnnu Rarp in ndoot'on to A"iwaPhnmDrain find he<- hnshnnd. Shoi har- stMed that mibsemientlvhr*r fcmjivin 1 Snl-Jifijin TWITT'I"^ ^Iinpti Plinmar.iin find olU ofi1-*» qriM mnrr»'1"* diVVi^cn fapri two To^s TT**T>'1'1 MMIPS ,'ivlBiiov tind T rinii^bter JWnt ^he ha* Emitted t)\ii* chr h.i'1noT-ninntte.fj T}.MT; t;r)Ti fit S^Vhi^rn fVtT thr riiir^pv1 o^ PTr>tni+

and Provident Fund. Ext. M-1 U t'ns declaration bv AnhvaChamarin in respect of thc CM.P.P. which shows that she

4581

had nominated Bijoy Das far the purpose of withdrawingthe amount of her P.F. in case of her death. She has describedBijoy Das as her son aged 10 years. Thus it appears fromEA.t. M-l lhaL Anjwa Chainarain had nominated Bijoy Dasas her nominee for the purpose of P.F. In her cros-examina-tion WW-1 has stated that in all the nominees filed by herregarding C.M.P.F. gratuity etc. she had given name of BijoyDas as her son and Lhat alter the execution of the deed ofadoption in favour of Nunu Ram he has given the name ofhad adopted Nunu Rom nbdut 15 y;ars ago and since thenNunu Ram as her adopted son for giving employment bythe management. It is clear therefore that she had not de-clared Numi Ram as her adopted son prior to her deed ofadoption Ext. W-1. WW-2 is Sukhdeo husband of Anjwa Cha-marain he has stated that he along with Anjwa ChamarainNunu Ram was residing with Anjwa CMmarain. He hasfurther stated that after the adoption he married Shanti Devifrom whom he . has two sons Bijoy and- Mahesh and adaughter. In his cross-examination he has stated that Bijoyis aged about 7 to 8 years but Ex*. M-l shmvs that Bijoy Daswas aged 10 year;, when Anjwa Chamarain had nominated himfor the purpose of CM.P.F. Thcre is no date when Ext. M-lwas filled up by Anjwa Chamarain and as juch it is notpossible to say as to the year when Anjwa Chamarain haddescribed Bijoy Dss aged 10 years but this much is certainthat he has more than 10 years and WW-2 is not piving thecorrect nfc nf Bijoy, Pnkhdeu Das husband of Anjwa Chu-marain has admittedly two sons out of whom one is Bijoywho had been nominated by Anjwa Chamarain as her sonin Ext. M-l. Had Anjwa Chamarain adopted Nunu Ramabout 15 years ago she would not have nominated B'iioy Dasas her son for the purpose of P.F. This Ext. M-l itself isa settler on the point that Nunu Ram had not been adoptedby Anjwa Chamarain prior to nomination of Bijoy Das asher son In Ext. M-l.

Taking the totality of the evidence of the parties it appearsclear that Anjwa Chamarnin had not adopted Nunu Rma asher son 15 yeais ago and that the deed of adoption has beenexecuted after she had left her service. It is clear that thesaid deed of adoption Ext. W-1 and the affidavits Ext. W-2and W-3 have been created for the purpose of giving em-ployment to Nunu Ram as adopted son of Anjwa CMmarainwhen she had become unfit for work.

In the result, I hold that the action of the managementof West Mudidih Colliery of M|s. Bharat Coking Coal Ltd.,P.O. Katra^garh, Distt. Dhanbad in denying employment tothe dependent of Smt. Anjwa Chumarafn. Ex-wngon loader

as per the provisions of National Coal Wage Agreement isjustified and consequently Nunu Ram, said to be the dependantof Smt. Anjwa Charmrain eXrWagon loader is entitled to norelief.

This is my Award.Dated 16-10-86.

I. N, SINHA, Presiding Oflker[No. L-20Ol2!80|85-D. It fA)l

A. V. S. SARMA, Desk Officer

ISow Dolhj, tho 4th- November, J986

S.O. 3893 :_In exorcise of the powors conferred by section4 of the Mica Mines Labour \VWare Fund Act, 1946 (22 oF1946) roa 1 with rule 4V1) of thd Mioa Minos Labour WelfareFund Ruhs, 1948, th^ Central Government thereby constitutean Advisory Committao for tlv> Stata of Andhra Prados"consisting of tha following owmbars far a pariod of tb-r-j} yearsfrOiii the Jati; of puolijatiiri of tb-K notification uain-Iv —

I.

3.

4.

5.

6.

Labour Minister,Government of Andhra Pradesh,Hyderabad.

Mija Mines Labour WelfareCommissioner,I-7-14.S/I2,Srlnivasaiiasar Colony,Mmhcerabad,Hyderabad-500048.

Regional Labour Commissioner,(Central),Hyderabad.Shri Adinarayana Reddy,Mfinber,Legislative Assembly,Hyderabad.

Shri D.B. Bhaskara Roddy,C/o Mioa Chamber of Conimorce,G udur,District Nellore.

Shri N, Subba Reddy,Pa rtuer,N.S. Reddy & Cousin,Member,Mica Chamber of Commerce2/191, Narsingraopel,Guttur,Dlstrot, Nellore.

Ciair.nan

Vice -Chairman

Member represent-ing Ontral Govt.

Member.

1 Employers' repre-sentatives.

J

4582 THE GAZETTE OF INDIA: NOVEMBER 1 5, 1986/KART1KA 24, J 908 [PART H - S E C . 3(n)j

7

S.

9

10

. Shri K. Venkata Subbaiah,General Secretary,Mica Ma/door Sang'1,R. No, 2071,Gudur,District Ncllore.

Shri B. Radl'aiah,B-175,Nawabpct, 1District Ncllorc J

Shrimati Kalahasti Yasodamma,Worker of Kalyanarama Mica Mine,Rapur Taluk,District Nellore.

Welfare Administrator,Labour Welfare, Organisation,Hyderabad.

Employe .~>reTircsent.itivt

Womanrepresentative.

Secretary.

2, In accordance with rule I1* of the Mica Minos LabourWelfare Fund Rules, 1948, the Central Government herebyfixes Hyderabad as the headquarters of the State AdvosiryCornmitten for Mica Minos Labour Welfare Fund far AndhraPradesh.

[No, U. I9T12/9/34-W. Il(O]

Ne-v Delhi, the 6th November, 1986

S.O. 3894 :—In exercise of the powers conferred by sub-section (1) of section (j of ttiu Cin0 -Workers Welfare FundAct, 1981 (33 of 1981j (hereafter mentioned as tho said Act,)the Central Government tareby appoint tho following Wel-fare Comruisaionofs with jurisdiction and Headquartersindicattd against oac" fur tho purpose of tho said Act and theCine-Workers, Welfare Cess Act, 1981 (30 of 1981), withimmediate eflbui. Theso Welfare Commissioners will wlsoact as Head of the Departments to exercise administrative)and financial powers for the implementation of welfare

sjhenios under the said Act and rules made thereunder inrespect of their -respective jurisdiction—

(I I Welfare Commissioner, Uttar. Pradesh, Jammu &Allahabad. Kashmir, Himachal Pradesh,

Union Territories of Delhiand Chandigarh.

(2) Wolfaro Commissioner, Rajasthan, Gujarat andBhilwara. Haryana.

(3) Welfare Commissioner, Bihar.Karma,

C4) Welfare Commissioner, Orissa.BhubanoSNvar.

(5) Wjlfaro Commissioner, Madhya Pradesh.Jabalpur.

[S./22025/3/86-W-lV.]

S.O. 389,5,—In exercise of the powers conferred by sub-bection (1) of section 8 of the Cine-Workers Welfare FundAct, 1981 (33 of 1981) (hereafter mentioned as the saidAct), and in supersession of Ministry of Information andBroadcasting Notification No. 106|5]85-F(I) dated the lBlhNovember, 1985, the Central Government hereby appointsWelfare Commissioner, Nagpur with the jurisdiction of theState of Maharashtra ;ind Union Territory of Goa, Damanand Diu for the purpose ot the said Act and the Cine-WorkersWelfare Cess Act, 1981 (30 of 19R1K with immedinle effect.The Welfare Commissioner, Nagpur will also act as Headof the Department to exercise administrative and financial

powers for the implementation of welfare schemes underthe said Act and rules made thereunder in respect of hisrcsjiectivc jurisdiction.

IS. 22025/3/86-WIV]

4583

S.O. 3896.—In exercise of the powers conferred by suhsection (\) of section 8 of the Cine-Workers Welfare FundAct, 1981 (33 of 1981) (here-after mentioned as the saidAct), and in supersession of Ministry of Information andBroadcasting Notification Nos. S.O. 4963 and S.O. 4959,published in the Gazette of Indi;i, Part II, Section ?., Sub-section (ii), dated (he 26th October, 1985, t ic CentralGovernment hereby appoints Welfare Commissioner, Hydera-bad with the jurisdiction of the States of Andhia Pradesh,Tamil Nadu and Union Territory of Pondicherry for thepurpose of the sard Act and 'he Cine-Workers Welfare CessAct, 1981 (30 of 1981), wi<h immediate effect. The WelfareCorr>mi«sioner. Hyderabad will also act as Hend of theDepartment to exercise administrative and financial powers

for the implementation of welfare schemes under the saidAcl and rules made thereunder in respect of his respective

jurisdiction.rS-2202V3/86-W.IV|

S.O. 3897—In exercise of the puweis conferred by sub-section fl) of section 8 of the Cine-Workers Welfare FundAct, 1981 (33 of 1981) (hereafter mentioned as the saidAct), and in supersession of Ministry nf Information andHroadcastinjz Notification Nos. S-O. 4960 and S.O. 4962,published ..in the Gazette of India Part II, Section 3, Sub-section (ii), dated the ?6th October, 1985, the CentralGovernment hereby appoints Welfare Commissioner, Banga-lore with the jurisdiction of the States of Kerala andKnrnataka for the purpose of the Mid Act and the Cine-

Workers Welfare Cess \ct, 1981 (30 of 1981), with imme-•lmte eilccl Thr. Wclfdie Commissioner, Bangaloie willM'o art ;is> Head of the Department to exercise administrativeand financial powers for the implementation of welfare

schemes under the said Act and rules made thereunder inrespect of his respective jurisdiction,

IS-22025/3/86-W.IV]

S.O. 3898,—Tn exercise of the powers conferred by sub-section (1) of section 8 of the Cine-Worker; Welfare FundAct, 1981 (33 of 1981) (hereafter mentioned as the saidAct), and in supersession of Ministry of Information andBroadcasting Notification No S.O. 4961, published in theGazette of India, Part II, Section 3, Sub-section (ii), dated

the 26th October, 1985, the Cential Government herebyappoints Welfare Commissioner, Calcutta with 1he jurisdic*lion of the States of West Bengal, Assmn, Meghalaya, Tripura,Nagaland and Manipur for the purpose of the sai(j Act andthe Cine-Workero Welfare Cess Act. 198J (30 of 1981),with immediate efleet. 'Ihe Welfare Commissioner, Calcuttawil] also ;ict :is Hea'J of thf Department to exercise adminis-trative and financial powers for the implementation ofwelfare schemes under the said Act and rule? mnde there-under in respect of his respective jurisdiction.

fS-22025/3/Sf-W.IV]S. S. BHAJXA. Under Secy.

1'1'INTED BV 1TIE MANAGER, GOVT. OF INDIA PRh^S, JUNO ROAD, NEW DELHI-1 10064AND PUBLISHED BY THE CONTRII.IE^ OF PUBLICATIONS, DELHI-110054. ] 9 8 6