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Date: 2021-01-02 Category: Weekly State: Union Government Country: India

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Okay, I understand. Here's a policy analysis report based solely on the provided text, formatted as requested. **Report on Government Notifications Regarding Land Acquisition and Industrial Dispute Resolution** **1. Executive Summary:** This report analyzes two government notifications published in The Gazette of India on January 2, 2021. The first notification concerns the vesting of land and rights over land with Western Coalfields Limited, Nagpur, Maharashtra, following the acquisition process under the Coal Bearing Areas Acquisition and Development Act, 1957. The second notification declares the acquisition of land and rights over land for the Banhardih Coal Block in Jharkhand, also under the Coal Bearing Areas Acquisition and Development Act, 1957. Finally, the report analyzes the award of the Central Government Industrial Tribunal-cum-Labour Court, Lucknow, regarding an industrial dispute between Ms. IRCON International Ltd. and one of their former employees regarding reinstatement and back wages, finding the claim has merit but is subject to conditions relating to delay. **2. Introduction:** This report aims to provide an informative overview of the aforementioned notifications based solely on the details presented in the provided Gazette of India excerpts. The analysis focuses on the policies' objectives, key provisions, affected parties, implementation aspects, and potential outcomes, as discernible from the provided text. **3. Policy Overview:** * **Coal Bearing Areas Acquisition and Development Act Notifications:** * **Core Objective(s):** The core objectives appear to be facilitating coal mining operations by acquiring land and transferring rights to government companies for coal extraction. * **Core Objective(s):** The core objectives also appear to be resolving an industrial dispute regarding a former employee of Ms. IRCON. **4. Background and Rationale:** * **Coal Bearing Areas Acquisition and Development Act Notifications:** The policy text indicates a need to acquire land for coal mining. The notifications suggest that the government is addressing the need for land suitable for coal extraction. It also indicates the government is resolving concerns on the best way to deal with employee claims and back wages for employees affected by project closure. * **Industrial Dispute Resolution:** The text suggests that the government is addressing the resolution of labor disputes between management and employees, as mandated by the Industrial Disputes Act, 1947. **5. Key Provisions / Changes:** * **Notification 1 (Western Coalfields Limited):** * The Central Government directs that land measuring approximately 974.98 hectares (2409.17 acres) and all rights over it, previously vested in the Central Government, shall now vest in Western Coalfields Limited (WCL) with effect from August 29, 2020. * WCL is responsible for all compensation payments, interest, and damages related to the land acquisition. * WCL must bear all expenses related to the Tribunal constituted under Section 14 of the Act and all legal proceedings. * WCL cannot transfer rights in the land without prior approval from the Central Government. * WCL must abide by any directions or conditions imposed by the Central Government for specific areas of the land. * **Notification 2 (Banhardih Coal Block):** * The Central Government declares the acquisition of approximately 1042.73 hectares (2575.54 acres) of land for the Banhardih Coal Block in Latehar, Jharkhand. * The acquired land includes both revenue land (approximately 874.86 hectares) and forest land (approximately 167.87 hectares). * The notification provides a detailed schedule of the specific plots of land to be acquired in various villages (Ate, Banhardi, Bari, Barwadih, Tota, Surli, and Rampur). * The notification also describes the boundary of the acquired land. * **Award of the Central Government Industrial Tribunal-cum-Labour Court, Lucknow:** * The workman has merit to his claim, but there are issues due to an inordinate delay of more than six years, in raising the present dispute in terms of provisions contained in Section 2A 3 of the Act. * The workman also argued that the provisions of 2A 3 are not applicable in his case and has relied upon Ajaib Singh vs. Sirhind Cooperative MarketingcumProcessing Service Society Ltd. another 1999 82 FLR 137. * The judgment from Ajair Singh vs. Sirhind, in effect, is that the the Court can mould relief by refusing back wages or directing payment of part of back wages. **6. Target Audience and Stakeholders:** * **Land Acquisition Notifications:** The primary target audiences are Western Coalfields Limited, the residents and landowners in the Latehar district of Jharkhand (specifically in the villages of Ate, Banhardi, Bari, Barwadih, Tota, Surli, and Rampur), and potentially other coal mining companies. * **Industrial Dispute Resolution:** The parties directly affected by this award are Ms. IRCON International Ltd. and Shri Bipin So Shri Tapeshwari, who is the former employee. **7. Implementation Aspects (Inferred):** * **Land Acquisition Notifications:** * **Responsible Agency/Bodies:** The Ministry of Coal, the Central Government, Western Coalfields Limited, the Deputy Commissioner of Latehar, the Coal Controller, and Patratu Vidyut Utpadan Nigam Limited. * **Timelines/Procedures:**The notifications do not explicitly detail the exact procedures or timelines for compensation or land transfer beyond stating the vesting date for Western Coalfields Limited as August 29, 2020. The plan bearing number PVUNL BAN SEC 91, dated the 26th October, 2020, of the area covered by this notification may be inspected in the office of the Deputy Commissioner, District Latehar829206, Jharkhand or in the office of the Coal Controller, 1, Council House Street, Kolkata 700 001 or in the office of the DGM CMCivil, Patratu Vidyut Utpadan Nigam Limited, Patratu, District Ramgarh829119, Jharkhand or in the office of the Additional General Manager CM, Patratu Vidyut Utpadan Nigam Limited, Patratu, District Ramgarh829119, Jharkhand. * **Industrial Dispute Resolution:** * **Responsible Agency/Bodies:** The Ministry of Labour and Employment and Central Government Industrial Tribunal-cum-Labour Court, Lucknow. * **Timelines/Procedures:**The notification publishes the award and does not explicitly state any further timelines or procedures other than what is described in the final judgment. **8. Expected Outcomes / Impact of Changes:** * **Land Acquisition Notifications:** * The intended outcome is to provide Western Coalfields Limited with the necessary land rights to expand or maintain coal mining operations. The acquisition of land for the Banhardih Coal Block will similarly facilitate coal extraction in that region. This could contribute to increased coal production, energy security, and economic development in the region, but might also lead to displacement, environmental concerns, and social unrest. * **Industrial Dispute Resolution:** * The expected outcome of the resolution is justice, fairness, and legality. The ruling to award back wages but under the restriction due to delay suggests there will need to be future rulings on the actual amount. **9. Conclusion:** The notifications from the Gazette of India highlight the government's continued efforts to secure land for coal mining through acquisitions under the Coal Bearing Areas Acquisition and Development Act, 1957. The vesting of land with Western Coalfields Limited and the acquisition of land for the Banhardih Coal Block are significant steps towards facilitating coal production. The final resolution on an industrial dispute regarding back wages is a landmark. The implementation of these notifications will have substantial implications for coal mining companies, local communities, and the environment. The notifications underscore the importance of balancing economic development with social and environmental considerations.

Key Entities Referenced

Ministry of Finance: The Indian government ministry issuing a notification related to the use of official languages. Department of Revenue: A department under the Ministry of Finance involved in the notification regarding official languages. Official Languages Use for Official Purpose of the Union Rules, 1976: The set of rules being referenced in the notification, regarding the use of official languages. Office of the Commissioner of Customs : Export, New Delhi: A specific office in New Delhi that meets the criteria of having a certain number of staff with working knowledge of Hindi. KIRAN GHILDIYAL: Dy. Director OL (Official Language) who is signing the notification from MINISTRY OF FINANCE (Department of Revenue) Ministry of Coal: The Indian government ministry issuing a notification related to the acquisition and development of coal-bearing areas. Coal Bearing Areas Acquisition and Development Act, 1957: The act under which the notification for land acquisition is being issued. Western Coalfields Limited, Nagpur, Maharashtra: The Government Company in which the land will be vested. Auranga Coalfield District, Latehar, Jharkhand: The location of the Banhardih Coal Block, which is the subject of the land acquisition notification. Banhardih Coal Block: Name of the Coal Block that is subject of this notification LAID RAM SHIROMANI SAROJ: Dy. Secy. who is signing the notification from MINISTRY OF COAL Patratu Vidyut Utpadan Nigam Limited, Patratu, District Ramgarh, Jharkhand: Office of the DGM CMCivil and Additional General Manager CM, where the plan can be inspected Ministry of Labour and Employment: The Indian government ministry issuing a notification related to Industrial Tribunal Award. Industrial Disputes Act, 1947: The act related to the Industrial Tribunal Award Central Government Industrial TribunalcumLabour Court Lucknow: The authority that issued the Industrial Tribunal Award IRCON International Ltd: The company involved in the industrial dispute with its workmen. Shri Bipin So Shri Tapeshwari: The workman involved in the industrial dispute with IRCON International Ltd. P. K. SRIVASTAVA: HJS Retd. Vindhya Nagar, District Sidhi MP: Location where Shri Bipin was first appointed Anpara Project: The project of IRCON that Shri Bipin was attached to Vihya Nagar Project: Project where Shri Bipin was posted and granted a regular scale Rihand Nagar Project: Project where Shri Bipin was transferred Allahabad High Court: Court where Writ Petition No. 6522 of 1998 was filed ALC C, Allahabad: The assistant labour commissioner, where Shri Bipin approached on 21.10.2008 Lal Mohamad: One of the many employees who were terminated in similar circumstances on closure of Anpara Projects. D. GUHA: Under Secy. who is signing the notification from MINISTRY OF LABOUR AND EMPLOYMENT
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रजिस्ट्री स.ं डी.एल. (एन) 04/0007/2003—05 REGD. NO. D. L. (N) 04/0007/2003—05 सी.जी.-डी.एxलx.x-GसIाD.-H0x7x0x1 2021-224259 CG-DLx-xWxG-I0D7E0x1x2x 021-224259 प्राजिकार स ेप्रकाजित PUBLISHED BY AUTHORITY साप्त ाजिक WEEKLY स.ं 49] नई दिल्ल ी, दिसम्ब र 27, 2020—िनवरी 2, 2021, िजनवार/ पौष 6— पौष 12, 1942 No. 49] NEW DELHI, DECEMBER 27, 2020 – JANUARY 2, 2021, SATURDAY/ PAUSHA 6–PAUSHA 12, 1942 इस भाग म ेंजभन्न प्‍ष स्‍ं ा िी िाती ि जजिसस ेदक ि प ष क संकलन के प प म ेंर ा िा सके Separate Paging is given to this Part in order that it may be filed as a separate compilation भाग II— ण्ड 3—उप- ण्ड (ii) PART II—Section 3—Sub-section (ii) भारत सरकार के मत्रं ाल ों (रक्षा मत्रं ाल को छोड़कर) द्वारा िारी दकए गए साजं वजिक आििे और अजिसूचनाएं Statutory Orders and Notifications Issued by the Ministries of the Government of India (Other than the Ministry of Defence) जवत्त मत्रं ाल (रािस्ट्व जवभाग) नई दिल् ली, 24 दिसम् बर, 2020 का. आ. 1105.—केन् री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के जन म 10 के उपजन म (4) के अनुसरण में रािस्ट् व जवभाग के अिीन, सीमािुल् क आ ्‍ु त का ालल जन ालत, नई दिल् ली, जिसके 80 प्रजतित से अजिक कमलचारर ों न े जिन्ि ी का का ल सािक ञानान प्राप् त कर जल ा ि,ज को अजिसूजचत करती ि।ज [फा. सं. ई-11017/3/2017-जिन्ि ी-2 डीओआर] दकरण जघजल्ड ाल, उप जनििे क (रािभाषा) 6236 GI/2020 (3225)3226 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] MINISTRY OF FINANCE (Department of Revenue) New Delhi, the 24th December, 2020 S.O. 1105.—In pursuance of sub-rule (4) of Rule 10 of the Official Languages (Use for Official Purpose of the Union) Rules, 1976, the Central Government, hereby notifies, Office of the Commissioner of Customs : Export, New Delhi, where more than 80% staff have acquired the working knowledge of Hindi. [F. No. E-11017/3/2017-Hindi-II DOR] KIRAN GHILDIYAL, Dy. Director (OL) को ला मत्रं ाल नई दि ल् ली, 31 दिसम् बर, 2020 का.आ. 1106.—को ला िारक क्षत्रे (अिनल और जवकास) अजिजन म, 1957 (1957 का 20) (जिसे इसम ें इसके पश् चात ् उ्‍त अजिजन म किा ग ा ि)ज की िारा 9 की उप-िारा (1) के अिीन िारी भारत के रािपत्र, भाग II, ंड 3, उप- ंड (ii), तारी 29 अगस्ट्त , 2020 म ें प्रकाजित भारत सरकार के को ला मंत्राल की अजिसूचना सं्‍ ांक का. आ. 719, तारी 27 अगस्ट् त, 2020 के प्रकािन पर उ्‍त अजिसूचना स े संलग् न अनुसूची म ें वर्णतिं भूजम और ऐसी भूजम, (जिसे इसम ें इसके पश् चात् उ्‍त भूजम किा ग ा ि)ज , म ें के सभी अजिकार, उ्‍त अजिजन म की िारा 10 की उपिारा (1) के अिीन, सभी जवल् लंगमों स े मु्‍ त िोकर, आत् जं तक प प म ें केन् री सरकार म ें जनजित िो गए े; और, केन् री सरकार का ि समािान िो ग ा ि,ज दक वेस्ट् टनल कोलफील् ्स जलजमटेड, नागपुर, मिाराष्ट्र (जिसे इसम ें इसके पश् चात ् उ्‍त कंपनी किा ग ा ि)ज , ऐस े जनबंिनों और ितों का, िो केन्र ी सरकार इस जनजमत्त अजिरोजपत करना उजचत समझे, अनुपालन करन े के जलए रिामंि ि ज। अत अब, केन् री सरकार, उक्त अजिजन म की िारा 11 की उप-िारा (1) द्वारा प्रित् त िज्‍त ों का प्र ोग करते हुए, ि जनिेि िेती ि,ज दक इस प्रकार जनजित भूजम 974.98 ि्‍े ट र (लगभग) ा 2409.17 एकड़ (लगभग) माप वाली उ्‍त भूजम में ा उस पर के सभी अजिकार तारी 29 अगस्ट् त, 2020 स े केन् री सरकार म ें इस प्रकार जनजित बने रिन े के बिाए, जनम्न जलज त जनबंिनों और ितों के अिीन रिते हुए, सरकारी कंपनी म ें जनजित िो िाएंगे, अ ालत ् - (1) सरकारी कंपनी, उ्‍त अजिजन म के उपबंिों के अिीन और अन् सुसगं त जवजि के अिीन ा अविाररत प्रजतकर, ब् ाि, नुकसाजन ों आदि स े संबंजित और वजसी िी मिों की बाबत् दकए गए सभी संिा ों की प्रजतपूर्तल करेगी; (2) ितल (1) के अिीन, सरकारी कंपनी द्वारा संिे रकमों का अविारण करने के प्र ोिनों के जलए उ्‍त अजिजन म की िारा 14 के अिीन एक अजिकरण का ग न दक ा िाएगा और ऐसे दकसी अजिकरण और अजिकरण की सिा ता के जलए जन ु्‍त व् ज्‍त ों के संबंि में उपगत सभी व् सरकारी कंपनी द्वारा विन दकए िाऐंग े और इस प्रकार जनजित उ्‍त भूजम म ें ा उस पर के अजिकारों के जलए ा उनके संबंि म ें अपीलों आदि िजसी सभी जवजिक का लवाजि ों की बाबत् उपगत, सभी व् भी, सरकारी कंपनी द्वारा विन दकए िाएगं े; (3) सरकारी कंपनी, केन् री सरकार ा उसके पििारर ों की, ऐसे दकसी अन् व् के संबंि म ें क्षजतपूर्त ल करेगी, िो इस प्रकार जनजित उ्‍त भूजम म ें ा उस पर के अजिकारों के बारे म,ें केन् री सरकार ा उसके पििारर ों द्वारा ा उनके जवरुद्ध दकन् िीं का लवाजि ों के संबंि म ें आवश् क िो ;[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3227 (4) सरकारी कंपनी को केन्र ी सरकार के पूव ल अनुमोिन के जबना उ्‍त भूजम म ें इस प्रकार जनजित पूवोक्त अजिकारों को दकसी अन् व् ज्‍त को अतं ररत करन े की िज्‍त निीं िोगी ; और (5) सरकारी कंपनी, ऐसे जनिेिों और ितों का पालन करेगी, िो केन् री सरकार द्वारा, िब कभी आवश् क िो, उ्‍त भूजम के जवजि्‍ट क्षेत्रों के जलए दिए िाए ं ा अजिरोजपत दकए िाए ं । [फा. सं. 43015/07/2019-एलए एण्ड आईडी] राम जिरोमजण सरोि, उप सजचव MINISTRY OF COAL New Delhi, the 31st December, 2020 S. O. 1106.—Whereas on the publication of the notification of the Government of India in the Ministry of Coal, number S.O. 719, dated the 27th August, 2020, published in the Gazette of India, Part II, Section 3, Sub- section (ii), dated the 29th August, 2020, issued under sub-section (1) of section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), the land and all rights in or over the land described in the schedule appended to the said notification (hereinafter referred to as the said land) vested absolutely in the Central Government free from all encumbrances under sub-section (1) of section 10 of the said Act ; And whereas, the Central Government is satisfied that the Western Coalfields Limited, Nagpur, Maharashtra (hereinafter referred to as the Government Company) is willing to comply with such terms and conditions as the Central Government thinks fit to impose in this behalf ; Now, therefore, in exercise of the powers conferred by sub-section (1) of section 11 of the said Act, the Central Government hereby directs that the said land measuring 974.98 hectares (approximately) or 2409.17 acres (approximately) and all rights in or over the said land so vested shall with effect from 29th August, 2020 instead of continuing to so vest in the Central Government, shall vest in the Government Company, subject to the following terms and conditions, namely:- (1) The Government Company shall make all payments in respect of compensation, interest, damages, etc. and the like, as determined under the provisions of the said Act and other relevant law; (2) A Tribunal shall be constituted under section 14 of the said Act for the purpose of determining the amounts payable by the Government Company under condition (1) and all expenditure incurred in connection with any such Tribunal and persons appointed to assist the Tribunal shall be borne by the Government Company and similarly, all expenditure incurred in respect of all legal proceedings including appeals, etc. for or in connection with the rights in or over the said lands, so vested, shall also be borne by the Government Company. (3) The Government Company shall indemnify the Central Government or its officials against any other expenditure that may be necessary in connection with any proceedings by or against the Central Government or its officials regarding the rights in or over the said land so vested. (4) The Government Company shall have no power to transfer the aforesaid rights in the said lands so vested, to any other persons without the prior approval of the Central Government; and (5) The Government Company shall abide by such directions and conditions as may be given or imposed by the Central Government for particular areas of the said lands, as and when necessary. [F. No. 43015/07/2019-LA&ID] RAM SHIROMANI SAROJ, Dy. Secy.3228 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] ubZ fnYyh] 31 fnlEcj] 2020 .—dsUnzh; ljdkj us dks;yk /kkjd {ks= ¼vtZu vkjS fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½] ¼ftls bleas blds Ik'pkr~ mDr vf/kfu;e dgk x;k gS½ dh /kkjk 7 dh mi&/kkjk ¼1½ ds v/khu tkjh dh xbZ Hkkjr ljdkj ds dk;s yk e=a ky; dh vf/klwpuk la[;kad dk-vk- 1817] rkjh[k 10 vDrwcj] 2019 rFkk tk s Hkkjr ljdkj ds jkti=] Hkkx II, [kaM 3] mi&[kMa ¼ii½] rkjh[k 12 vDrwcj] 2019 eas izdkf'kr dh xbZ Fkh vkSj rRi”pkr+ dk-vk- la[;kda 592] rkjh[k 30 tqykbZ] 2020 }kjk la'kkfs/kr dh x;h Fkh] ml vf/klwpuk ls layXu vuqlwph eas fofufnZ’V ifj{ks= dh 1042-73 gDs Vs;j ¼yxHkx½ ;k 2575-54 ,dM+ ¼yxHkx½ Hkwfe vkSj ,slh Hkfwe es a ;k ml ij ds lHkh vf/kdkjks a dk vtZu djus ds fy, vius vk'k; dh lwpuk nh Fkh ( vkSj] l{ke izkf/kdkjh us mDr vf/kfu;e dh /kkjk 8 ds vuqlj.k es a dsUnzh; ljdkj dk s viuh fjiksVZ ns nh gS ( vkSj] dsUnzh; ljdkj dh] iwoksZDr fjikVs Z ij fopkj djus ds Ik'pkr~ vkjS >kj[k.M ljdkj ls ijkEk'kZ djus ds i”pkr~~ ;g lek/kku gks x;k gS fd blls layXu vuqlwph eas of.kZr 1042-73 gsDVs;j ¼yxHkx½ ;k 2575-54 ,dM+ ¼yxHkx½ eki okyh Hkwfe vftZr dh tkuh pkfg, ( vr%] vc] mDr vf/kfu;e dh /kkjk 9 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfDr;ks a dk iz;ksx djrs gq, ;g ?kk’s k.kk djrh gS fd vuqlwph eas ;Fkkof.kZr 1042-73 gDs Vs;j ¼yxHkx½ ;k 2575-54 ,dM+ ¼yxHkx½ eki okyh Hkwfe vkSj ,slh Hkfwe eaas ;k ml ij ds lHkh vf/kdkj vftZr fd;s tkrs gS A bl vf/klwpuk ds vUrxZr vkus okys lEiw.kZ {k=s ds js[kkda la[;k ihoh;w,u,y@ ch,,u@,lbZlh&9¼1½] rkjh[k 26 vDrwcj] 2020 dk fujh{k.k mik;qDr] ftyk ykrsgkj&829206] >kj[k.M ds dk;kZy; esa ;k dks;yk fu;a=d] 1 dkmafly gkml LVªhV dkys dkrk 700001 ds dk;kZy; es a ;k mi&egkizcU/kd ¼lh,e&flfoy ½] irjkrq fo/kqr mRiknu fuxe fyfeVsM] irjkrq] ftyk jkex<+&829119] >kj[k.M ;k vij egkizcU/kd ¼lh,e½] irjkrq fo|qr mRiknu fuxe fyfeVsM] irjkrq] ftyk&jkex<+&829119] >kj[k.M ds dk;kZy; eas fd;k tk ldrk gS A cugjnh dks;yk CykWd vkSjaxk dkys QhYM ftyk ykrsgkj] >kj[k.M+ [js[kkda la[;k ihoh;w,u,y@ch,,u@,lbZlh&9¼1½] rkjh[k 26 vDrwcj] 2020] Ø-l-a xzke Fkkuk ftyk Fkkuk dqy {ks=Qy ¼yxHkx½ fVIif.k;k a la[;k gDs Vs;j ,dM+ 1- ,Vs pna ok ykrsgkj 254 84-48 208-66 Hkkx 2- cugjnh pna ok ykrsgkj 249 199-07 491-70 Hkkx 3- ckjh pna ok ykrsgkj 251 573-43 1416-36 Hkkx 4- cjokMhg pna ok ykrsgkj 255 4-04 9-99 Hkkx 5- jkeijq pna ok ykrsgkj 252 3-83 9-45 Hkkx 6- lqjyh pna ok ykrsgkj 250 9-35 23-09 Hkkx 7- VkVs k pna ok ykrsgkj 256 0-66 1-64 Hkkx dqy {ks= % 874-86 2160-89[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3229 Ø-l-a xzke Fkkuk ftyk Fkkuk dqy {ks=Qy ¼yxHkx½ fVIif.k;k a la[;k gDs Vs;j ,dM+ 1- ,Vs pna ok ykrsgkj 254 1-18 2-91 Hkkx 2- ckjh pna ok ykrsgkj 251 152-34 376-27 Hkkx 3- lqjyh pna ok ykrsgkj 250 8-43 20-81 Hkkx 4- VkVs k pna ok ykrsgkj 256 5-94 14-66 Hkkx dqy {ks= % 167-87 414-65 ¼d½ dqy jktLo Hkfwe % 874-86 gsDVs;j ¼yxHkx½ ¾ 2160-89 ,dM+ ¼yxHkx½ ¼[k½ dqy ou Hkfwe % 167-87 gDs Vs;j ¼yxHkx½ ¾ 414-65 ,dM + ¼yxHkx½ 1. 1] 2] 3] 4] 5] 6] 7] 8] 9] 10] 11] 12] 13] 14] 15] 16] 17] 18] 19] 20] 21] 22] 23] 24] 25] 26] 27] 28] 29] 30] 31] 32] 33] 34] 35] 36] 37] 38] 39] 40] 41] 42] 43] 44] 45] 46] 47] 48] 49] 50] 51] 52] 53] 54] 55] 56] 57] 58] 59] 60¼Hkkx½] 61¼Hkkx½] 62] 63] 64] 65] 66] 67] 68] 69] 70] 71] 72] 73] 74] 75] 76] 77] 78] 79] 80] 81] 82] 83] 84] 85] 86] 87] 88] 89] 90] 91] 92] 93] 94] 95] 96] 97] 98] 99] 100] 101] 102] 103] 104] 105] 106] 107] 108] 109] 110] 111] 112] 113] 114] 115] 116] 117] 118] 119] 120] 121] 122] 123] 124] 125] 126] 127] 128] 129] 130] 131] 132] 133] 134] 135] 136] 137] 138] 139] 140] 141] 142] 143] 144] 145] 146] 147] 148] 149] 150] 151] 152] 153] 154] 155] 156] 157] 158] 159] 160¼Hkkx½] 161] 162] 163] 164¼Hkkx½] 165] 166] 167¼Hkkx½] 168¼Hkkx½] 169¼Hkkx½] 171¼Hkkx½] 176¼Hkkx½] 177¼Hkkx½] 178] 179¼Hkkx½] 180] 181] 182¼Hkkx½] 183] 184] 185] 186] 187] 188] 189] 190] 191] 192¼Hkkx½] 193] 194¼Hkkx½] 201¼Hkkx½] 202¼Hkkx½] 203] 204¼Hkkx½] 205] 206¼Hkkx½] 207¼Hkkx½] 208] 209] 210] 211] 212] 213] 214] 215] 216] 217] 218] 219] 220] 221] 222] 223] 224] 225] 226] 227] 228] 229] 230] 231] 232] 233] 234] 235] 236] 237] 238] 239] 240] 241] 242¼Hkkx½] 243] 244] 245] 246] 247] 248¼Hkkx½] 249] 250¼Hkkx½] 251¼Hkkx½] 254¼Hkkx½] 255¼Hkkx½] 256¼Hkkx½] 273¼Hkkx½] 275¼Hkkx½] 276¼Hkkx½] 385¼Hkkx½] 1087] 1095] 1099] 1100] 1101] 1110] 1111] 1112 2. 348¼Hkkx½] 349¼Hkkx½] 350¼Hkkx½] 351¼Hkkx½] 352] 353] 354] 355] 356] 357] 358] 359] 360¼Hkkx½] 380¼Hkkx½] 381¼Hkkx½] 382¼Hkkx½] 383] 384] 385¼Hkkx½] 386¼Hkkx½] 396¼Hkkx½] 605¼Hkkx½] 606] 607] 608] 609] 610] 611] 612] 613] 614] 615] 616] 617] 618] 619] 620] 621] 622] 623] 624¼Hkkx½] 628¼Hkkx½] 629] 630¼Hkkx½] 631¼Hkkx½] 632¼Hkkx½] 669¼Hkkx½] 670] 671] 672] 673] 674] 675] 676] 677] 678] 679] 680] 681] 682] 683] 684] 685¼Hkkx½] 686] 687] 688] 689¼Hkkx½] 690] 691] 692] 693] 694] 695] 696] 697] 698] 699] 700] 701] 702] 703¼Hkkx½] 704¼Hkkx½] 705¼Hkkx½] 708¼Hkkx½] 709¼Hkkx½] 710] 711] 712] 713] 714] 715¼Hkkx½] 716] 717] 718] 719¼Hkkx½] 724¼Hkkx½] 731¼Hkkx½] 732¼Hkkx½] 734¼Hkkx½] 735¼Hkkx½] 736] 737] 738¼Hkkx½] 739¼Hkkx½] 740] 741] 742] 743] 744] 745] 746] 747] 748] 749] 750] 751] 752] 753] 754] 755] 756] 757] 758] 759] 760] 761] 762] 763] 764] 765] 766] 767] 768] 769] 770] 771] 772] 773] 774] 775] 776] 777] 778] 779] 780] 781] 782] 783] 784]3230 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 785] 786] 787] 788] 789] 790] 791] 792] 793] 794] 795] 796] 797] 798] 799] 800] 801¼Hkkx½] 802] 803] 804] 805] 806] 807] 808] 809] 810] 811] 812] 813] 814] 815] 816] 817] 818] 819] 820] 821] 822] 823] 824] 825] 826] 827] 828] 829] 830] 831] 832] 833] 834] 835] 836] 837] 838] 839] 840] 841] 842] 843] 844] 845] 846] 847] 848] 849] 850] 851] 852] 853] 854] 855] 856] 857] 858] 859] 860] 861] 862] 863] 864] 865] 866] 867] 868] 869] 870] 871] 872] 873] 874] 875] 876] 877] 878] 879] 880] 881] 882] 883] 884] 885] 886] 887] 888] 889] 890] 891] 892] 893] 894] 895] 896] 897] 898] 899] 900] 901] 902] 903] 904] 905] 906] 907] 908] 909] 910] 911] 912] 913] 914] 915] 916] 917] 918] 919] 920] 921] 922] 923] 924] 925] 926] 927] 928] 929] 930] 931] 932] 933] 934] 935] 936] 937] 938] 939] 940] 941] 942] 943] 944] 945] 946] 947] 948] 949] 950] 951] 952] 953] 954] 955] 956] 957] 958] 959] 960] 961] 962] 963] 964] 965] 966] 967] 968] 969] 970] 971] 972] 973] 974] 975] 976] 977] 978] 979] 980] 981] 982] 983] 984] 985] 986] 987] 988¼Hkkx½] 989¼Hkkx½] 990¼Hkkx½] 991¼Hkkx½] 992] 993] 994¼Hkkx½] 995¼Hkkx½] 996] 997] 998¼Hkkx½] 999¼Hkkx½] 1000] 1001] 1002] 1003¼Hkkx½] 1005¼Hkkx½] 1006] 1007] 1008] 1009] 1010] 1011] 1012] 1013] 1014] 1015] 1016] 1017] 1018] 1019] 1020] 1021] 1022] 1023] 1024] 1025] 1026] 1027] 1028] 1029] 1030] 1031] 1032] 1033] 1034] 1035] 1036] 1037] 1038¼Hkkx½] 1129¼Hkkx½] 1130¼Hkkx½] 1131¼Hkkx½] 1132] 1133] 1134] 1135] 1136] 1137] 1138] 1139] 1140] 1141] 1142] 1143] 1144] 1145] 1146] 1147¼Hkkx½] 1148] 1149] 1150] 1151] 1152¼Hkkx½] 1153¼Hkkx½] 1154¼Hkkx½] 1156¼Hkkx½] 1157¼Hkkx½] 1158¼Hkkx½] 1161¼Hkkx½] 1191¼Hkkx½] 1192¼Hkkx½] 1193¼Hkkx½] 1194] 1195] 1196] 1197¼Hkkx½] 1198] 1199] 1200] 1201] 1202] 1203] 1204] 1205] 1206] 1207] 1208] 1209] 1210] 1211] 1212] 1213] 1214] 1215] 1216] 1217] 1218] 1219] 1220] 1221] 1222] 1223] 1224] 1225] 1226] 1227] 1228] 1229] 1230] 1231] 1232] 1233] 1234] 1235] 1236] 1237] 1238] 1239] 1240] 1241] 1242] 1243] 1244] 1245] 1246] 1247] 1248] 1249] 1250] 1251] 1252] 1253] 1254] 1255] 1256] 1257] 1258] 1259] 1260] 1261] 1262] 1263] 1264] 1265] 1266] 1267] 1268] 1269] 1270] 1271] 1272] 1273] 1274] 1275] 1276] 1277] 1278] 1279] 1280] 1281] 1282] 1283] 1284] 1285] 1286] 1287] 1288] 1289] 1290] 1291] 1292] 1293] 1294] 1295] 1296] 1297] 1298] 1299] 1300] 1301] 1302] 1303] 1304] 1305] 1306] 1307] 1308] 1309] 1310] 1311] 1312] 1313] 1314] 1315] 1316] 1317] 1318] 1319] 1320] 1321] 1322] 1323] 1324] 1325] 1326] 1327] 1328] 1329] 1330] 1331] 1332] 1333] 1334] 1335] 1336] 1337] 1338] 1339] 1340] 1341] 1342] 1343] 1344] 1345] 1346] 1347] 1348] 1349] 1350] 1351] 1352] 1353] 1354] 1355] 1356] 1357] 1358] 1359] 1360] 1361] 1362] 1363] 1364] 1365] 1366] 1367] 1368] 1369] 1370] 1371] 1372] 1373] 1374] 1375] 1376] 1377] 1378] 1379] 1380] 1381] 1382] 1383] 1384] 1385] 1386] 1387] 1388] 1389] 1390] 1391] 1392] 1393] 1394] 1395] 1396] 1397] 1398] 1399] 1400] 1401] 1402] 1403] 1404] 1405] 1406] 1407] 1408] 1409] 1410] 1411] 1412] 1413] 1414] 1415] 1416] 1417] 1418] 1419] 1420] 1421] 1422] 1423] 1424] 1425] 1426] 1427] 1428] 1429] 1430] 1431] 1432] 1433] 1434] 1435] 1436] 1437] 1438] 1439] 1440] 1441] 1442] 1443] 1444] 1445] 1446] 1447] 1448] 1449] 1450] 1451] 1452] 1453] 1454] 1455] 1456] 1457] 1458] 1459] 1460] 1461] 1462] 1463] 1464] 1465] 1466] 1467] 1468] 1469] 1470¼Hkkx½] 1471] 1472¼Hkkx½] 1473¼Hkkx½] 1542¼Hkkx½] 1543¼Hkkx½] 1555¼Hkkx½] 1556¼Hkkx½] 1557¼Hkkx½] 1558¼Hkkx½] 1563¼Hkkx½] 1566¼Hkkx½] 1567¼Hkkx½] 1568¼Hkkx½] 1569] 1570] 1571] 1572] 1573] 1574] 1575] 1576] 1577] 1578] 1579] 1580] 1581] 1582] 1583] 1584] 1585] 1586] 1587] 1588] 1589] 1590] 1591] 1592] 1593¼Hkkx½] 1594¼Hkkx½] 1599¼Hkkx½] 1638¼Hkkx½] 1643¼Hkkx½] 1647¼Hkkx½] 1648¼Hkkx½] 1649] 1650] 1651] 1652] 1653] 1654] 1655] 1656] 1657] 1658] 1659] 1660¼Hkkx½] 1663¼Hkkx½] 1664] 1665] 1666] 1667] 1668] 1669] 1670¼Hkkx½] 1671] 1672¼Hkkx½] 1673] 1674] 1675] 1676] 1677¼Hkkx½] 1678¼Hkkx½] 1685¼Hkkx½] 1686] 1687¼Hkkx½] 1689] 1695¼Hkkx½ 1696¼Hkkx½] 1698¼Hkkx½] 1699] 1700] 1701] 1702] 1703] 1704] 1705] 1706] 1707] 1708] 1709] 1710] 1711] 1712] 1713] 1714] 1715] 1716] 1717] 1718] 1719] 1720] 1721] 1722] 1723] 1724] 1725] 1726] 1727] 1728] 1729] 1730] 1731][भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3231 1732] 1733] 1734] 1735] 1736] 1737] 1738] 1739] 1740] 1741] 1742] 1743] 1744] 1745] 1746] 1747] 1748] 1749] 1750] 1751] 1752] 1753] 1754] 1755] 1756] 1757] 1758] 1759] 1760] 1761] 1762] 1763] 1764] 1765] 1766] 1767] 1768] 1769] 1770] 1771] 1772] 1773] 1774] 1775] 1776] 1777] 1778] 1779] 1780] 1781] 1782] 1783] 1784] 1785] 1786] 1787] 1788] 1789] 1790] 1791] 1792] 1793] 1794] 1795] 1796] 1797] 1798] 1799] 1800] 1801] 1802] 1803] 1804] 1805] 1806] 1807] 1808] 1809] 1810] 1811] 1812] 1813] 1814] 1815] 1816] 1817] 1818] 1819] 1820] 1821] 1822] 1823] 1824] 1825] 1826] 1827] 1828] 1829] 1830] 1831] 1832] 1833] 1834] 1835] 1836] 1837] 1838] 1839] 1840] 1841] 1842] 1843] 1844] 1845] 1846] 1847] 1848] 1849] 1850] 1851] 1852] 1853] 1854] 1855] 1856] 1857] 1858] 1859] 1860] 1861] 1862] 1863] 1864] 1865] 1866] 1867] 1868] 1869] 1870] 1871] 1872] 1873] 1874] 1875] 1876] 1877] 1878] 1879] 1880] 1881] 1882] 1883] 1884] 1885] 1886] 1887] 1888] 1889] 1890] 1891] 1892] 1893] 1894] 1895] 1896] 1897] 1898] 1899] 1900] 1901] 1902] 1903] 1904] 1905] 1906] 1907] 1908] 1909] 1910] 1911] 1912] 1913] 1914] 1915] 1916] 1917] 1918] 1919] 1920] 1921] 1922] 1923] 1924] 1925] 1926] 1927] 1928] 1929] 1930] 1931] 1932] 1933] 1934] 1935] 1936] 1937] 1938] 1939] 1940] 1941] 1942] 1943] 1944] 1945] 1946] 1947] 1948] 1949] 1950] 1951] 1952] 1953] 1954] 1955] 1956] 1957] 1958] 1959] 1960] 1961] 1962] 1963] 1964] 1965] 1966] 1967] 1968] 1969] 1970] 1971] 1972] 1973] 1974] 1975] 1976] 1977] 1978] 1979] 1980] 1981] 1982] 1983] 1984] 1985] 1986] 1987] 1988] 1989] 1990] 1991] 1992] 1993] 1994] 1995] 1996] 1997] 1998] 1999] 2000] 2001] 2002] 2003] 2004] 2005] 2006] 2007] 2008] 2009] 2010] 2011] 2012] 2013] 2014] 2015] 2016] 2017] 2018] 2019] 2020] 2021] 2022] 2023] 2024] 2025] 2026] 2027] 2028] 2029] 2030] 2031] 2032] 2033] 2034] 2035] 2036] 2037] 2038] 2039] 2040] 2041] 2042] 2043] 2044] 2045] 2046] 2047] 2049] 2050] 2051] 2052] 2053] 2054] 2056] 2057] 2058¼Hkkx½] 2059¼Hkkx½] 2060] 2061] 2062] 2063] 2064] 2065] 2066] 2067] 2068] 2069] 2070] 2071] 2072] 2073] 2074] 2075] 2076] 2077] 2078] 2079] 2080] 2081] 2082¼Hkkx½] 2083] 2084] 2085] 2086] 2087- 3. 8¼Hkkx½] 9¼Hkkx½] 10¼Hkkx½] 11¼Hkkx½] 12¼Hkkx½]14¼Hkkx½] 15] 16] 17] 18] 19] 20] 21] 22] 23] 24] 25] 26¼Hkkx½] 27] 28¼Hkkx½] 29¼Hkkx½] 31¼Hkkx½] 32¼Hkkx½] 33] 34] 35] 36] 37] 38] 39] 40] 41] 42] 43] 44] 45] 46] 47] 48] 49] 50] 51] 52] 53] 54] 55] 56] 57] 58] 59] 60] 61] 62] 63] 64] 65] 66] 67] 68] 69] 70] 71] 72] 74] 75] 76] 77] 78] 79] 80] 81] 82] 83] 84] 85] 86] 87] 88] 89] 90] 91] 92] 93] 94] 95] 96] 97] 98] 99] 100] 101] 102] 103] 104] 105] 106] 107] 108] 109] 110] 111] 112] 113] 114] 115] 116] 117] 118] 119] 120] 121] 122] 123] 124] 125] 126] 127] 128] 129] 130] 131] 132] 133] 134] 135] 136] 137] 138] 139] 140] 141¼Hkkx½] 143] 144] 145] 146] 147] 148] 149] 150] 151] 152] 153] 154] 155] 156] 157] 158] 159] 160] 161] 162] 163] 164] 165] 166] 167] 168] 169] 170] 171] 173¼Hkkx½] 174] 175] 176] 177] 178] 179] 180] 181] 182] 183] 184] 185] 186] 187] 188] 189] 190] 191] 192] 193] 194] 196¼Hkkx½] 197¼Hkkx½] 198¼Hkkx½] 199] 200] 201] 202] 203¼Hkkx½] 204¼Hkkx½] 205¼Hkkx½] 206¼Hkkx½] 208¼Hkkx½] 210¼Hkkx½] 211¼Hkkx½] 212] 213] 214] 215] 216] 217] 218] 219] 220] 221] 222] 223] 224¼Hkkx½] 225] 226] 227] 228] 229] 230] 231] 232] 233] 234] 235] 236] 237] 238] 239] 240] 241] 242¼Hkkx½] 243¼Hkkx½] 244] 245] 246¼Hkkx½] 247¼Hkkx½] 248] 249] 250] 251] 252] 253] 254] 255] 256] 257] 258] 259] 260] 261] 262] 263] 264] 265] 266] 267] 268] 269] 270] 271] 272] 273] 274] 275] 276] 277] 278] 279] 280] 281] 282] 283] 284] 285] 286] 287] 288] 289] 290] 291] 292] 293] 294] 295] 296] 297] 298] 299] 300] 301] 302] 303] 304] 305] 306] 307] 308] 309] 310] 311] 312] 313]3232 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 314] 315] 316] 317] 318] 319] 320] 321] 322] 323] 324] 325] 326] 327] 328] 329] 330] 331] 332] 333] 334] 335] 336] 337] 338] 339] 340] 341] 342] 343] 344] 345] 346] 347] 348] 349] 350] 351] 352] 353] 354] 355] 356] 357] 358] 359] 360] 361] 362] 363] 364] 365] 366] 367] 368] 369] 370] 371] 372] 373] 374] 375] 376] 377] 378] 379] 380] 381] 382] 383] 384] 385] 386] 387] 388] 389] 390] 391] 392] 393] 394] 395] 396] 397] 398] 399] 400] 401] 402] 403] 404] 405] 406] 407] 408] 409] 410] 411] 412] 413] 414] 415] 416] 417] 418] 419] 420] 421] 422] 423] 424] 425] 426] 427] 428] 429] 430] 431] 432] 433] 434] 435] 436] 437] 438] 439] 440] 441] 442] 443] 444] 445] 446] 447] 448] 449] 450] 451] 452] 453] 454] 455] 456] 457] 458] 459] 460] 461] 462] 463] 464] 465] 466] 467] 468] 469] 470] 471] 472] 473] 474] 475] 476] 477] 479¼Hkkx½] 480¼Hkkx½] 481] 482] 483] 484] 485] 486] 487] 488] 489] 490] 491] 492] 493] 497] 498] 499] 500] 501] 502] 503] 504] 505] 506] 507] 508] 509] 510] 511] 512] 513] 514] 515] 516] 517] 518] 519] 520] 521] 522] 523] 524] 525] 526] 527] 528] 529] 530] 531] 532] 533] 534] 535] 536] 537] 538] 539] 540] 541] 542] 543] 544] 545] 546] 547] 548] 549] 550] 551] 552] 553] 554] 555] 556] 557] 558] 559] 560] 561] 562] 563] 564] 565] 566] 567] 568] 569] 570] 571] 572] 573] 574] 575] 576] 577] 578] 579] 580] 581] 582] 583] 584] 585] 586] 587] 588] 589] 590] 591] 592] 593] 594] 595] 596] 597] 598] 599] 600] 601] 602] 603] 604] 605] 606] 607] 608] 609] 610] 611] 612] 613] 614] 615] 616] 617] 618] 619] 620] 621] 622] 623] 624] 625] 626] 627] 628] 629] 630] 631] 632] 633] 634] 635] 636] 637] 638] 639] 640] 641] 642] 643] 644] 645] 646] 647] 648] 649] 650] 651] 652] 653] 654] 655] 656] 657] 658] 659] 660] 661] 662] 663] 664] 665] 666] 667] 668] 669] 670] 671] 672] 673] 674] 675] 676] 677] 678] 679] 680] 681] 682] 683] 684] 685] 686] 687] 688] 689] 690] 691] 692] 693] 694] 695] 696] 697] 698] 699] 700] 701] 702] 703] 704] 705] 706] 707] 708] 709] 710] 711] 712] 713] 714] 715] 716] 717] 718] 719] 720] 721] 722] 723] 724] 725] 726] 727] 728] 729] 730] 731] 732] 733] 734] 735] 736] 737] 738] 739] 740] 741] 742] 743] 744] 745] 746] 747] 748] 749] 750] 751] 752] 753] 754] 755] 756] 757] 758] 759] 760] 761] 762] 763] 764] 765] 766] 767] 768] 769] 770] 771] 772] 773] 774] 775] 776] 777] 778] 779] 780] 781] 782] 783] 784] 785] 786] 787] 788] 789] 790] 791] 792] 793] 794] 795] 796] 797] 798] 799] 800] 801] 802] 803] 804] 805] 806] 807] 808] 809] 810] 811] 812] 813] 814] 815] 816] 817] 818] 819] 820] 821] 822] 823] 824] 825] 826] 827] 828] 829] 830] 831] 832] 833] 834] 835] 836] 837] 838] 839] 840] 841] 842] 843] 844] 845] 846] 847] 848] 849] 850] 851] 852] 853] 854] 855] 856] 857] 858] 859] 860] 861] 862] 863] 864] 865] 866] 867] 868] 869] 870] 871] 872] 873] 874] 875] 876] 877] 878] 879] 880] 881] 882] 883] 884] 885] 886] 887] 888] 889] 890] 891] 892] 893] 894] 895] 896] 897] 898] 899] 900] 901] 902] 903] 904] 905] 906] 907] 908] 909] 910] 911] 912] 913] 914] 915] 916] 917] 918] 919] 920] 921] 922] 923] 924] 925] 926] 927] 928] 929] 930] 931] 932] 933] 934] 935] 936] 937] 938] 939] 940] 941] 942] 943] 944] 945] 946] 947] 948] 949] 950] 951] 952] 953] 954] 955] 956] 957] 958] 959] 960] 961] 962] 963] 964] 965] 966] 967] 968] 969] 970] 971] 972] 973] 974] 975] 976] 977] 978] 979] 980] 981] 982] 983] 984] 985] 986] 987] 988] 989] 990] 991] 992] 993] 994] 995] 996] 997] 998] 999] 1000] 1001] 1002] 1003] 1004] 1005] 1006] 1007] 1008] 1009] 1010] 1011] 1012] 1013] 1014] 1015] 1016¼Hkkx½] 1017] 1018] 1019] 1020] 1021] 1022] 1023] 1024] 1025] 1026] 1027] 1028] 1029] 1030] 1031] 1032] 1033] 1034] 1035] 1036] 1037] 1038] 1039] 1040] 1041] 1042] 1043] 1044] 1045] 1046] 1047] 1048] 1049] 1050] 1051] 1052] 1053] 1054] 1055] 1056] 1057] 1058] 1059] 1060] 1061] 1062] 1063] 1064] 1065] 1066¼Hkkx½] 1067¼Hkkx½] 1070¼Hkkx½] 1090¼Hkkx½] 1091¼Hkkx½] 1092¼Hkkx½] 1093¼Hkkx½] 1094] 1095] 1096] 1097] 1098] 1099] 1100¼Hkkx½] 1101] 1102¼Hkkx½] 1103¼Hkkx½] 1104¼Hkkx½] 1105] 1106] 1107] 1108] 1109] 1110] 1111] 1112] 1113] 1114] 1115] 1116] 1117] 1118] 1119] 1120] 1121] 1122] 1123] 1124] 1125] 1126] 1127] 1128] 1129] 1130] 1131] 1132] 1133][भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3233 1134] 1135] 1136] 1137] 1138] 1139] 1140] 1141] 1142] 1143] 1144] 1145] 1146] 1147] 1148] 1149] 1150] 1151] 1152] 1153] 1154] 1155] 1156] 1157] 1158] 1159] 1160] 1161] 1162] 1163] 1164] 1165] 1166] 1167] 1168] 1169] 1170] 1171] 1172] 1173] 1174] 1175] 1176] 1177] 1178] 1179] 1180] 1181] 1182] 1183] 1184] 1185] 1186] 1187] 1188] 1189] 1190] 1191] 1192] 1193] 1194] 1195] 1196] 1197] 1198] 1199] 1200] 1201] 1202] 1203] 1204] 1205] 1206] 1207] 1208] 1209] 1210] 1211] 1212] 1213] 1214] 1215] 1216] 1217] 1218] 1219] 1220] 1221] 1222] 1223] 1224] 1225] 1226] 1227] 1228] 1229] 1230] 1231] 1232] 1233] 1234] 1235] 1236] 1237] 1238] 1239] 1240] 1241] 1242] 1243] 1244] 1246] 1247] 1248] 1249] 1250] 1251] 1252] 1253] 1254] 1255] 1256] 1257] 1258] 1259] 1260] 1261] 1262] 1263] 1264] 1265] 1266] 1267] 1268] 1269] 1270] 1271] 1272] 1273] 1274] 1275] 1276] 1277] 1278] 1279] 1280] 1281] 1282] 1283] 1284] 1285] 1286] 1287] 1288] 1289] 1290] 1291] 1292] 1293] 1294] 1295] 1296] 1297] 1298] 1299] 1300] 1301] 1302] 1303] 1304] 1305] 1306] 1307] 1308] 1309] 1310] 1311] 1312] 1313] 1314] 1315] 1316] 1317] 1318] 1319] 1320] 1321] 1322] 1323] 1324] 1325] 1326] 1327] 1328] 1329] 1330] 1331] 1332] 1333] 1334] 1335] 1336] 1337] 1338] 1339] 1340] 1341] 1342] 1343] 1344] 1345] 1346] 1347] 1348] 1349] 1350] 1351] 1352] 1353] 1354] 1355] 1356] 1357] 1358] 1359] 1360] 1361] 1362] 1363] 1364] 1365] 1366] 1367] 1368] 1369] 1370] 1371] 1372] 1373] 1374] 1375] 1376] 1377] 1378] 1379] 1380] 1381] 1382] 1383] 1384] 1385] 1386] 1387] 1388] 1389] 1390] 1391] 1392] 1393] 1394] 1395] 1396] 1397] 1398] 1399] 1400] 1401] 1402] 1403] 1404] 1405] 1406] 1407] 1408] 1409] 1410] 1411] 1412] 1413] 1414] 1415] 1416] 1417] 1418] 1419] 1420] 1421] 1422] 1423] 1424] 1425] 1426] 1427] 1428] 1429] 1430] 1431] 1432] 1433] 1434] 1435] 1436] 1437] 1438] 1439] 1440] 1441] 1442] 1443] 1444] 1445] 1446] 1447] 1448] 1449] 1450] 1451] 1452] 1453] 1454] 1455] 1456] 1457] 1458] 1459] 1460] 1461] 1462] 1463] 1464] 1465] 1466] 1467] 1468] 1469] 1470] 1471] 1472] 1473] 1474] 1475] 1476] 1477] 1478] 1479] 1480] 1481¼Hkkx½] 1482] 1483] 1484] 1485] 1486] 1487] 1488] 1489] 1490] 1491] 1492¼Hkkx½] 1493] 1494¼Hkkx½] 1511¼Hkkx½] 1512¼Hkkx½] 1513¼Hkkx½] 1514¼Hkkx½] 1515] 1516] 1517] 1518] 1519¼Hkkx½] 1520] 1521] 1522] 1523] 1524] 1525] 1526] 1527] 1528] 1529] 1530] 1531] 1532] 1533] 1534] 1535] 1536] 1537] 1538] 1539] 1540] 1541] 1542] 1543] 1544] 1545] 1546] 1547] 1548] 1549] 1550] 1551] 1552] 1553] 1554] 1555] 1556] 1557] 1558] 1559] 1560] 1561] 1562] 1563] 1564] 1565] 1566] 1567] 1568] 1569] 1570] 1571] 1572] 1573] 1574] 1575] 1576] 1577] 1578] 1579] 1580] 1581] 1582] 1583] 1584] 1585] 1586] 1587] 1588] 1589] 1590] 1591] 1592] 1593] 1594] 1595] 1596] 1597] 1598] 1599] 1600] 1601] 1602] 1603] 1604] 1605] 1606] 1607] 1608] 1609] 1610] 1611] 1612] 1613] 1614] 1615] 1616] 1617] 1618] 1619] 1620] 1621] 1622] 1623] 1624] 1625] 1626] 1627] 1628] 1629] 1630] 1631] 1632] 1633] 1634] 1635] 1636] 1637] 1638] 1639] 1640] 1641] 1642] 1643] 1644] 1645] 1646] 1647] 1648] 1649] 1650] 1651] 1652] 1653] 1654] 1655] 1656] 1657] 1658] 1659] 1660] 1661] 1662] 1663] 1664] 1665] 1666] 1667] 1668] 1669] 1670] 1671] 1672] 1673] 1674] 1675] 1676] 1677] 1678] 1679] 1680] 1681] 1682] 1683] 1684] 1685] 1686] 1687] 1688] 1689] 1690] 1691] 1692] 1693] 1694] 1695] 1696] 1697] 1698] 1699] 1700] 1701] 1702] 1703] 1704] 1705] 1706] 1707] 1708] 1709] 1710] 1711] 1712] 1713] 1714] 1715] 1716] 1717] 1718] 1719] 1720] 1721] 1722] 1723] 1724] 1725] 1726] 1727] 1728] 1729] 1730] 1731] 1732] 1733] 1734] 1735] 1736] 1737] 1738] 1739] 1740] 1741] 1742] 1743] 1744] 1745] 1746] 1747] 1748] 1749] 1750] 1751] 1752] 1753] 1754] 1755] 1756] 1757] 1758] 1759] 1760] 1761] 1762] 1763] 1764] 1765] 1766] 1767] 1768] 1769] 1770] 1771] 1772] 1773] 1774] 1775] 1776] 1777] 1778] 1779] 1780] 1781] 1782] 1783] 1784] 1785] 1786] 1787¼Hkkx½] 1788¼Hkkx½] 1789¼Hkkx½] 1790¼Hkkx½] 1794¼Hkkx½] 1826¼Hkkx½] 1827] 1828] 1829¼Hkkx½] 1830] 1831] 1832] 1833] 1834] 1835] 1836] 1837] 1838] 1839] 1840] 1841] 1842] 1843] 1844] 1845¼Hkkx½] 1846¼Hkkx½] 1848¼Hkkx½] 1850¼Hkkx½] 1851] 1852] 1853] 1854] 1855] 1856] 1857]3234 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 1858] 1859] 1860] 1861] 1862] 1863] 1864] 1865] 1866] 1867] 1868] 1869] 1870] 1871] 1872] 1873] 1874] 1875] 1876] 1877] 1878] 1879] 1880] 1881] 1882] 1883] 1884] 1885] 1886] 1887] 1888] 1889] 1890] 1891] 1892] 1893] 1894] 1895] 1896] 1897] 1898] 1899] 1900] 1901] 1902] 1903] 1904] 1905] 1906] 1907] 1908] 1909] 1910¼Hkkx½] 1911] 1912] 1913] 1914] 1915] 1916¼Hkkx½] 1917¼Hkkx½] 1930¼Hkkx½] 1937¼Hkkx½] 1938] 1939] 1940] 1941¼Hkkx½] 1942¼Hkkx½] 1950¼Hkkx½] 1952] 1953] 1954] 1955] 1956] 1957] 1958] 1959] 1960] 1961] 1962¼Hkkx½] 1964¼Hkkx½] 1971¼Hkkx½] 1987¼Hkkx½] 1988¼Hkkx½] 1989¼Hkkx½] 1990] 1991] 1992] 1993] 1994] 1995] 1996] 1997] 1998] 1999] 2000] 2001] 2002] 2003] 2004] 2005] 2006] 2007] 2008] 2009] 2010¼Hkkx½] 2011¼Hkkx½] 2012¼Hkkx½] 2013¼Hkkx½] 2014] 2015] 2016] 2017] 2018] 2019] 2020] 2021] 2022] 2023] 2024] 2025] 2026] 2027] 2028] 2029] 2030] 2031] 2032] 2033] 2034] 2035] 2036] 2037] 2038] 2039] 2040] 2041] 2042] 2043] 2044] 2045] 2046] 2047] 2048] 2049] 2050] 2051] 2052] 2053] 2054] 2055¼Hkkx½] 2057¼Hkkx½] 2058¼Hkkx½] 2059] 2060¼Hkkx½] 2061¼Hkkx½] 2066¼Hkkx½] 2067] 2068¼Hkkx½] 2069¼Hkkx½] 2070¼Hkkx½] 2071] 2072] 2073¼Hkkx½] 2074¼Hkkx½] 2075¼Hkkx½] 2078] 2079¼Hkkx½] 2080¼Hkkx½] 2101¼Hkkx½] 2155¼Hkkx½] 2156¼Hkkx½] 2157¼Hkkx½] 2158¼Hkkx½] 2159¼Hkkx½] 2160¼Hkkx½] 2161¼Hkkx½] 2162] 2163] 2164] 2165] 2166] 2167] 2168] 2169] 2170] 2171] 2172] 2173] 2174¼Hkkx½] 2177¼Hkkx½] 2797¼Hkkx½] 2798] 2799¼Hkkx½] 2800] 2803] 2805] 2806] 2807] 2809¼Hkkx½ 2811] 2813] 2815] 2816] 2817] 2818] 2819] 2820] 2821] 2822] 2823] 2824] 2825] 2826] 2827] 2828] 2829] 2830] 2831¼Hkkx½] 2833] 2835] 2836- 4. 1]¼Hkkx½] 2] 3¼Hkkx½] 4¼Hkkx½] 5¼Hkkx½] 6¼Hkkx½] 7] 8¼Hkkx½] 9] 10] 11] 12] 13¼Hkkx½] 14¼Hkkx½] 15¼Hkkx½] 35¼Hkkx½] 39¼Hkkx½] 145¼Hkkx½] 146] 147¼Hkkx½] 148] 149¼Hkkx½] 180¼Hkkx½] 181¼Hkkx½] 182¼Hkkx½] 183] 184¼Hkkx½] 185] 186] 187] 188¼Hkkx½] 509¼Hkkx½- 5. 1] 3] 4] 5] 6¼Hkkx½] 7¼Hkkx½] 9 ¼Hkkx½] 10¼Hkkx½] 11¼Hkkx½] 12¼Hkkx½] 69¼Hkkx½- 918¼Hkkx½] 919¼Hkkx½] 920] 921¼Hkkx½] 925¼Hkkx½] 928¼Hkkx½] 932¼Hkkx½] 933¼Hkkx½] 934] 935] 936] 937] 938] 939] 940] 941] 942] 943] 944¼Hkkx½] 945] 946] 947] 948] 949] 950] 951] 952] 953] 954] 955¼Hkkx½] 956] 957] 958¼Hkkx½] 960¼Hkkx½] 964¼Hkkx½] 965¼Hkkx½] 970¼Hkkx½] 971] 972¼Hkkx½] 973¼Hkkx½] 977¼Hkkx½] 978¼Hkkx½] 998¼Hkkx½] 999] 1000] 1001] 1002] 1003¼Hkkx½] 1006¼Hkkx½] 1007] 1008] 1009¼Hkkx½] 1011¼Hkkx½] 1042¼Hkkx½] 1594- 1] 2] 3] 4] 5] 6] 8] 9] 12] 13] 16¼Hkkx½] 19] 20] 24] 26] 27] 29] 30] 31¼Hkkx½] 34¼Hkkx½] 115¼Hkkx½] 116¼Hkkx½] 117¼Hkkx½] 118] 119] 120¼Hkkx½] 121] 122] 123] 124] 125] 128¼Hkkx½] 129] 130] 131] 132¼Hkkx½] 135] 136] 140] 141] 142¼Hkkx½] 143] 144] 145¼Hkkx½] 165¼Hkkx½] 166¼Hkkx½] 168] 169] 170] 171] 172¼Hkkx½] 173¼Hkkx½] 174¼Hkkx½] 176¼Hkkx½] 177] 178¼Hkkx½] 179¼Hkkx½] 203¼Hkkx½] 444¼Hkkx½] 447¼Hkkx½] 621¼Hkkx½- 1- xzke + ,Vs % 24- 2-xzke ckjh % 1303] 62] 9] 6¼Hkkx½] 5¼Hkkx½] 4¼Hkkx½] 1281] 1283] 35] 187] 91] 116] 93] 114] 1310¼Hkkx½] 771¼Hkkx½-[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3235 3-xzke lqjyh % 296¼Hkkx½] 305- 4-xzke VkVs k % 2 ¼Hkkx½] 144¼Hkkx½- js[kk%&d&d1&[k&[k1&[k2&[k3&[k4&[k5&[k6&[k7&x% js[kk xzke cugjnh ¼Fkkuk pna ok½ esa IykV la[;k 732 ea s fcna q *d^ ls vkjEHk gksrs gq, mÙkj iwoZ fn”kk eas IykV la[;k 732 esa fcna q *d1^ rd gAaS blds i”pkr~ ;g js[kk iwoZ fn”kk eas c<+rh gq, ^d1* ls fcna q ^[k* rd cugjnh ds IykV la[;k 719] 685] 1563] 1648] 1687 ls xqtjrs gq, igq¡prh gS A blds i”pkr~ ;g js[kk nf{k.k iwoZ fn”kk eas fcna q ^[k* ls c<+rh gq, xzke lqjyh ds ou Hkfwe IykV la[;k 16] 31] ls xqtjrh gq, xkze lqjyh esa fcna q [k1 esa IykV la[;k 120 rd ga Sa A blds i”pkr~ ;g js[kk fcna q [k1 ls nf{k.k iwoZ fn”kk esa xzke lqjyh ds IykV la[;k 120 vkSj 128 ls gksrs gq, fcna q [k2 xzke lqjyh ds IykV la[;k 128 rd igq¡prh gSA blds i”pkr~ ;g js[kk fcna q [k2 ls xzke lqjyh IykV la[;k 115] 166] 172] 447 vkSj xzke ckjh IykV la[;k 1016] 1066 ls xqtjrh gq, nf{k.k iwoZ fn”kk esa xzke ckjh ds IykV la[;k 1066 es a fcna q [k3 rd igq¡prh gSA blds i”pkr~ ;g js[kk fcna q [k3 ls nf{k.k iwoZ fn”kk c<+rs gq, xzke ckjh ds IykV la[;k 1093] 1100] 1103] 1104 ls xqtjrh gq, xzke ckjh ds IykV la[;k 1788] esa fcna q [k4 rd igq¡prh gS A bld s i”pkr~ ;g js[kk fcanq [k4 ls nf{k.k iwoZ fn”kk esa c<+rs gq, xzke ckjh ds IykV la[;k 1789] 1787] 1826] 1845 ls xqtjrh gq, xzke ckjh ds IykV la[;k 1848 eas fcna q [k5 rd igq¡prh gS A blds i”pkr~ ;g js[kk fcna q [k5 ls xzke ckjh IykV la[;k 1916] 1910] 1950] 1962 ls xqtjr s gq, nf{k.k iwoZ fn”kk esa xzke ckjh ds IykV la[;k 1964] ea s fcna [k6 rd igq¡prh gSA blds i”pkr~ ;g js[kk fcanq [k6 l s xzke ckjh ds IykV la[;k 1987] 1988 vkjS xzke jkeiqj ds IykV la[;k 918] 919] 928 ls xqtjrh gq, nf{k.k iwoZ fn”kk esa xzke jkeiqj IykV la[;k 944 ea s fcanq [k7 rd igq¡prh gS A blds i”pkr~ ;g js[kk nf{k.k iwoZ fn”kk esa c<+rh gq, xzke jkeiqj ds IykV la[;k 972] 955] 1009 ls xqtjrh gq, xzke jkeijq ds IykV la[;k 1011 ea s fcanq ^[k* rd igq¡prh gSA js[kk%& x&x1&x2&x3&x4&x5&?k% js[kk xzke jkeiqj ds IykV la[;k 1011 esa fcna q ^x* l s nf{k.k fn”kk e as c<r+ s gq, xzke ckjh ds IykV la[;k 2010 esa fcna q x1 rd igq¡prh gS A blds i”pkr~ ;g js[kk fcna q x1 nf{k.k if”pe fn”kk esa c<+rs gq, xzke ckjh IykV la[;k 2012] 2075] 2074 ls xqtjrs gq, xzke ckjh ds IykV la[;k 2080 ea s fcanq x2 rd igq¡prh gS A blds i”pkr~ ;g js[kk fcna q x2 ls nf{k.k if”pe fn”kk esa c<+rs gq, xzke ckjh ds IykV la[;k 2080] 2073 ls xtq jrh gq, xzke ckjh ds IykV la[;k 2073 fcna q x3 rd igq¡prh gS A blds i”pkr~ ;g js[kk nf{k.k if”pe fn”kk esa c<+rh gq, xzke ckjh ds IykV la[;k 2060] 2058] 2156] 2159] 2174] 1514] 1492 vkSj xzke ,Vs ds IykV la[;k 385] 273] 275] 206] 201 ls xtq jrh gq, xzke ,Vs ds IykV la[;k 192] ea s fcna q x4 rd igq¡prh gS A blds i”pkr~ ;g js[kk fcna q x4 nf{k.k if”pe fn”kk esa c<+rh g,q xzke ,Vs ds IykV la[;k 194] 179] 164] 1106 vkSj xzke cjokMhg ds IykV la[;k 509]149]145]39 ls xqtjrh gq, xzke cjokMhg ds IykV la[;k 14 ea s fcna q x5 rd igq¡prh gS A blds i”pkr~ ;g js[kk fcna q x5 if”pe fn”kk esa c<+rh gq, xzke cjokMhg ds IykV la[;k 15] 6] 3 vkjS xzke VksVk ds IykV la[;k 12] 11] 7 ls xqtjrh gq, xzke VkVs k ds ou Hkfwe IykV la[;k 6] ea s fcanq ^?k* rd igq¡prh g S A js[kk%&?k&?k1&?k2&?k3&?k4&?k5&?k6&?k7&?k8&?k9&?k10&?k11&?k12&?k13&?k14&³% js[kk xzke VkVs k ds ou Hkwfe IykV la[;k 6 ea s fcna q^?k* ls mÙkj if”pe fn”kk ea s c<+rh gq, blh IykV eas fcna q ^?k1* rd3236 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] igq¡prh gS A blds i”pkr~ ;g js[kk esa ukyk ds fdukjs gksrs gq, xzke VkVs k esa IykV la[;k 69 esa fcanq ?k2 vkjS ] ?k3 vkjS xzke ckjh IykV la[;k 204 ea s fcna q ?k4] ?k5] ?k6] ?k7] ?k8] ?k9] ?k10] ?k11] ?k12] vkSj ?k13 ls] vkSj xzke ckjh ou Hkfwe IykV la[;k 8 esa fcna q ?k14 gksrs gq, xzke ckjh ds ou Hkfwe IykV la[;k 8 ea s fcanq ^³* rd igq¡prh gSA js[kk%&³&d% js[kk xzke ckjh ds ou Hkfwe IykV la[;k 8 ea s fcna q ^³* ls mÙkj fn”kk esa c<+rs gq, xzke ckjh ds IykV la[;k 8] 9] 10] 12 eas taxy ls gksrs gq, xzke ckjh ds IykV la[;k 11] 26] 29] 31 vkSj xzke cugjnh IykV la[;k 1193] 1131] 1005 ]991] 350] 386] 735 ls xqtjrs gq, xzke cugjnh ds IykV la[;k 732 ea s fcanq ^d* ij lekIr gksrh gS A [Qk- l-a 43015@40@2017&,y, ,.M vkbZMh] jke f’kjksef.k ljkts ] mi lfpo New Delhi, the 31st December, 2020 S. O. 1107.—Whereas by the notification of the Government of India in the Ministry of Coal number S.O. 1817, dated the 10th October, 2019, issued under sub-section (1) of section 7 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), (hereinafter referred to as the said Act) and published in the Gazette of India, Part II, Section 3, Sub-section (ii), dated the 12th October, 2019 and subsequently amended vide number S.O. 592, dated the 30th July, 2020, the Central Government gave notice of its intention to acquire the lands measuring 1042.73 hectares (approximately) or 2575.54 acres (approximately) and all rights in or over such lands specified in the Schedule appended to that notification; And whereas, the competent authority in pursuance of section 8 of the said Act has made his report to the Central Government; And whereas, the Central Government after considering the report aforesaid and after consulting the Government of Jharkhand is satisfied that the lands measuring 1042.73 hectares (approximately) or 2575.54 acres (approximately) and all rights in or over such lands as described in Schedule appended hereto should be acquired. Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9 of the said Act, the Central Government hereby declares that the land measuring 1042.73 hectares (approximately) or 2575.54 acres (approximately) and all rights in or over such lands as described in Schedule are hereby acquired. The plan bearing number PVUNL/ BAN/ SEC- 9(1), dated the 26th October, 2020 of the area covered by this notification may be inspected in the office of the Deputy Commissioner, District Latehar-829206, Jharkhand or in the office of the Coal Controller, 1, Council House Street, Kolkata - 700 001 or in the office of the DGM (CM-Civil), Patratu Vidyut Utpadan Nigam Limited, Patratu, District Ramgarh-829119, Jharkhand or in the office of the Additional General Manager (CM), Patratu Vidyut Utpadan Nigam Limited, Patratu, District Ramgarh-829119, Jharkhand. SCHEDULE Banhardih Coal Block Auranga Coalfield District - Latehar, Jharkhand [ Plan bearing number PVUNL/ BAN/ SEC- 9(1), dated the 26th October, 2020 ] ALL RIGHTS : (A) REVENUE LAND: Sl. Village Thana District Thana Total area Remarks No. number (approximately) hectares acres 1. Ate Chandwa Latehar 254 84.48 208.66 Part 2. Banhardi Chandwa Latehar 249 199.07 491.70 Part 3. Bari Chandwa Latehar 251 573.43 1416.36 Part[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3237 4. Barwadih Chandwa Latehar 255 4.04 9.99 Part 5. Rampur Chandwa Latehar 252 3.83 9.45 Part 6. Surli Chandwa Latehar 250 9.35 23.09 Part 7. Tota Chandwa Latehar 256 0.66 1.64 Part Total Area: 874.86 2160.89 (B) FOREST LAND: Sl. Village Thana District Thana Total area (approximately) Remarks No. number hectares acres 1 Ate Chandwa Latehar 254 1.18 2.91 Part 2 Bari Chandwa Latehar 251 152.34 376.27 Part 3 Surli Chandwa Latehar 250 8.43 20.81 Part 4 Tota Chandwa Latehar 256 5.94 14.66 Part Total Area : 167.87 414.65 SUMMARY: (A)Total Revenue Land : 874.86 hectares (approximately)=2160.89 acres (approximately) (B)Total Forest Land : 167.87 hectares (approximately) =414.65 acres (approximately) (C )Grand Total (A+B) :1042.73 hectares (approximately) =2575.54 acres (approximately) LIST OF REVENUE PLOTES TO BE ACQUIRED : 1. Village - ATE: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60(Part), 61(Part), 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160(Part), 161, 162, 163, 164(Part), 165, 166, 167(Part), 168(Part), 169(Part), 171(Part), 176(Part), 177(Part), 178, 179(Part), 180, 181, 182(Part), 183, 184, 185, 186, 187, 188, 189, 190, 191, 192(Part), 193, 194(Part), 201(Part), 202(Part), 203, 204(Part), 205, 206(Part), 207(Part), 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242(Part), 243, 244, 245, 246, 247, 248(Part), 249, 250(Part), 251(Part), 254(Part), 255(Part), 256(Part), 273(Part), 275(Part), 276(Part), 385(Part), 1087, 1095, 1099, 1100, 1101,1110, 1111, 1112. 2. Village–BANHARDI: 348(Part), 349(Part), 350(Part), 351(Part), 352, 353, 354, 355, 356, 357, 358, 359, 360(Part), 380(Part), 381(Part), 382(Part), 383, 384, 385(Part), 386(Part), 396(Part), 605(Part), 606, 607, 608, 609, 610, 611, 612,613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624(Part), 628(Part), 629, 630(Part), 631(Part), 632(Part), 669(Part), 670, 671, 672, 673,674, 675, 676, 677,678, 679,680,681,682,683, 684, 685(Part), 686, 687, 688, 689(Part), 690, 691, 692, 693, 694, 695, 696, 697,698, 699, 700, 701, 702, 703(part),704(Part), 705(Part), 708(Part), 709(Part), 710, 711, 712, 713, 714, 715(Part), 716, 717, 718,719(Part), 724(Part), 731(Part), 732(Part), 734(Part), 735(Part), 736, 737, 738(Part), 739(Part), 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757,758,759, 760, 761, 762,763,764,765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776,777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801(Part), 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849,3238 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871 ,872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939,940,941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952,953, 954, 955,956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971,972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 987, 988(Part), 989(Part), 990(Part), 991(Part), 992, 993, 994(Part), 995(Part), 996, 997, 998(Part), 999(Part), 1000, 1001, 1002, 1003(Part), 1005(Part),1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038(Part), 1129(Part), 1130(Part), 1131(Part), 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147(Part), 1148, 1149, 1150, 1151, 1152(Part), 1153(Part), 1154(Part), 1156(Part), 1157(Part), 1158(Part), 1161(Part), 1191(Part), 1192(Part), 1193(Part), 1194, 1195, 1196, 1197(Part), 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323 ,1324, 1325, 1326, 1327, 1328 ,1329 ,1330, 1331, 1332, 1333, 1334, 1335 ,1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414 ,1415, 1416 ,1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431, 1432, 1433, 1434, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467, 1468, 1469, 1470(Part), 1471, 1472(Part), 1473(Part), 1542(Part), 1543(Part), 1555(Part), 1556(Part), 1557(Part), 1558(Part), 1563(Part), 1566(Part), 1567(Part), 1568(Part), 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586 ,1587, 1588, 1589, 1590, 1591, 1592, 1593(Part), 1594(Part), 1599(Part), 1638(Part), 1643(Part), 1647(Part), 1648(Part), 1649, 1650, 1651, 1652, 1653 ,1654, 1655, 1656, 1657, 1658, 1659, 1660(Part), 1663(Part), 1664, 1665, 1666, 1667, 1668), 1669, 1670(Part), 1671, 1672(Part), 1673, 1674, 1675, 1676, 1677(Part), 1678(Part), 1685(Part), 1686, 1687(Part), 1689, 1695(Part), 1696(Part), 1698(Part), 1699, 1700, 1701, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725 ,1726 ,1727 ,1728 ,1729, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738, 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, 1748, 1749, 1750, 1751, 1752, 1753, 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1761, 1762, 1763, 1764, 1765, 1766, 1767, 1768, 1769, 1770, 1771, 1772, 1773, 1774, 1775, 1776, 1777, 1778, 1779, 1780, 1781, 1782, 1783, 1784, 1785, 1786, 1787, 1788, 1789, 1790, 1791, 1792, 1793, 1794, 1795, 1796, 1797, 1798, 1799, 1800, 1801, 1802, 1803, 1804, 1805, 1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813, 1814, 1815, 1816, 1817, 1818, 1819, 1820, 1821, 1822, 1823, 1824, 1825, 1826, 1827, 1828, 1829, 1830, 1831, 1832, 1833, 1834, 1835, 1836, 1837, 1838, 1839, 1840, 1841, 1842, 1843, 1844, 1845, 1846, 1847, 1848, 1849, 1850, 1851, 1852, 1853, 1854, 1855, 1856, 1857, 1858, 1859, 1860, 1861, 1862, 1863, 1864, 1865, 1866, 1867, 1868, 1869, 1870, 1871, 1872, 1873, 1874, 1875, 1876, 1877, 1878, 1879, 1880, 1881, 1882, 1883, 1884, 1885, 1886, 1887, 1888, 1889, 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1897, 1898, 1899, 1900, 1901, 1902, 1903, 1904, 1905, 1906, 1907, 1908, 1909, 1910, 1911, 1912, 1913, 1914, 1915, 1916, 1917, 1918, 1919, 1920, 1921, 1922, 1923, 1924, 1925, 1926, 1927, 1928, 1929, 1930, 1931, 1932, 1933, 1934, 1935, 1936, 1937, 1938, 1939, 1940, 1941, 1942, 1943, 1944, 1945, 1946, 1947, 1948, 1949, 1950, 1951, 1952, 1953, 1954, 1955, 1956, 1957, 1958, 1959, 1960, 1961, 1962, 1963, 1964, 1965, 1966, 1967, 1968, 1969, 1970, 1971, 1972, 1973, 1974, 1975, 1976, 1977, 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003,[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3239 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2049, 2050, 2051, 2052, 2053, 2054, 2056, 2057, 2058(Part), 2059(Part), 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082(Part), 2083, 2084, 2085, 2086, 2087. 3. Village – BARI: 8(Part), 9(Part), 10(Part), 11(part), 12(Part),14(Part), 15, 16, 17,18, 19, 20, 21, 22, 23, 24, 25, 26(Part), 27, 28(Part), 29(Part), 31(Part), 32(Part), 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70,71, 72, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 ,84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141(part), 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 173(part), 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 196(part), 197(part), 198(part), 199, 200, 201, 202, 203(part), 204(part), 205(part), 206(part), 208(part), 210(part), 211(part), 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224(part), 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242(part), 243(part), 244, 245, 246(part), 247(part), 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400,401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411,412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431 ,432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 479(part), 480(part), 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600,601 ,602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810,811, 812, 813, 814, 815, 816, 817, 818, 819, 820,821, 822, 823, 824, 825, 826, 827,828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951,3240 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994, 995, 996, 997, 998, 999, 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016(Part), 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066(Part), 1067(part), 1070(part), 1090(Part) ,1091(Part), 1092(Part), 1093(Part), 1094, 1095, 1096, 1097, 1098, 1099, 1100(Part), 1101, 1102(Part), 1103(Part), 1104(Part), 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431, 1432, 1433, 1434, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1474, 1475, 1476, 1477, 1478, 1479, 1480, 1481(Part), 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492(Part), 1493, 1494(Part), 1511(Part), 1512(Part), 1513(Part), 1514(Part), 1515, 1516, 1517, 1518, 1519(Part), 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555, 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566, 1567, 1568, 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1589,1590, 1591, 1592, 1593, 1594, 1595, 1596, 1597, 1598, 1599, 1600, 1601, 1602, 1603, 1604, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623, 1624, 1625, 1626, 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1634, 1635, 1636, 1637, 1638, 1639, 1640, 1641, 1642, 1643, 1644, 1645, 1646, 1647, 1648, 1649, 1650, 1651, 1652, 1653, 1654, 1655, 1656, 1657, 1658, 1659, 1660, 1661, 1662, 1663, 1664, 1665, 1666, 1667, 1668, 1669, 1670, 1671, 1672, 1673, 1674, 1675, 1676, 1677, 1678, 1679, 1680, 1681, 1682, 1683, 1684, 1685, 1686, 1687, 1688, 1689, 1690, 1691, 1692, 1693, 1694, 1695, 1696, 1697, 1698, 1699, 1700, 1701, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, 1729, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738, 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, 1748, 1749, 1750, 1751, 1752, 1753, 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1761, 1762, 1763, 1764, 1765, 1766, 1767, 1768, 1769, 1770, 1771, 1772, 1773, 1774, 1775, 1776, 1777, 1778, 1779, 1780, 1781, 1782, 1783, 1784, 1785, 1786, 1787(part), 1788(Part), 1789(part), 1790(part), 1794(Part), 1826(part), 1827, 1828, 1829(part), 1830, 1831, 1832, 1833, 1834, 1835, 1836, 1837, 1838, 1839, 1840, 1841, 1842, 1843, 1844, 1845(part), 1846(Part), 1848(part), 1850(Part), 1851, 1852, 1853, 1854, 1855, 1856, 1857, 1858, 1859, 1860, 1861, 1862, 1863, 1864, 1865, 1866, 1867, 1868, 1869, 1870, 1871, 1872, 1873, 1874, 1875, 1876, 1877, 1878, 1879, 1880, 1881, 1882, 1883, 1884, 1885, 1886, 1887, 1888, 1889, 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1897, 1898, 1899, 1900, 1901, 1902, 1903, 1904, 1905, 1906, 1907, 1908, 1909, 1910(part), 1911, 1912, 1913, 1914, 1915, 1916(Part),[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3241 1917(Part), 1930(Part), 1937(part), 1938, 1939, 1940, 1941(Part), 1942(Part), 1950(Part), 1952, 1953, 1954, 1955, 1956, 1957, 1958, 1959, 1960, 1961, 1962(Part), 1964(Part), 1971(Part), 1987(part), 1988(Part), 1989(Part), 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010(Part), 2011(Part), 2012(Part), 2013(Part), 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055(Part), 2057(Part), 2058(Part), 2059, 2060(Part), 2061(Part), 2066(Part), 2067, 2068(Part), 2069(Part), 2070(Part), 2071, 2072, 2073(Part), 2074(Part), 2075(Part), 2078, 2079(Part), 2080(Part), 2101(part), 2155(Part), 2156(Part), 2157(Part), 2158(Part), 2159(Part), 2160(Part), 2161(Part), 2162, 2163, 2164, 2165, 2166, 2167, 2168, 2169, 2170, 2171, 2172, 2173, 2174(Part), 2177(Part), 2797(part), 2798, 2799(Part), 2800, 2803, 2805, 2806, 2807, 2809(Part), 2811, 2813, 2815, 2816, 2817, 2818, 2819, 2820, 2821, 2822, 2823, 2824, 2825, 2826, 2827, 2828, 2829, 2830, 2831(Part), 2833, 2835, 2836. 4. Village –BARWADIH: 1(Part ), 2, 3(Part), 4(Part), 5(Part), 6(Part), 7, 8(Part), 9, 10, 11, 12, 13(Part), 14(Part), 15(Part), 35(Part), 39(Part), 145(Part), 146, 147(Part), 148, 149(Part), 180(Part), 181(Part), 182(Part), 183, 184(Part), 185, 186, 187, 188(Part) ,509(Part). 5. Village –TOTA: 1, 3, 4, 5, 6(Part), 7(Part), 9 (Part), 10(Part), 11(Part), 12(Part), 69(Part). 6. Village - RAMPUR: 918(Part), 919(Part), 920, 921(Part), 925(Part), 928(Part), 932(Part), 933(Part), 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944(Part), 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955(Part), 956, 957, 958(Part), 960(Part), 964(Part), 965(Part), 970(Part), 971, 972(Part), 973(Part), 977(Part), 978(Part), 998(Part), 999, 1000, 1001, 1002, 1003(Part), 1006(Part), 1007, 1008, 1009(Part), 1011(Part), 1042(Part), 1594. 7. Village - SURLI: 1, 2, 3, 6, 4, 5, 8, 9, 12, 13, 16(Part), 19, 20, 24, 26, 27, 29, 30, 31(Part), 34(Part), 115(Part), 116(Part), 117(Part), 118, 119, 120(Part), 121, 122, 123, 124, 125, 128(Part), 129, 130, 131, 132(Part), 135, 136, 140, 141, 142(Part), 143, 144, 145(Part), 165(Part), 166(Part), 168, 169, 170, 171, 172(Part), 173(Part), 174(Part), 176(Part), 177, 178(Part), 179(Part), 203(Part), 444(Part), 447(Part), 621(Part). List of Forest Cadastral Survey Plot numbers to be acquired: 1. Village Ate : 24. 2. Village Bari : 1303, 62, 9, 6 (Part), 5 (Part), 4 (Part), 1281, 1283, 35, 187, 91, 116, 93, 114, 1310 (Part), 71 (Part). 3. Village Surli : 296 (Part), 305. 4. Village Tota : 2 (Part), 144(Part). Boundary description: Line A – A1 – B – B1 - B2 – B3 – B4 – B5 – B6 – B7 – C : The line starts from point ‘A’ inside the plot no.732 of Banhardi village (Thana Chandwa ) moves in North-east direction to point A1 inside plot no.732 of Banhardi village. Line moves in East direction from point A1 to point B through plot nos.719, 685, 1563, 1648, 1687 in Banhardi village. Further line moves to Southeast direction from Point B to B1 in Plot no.120 of Surli village3242 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] through Plot nos. 16, 31 in forest land of Surli village. From point B1 line moves in Southeast direction to point B2 in plot no.128 of Surli village through plot no.128 in Surli village. From point B2 line moves in Southeast direction to point B3 in Plot no.1066 in Bari village through Plot nos.115, 166, 172, 447 in Surli village and through Plot nos.1016, 1066 in Bari village. Line moves further in Southeast direction from point B3 to point B4 in Plot no.1788 in Bari village through Plot nos.1093, 1100, 1103, 1104 in Bari village. Further block boundary line moves in Southeast direction form point B4 to point B5 in Plot no.1848 in Bari village through Plot nos.1789, 1787, 1826, 1845 in Bari village. Further line moves in Southeast direction from point B5 to point B6 in Plot no.1964 in Bari village through Plot nos. 1916, 1910, 1950, 1962 in village Bari. Further line moves in Southeast direction through Plot nos. 1987, 1988 in Bari village and Plot nos. 918, 919, 928, in Rampur village form point B6 to point B7 in Plot no.944 in Rampur village. Line moves in Southeast direction from point B7 to point C in Plot no.1011 in Rampur village, through Plot nos. 972, 955, 1009 in Rampur village. Line C- C1- C2 – C3 – C4 – C5 – D :The line moves in South direction from point C in Plot no.1011 in Rampur village to point C1 in Plot no.2010 in Bari village. Further line moves in Southwest direction from point C1 to point C2 in Plot no.2080 in Bari village through Plot nos.2012, 2075, 2074 in Bari village. Line moves in Southwest direction from point C2 to C3 in Plot no.2073 in Bari village through plot nos.2080, 2073 in Bari village. Further line continue to move in Southwest direction from point C3 to point C4 in Plot no.192 in Ate village through Plot nos. 2060, 2058, 2156, 2159, 2174, 1514, 1492 in Bari village and Plot nos. 385, 273, 275, 206, 201 in Ate village. Further line moves in Southwest direction from point C4 to point C5 in Plot no.14 in Barwadih village through Plot nos.194, 179, 164, 1106 in Ate village and Plot nos.509, 149, 145, 39 in Barwadih village. From point C5 line further moves in West direction to point D in Plot no.6 in forest land of Tota village through Plot nos.15, 6, 3 in Barwadih village and Plot nos. 12, 11, 7 in Tota village. Line D – D1 – D2 –D3 –D4 –D5 –D6 –D7 –D8 –D9 –D10 –D11 –D12 -D13 -D14 –E : Line moves in Northwest direction from point D to point D1 in Plot no.6 in forest land of Tota village. Further line moves along the Nala in Tota village Plot no.69 through point D2, & D3 and through point D4, D5, D6, D7, D8, D9, D10, D11, D12, and D13 in Plot no. 204 in Bari village and through point D14 in Plot no.8 in forest land of Bari village to point E in Plot no.8 in forest land of Bari village. Line E-A : The Line moves in North direction from point E in Plot no.8 in forest land of Bari village to end at point A in Plot no.732 in Banhardi village through Plot nos. 8,9, 10, 12 in forest land of Bari village and Plot nos. 11, 26, 29, 31 in Bari village and Plot nos. 1193, 1131, 1005, 991, 350, 386, 735 in Banhardi village. [F. No. 43015/40/2017-LA&ID] RAM SHIROMANI SAROJ, Dy. Secy. ubZ fnYyh] 16 fnlEcj] 2020 का.आ .—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vulq j.k eas dsUnzh; ljdkj ,e ,l bZjdku bZuVjus'kuy fy a izca/krra z ds lac) fu;kstdksa vkSj muds deZdkjks a ds chp vuqca/k eas fufnZ’V vkS|ksfxd fookn eas dsUnzh; ljdkj vkS|ksfxd vf/kdj.k] y[kuÅ ds iapkV ¼lanHkZ la[;k 23@2009½ dks izdkf'kr djrh gS] tk s dsUnzh; ljdkj dks 16-12-2020 dk s izkIr gqvk FkkA [la- ,y-41012@08@2009-vkbZ vkj ¼ch-1½] Mh- xqgk] voj lfpo[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3243 MINISTRY OF LABOUR AND EMPLOYMENT New Delhi, the 16th December, 2020 S.O. 1108.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 23/2009) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Lucknow as shown in the Annexure, in the industrial dispute between the management of M/s. IRCON International Ltd . and their workmen, received by the Central Government on 16.12.2020. [No. L-41012/08/2009-IR(B-1)] D. GUHA, Under Secy. ANNEXURE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL–CUM-LABOUR COURT LUCKNOW PRESENT : P. K. SRIVASTAVA HJS (Retd.) I.D. No. 23/2009 Ref. No. L-41012/08/2009-IR(B-I) dated: 25.06.2009 BETWEEN : Shri Bipin S/o Shri Tapeshwari Shivaji Nagar Petrol Pump Baliya Nala Shakti Nagar, Sonebhadra (UP) AND The Managing Director M/s. IRCON International Ltd. C 4, District Centre, Saket New Delhi – 110017 AWARD 1. By order No. L-41012/08/2009-IR(B-I) dated: 25.06.2009 the Central Government in the Ministry of Labour, New Delhi in exercise of powers conferred by clause (d) of sub section (1) and sub section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) referred this industrial dispute between Shri Bipin S/o Shri Tapeshwari, Shivaji Nagar Petrol Pump Baliya Nala, Shakti Nagar, Sonebhadra (UP) and the Managing Director, M/s IRCON, International Ltd., C 4, District Centre, Saket, New Delhi for adjudication to this CGIT- cum-Labour Court, Lucknow. 2. The reference under adjudication is: “WHETHER THE DEMAND OF SHRI BIPIN S/O SHRI TAPESHWARI, EX-EMPLOYEE OF IRCON INTERNATIONAL LTD. FOR REINSTATEMENT WITH FULL BACK WAGES, IS JUST, FAIR AND LEGAL? IF YES, TO WHAT RELIEF HE IS ENTITLED TO?” 3. The case of the workman, in brief, is that the workman, had initially been appointed as peon on 19.04.1984 after completing all formalities, on casual basis on daily rate for a period of six months by the Project Manager, Vindhya Nagar, District Sidhi (MP); however, his appointment was extended from time to time and was grated scale of payment @ Rs. 196/- plus dearness allowance vide order dated 09.05.1985. he workman has submitted that he was attached to the Anpara Project of the management; moreover, he was treated as permanent employee and was given regular scale by the Project Manager, Vidhya Nagar vide order dated 28.04.1989. The workman has also stated that he had been transferred form Vihya Nagar Project to Rihand Nagar Project vide order dated 28.12.1993. It is stated by the workman that he had been served upon a notice dated 04.02.1998; whereby his services were dispensed due to closure of the Project and accordingly, his services had been terminated in wake of notice dated 04.02.1998; without following statutory provisions of Section 25 N of the Industrial Disputes Act. The workman has pleaded that the opposite party has ongoing projects all over the country therefore, he could have adjusted in some other Project; but the management did not do so though promised in the notice dated 04.02.1998. Therefore, the workman has prayed that his termination notice dated 04.02.1998 be set aside and he be reinstated with consequential benefits, including continuity in services and back wages etc. 3. The management of the IRCON has filed its written statement; wherein it has disputed the claim of the workman with submission that the present reference order is highly belated one and is barred by the provisions contained in the Section 2A (3) of the Industrial Disputes Act. 1947. The management has pleaded that the workman after termination of his services w.e.f. 06.02.1998, vide notice dated 04.02.1998, field a writ petition3244 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] No. 6522 of 1998 with 75 other workmen before Hon’ble Allahabad High Court; and said writ petition was disposed of vide order dated 23.01.2002 with liberty to the workman to file a fresh petition; but the workman did not take any action thereafter. However, he approached the Conciliation Officer i.e. ALC (C), Allahabad on 21.10.2008 and on failure of the conciliation proceedings, the workman, on reference by the appropriate government, filed his claim before this Tribunal in the year 2009, with any explanation about his sitting idle from 23.01.2002 to 21.10.2008. The management has stated that the workman had not been appointed by the Company in terms of Recruitment Rules, as he did not apply against any notification of vacancy or was issued a call letter for selection; rather he was locally appointed by the Project manager on daily rate basis for a six months; moreover, the Project Authorities were not competent to engaged any person against permanent posts in the Company. The management has contended that mere placing a project employee in a regular pay scale does not make him a regular employee of the Company and for regularization/absorption of a project employee, engaged locally by the project authorities, such project employees have to go through a prescribed process as and when there is such requirement in regular establishment of the Company; and the workman had not been considered in a selection process for regularization in the Company, in terms of the Recruitment Rules of the Company. The management has submitted that the services of the workman had been terminated through notice dated 04.02.1998 on closure of the projects in 1998 and no recruitment in the skills possessed by the workman has been made by the Company; moreover, the Company has number of projects at different places; but there is no legal right conferred by any rule or law in favour of the workman, mandating his being employed in any of those projects. The management has pleaded that the services of many other employees, viz. Lal Mohamad & others, were terminated in similar circumstances on closure of Anpara Projects; and on their termination the workmen sought legal remedy before Hon’ble High Court and finally before Hon’ble Apex Court; however, the Hon’ble Apex Court pleased to dismiss the writ petitions filed by Lal Mohammad & others vide order dated 11.01.2007 and the same holds good in the present case also. Accordingly, the management of IRCON has prayed that the case of the workman suffers with the vice of delay & latches and is liable to be rejected also being devoid any merit. 4. The workman has filed its rejoinder and apart from reiterating the averments already made by him, in his statement of claim, has submitted that his case is not identical to that of Lal Mohammad case as he was transferred from one project to the other. 5. The parties have adduced documentary as well as oral evidence in support of their respective pleadings. The workman examined himself whereas the management examined, Shri Kabir Hussain Khan, Manager (Legal). The parties availed opportunity of cross-examining the witnesses of each other; apart from forwarding oral as well as written submissions. 6. Heard learned authorized representatives of the parties at length; and perused entire evidence on record. 7. The learned authorized representative of the workman has submitted that the workman had been appointed as Peon on daily rate basis initially for a period of six months by the Project Manager, Vindhya Nagar, Sidhi (MP) on 19.04.1984; and his term was extended from time to time. The learned counsel has also submitted that the workman was granted regular scale of pay w.e.f. 01.07.1988 and was transferred from Vindhya Nagar Project to Rihand Nagar Project, District Sonbhadra vide letter dated 28.12.1993. The learned counsel has stated that the workman had been served upon and noted dated 04.02.1998 regarding termination of his services on account of closure of the Project; however, it was mentioned in the said notice dated 04.02.1998 that on availability of any vacancy in future, he will e given preference in appointment. It has been submitted by the workman that the workman along with other 74 similarly situated workmen, filed a Writ Petition No. 6522 of 1990 before Hon’ble High Court, Allahabad, which pleased to allow a compensation of Rs. 3 Lacs to each of the petitioner vide order dated 22.01.2002; but the workman declined the same as he wanted reinstatement instead of reinstatement, therefore, the Hon’ble High Court dismissed the said Writ Petition in respect of workman with liberty to file the case before this Tribunal. The workman has also contended that he did not get any benefit in consonance of notice dated 04.02.1988; moreover, the learned counsel of the workman has also argued vehemently that the workman was given regular status and was being transferred from one place of posting to the other, therefore, his case is different from that of the Lal Mohammad case; hence cannot be treated at par with him. The learned counsel has also stated that after dismissal of Writ Petition No. 6522 of 1990 he kept pursuing his case before different forums and there is no delay in his part in raising the present dispute before this Tribunal. The learned counsel for the workman has relied upon: I. Ajaib Singh vs. Sirhind Co-operative Marketing-cum-Processing Service Society Ltd. & another 1999 (82) FLR 137. II. Hon’ble High Court, Allahabad judgment dated 04.08.2005 in Writ Petition No. 9762 of 2003 IRCON International Ltd. vs. Shri Baikunth Nath Dubey & others. III. Hon’ble Apex Court’s order dated 01.09.2011 in Civil Appeal No. 5781 of 2007.[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3245 8. In rebuttal, the learned counsel of the management has argued that the workman has raised present industrial dispute before this Tribunal in the year 2009 with an unexplained inordinate delay of more than 6 ½ years; hence, barred with limitation. On merits of the case, the learned counsel for the management has submitted that the workman had been appointed by Project Manager as Peon on casual basis on daily rates for a period of six months and was given a consolidated wages @ Rs. 196/- per month plus DA. The learned counsel has submitted that the workman had been given pay scale of Rs. 196-232 w.e.f. 01.07.1988 without any change of to his status and term of appointment. It has been submitted that on completion of project, the project establishment was closed w.e.f. 06.02.1988 and the services of the employees working therein were terminated vide notice dated 04.02.1988; however, the statutory payments were made to each workmen whose name was there in the notice dated 04.02.1988; but the workman did not accept the sum offered. It has also been submitted by the learned counsel for the management that the workman with other 74 similarly situated workmen filed a Writ Petition No. 6522 of 1998 Laxman & 74 others before Hon’ble Allahabd High Court, which was allowed vide order dated 23.01.2002 for 73 workmen by way of settlement and was dismissed for two workmen, including workman, as the workman did not accede to the settlement regarding compensation instead of reinstatement, with liberty to file fresh writ petition. The learned counsel for the management has vehemently argued that the number of workmen who were terminated through termination notice dated 04.02.1998, field different Writ Petitions No(s). 32651/1993, 32500/1993, 18561/1993, 34786/1993 and 44416/1993 before Hon’ble High Court, Allahabad and the all were dismissed by the Full Bench of Hon’ble High Court vide order dated 21.05.2004; and the Civil Appeal filed against order dated 21.05.2004 was dismissed by the Hon’ble Apex Court vide its judgment dated 11.01.2007 in Lal Mohammad & others vs. Indian Railway Construction Co. Ltd. & others JT 2007 (2) SC 456, thereby affirming the judgment dated 21.05.2004 of the Hon’ble High Court; hence the judgment dated 11.01.2007 of the Hon’ble Supreme Court is also applicable in the present case. It has also been contended by the learned counsel for the management that Hon’ble High Court, Allahabad vide its order dated 27.02.2018 in Special Appeal No. 70 of 2018 also required that this Tribunal should consider and decided the matter in light of observations made by the Hon’ble Apex Court in Lal Mohammad Case (supra). In reply to the contention of the workman that he had been transferred from one project to other, the learned counsel has submitted that in the Lal Mohammad Case (supra) too, the workmen were subject to transfer and their other service conditions were also similar to that of the workman, therefore, the workman cannot be kept outside the purview of the judgment in Lal Mohammad Case (supra). The management of IRCON has relied upon: I. Hon'ble Apex Court in U.P. State Road Transport Corporation vs Babu Ram 2006 AIR (SCW) 3457. II. Hon’ble Apex Court in The Management of M/s. Indian Iron and Steel Co. Ltd. vs. Prahlad 2000 AIR (SCW) 3880. III. Hon’ble Delhi High Court dated 14.12.2012 in W.P. (C) No. 669/2012 Krishan Kumar vs. Delhi Jal Board. IV. Hon’ble Apex Court in Lal Mohammad & others vs. Indian Railway Construction Co. Ltd. & others JT 2007 (2) SC 456. 10. I have given my thoughtful consideration to the rival contentions of the parties, in support of their respective stand, and scanned the entire evidence available on record in light thereto and also the case laws relied upon by them. 11. In nutshell, the workman has come up with a case that though he was appointed by the Project Manager for a fixed term on casual basis on daily rates; but his term of appointed was extended from time to time and he was granted regular pay scale by passage of time and was also transferred from one project to other as a regular employee, therefore, his termination vide termination notice dated 04.02.1998 was illegal and requires to be set aside and he be reinstated with consequential benefits. On the issue of delay the workman has come up with pleading that the Hon’ble High Court, Allahabad dismissed the Writ Petition No. 6522 of 1990 vide order dated 22.01.2002 on alternative ground, therefore, the preferred the present industrial dispute before this Tribunal. As regards, applicability of Lal Mohammad Case (supra) in his case, the workman has asserted that the footings of his case is different with that of the Lal Mohammad Case (supra); as he was transferred from one project to other as regular employee, therefore, the decision of Hon’ble Apex Court in Lal Mohammad Case (supra) is not applicable in his case. 12. Per contra, the case of the management of IRCON is that the present industrial dispute, raised by the workman, is barred by the limitation as the same has been raised after an unexplained inordinate delay of more than six years. As regards the merits of the case, the stand of the management is that the workman who was initially appointed by the Project Manager as Peon on casual basis on fixed term on daily rate basis, his term of appointment was extended from time to time; and on completion of the Project, the workman was given notice dated 04.02.1998 with other similarly placed workmen; accordingly, the services of the workmen, whose name3246 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] was there in the notice dated 04.02.1998, including workman, had been terminated w.e.f. 06.02.1998 after paying notice pay and compensation to each workmen; but the workman did not accept the payment. The management has heavily relied upon the Lal Mohammad Case (supra) and has claimed to be the identical to the present industrial dispute. 13. Before entering to the merits of the case, it is has to be looked into that the management of the railways has raised preliminary objection regarding maintainability of the case due to inordinate delay of more than six years in raising the present dispute in terms of provisions contained in Section 2A (3) of the Act. The management has submitted that after dismissal of Writ Petition No. 6522 of 1998 Laxman & 74 others before Hon’ble Allahabad High Court vide order dated 23.01.2002, the workman was given liberty to file afresh; but the workman approached to the Conciliation Officer i.e. Assistant Labour Commissioner (Central), Allahabad on October, 2008 with a delay of about 6 ½ years. The management has submitted that the workman has not given any satisfactory explanation regarding keeping his cause alive, therefore, the present industrial dispute is not maintainable before this Tribunal. In rebuttal, the workman has submitted that case has been referred to this Tribunal for adjudication by the appropriate Government and this Tribunal is duty bound to answer the same on the terms of reference; moreover, the provisions of Section 2A (3) of the Act is not applicable to the present case. The workman has also stated that after dismissal of Writ Petition No. 6522 of 1998 Laxman & 74 others vide order dated 23.01.2002, he filed an application on 29.08.2002 before Hon’ble High Court, Allahabad which was decided on 04.10.2006; however due to inaction of his counsel, the workman came to know about the order dated 04.10.2006 only on 15.09.2008, therefore, he filed application before Conciliation Officer thereafter. The learned counsel for the management has vehemently opposed the submission of the workman that he filed an application on 29.08.2002 before Hon’ble High Court, Allahabad after dismissal of Writ Petition No. 6522 of 1998 Laxman & 74 others vide order dated 23.01.2002 and he came to know about disposal of the application dated 29.08.2002 on 15.09.2008, though the same had been disposed on 04.10.2006. Learned counsel has submitted that there is no such application dated 29.08.2002 before Hon’ble High Court, Allahabad or disposal of the same through order dated 04.10.2006. the learned counsel for the management has submitted that the workman has come forwarded with a false and fabricated story to explain the delay which is not acceptable. Admittedly, the workman with other workmen whose services have been terminated through termination notice dated 04.02.1998 and the workman with other workmen assailed the same through Writ Petition No. 6522 of 1998 Laxman & 74 others before Hon’ble Allahabad High Court and the name of the workman was at serial No. 31 in the array of the petitioners. The said writ petition was dismissed vide order dated 23.01.2002, which is reproduced as under: “In view of the aforesaid statement of Shri Pankaj Lal, Learned counsel for the writ petitioners no. 31 and 61, it is ordered that the writ petitioners no. 31 and 61 shall be at liberty to file a fresh petition. Taking into consideration the entire facts and circumstances of the case, the writ petition is disposed of finally with the direction that the writ petitioners, except writ petitioners no. 31 and 61, shall submit the Proforma Agreement duly signed by them with the respondent no. 1 within four weeks from today and the Respondent Company shall make payment of Rs. 3 lacs after adjusting the amount which is found due against the petitioners and the terminal benefits, already paid to the writ petitioners, within four weeks thereafter. With the above directions the writ petition stands disponed of finally and, against the writ petitioners no. 31 and 61, the writ petition is dismissed with liberty to file afresh.” Thus, from perusal of above quoted order dated 23.01.2002 of the Hon’ble High Court, it transpires that workman was ought to file the petition, challenging his termination, afresh before the Hon’ble High Court or to file a conciliation application before Conciliation Officer being Competent Authority under law; but he failed to avail the same up to October, 2008, when he moved conciliation application before the Conciliation Officer i.e. Assistant Labour Commissioner (Central). The explanation submitted by the workman for this delay is unacceptable for the want of any order of the competent forum. Also, the workman has argued that the provisions of 2A (3) are not applicable in his case and has relied upon Ajaib Singh vs. Sirhind Co-operative Marketing-cum-Processing Service Society Ltd. & another 1999 (82) FLR 137. The Section 2A of the Industrial Disputes Act, 1947 reads as under: 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. – (1) Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3247 industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. (2) Notwithstanding anything contained in section 10, any such workman as is specified in sub- section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government. (3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retreatment or otherwise termination of service as specified in sub-section (1). A bare perusal of the above quoted section revels that the limitation prescribed in the sub-section (3) of Section 2A is regarding filing of an application before the Labour Court or Tribunal with regard to the filing of an application directly before the Labour Court or Tribunal, after expiry of 45 days from the date it moved an application before the Conciliation Officer under sub-section (2) of Section 2A; and there is no bar on entertaining an industrial dispute duly referred by the appropriate Government under Section 10 of the Act. Moreover, Hon’ble Apex Court in Ajaib Singh vs. Sirhind Co-operative Marketing-cum-Processing Services Society Ltd. & another 1999 LAB IC 1435 where there was admitted delay of seven years has held that the Court can mould relief by refusing back wages or directing payment of part of back wages. Likewise, Hon’ble Supreme Court in 2001 SCC (L&S) 105 Gurmail Singh vs. Principal, Govt. College of Education & others, has laid down that ‘the Labour Court cannot dismiss the case of the workman merely on the ground of delay. If the order of dismissal is challenged belatedly, the dispute would still continue for adjudication, the only question would be to deprive back wages for the period of delay in raising such a dispute if on merits it is to succeed.’ Further, Hon’ble Allahabad High Court in 1994 LLR 29 The Chief General Manager, State Bank of India, Chief Office, Lucknow vs. B.C. Verma & another; wherein the question for consideration before the Hon’ble High Court was whether inaction or delay in raising industrial dispute by the workman can be condoned; Hon’ble High Court observed as under: “In the present case, Section 10(1) may be read along with Section 10 (5). Both the subsections read together lead to conclusion that ‘at any time’ the Reference can be made in the exercise of the administrative power by the Central Government provided there exists an industrial dispute or the same is apprehended. The use of expression “at any time’ in both the sub-sections clearly indicates that legislature never intended any limitation to be imposed for making reference.” In the present case, the Conciliation Officer on failure of the conciliation proceedings forwarded its ‘Failure of Conciliation Report’ to the appropriate Government, which after considering the Failure of Conciliation Report, referred the present industrial dispute to this Tribunal for adjudication under powers conferred under Section 10 of the Act. Hence, upon reference of an industrial dispute by the appropriate Government, it is duty casted upon the Labour Court or Industrial Tribunal to answer the terms of reference. Also, admittedly there is a delay of about 6 ½ but in view of the statutory provisions, quoted above, law pronounced by the Hon’ble Apex Court & Hon’ble Allahabad High Court and discussions, made hereinabove, the objection of the management of the management regarding non-maintainability of the case due to delay in raising present industrial dispute is not tenable in the eye of law. 14. Now coming to the merits of the case, it is the case of the workman that the management of IRCON terminated his services through notice dated 04.02.1998, without following due statutory procedure, ignoring the fact that he was required to be given treatment at par with the regular employees of the Company. The workman has come up with a case that his service conditions were not a par with that of casual labourers as he had been transferred from one project to the other, therefore, he had to be adjusted at some other project instead of being retrenched. Per contra, the management has come up with case that the workman had been appointed by a Project Manager and his services were liable to be terminated with the end of the Project and is mere transfer from one project to other does not places him at par with the other regular employees of the Company; moreover, he had been offered notice pay and other terminal benefits through notice dated 04.02.1998. The management has heavily relied upon the case of Lal Mohammad (supra). 15. Admittedly, the workman had been appointed by the Project Manager as Peon on casual basis on daily rate, initially for a fixed term; however, the term of appointment was extended from time to time. The workman3248 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] was also transferred from one project to other and his services have been terminated w.e.f. 06.02.1998 vide termination notice dated 04.02.1998. The workman was offered notice pay and compensation, which he refused to accept. The management of IRCON filed Special Appeal No. 70 of 2018 M/s IRCOn International Limited Thru Chairman & MD vs Bipin & others; wherein Hon’ble High Court, Allahabad vide order dated 267.02.2018, dismissing the Special Appeal, pleased to pass following order: “Suffice to mention, learned counsel appearing on behalf of the appellant also cited a judgment of Hon’ble Supreme Court in the Case of Lal Mohammad & other reported in JT 2007 (2) SC 456 holding wherein a termination order of similar nature pertaining to a co-employee was considered and decided and the petitioner’s case stands on the same pedestal as to the Lal Mohammad and others (supra). This issue too shall be considered and decided by the Labour Court while deciding the dispute referred.” However, the workman has submitted that the Lal Mohammad & others (supra) is not applicable in his case, he had been transferred from one project to the other whereas there was no such condition with the Lal Mohammad & others (supra); moreover his service conditions were at par with that of the employees of the Company. In this regard it is pertinent to mention here that the appellant in the Lal Mohammad Case (supra), were employed with the IRCON and had been retrenched/terminated in pursuance to notice dated 04.02.1998 same as the workman in the instant case had been treated. The terms of appointment in respect of appellant in Lal Mohammad Case (supra) and that of the workman in the present case has to be taken up minutely and accordingly, the contents of the appointment letter of the workman is reproduced hereunder: “INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED (a Government of India Undertaking) Office of the Regional Manager P.O. Anpara, District Mirzapur (UP) No. IRCON/ANP/ED A/15/A Dated: 29.5.1986 To Shri Bipin Peon IRCON, Baijpur. Dear Sir, 1. On completion of your training you are hereby brought onschale of pay in the grade of Rs. 260-600 (Rs.) ………… in the initial pay of Rs. ………. p.m. with effect from ……….. 2. You have been brought on the scale of pay in the grade of Rs. 196-237 in the initial pay of Rs. 196/- P.M. with effect from 19.04.1984. 3. You will be eligible for all the allowances and benefits as per Rules/Orders issued by the Company from time to time. 4. You should produce the following documents at your own expense. (a) A medical certificate of health and physical fitness of prescribed proforma from a qualified Registered Medical Practitioner. (b) Original certificates in support of your educational and other professional qualification, documentary proof, in respect of date of birth etc. together two copies thereof. (c) Attestation form in triplicate (enclosed) after filling. (d) In case you belong to Schedule Caste/Schedule Tribe, one of the following certificates in original should be produced. Matriculation or School Leaving Certificates or birth certificate given our caste/community and place of residence. Or A certificate in the prescribed form issued by the Competent Authority. 5. You will be liable for transfer to any of the Office Project site under the control of the company in India.[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3249 6. You will not save with the prior permission of the Competent Authority, apply for any appointment outside the company. You will have to withdraw your application for appointment elsewhere made prior to the date of issue of these orders and will not appear for interview or accept any employment is offered. 7. You will not save with the express permission from the company, engage in any trade or business or undertake any other work or any employment elsewhere full time or part time while in the service of the company. 8. In regard to any matters not specifically covered in the foregoing paragraphs, you will be governed by the rules and orders applicable to the employees of the company. 9. If any declaration given or information furnished by you proves to be false, or it is found that you have willfully suppressed any material information you will be liable to removal from services forthwith without any notice and without assigning any reason therefore, notwithstanding any action taken against you as the Company may deem necessary. For & on Behalf of Indian Railway Construction Co. Ltd. Regional Manager IRCON-ANPARA Copy for information & necessary action to: 1. Group general Manager (T), IRCON, NEW DELHI. Regional Manager IRCON-ANPARA” Also, Hon’ble Apex Court in Lal Mohammad Case (supra) with regard to the terms of service of the appeallants has observed as under: “10. So far as the second and third questions are concerned, the crucial question to be decided is whether they were employees of the Project or of the Company. In this connection the finding was given by the Full Bench that there were employees of the Project and not of the Company. Learned counsel for appellants laid much stress on appointment orders of appellants that there are employees of the Company and not of the Project. He has taken us through various orders issued from time to time and some of the samples, are reproduced as under: INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED (a Government of India Undertaking) GRAM: RAILCONST RATTAN JOYTI 18, RAJENDRA PLACE NEW DELHI – 110008 (INDIA) NO. IRCON/ESTT./35 DATED: 25/8/84 Shri Lalmohammad S/o Ajimuddin Vill: Dllumandaltola Dt. Makla. You are hereby offered appointment in Anpara Project. Project on a Casual adhoc basis on a consolidated monthly emoluments of Rs.400/- (Rupees four hundred). You are directed to report to Project Manager IRCON at Anpara. In this connect, the following instructions are issued. 1. Your training period will be for a period of 12 months after you report for duty. 2. On satisfactory completion of the training you will be required to pass a written and oral examination.3250 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 3. On passing your above examination, you will be brought to grade Rs. 260-400/-. 4. During your training period you will be entitled to an additional monthly emolument of Rs. 50/- if you are posted in Delhi, Bombay or Calcutta. 5. The above appointment is subject to verification of our age, qualifications for which should produce original documents while reporting. Sd/- (N. SWAMINATHAN) COMPANY SECRETARY, IRCON INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED (a Government of India Undertaking) GRAM: RAILCONST RATTAN JOYTI 18, RAJENDRA PLACE NEW DELHI – 110008 (INDIA) No. IRCON/PP/35A DATED: 22-10-83 Md. Intas Hussain S/o Md. Yahim Ali, Vilage, Chandigachil, P.O. Singhia, Dt. Malda. You are hereby offered appointment in Anpara Project. Project on a Casual adhoc basis on a consolidated monthly emoluments of Rs.400/- (Rupees four hundred). You are directed to report to Project Manager V.S.T.V.P. IRCON at Anpara. In this connect, the following instructions are issued. 1. Your training period will be for a period of 12 months after you report for duty. 2. On satisfactory completion of the training you will be required to pass a written and oral examination. 3. On passing your above examination, you will be brought to grade Rs. 260-400/-. You will also be eligible for payment of all allowances as per the rules of the company; 4. Your regular appointment in the Company will be governed by the Recruitment Rules of the Company. 5. You are liable to be posted any where in India. 6. During your training period you will be entitled to an additional monthly emolument of Rs. 50/- if you are posted in Delhi, Bombay or Calcutta. Sd/- (N. SWAMINATHAN) COMPANY SECRETARY, IRCON INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED (a Government of India Undertaking) Office of the Regional Manager P.O. Anpara, District Mirzapur(UP) Dated: 19.5.1988[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3251 No. IRCON/ANP/ESTT/15/AL To Shri Meghu Seikh Artisun, IRCON, Baijpur. Dear Sir, 1. On completion of your training you are hereby brought onschale of pay in the grade of Rs. 260-600 (Rs.) in the initla pay of Rs. 260/- p.m. with effect from 11.10.1984. You have been brought on the scale of pay in the grade of Rs. In the initial pay of Rs. Pm with effect from. 2. You will be eligible for all the allowances and benefits as per Rules/Orders issued by the Company from time to time. 3. You should produce the following documents at your own expense. (a) A medical certificate of health and physical fitness of prescribed proforma from a qualified Registered Medical Practitioner. (b) Original certificates in support of your educational and other professional qualification, documentary proof, in respect of date of birth etc. together two copies thereof. (c) Attestation form in triplicate (enclosed) after filling. (d) In case you belong to Schedule Caste/Schedule Tribe, one of the following certificates in original should be produced. Matriculation or School Leaving Certificates or birth certificate given our caste/community and place of residence. Or A certificate in the prescribed form issued by the Competent Authority. 4. You should take an Oath of allegiance to the Constitution of India in the appropriate form. 5. You will be liable for transfer to any of the Office Project site under the control of the company in India. 6. You will not save with the prior permission of the Competent Authority, apply for any appointment outside the company. You will have to withdraw your application for appointment elsewhere made prior to the date of issue of these orders and will not appear for interview or accept any employment is offered. 7. You will not save with the express permission from the company, engage in any trade or business or undertake any other work or any employment elsewhere full time or part time while in the service of the company. 8. In regard to any matters not specifically covered in the foregoing paragraphs, you will be governed by the rules and orders applicable to the employees of the company. 9. If any declaration given or information furnished by you proves to be false, or it is found that you have willfully suppressed any material information you will be liable to removal from services forthwith without any notice and without assigning any reason therefore, notwithstanding any action taken against you as the Company may deem necessary. For & on Behalf of Indian Railway Construction Co. Ltd. Page 0787 -sd/- Regional Manager IRCON-ANPARA Copy for information & necessary action to: 2. Group general Manager (T), IRCON, New Delhi.3252 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 11. Other appointment letters are on the same pattern. Therefore, no useful purpose will be served by reproducing all of them. On the basis of these letters learned Counsel submitted that a perusal of these appointment orders clearly shows that appointments were made by the Company and they were directed to report to the Project Officer of the Company. It was submitted that after the necessary training and passing required examination the incumbents were entitled to regular pay scale of Rs. 260-400/- along with all allowances as per the rules of the company, that incumbent can be posted at any were in India on any project, no employment could taken up by incumbent without prior permission of the company, that incumbent is no required to engage in a trade or business, that they will be governed by the rules of the company, that group insurance was also taken out by the company, that they were required to take oath of allegiance to the constitution. On the basis of these salient features the learned Counsel submitted that it leads to only and only inference that the petitioners were employees of the Company and not of the Project. It was submitted that since each incumbent has to work on the Project and that they were directed to report to the project officer, that does not mean that they were employee of the project and not of the Company.” Thus, on having a close look at the appointment/offer letter, issued to the workman, in the instant case, and that to Meghu Seikh, reproduced in the Lal Mohammad Case (supra), it is apparent on the face of record, that both had same term of appointment i.e. at serial No. 05 which provided that the appointee shall be liable for transfer to any of the Office Project site under the control of the company in India. Hence, it could be well presumed that the Lal Mohammad Case (supra) is fully applicable in the present case also. The Hon’ble Apex Court in Lal Mohammad Case (supra) after considering the factual matrix of the case, which is identical to the instant case in hand, has held as under: “14. We have bestowed our best of consideration to the rival contentions of the parties. We regret to say that we have failed to be persuaded by the submissions of the learned Counsel for the appellants to infer that the appellants were the employees of the Company and not of Project. In the appointment orders it was mentioned that appointment was adhoc and they were directed to join the Project. Therefore, these conditions, which have been stressed by the learned Counsel does not lead us to the inference that incumbents were employees of the company. Employment to the company is regulated by the service rules and none of the posts which has been mentioned against these persons is in the list annexed to the Schedule appended to the Rules. That apart an opportunity was given to the petitioners to appear for regular selection in the company and they failed to avail that opportunity. Therefore, from these facts, it is more than apparent that the petitioners were not employees of the company but they were employees of the Project. Since it is a public sector company and it is governed by its own rules and those rules clearly contemplate a method for recruitment into service and that opportunity was given to the incumbents for being regularly recruited in the company but they failed to avail the same. Simply because the company had said that these persons will not be permitted to take any other employment or business without prior permission, their group insurance was made and were placed in the pay scale of the company that does not mean that they will be deemed employees of the Company. Simply because they adopted the basis for giving them the benefit of the Company as was being given to other employees who have been duly recruited in accordance with the rules, by such conferment of benefit will not be deemed to be employees of the Company. The regular recruitment Rules have been framed with the approval of the government, as the company is a public sector undertaking. These rules may not be given a status of statutory rules but those rules are binding on the company and company cannot take departure from acting under the rules, for all purposes, they are almost analogous to the statutory rules. These rules have a legal sanctity as they have been framed in terms of memorandum and articles of association with the approval of the Government. Therefore, they have a binding force for the company and company cannot make a departure for recruitment except than following these rules. As per the provisions pointed out above, there is methodology provided under the rules and that was not followed in the present case. They were appointed being the local hand as workmen were required for completion of the project and there after they were appointed for the project and as soon as the project was over they cannot claim as a matter of right to be permanent employees or to be regularised in the company. A distinction has to be borne in mind who is employee of the company and who is employee of the Project. The services of project employees come to an end as soon as the project is over and they cannot be given permanent status. Since they were employees of the project their services have to be terminated after completion of the project. In this connection the Full Bench has considered the necessary provisions of the rules and after a detailed discussion on the matter has rightly come to the conclusion that they are employees of the project and they are not the employees of the company. There is no question of violating of Articles 14, 16 & 21 of the Constitution of India in the matter as they were employees of the project and at[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3253 the end of the project they have taken their benefits as are admissible in accordance with the Industrial Disputes Act. Therefore, there is no violation of Articles 14, 16 & 21 of the Constitution of India. So far as question with regard to Article 12 is concerned, the same is not relevant in this matter because the whole service conditions of the employees are governed by the Industrial Disputes Act. Therefore, it is purely an academic question whether company is a State within the meaning of Article 12 or not.” Therefore, from the discussions made and law quoted hereinabove, it could be well inferred that the workman was not employee of the company as he had been appointed as adhoc employee and was directed to join the Project. It has been pleaded by the management of IRCON that the employment to the company is regulated by the service rules, which provide a due procedure for recruitment into service. Also, giving service conditions at par with the regular employees does not mean that the workman will be deemed employee of the Company if he has not followed due procedure provided under recruitment rules. Further, since the management of IRCON provided all benefits extended to the other employees who have been duly recruited in accordance with the rules, by such conferment of benefit the workman will not be deemed to be employees of the Company. Moreover, it is crystal clear from the evidence available on record that the recruitment process provided under the recruitment rules was not followed in the present case; however, the workman had been appointed being the local hand as working hands were required for completion of the project and therefore, the workman had been appointed for the project; and as soon as the project was over he cannot claim as a matter of right to be permanent employees or to be regularised in the company. The services of project employees come to an end as soon as the project is over and they cannot be given permanent status; since they were employees of the project their services have to be terminated after completion of the project. 16. Hon’ble Apex Court in Lal Mohammad Case (supra) case has further held that: “Therefore, this is nearer to our case in hand that one this project is completed that it is not incumbent on the company to necessarily employ these persons at other projects in any other part of the country. Our attention was also invited to a decision of this Court in M.D., U.P. Land Dev. Corpn. And Another Vs. Amar Singh and Others, wherein it has been held that employees working under a scheme/project have no vested right so as to claim regularisation of their services with regular pay scales. It was observed that when the scheme/project comes to an end, the services of the employees working the project also come to an end.” Hence, it in view of the law cited above, it could be well inferred that there was nothing illegal in notice dated 04.02.1998 and the services of the workman had rightly been retrenched by the management of IRCON on completion of the project. 16. Now coming to the issue, regarding relief which could be granted to the workman. In this regard Hon’ble Apex Court in Lal Mohammad Case (supra) has directed that: “21. Before parting with the case, we may clarify that if any compensation amount has not been paid to the workers then that should be determined and be paid to them forthwith, if not paid so far. Therefore, in the light of discussion made above, we are of the opinion that the view taken by the Full Bench is correct. The petitioners are not entitled to be regularised their services in the Company and they are not employees of Company. They are only entitled to compensation as indicated above. The above appeals and writ petitions filed by workers are dismissed.” Also, it may be pertinent to mention here that the workman with other 74 similarly situated employees filed a Civil Misc. Writ Petition No. 6522 of 1998 Laxman & 74 other vs IRCON International Limited & three others; which culminated into a settlement between the petitioners, except two petitioners, including workman and the respondents; and accordingly, to which each of the petitioner was to be paid Rs. 3 lacs after adjusting the terminal benefits which had already been paid and other dues found due and payable by the petitioners. On applying the above matrix to the present case in hand, it is inferred from the documents available on record that the management of IRCON offered the terminal benefits vide notice dated 04.02.1998; and also it has been specifically pleaded by the management of IRCON itself vide para 1.4 of its written statement that ‘the workman is entitled for compensation only as per provisions of Industrial Disputes Act, which was officer to him at the time of retrenchment of his services, but the same was not accepted by him’. This factum was reiterated by the management witness viz. Shri Kabir Hussain Khan, Manager (Legal) vide para 18 of his affidavit; wherein he has stated on oath that ‘the settlement dues which were payable to the workman as per the provisions of Industrial Disputes Act were tendered with the termination notice, but the same was not accepted by him’. As regards the amount of compensation his co-workers were granted compensation amount to 3 lacks by way of settlement with the management before Hon,ble High Court , Allahabad vide order dated 23.01.2002 in Writ Petition No. 6522 of 1998. The present workman probably ill advised ,tried his luck by coming out of3254 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] compromise and raising dispute but could not succeed as some pronouncement of the Hon’ble Apex court intervend in between . In spite of all liberalisation and so called ecomic reforms , we are still socialist democracy. A public Sector Undertaking/Companies is not expected to be as profit hungry at the cost of labour welfare as private sector companies’ sole aim to be as to earn profit. Moreover, a labour dispute is a fight between David and Goliath in which poor David has always to suffer. Keeping in view aforesaid facts in mind and also the fact that the workman was not granted any retrenchment compensation; and that the amount would have earned interest since last more than 20 years had it been timely paid, therefore, I quantify a lump sum compensation of Rs.2.5 lacs (Rupees Two Lacks Fifty Thousand Only ) payable to the workman. No order as to cost. 17. The reference under adjudication is answered accordingly. 18. Award as above. Let two copies of the award be sent to the Ministry for publication. LUCKNOW 23rd November, 2020 P. K. SRIVASTAVA, Presiding Officer नई दिल्ली, 21 दिसम् बर, 2020 का.आ. 1109.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण म ें केन्री सरकार मेससल fMohtuy bathfu;j ¼VsyhxzkQ½] nwj lapkj foHkkx] lokbeZ k/kkis qj( t;ijq (राि) और अन् एव ं उनके कमलचारी के प्रबंितंत्र के संबद्ध जन ोिकों और उनके कमलकारों के बीच अनुबंि म ें जनर्िष्टल औद्योजगक जववाि म ें केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल ि पुर के पंचाट (संिभल सं्‍ ा 92/2006) को प्रकाजित करती ि जिो केन्री सरकार को 09.10.2020 को प्राप्त हुए े । [स.ंएल- 40012/221/94 -आईआर-(डी )ू ] डी. के. जिमांिु, अवर सजचव New Delhi, the 21st December, 2020 S.O. 1109.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Ref. No. 92/2006) of the Central Government Industrial Tribunal-cum Labour Court Jaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The Divisional Engineer, (Telegraph) Telecom, Sawaimadhopur, Jaipur (RaJ) & Others, and their workmen which were received by the Central Government on 09.10.2020. [No. L-40012/221/94-IR (DU)] D. K. HIMANSHU, Under Secy. U;k;ky;] t;iqj lh-th-vkbZ-Vh- izdj.k la- 92 / 2006 ihBklhu vf/kdkjh % jk/kkeksgu prqosZnh jsQjsUl ua- L-40012/221/94–IR(DU) fnukad 15/11/2006 txnh'k izlkn lSuh iq= Jh vEckyky xkao tVokMk&¼dyka½] rglhy o ftyk lokbZek/kksiqjA[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3255 cuke fMohtuy bathfu;j ¼VsyhxzkQ½] nwj lapkj foHkkx] ftyk&lokbZek/kksiqjA mifLFkr % izkFkhZ dh vksj ls % Jh lqjs'k d';i&,MoksdVs vizkFkhZ dh vksj ls % dksbZ ugha % vf/kfu.kZ; % fnukad % 25-02-2020 1- Je ea=ky; Hkkjr ljdkj] ubZ fnYyh }kjk fnukad 15-11-2006 dks vkS|ksfxd fookn vf/kfu;e 1947 ¼ftl s vkxs ek= vf/kfu;e dgk tkoxs k½ dh /kkjk 10 mi/kkjk ¼1½ ¼d½ ds vUrXkZr iznRr 'kfDr;ksa ds iz;ksx es a fuEukafdr fookn bl vf/kdj.k dks U;k;fu.kZ;u gsrq izsf"kr fd;k x;k %& “Whether the action of the management of TDE, Bharat Sanchar Nigam Limited, Sawaimadhopur in terminating the services of their workman Shri Jagdish Prasad Saini, w.e.f. 31.7.87 is legal and justified ? If not, to what relief the workman is entitled to?” 2- mi;qZDr fookn izkIr gksus ij vf/kdj.k }kjk mHk;i{k dk s vkgwr djrs gq, izkFkhZ dks funsZ'k fn;s x;s fd og vius nkos dk vfHkdFku izLrqr djsaA 3- rnqijkUr ihBklhu vf/kdkjh dk in fjDr jgkA vUrr% fnukad 5-2-2010 dks izkFkhZ dh vkSj l s nko s dk vfHkdFku izLrqr fd;k x;kA ftlds lfa {kIr vfHkopu bl izdkj gSaA izkFkhZ dh fu;qfDr fnukad 14-10-86 dks Jfed@gsYij ds in ij gqbZ FkhA foi{kh us viu s ekSf[kd vkns'k fnukad 31-7-87 }kjk izkFkhZ dk s los k l s i`Fkd dj fn;k vkSj dksbZ dkj.k ugha crk;kA foi{kh us ebZ ls tqykbZ 87 es a txjke ekyh l s dk;Z djok;k gSA tk s izkFkhZ l s dfu"B Fkk vkSj og vc Hkh dk;Zjr gSA 4- izkFkhZ us viuh lsokeqfDr dk fookn le>kSrk vf/kdkjh ds le{k izLrqr fd;kA fookn esa le>kSrk uk gksus ij vlQy okrkZ@izfrosnu dsUnz ljdkj dks Hkstk x;k ysfdu dsUnz ljdkj us fookn dks U;k;fu.kZ;u gsrq izsf"kr ugha fd;kA rRi'pkr izkFkhZ ds fuosnu ij ekuuh; jktLFkku mPp U;k;ky; us dsUnz ljdkj dks U;k;fu.kZ;u gsrq fookn izsf"kr djus dk vkns'k fn;kA 5- izkFkhZ us fnukad 14-10-86 l s 31-7-87 rd 240 fnu ls T;knk dk;Z fd;k gSA izkFkhZ l s dfu"B Jfed dk;Zjr jgs gS vkSj fu;fer gks pqds gSA izkFkhZ dh los keqfDr vf/kfu;e dh /kkjk 25 ¼,Q½] ¼th½ rFkk fu;e 77 o 78 ds fo:) gSA vr% izkFkhZ dk s los k es a cgky djrs gq, leLr lsok ykHk fnyok;s tkosaA 6- fnukad 20-5-2010 dks foi{kh us oknksRrj es a ;g dgk gS fd ;g nkok 22 o"kZ i'pkr izLrqr fd;k x;k gSA tk s foyEc ds vk/kkj ij gh vLohdkj fd;k tkoasA izkFkhZ dks fnukad 16-10-86 ls vLFkk;h :i l s dk;Z gsrq j[kk x;k FkkA dk;Z gksus ij gh izkFkhZ l s dk;Z djok;k tkrk FkkA fnukad 31-7-87 ds ckn izkFkhZ ds dk;Z dh vko';drk ugha3256 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] jgha vkSj izkFkhZ l s dk;Z ugha fy;k x;kA izkFkhZ dks u rks dHkh fu;qfDr i= fn;k x;k vkSj u gh dHkh los keqDr fd;k x;kA izkFkhZ us dHkh Hkh 240 fnu ls vf/kd dk;Z ugha fd;kA foi{kh us vf/kfu;e ds fdlh izko/kku dk mYy?a ku ugha fd;kA vr% nkok fujLr fd;k tkoasA 7- izkFkhZ us fnuakd 9-2-2011 dks vfrfjDr dFku izLrqr djrs gq, ;g dgk gS fd oknksRrj ds dFku xyr gSaA izkFkhZ us fnukad 14-10-86 l s gsYij ds LFkk;h in ij dk;Z fd;k FkkA vr% nkok Lohdkj fd;k tkoasA 8- izkFkhZ us viu s lk{; es a Loa; izkFkhZ txnh'k izlkn lSuh dks ijhf{kr fd;kA izys[kh; lk{; es a izn'kZ MCY;w&1 l s MCY;w&8 rd izys[k iznf'kZr fd;saA izkFkhZ us fnukad 21-10-14 dks lk{; es a vfrfjDr 'kiFk i= vf/kdj.k dh vuqefr l s izLrqr fd;k FkkA ftl ij foi{kh us dksbZ izfrijh{kk ugha djuk pkgkA rRi'pkr foi{kh us 16-12-14 dks jkefoykl cSjok S.D.O.T. dk 'kiFk i= lk{; es a izLrqr fd;kA fdUrq 11-6-2019 vFkkZr 4 o"kZ l s vf/kd vof/k rd foi{kh us mDr lk{kh dk s izfrijh{kk gsrq izLrqr ugha fd;kA blfy; s fnukad 11-6-2019 dks foi{kh dh yxkrkj vuqifLFkfr dks n`f"Vxr j[k foi{kh lk{; dk volj lekIr dj fn;k x;kA vUrr% fnukad 3-2-2020 dks izkFkhZ ds vfHkHkk"kd ds rdZ lqu s x;s vkSj miyC/k lk{; dk voyksdu fd;k x;kA 9- izkFkhZ ds vfHkHkk"kd dk ;g rdZ gS fd izkFkhZ dks fnuakd 14-10-86 dks ekSf[kd :i l s foi{kh us Jfed ds in ij fu;qDr fd;k FkkA fnuakd 31-7-87 dks fcuk dksbZ dkj.k crk;s mls lsok l s i`Fkd dj fn;k x;kA bl vof/k es a izkFkhZ us 240 fnu l s vf/kd dh los k i.w kZ dj yh Fkh blfy;s lsokeqfDr ds iow Z vf/kfu;e dh /kkjk 25 ¼,Q½ ds vUrxZr ,d ekg dk uksfVl ;k uksfVl osru ,oa NaVuh izfrdj dk Hkqxrku izkFkhZ dks fd;k tkuk vko';d Fkk tks foi{kh us ugha fd;kA bld s vfrfjDr izkFkhZ l s dfu"B Jfed txjke ekyh dks izkFkhZ ds ckn Hkh los k es a j[kk x;kA ftldk izek.k izn'kZ MCY;w&3 ls MCY;w&8 eLVjjksy gaSA ftUgsa izkFkhZ us viuh lk{; es a iznf'kZr fd;k gS vkSj foi{kh us bl ij dksbZ izfrijh{kk ugha dh gSA txjke ekyh dk uke eLVjjksy es a izkFkhZ l s uhps gSA tks mldh dfu"Brk n'kkZrk gSA vr% okn Lohdkj fd;k tkoasA vius rdZ ds leFkZu esa izkFkhZ us fuEukafdr U;kf;d n`"VkUr izLrqr fd;sA ¼1½ 2010 ¼lqizhe dksVZ½ Mk;jDs Vj fQ'kjht VfeZuy fMohtu Lab. I.C. 1089 cuke Hkh[kw HkkbZ es?kkth HkkbZ pkoMkA ¼2½ 2017 ¼154½ ,Q-,y-vkj- 598 ¼jktLFkku mPp U;k;ky;½ fMIVh QksjsLV dUtoZsVj o vU; cuke tt yscj dksVZ&ua- 2 t;iqj A ¼3½ 2017 ¼154½ ,Q-,y-vkj- 144 LVsV cSad vkWQ chdkusj ,.M Tk;iqj cuke lhthvkbZVh- t;qijA ¼4½ 2017 ¼2½ lhMhvkj 914 ¼jktLFkku½ xksiky yky ikjk'kj cuke ih-vks- vkbZ- Vh- HkhyokM+kA 10- eSusa izkFkhZ ds rdksZa ij lk{; ds lUnHkZ es a fopkj fd;kA 11- bl fookn esa fuEufyf[kr fopkj.kh; fcUnq mRiUu gq, gS %&[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3257 fopkj.kh; fcUnq la[;k 1 %& D;k izkFkhZ us fnukad 14-10-86 l s 31-7-87 rd foi{kh ds v/khu 240 fnu l s vf/kd los k i.w kZ dh gS vkSj foIk{kh }kjk vf/kfu;e dh /kkjk 25 ¼,Q½ ds izko/kkuksa dk vuqikyu u djrs gq, lsok lekIr dh xbZ \ ------------ izkFkhZ fopkj.kh; fcUnq l[a ;k 2 %& D;k foi{kh us izkFkhZ l s dfu"B Jfed txjke ekyh dk s izkFkhZ dh los keqfDr ds i'pkr Hkh lsok es a j[kkA tks vf/kfu;e dh /kkjk 25 ¼th½ dk mYy?a ku gS \ ------- izkFkhZ fopkj.kh; fcUnq l[a ;k 3 %& vuqrks"k \ fopkj.kh; fcUnq l[a ;k 1 %&izkFkhZ us viuh lk{; es a fnukad 14-10-86 l s los keqfDr dh frfFk 31-7-87 rd yxkrkj 240 fnu ls vf/kd vof/k rd dk;Z djuk dgk gSA izfrijh{kk es a txnh'k izlkn lSuh us dksbZ fu;qfDr i= tkjh gksuk ugha dgk gSA izkFkhZ us izn'kZ MCY;w&2 foi{kh }kjk lgk;d Je vk;qDr dsUnzh; dksVk ds le{k izLrqr fd;s x;s izfrmRrj fnukad 3-8-94 dks iznf'kZr fd;k gSA bl izfrmRrj es a foi{kh us izkFkhZ }kjk 196 fnu rFkk 30 fnu vkWQ ds dqy 226 fnu dk;Z djuk Lohdkj fd;k gS fdarq ;g dgk gS fd pwfa d izkFkhZ us 240 fnu dh los k vof/k i.w kZ ugha dh blfy; s og fdlh vuqrks"k dk vf/kdkjh ugha gSA bl izfrmRrj ds lkFk gh ,d i= vkSj foi{kh us lya Xu fd;k gS tks izn'kZ MCY;w&2 @ 4 gSA bl i= es a izkFkhZ dh ekfld mifLFkfr rFkk vodk'k ds fnu of.kZr fd;s x;s gSA mYys[kuh; ;g gS fd bl i= es a vDVwcj 86 ekg ds mijkUr lh/ks gh fnlEcj 86 ekg dk fooj.k fn;k x;k gS rFkk uoEcj 86 es a fd;s x;s dk;Z dk fooj.k vafdr u djrs gq, yqIr dj fn;k gSA uoEcj 86 ekg dk vadu djrs gq, ;g Hkh ugha fy[kk gS fd uoEcj ekg es a izkFkhZ i.w kZ :i l s vuqifLFkr jgk gksA foi{kh dk ;g vfHkopu Hkh ugha gS fd uoEcj 86 es a izkFkhZ us dk;Z ugha fd;kA blfy; s izn'kZ MCY;w&2 izfrmRrj fnukad 3-8-94 ds vk/kkj ij ;g mi/kkfjr fd;k tkrk gS fd foIk{kh }kjk uoEcj 86 ekg es a dh xbZ izkFkhZ dh los k dk mYys[k blh dkj.k ugha fd;k x;k fd uoEcj 86 ds dk;Z fnol tksM+us ij izkFkhZ dh dqy los k vof/k 240 fnu l s vf/kd u gks tk;ssAa bl rF;kRed ifjn`'; es a tcfd foi{kh }kjk dksbZ lk{; izkFkhZ ds lk{; esa [k.Mu esa izLrqr gh ugha dh xbZ gS] eSa izn'kZ MCY;&w 2 i= ls layXu rkfydk ds vk/kkj ij 226 fnuksa es a uoEcj 86 ekg dh dk;Zvof/k 30 fnu vkSj ekurs gq, ;g fu"df"kZr djrk gq¡ fd izkFkhZ us vDVcw j 86 l s 31-7-87 rd 256 fnu foi{kh ds v/khu dk;Z fd;k gSA ekuuh; loksZPp U;k;ky; us Mk;jDs Vj fQ'kjht VfeZuy fMohtu@Hkh[kw HkkbZ es?kkth HkkbZ pkoMk ds fu.kZ; es a ;g dgk gS fd tc deZdkj nkok djas o dgs fd mlus 240 fnu dk;Z fd;k gS] rks fu;kstd ij ;g flf) Hkkj varfjr gks tkrk gS fd og deZdkj }kjk fofgr vof/k es a yxkrkj 240 fnu dk;Z u djuk izekf.kr djsaA foi{kh dh fo[kaMu lk{; ds vHkko esa mi;qZDr fu"d"kZ v[kafMr jgrk gSA 12- foi{kh us vius vfHkopu esa ;g dgha ugha dgk gS fd mUgksus a izkFkhZ dks los keqDr djus ds iwoZ dksbZ uksfVl ;k uksfVl osru ,oa NaVuh izfrdj dk Hkqxrku fd;k gksA blfy; s ;g izekf.kr gS fd izkFkhZ }kjk vf/kfu;e dh /kkjk 25 ch ¼2½ ds vuqlj.k es a ,d dSys.Mj o"kZ dh vof/k es a lsoklekfIr dh frfFk l s iow Z 240 fnu ls vf/kd vof/k rd los k dh gSA vr% ;g izekf.kr gS fd foi{kh us vf/kfu;e dh /kkjk 25 ¼,Q½ ds izko/kkuks a dk vuqikyu fd;s fcuk gh izkFkhZ dh los klekfIr voS/k NaVuh ds :i esa dhA vr% ;g fcUnq izkFkhZ ds i{k es a fuf.kZr fd;k tkrk gSA3258 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] fopkj.kh; fcUnq l[a ;k 2 %&ikz FkhZ us bl fcUnq ds lUnHkZ es a ;g dgk gS fd txjke ekyh mll s foi{kh dh lsok es a dfu"Brj Fkk ftl s los keqfDr ds ckn Hkh los k eas j[kk x;kA txjke ekyh dh dfu"Brk ds LkUnHkZ es a izkFkhZ us izn'kZ MCY;w&4] 6 vkSj 7 eLVjjksy dks vk/kkj cuk;k gSA ftles a txjke ekyh dk uke ebZ o twu 1987 ekgks a ds eLVjjksy esa izkFkhZ ds uke l s uhps vafdr gSA mDr eLVjjksy dk ijh{k.k djus ij ;g Li"V gks tkrk gS fd eLVjjksy es a fy[ks x;s uke fdlh izdkj ofj"Brk Øe es a ugha fy[ks x;s gSaA izn'kZ MCY;w&4 es a izkFkhZ ds rqjUr mij txukFk eh.kk dk uke gSA tcfd izn'kZ MCY;w&6 vkSj 7 es a Øe'k% gtkjh yky oekZ vkSj ftrsUnz izlkn ds uke vafdr gSaA blh izdkj izn'kZ MCY;w&4 es a ftl ?ku';ke dk uke Øe l[a ;k 2 ij vafdr gS mlh ?ku';ke dk uke izn'kZ MCY;w&6 esa Øe l[a ;k 10 ij fy[kk x;k gS o izn'kZ MCY;w&7 es a of.kZr gh ugha gSA bl izdkj fofHkUu eLVjjksy es a Jfedks a dk uke fHkUu fHkUu Øe l[a ;kvks a ij vafdr fd;s tkus ls ;g izekf.kr gksrk gS fd bu eLVjjksy esa vafdr Jfedks a ds uke fdlh ofj"Brk vuqØe es a ugha gaSA bu eLVjjksYl ij ;g izek.k i= Hkh vafdr ugha gS fd Jfedks a ds uke ofj"Brk vuqØe es a vafdr fd;s x;s gSA blfy;s izn'kZ MCY;w&4] 6 ,o a 7 ds vk/kkj ij Jfed txjke ekyh dk izkFkhZ ls dfu"Brj Jfed gksuk izekf.kr ugha gksrk gSA bl fLFkfr es a txjke ekyh dks fnukad 31-7-87 ds mijkUr Hkh ;fn dk;Z ij foi{kh us j[kk gks rks bls vf/kfu;e dh /kkjk 25 ¼th½ ,oa fu;e 77 dk mYya?ku ugha ekuk tk ldrk gSA bl fLFkfr esa izkFkhZ txnh'k ds vfrfjDr 'kiFk i= fnukad 10- 6-2014 ftl s 21-10-2014 dks izLrqr fd;k x;k gS es a of.kZr rF; izys[kh; lk{; ls fdlh izdkj iq"V ugha gksrs gaSA izkFkhZ us vU; dksbZ izys[kh; lk{; ftles a txjke ekyh dk s fnukad 31-7-87 ds mijkUr foi{kh }kjk fu;qDr fd;k tkuk of.kZr fd;k gks] izLrqr ugha dh gSA bl lk{; ds foops u l s foi{kh }kjk vf/kfu;e dh /kkjk 25 ¼th½ ds izko/kkuks a dk mYy?a ku izekf.kr u gksus ij ;g fcUnq izkFkhZ ds fo:) fuf.kZr fd;k tkrk gSA fopkj.kh; fcUnq l[a ;k 3 %& ikz FkhZ izfrfuf/k us izkFkhZ dk s foxr ors u lfgr los k es a cgky djus dk fuosnu fd;k o ekuuh; jktLFkku mPp U;k;ky; }kjk fMIVh QksjsLV dUtoZsVj o vU; cuke tt yscj dksVZ&ua- 2 RkFkk LVsV cSad vkWQ chdkusj ,.M Tk;iqj cuke lhthvkbZVh- t;qij ds fu.kZ;ksa dk voyac fy;k&bu fu.kZ;ksa es a ekuuh; mPp U;k;ky; us voS/k NaVuh izekf.kr gksus ij Jfed dks los k es a cgky djus o 25 izfr'kr foxr osru nsus dk funsZ'k fn;k gSA fdarq ekuuh; mPpre U;k;ky; us vius fu.kZ; ¼Loa; vf/kdj.k }kjk mn~/k`r½ 2018 ,y-,y-vkj- 1285 eSustesVa ,p- ,e- VwYl fy- @?ku';ke 'kekZ es a ;g dgk gS fd Jfed dh ,d o"kZ dh vYi los kof/k rFkk fu;kstd }kjk ;g izekf.kr u djus ij fd Jfed los klekfIr ds i'pkr ykHkkFkZ fu;ksftr jgk gS&los k esa cgkyh ds LFkku ij :- 50]000@& ,deq'r {kfrifw rZ fnyokuk mfpr gSA 13- izkFkhZ ds lEcU/k es a dksbZ fyf[kr fu;qfDr i= tkjh ugha fd;k x;k gSA izkFkhZ us ;g Hkh ugha dgk gS fd mldh fu;qfDr Lohd`r fjDr in ij fu;fer :i l s fofgr p;u izfdz;k viukr s gq, dh xbZ gksA blfy;s izkFkhZ dh fu;qfDr LFkk;h ,o a fu;fer izekf.kr ugha gksrh gSA izkFkhZ us vDVwcj 86 l s tqykbZ 87 rd ,d o"kZ l s Hkh de vof/k ;Fkk 256 fnu ek= dk;Z fd;k gSA izkFkhZ dh los keqfDr dks yxHkx 32 o"kZ i.w kZ gks pqds gSA ,Ls kh fLFkfr esa izkFkhZ dks lsok esa iqu% inLFkkfir fd;s tkus dk dksbZ fof/kd vkSfpR; ugha gSA[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3259 14- izkFkhZ us vius nkos ds vfHkdFku es a ;g ugha dgk gS fd los keqfDr ds i'pkr og cjs kstxkj jgk gks blfy; s foi{kh dks bl rF; dk [k.Mu djus dk dkbs Z volj Hkh izkIr ugha gqvk gSA izkFkhZ us viu s vfrfjDr dFku fnukad 9-2-2011 es a Hkh los keqfDr ds i'pkr vfu;ksftr jgus ;k dksbZ /kukZtu u djus dk dFku ugh fd;k fdUrq vius lk{; 'kiFki= es a ;g dgk gS fd los keqfDr dh frfFk l s og cjs kstxkj gS vkSj dkQh iz;kl ds ckn Hkh ml s jkstxkj ugha feykA izFke rks vfHkopu ds vHkko es a lk{; fof/kr% xzkg; ugha gaS] nwljs izfrijh{kk es a izkFkhZ us vius gh dFku dk [k.Mu djrs gq, orZeku esa etnwjh djuk Lohdkj fd;k gS fdUrq ;g Li"V ugha djok;k x;k gS fd ml s tks ikfjJfed fey jgk Fkk og mll s de vftZr dj jgk gS ;k vf/kdA ,ls h fLFkfr es a izkFkhZ dk s los k es a iqu% inLFkkfir fd;s tkus vkSj foxr ors u dk Hkqxrku djokus ds LFkku ij ,deq'r /kujkf'k izfrdj ds :i es a fnyok;k tkuk U;k;ksfpr izrhr gksrk gSA izkFkhZ 13 :i;s izfrfnu dh nj l s nSfud osru Hkksxh FkkA bl U;uw nj dks orZeku eqnzkLQhfr ,o a egxkabZ ds ifjizs{; es a n`f"Vxr j[krs gq, izkFkhZ dk s ,deq'r izfrdj ds :Ik eas ipkl gtkj :i;s foi{kh ls fnyok;k tkuk mfpr gSA 15- vr% Je eU=ky; dsUnz ljdkj }kjk izsf"kr fookn dk izfrmRrj nsrs gq, foi{kh }kjk fnukad 31-7-87 dks dh xbZ izkFkhZ dh los klekfIr vf/kfu;e dh /kkjk 25 ¼,Q½ ds izko/kkuks a ds foijhr izekf.kr gksrh gS fd Urq izkFkhZ dks los k es a iqu% LFkkfir fd;s tkus ds LFkku ij foi{kh l s ipkl gtkj :i;s izfrdj fnyok;s tkus dk vf/kfu.kZ; ikfjr fd;k tkrk gSA foi{kh bl jkf'k dk Hkqxrku rhu ekg es a izkFkhZ dks djas vU;Fkk izkFkhZ bl jkf'k ij ukS izfr'kr okf"kZd C;kt nj l s Hkqxrku fd;s tkus rd C;kt Hkh izkIr djus dk vf/kdkjh gksxkA 16- vf/kfu.kZ; rn~uqlkj ikfjr fd;k tkrk gSA Je eU=ky; }kjk bl ekeys esa U;k;fu.kZ;u gsrq lanfHkZr fookn dk mRrj mi;qZDrkuqlkj fn;k tkrk gSA 17- vf/kfu.kZ; dh izfrfyfi dsUnzh; ljdkj dks vkS|ksfxd fookn vf/kfu;e 1947 dh /kkjk 17 ¼1½ ds vUrXkZr izdk’kukFkZ izsf"kr dh tkoAs jk/kk eksgu prqoZsnh] ihBklhu vf/kdkjh नई दिल्ली, 21 दिसम् बर, 2020 का.आ. 1110.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण म ें केन्री सरकार मेससल मिाजनििे क, (व्‍सल) सीपीडब्ल् डू ी, नई दिल्ली और अन् एव ं उनके कमलचारी के प्रबंितंत्र के संबद्ध जन ोिकों और उनके कमलकारों के बीच अनुबंि में जनर्िष्टल औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , नई दिल्ली -1 के पंचाट (संिभल सं्‍ ा 182/2015) को प्रकाजित करती ि ज िो केन्री सरकार को िाडल और सॉफ्ट कॉपी 21.12.2020 को प्राप्त हुए े । [स.ंएल-42011/91/2015 -आईआर-(डी )ू ] डी. के. जिमांिु, अवर सजचव New Delhi, the 21st December, 2020 S.O. 1110.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Ref. No. 182/2015) of the Central Government Industrial Tribunal cum-Labour Court New Delhi -1 as shown in the Annexure, in the Industrial dispute between the employers3260 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] in relation to The Director General, (Works) CPWD, New Delhi & Others, and their workmen which were received by the Central Government with Hard and Soft Copy on 21.12.2020. [No. L-42011/91/2015-IR (DU)] D. K. HIMANSHU, Under Secy. ANNEXURE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, NEW DELHI Present: Smt. Pranita Mohanty, Presiding Officer, C.G.I.T.-Cum-Labour Court-II, New Delhi. INDUSTRIAL DISPUTE CASE NO. 182/2015 Date of Passing Award- 20th February, 2020 Between: Smt. Rani W/o Bishan, Represented by the General Secretary, CPWD Mazdoor Union Room No. 95, Barracks No.1/10, Jam Nagar House, Shahjahan Road, New Delhi- 110011. … Claimant Versus Director General, (Works) CPWD, Nirman Bhawan, New Delhi-110001. …Management Appearances:- Shri B. K. Prasad (A/R) : For the claimant None for the management (A/R) : For the Management AWARD The Government of India in Ministry of Labour & Employment has referred the present dispute existing between employer i.e. the management of CPWD, and its workman/claimant herein, under clause (d) of sub section (1)and sub section (2A) of section 10 of the Industrial Dispute Act 1947 vide letter No. L-42011/91/2015 (IR(DU) dated 20.08.2015 to this tribunal for adjudication to the following effect. “Whether Smt. Rani W/o Shri Bishan is entitled to be regularized as Sweeper in Group D category and if so from which date and what direction are necessary in this respect?” As stated in the claim statement the claimant Rani is working as a part time sweeper with the management since the year 1987 and the current remuneration paid to her is 1300/- per month. CPWD is an establishment covered under the schedule of Employment of Minimum Wages Act 1948 as it discharges the function like construction and maintenance of Roads, Buildings, etc. As such the persons employed in this management for work are entitled to the minimum wage notified by the government from time to time in respect of the work done by them. Under the provisions of section 15 of the Minimum Wages Act if an employee whose minimum rate of wage has been fixed under this Act by the day works on any day on which he is employed for a period of less than the requisite numbers of hours constituting a normal working day, he shall be entitled to receive wages in respect of the work done by him on that day as if he had worked for a full normal working day. Thus, the action of the management describing the claimant as a part time sweeper and thereby, denying him the minimum wage of an unskilled worker or the pay scale given to the regular sweeper amounts to unfair labour practice. In the year 1986 the Hon’ble Supreme Court of India in the matter of surrender Singh and others vs. Engineer in Chief CPWD while dealing with unfair labour practice had directed for regularization of all such workers working as casual workers by launching a special scheme. While implementing the judgment of the Hon’ble Supreme Court the management created 8982 posts in different categories in the work charge establishment of CPWD and regularized the persons w.e.f 30.09.1992. Though as per the said judgment the claimant is entitled to regularization of her service in Group D category, the management in total defiance of the direction of the Supreme Court and different circulars issued at different times by the Ministry of Home Affairs and DOPT discriminated the workman. Though persons standing in the same footing with that of the claimant[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3261 have been regularized in service. It has also been stated that the claimant was selected as a sweeper in the year 1987 pursuant to notification of the vacancy in the notice board and after qualifying in the interview. Thus, as per the judgment of the Hon’ble Apex Court in the case of Surinder Singh vs. Engineer in Chief CPWD she is entitled to regularization of service and equal pay for equal work. By citing various circulars of the government issued from time to time the claimant has prayed that he has been subjected to unfair labour practice and discrimination by the management. A direction need to be issued to the management to regularize her as a sweeper in Group-D category and to pay her salary at par with the regular employees drawing in the same post. The further prayer is that the direction should be given for regularization w.e.f 30.09.1992. The management CPWD filed WS refutting the claim of the workman. It has been stated in the WS that the claimant is working as a part time sweeper since the year 1987 and the nature of work discharged by him hardly justifies one or two hours in a day. Accordingly she was being paid remuneration for such part time work on hand receipt. She had never worked as a temporary/casual or muster roll employee. Being a part time worker she was working in the Electrical Construction Division-IV CPWD and at times in other division too. She was not appointed being sponsored by the employment exchange nor had ever enrolled herself in the employment exchange. Thus, she has not fulfilled the minimum requirement to be appointed against any Group-D post of the Central Government Office or establishment. It has also been stated that no discrimination has been shown to the claimant in respect of payment of remuneration as she is being paid for the hours of the work done on hand receipt. On 11.03.2011 CPWD had issued an order as one time measure for regularization of muster roll/hand receipt and casual workers of CPWD and the case of the workman being found not eligible, her service was not regularized. While citing the judgment of the Hon’ble Apex Court in the case of State of Karnatak vs. Uma Devi the stand taken by the management is that the claimant since had made a back door entry is not entitled to regularization of her service. It has also been stated that the claimant admittedly had started working for CPWD in the year 1987 and the scheme was launched for regularizing the service of those persons engaged before 07.05.85. Hence the judgment of Surinder Singh has no applicability for the claim of the present claimant. Thereby the management has pleaded for dismissal of the claim petition in view of the judgment of the Apex Court in the case of State of Karnatak vs. Uma Devi. On the rival pleading the following issues were framed for adjudication. ISSUES 1. Whether the claim petition by the workman is misconceived and not legally maintainable in view of the various preliminary objections. 2. In terms of reference. The claimant examined herself as WW1and filed a series of documents marked as WW1/1 to WW1/9. In addition to that she has also filed photocopies of several circular marked as F,G,H and I. On behalf of the management its Executive Engineer testified as MW1 and proved the documents MW1/1 to MW1/6. FINDINGS ISSUE No. 1 In order to answer this issue it is necessary to decide whether the workman was appointed as a part time sweeper or she is entitled to be held as a full time sweeper. Management has admitted that the claimant is working in Electrical Construction Division-IV CPWD since the year 1987. Whereas the claimant has stated that she is working as a full time sweeper the management has taken a stand describing her as the part time sweeper. Thus, it is to be seen if the management is justified in describing the claimant as a part time sweeper and thereby denying her the daily rated wage payable to a sweeper as per the government notification. The claimant in his oral testimony has stated that she is working for the management continuously since the year 1987 and getting Rs. 1300/- per month only as the management has given her the name of part time sweeper. When the other persons engaged for sweeping by the management are getting the full wage she has been denied on the plea of part time sweeper. She has further stated during cross examination that her work as a sweeper starts from 08.00 AM and ends at 09.00 A.M during which she has to cover 10 to 12 rooms and toilets every day. For the remaining hours of the day she remains in the office and attends the directions given by the employer. Of course no document has been filed by the claimant to prove that she remains present and works during the regular office hours. In this regard the workman has explained that no record of arrival and departure is being maintained though she used to put her signature on the attendance register daily. This statement of the claimant has not been denied by the management. Thus from the evidence it is evidently clear that the claimant is working for the management since the year 1987 and attending the work of sweeping. There is no document about the engagement of the claimant as a part time sweeper. But the hand receipts and payment3262 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] vouchers filed by the management describes the claimant as a part time sweeper. Thus, it is necessary to examine whether such description will influence the entitlement of the claimant. The Ld. A/R for the claimant pointed out that the state government from time to time notifies the minimum wage payable to the daily rated workers. In the said notification there is no mention about part time or full time workers. Moreover the establishment of CPWD engaged in construction and maintenance of Road and Buildings is dealing with scheduled employment as per section 2(g) of the Minimum Wages Act 1948. The provision of section 15 of the said Act provides that if for an employee a minimum rate of wage has been fixed under this Act by the day work and or any day for which he is employed to work would get the minimum wage as notified by the government. If for the Scheduled employment somebody works for a period of less than the requisite number of hours constituting a normal working day, he shall save as otherwise provided, be entitled to receive wages in respect of the work done by him on that day as if he had worked for a normal working day. This provision is subject to the exception where the workman fails to work for the normal working hours for his unwillingness and not by the omission of the employer to provide him with the work. Taking assistance of the provision of section 15 of the Minimum Wages Act the Ld. A/R submitted that the CPWD since providing scheduled employment cannot retain the claimant as a part time sweeper and such description given to her is only designed to deprive her of the legitimate dues. On behalf of the management no evidence has been laid to show that the CPWD is authorized to engage part time workers and pay them less than the minimum wage payable to the daily rated workers. Thus, it is concluded that the claimant is working for the management since 1987 and she has been denied the minimum wage payable to the full time sweeper which has been admitted by the management. The Hon’ble Supreme Court of India in the case of Surinder Singh and another vs. The Engineer in Chief CPWD and others reported in ATR 1986 SC Page 76 have clearly held in the following manner:- “Equal pay for equal work- daily rated employee performing the same duty if entitled to be paid the same salary and allowances as are paid to the regular and permanent employee- principle for equal pay for equal work if not an abstract or vital and vigorous doctrine? The petitioners and all other daily rated employee were directed to be paid the same salary and allowances as are paid to regular and permanent employee w.e.f the date when they were respectively employed? And express the hope that the government would take appropriate action to regularize the service all those who have been in continuous employment for more than 6 months.” In this case it is thus held that the claimant/workman since working as a full time sweeper since the year 1987 but not getting the wage at par with the regular sweepers working for the CPWD is entitled to equal pay at par with the regular employees employed as sweepers. The next question is whether the workman is entitled to be regularized as a sweeper in the Group D category of the management? In the written statement the management has taken a serious objection that she was neither employed before 1985 to be exempted from being sponsored through the Employment Exchange nor her engagement in the year 1987 was through the Employment Exchange. As such she is not entitled to be regularized as per the direction of the Hon’ble Supreme Court in the case of Surinder Singh referred supra. The further stand taken by the management is that the CPWD in compliance to the direction of the Hon’ble Supreme Court had launched a scheme for regularization of the muster roll/hand receipt casual workers of CPWD. An order to that effect was issued on 11.03.2011. During that time the claimant was found not eligible and as such her name was not included in the list. In reply the Ld. A/R for the workman pointed out that in the case of Surinder Singh vs. CPWD refereed supra the Hon’ble Supreme Court had directed for paying equal remuneration for equal work and also for regularizing the service of the causal workers by launching a scheme. Even prior to that the Ministry of Home Affairs had issued a memorandum bearing no. 16/05/68-ESST (D) dated 05th July 1968 giving a clear direction that the part time casual labours who were recruited in an office directly, without being referred by the Employment Exchange and who are working on the date of issue of this office memorandum should not be considered for appointment to the regular establishment unless they get themselves registered with the Employment Exchange, rendered continuous service as a part time casual worker for a minimum period of 4 years from the date of registration or subsequently sponsored by the Employment exchange. But this circular is not applicable to the claimant since she was never a part time sweeper nor the management is authorized to engage part time sweeper. The Ld. A/R representing the management strenuously argued on the basis of this office memorandum to say that in the year 1988 when the judgment of Surinder Singh was implemented and the Ministry of DOPT had issued a office memorandum to that effect on 7th June 1988 and the Ministry of Labour and Employment also issued a notification in the same line on 23rd August 1988 the claimant since was found not eligible, left out of regularization.[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3263 It is true that in the office memorandum of Ministry of Home Affairs dated 5th July1968 a line has been drawn between the persons sponsored by the Employment Exchange and not sponsored by the Employment Exchange. But that circular has lost its force since the Hon’ble Supreme Court in the case of Excise Superintendent, Malkapatnam Krishna District vs. K.B.N Visweshwara Rao and others reported in 1987- 1LLJ 545SC, have clearly held that the selection of the candidate through the Employment Exchange alone is not proper. Simultaneous public notification through public newspapers, notice board etc need to be made for wide circulation to consider the cases of all the candidates desirous to apply. If this procedure is adopted fair play would be sub served. The workman of this case in his oral testimony has stated that pursuant to a notice published in the notice board she made application and her selection was made before appointment. No appointment letter has been filed by the workman. But that would not defeat the stand taken by the appellant since it is a fact commonly noticeable that the management/ government offices never issue appointment letter/engagement letter to the persons engaged as daily wager or casual workers. Thus it is held that the claimant/workman was engaged in work pursuant to a notice issued in the notice board and she cannot be deprived of her right of regularization solely on the ground that her name was not sponsored by the employment exchange. From the documents filed by the workman and marked as WW1/2 it is found that on 06.07.1988 DOPT had issued a guideline for regularization for engagement of casual workers and as per the said guideline casual workers can be engaged for work of casual nature and not of fulltime nature or for which regular post can be created. As per the said guideline were the nature of work entrusted to casual worker and regular employee is the same the casual worker may be paid @1/30th of the pay at the minimum of the relevant pay scale plus DA and the regularization of service of the casual workers will continue to be governed by the instruction issued by that department in that regard. Again the C and A.G New Delhi in their letter No. 891-N dated 9th March 1994 issued a circular on the subject of recruitment of casual labourers on daily wage basis. According to that circular which has been filed by the workman, recruitment of the daily wage casual labour can only be made for work which is of casual or seasonal or intermittent nature and the work which cannot be entrusted to Group D employee. But as per the statement and evidence adduced by both the parties in this proceeding the claimant Rani was engaged as a casual worker of Sweeper which is not of seasonal or intermittent nature but of regular nature which can be entrusted to group D employees. In this regard the Ld. A/R for the claimant drew the attention of the tribunal to the order passed by the Hon’ble Principal Bench of CAT New Delhi in the case of Raj Kamal and others vs. Union of India wherein the Hon’ble CAT have observed in clear terms that while the existing guideline contained in office memorandum dated 07.06.1988 of DOPT may continue to be followed, the casual employees presently employed and have rendered one year of continues service in Central Government Offices other than the department of the Telecom Post and Railways may be regulated by the scheme formulated by the government for that purpose. The Government of India in the department of personal and training framed a scheme in the name of Casual Labourers (grant of temporary status and regularization) Scheme of Government of India 1993 which came into force on 01.09.1993. As per the scheme temporary status would be conferred on all casual labourers in employment of the Ministry and Department of Government of India who are in employment on the date of issue of the office memorandum and who have rendered a continuous service of at least one year which means that they must have been engaged for a period of at least 240 days in a calendar year. Pointing out to the said scheme the Ld. A/R for the workman submitted that clause 4(ii) confers temporary status on those casual labourers who have completed 240 days in a calendar year without reference to the creation/ availability of regular Group D post. Thus he submitted that the evidence adduced on record by the claimant and the document placed on record by the management which are in the nature of several hand receipts and copies of the cash register have clearly proved that since the year 1987 the claimant is working as a sweeper with CPWD, but not getting the minimum wage and has completed 240 days in a calendar year, thereby making himself entitled to get the benefit of the scheme launched for the casual labours in the year 1993. It is a settled principle of law that the initial burden lies with the casual labours/daily wager to show that he had worked continuously for 240 days in a year. Once the said primary burden is discharged, the burden shifts upon the management to disprove the same. In this case the claimant has claimed about the continuous work done by her with the management since the year 1987. She has also filed copies of the hand receipt to support the stand that she has worked for 240 days in a calendar year. The said burden being discharged, it was upon the management to disprove the same. But the documents which are the hand receipts and the cash register filed by the management rather corroborate the stand of the claimant in this regard. The similar view has been taken by the Hon’ble Supreme Court recently in the case of Superintending Engineer TWAD and another vs. M. Natesan and others reported in (2019)2SCC (Land S) 160. Thus all these circulars and the evidence taken together lead to a conclusion that the workman since working continuously from the year 1987 and discharging3264 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] permanent nature of work as a sweeper is entitled to be conferred temporary status as per the circular of DOPT dated 07th June 1988. Not only that she is also entitled to grant of temporary status and regularization as per the scheme of Government of India 1993 effective from 01.09.1993. In the case of Surinder Singh and Another vs. CPWD the Hon’ble Supreme Court way back in the year 1986 had issued a clear guideline for grant of equal pay for equal work and to regularize the service of all those who have been in continuous employment for more than 6 months. It is also seen that the CPWD for implementation of the said order had issued an office memorandum on 21.10.1990 directing equal pay for equal work to the daily rated workers. Admittedly the present claimant though discharging permanent nature of work and entitled to temporary status has not been paid monthly emolument admissible to her regular counter parts. This is in total violation of the office memorandum dated 21.10.1990 of CPWD and the scheme launched by DOPT for grant of temporary status and regularization of casual workers. Furthermore the Hon’ble CAT Principle Bench Delhi by its order dated 16.02.1990 in the case of Raj Kamal and others referred supra gave a clear direction to follow the OM dated 07.06.1988 and to grant temporary status to the casual employees who are in continuous service of the Central Government as per the scheme. The same has not been complied by the CPWD. The only stand taken by the management is that the claimant was not sponsored by the employment exchange is not accepted in view of oral testimony of the claimant that her engagement was made pursuant to a notice published in the notice board and in view of the judgment rendered by the Supreme Court in the case of Excise Superintendent Malkapuram referred supra holding that inviting names from the Employment Exchange alone would not be sufficient in case of public employment, it is held that the claim filed by the workman is not misconceived and maintainable. She is entitled to be conferred with temporary status and regularization as sweeper in Group D category in CPWD w.e.f 30.09.1992 as per the policy of the regularization adopted by the management CPWD. This issue is accordingly answered in favour of the claimant. ISSUE No. 2 In view of the finding reached in respect of issue no.1 it is held that the claimant is entitled to be regularized in service w.e.f. 30.09.1992 and entitled to pay at par with the counterpart regular employee from that day alongwith all other consequential service benefits since she has not attained the age of superannuation during pendency of this dispute. Hence, ordered. ORDER The claim be and the same is answered in favour of the workman. The management Director General CPWD is directed to regularize the service of the claimant w.e.f 30.09.1992 and pay her the pay at par with the counterpart regular employees from that day. It is further directed that the instruction given in this award shall be implemented within 3 months from the date when the award would become executable and the financial benefits shall be granted to her without interest within 2 months from the date of the regularization failing which the accrued amount shall carry interest @6 % per annum from the date of publication of the award till the final payment is made. Send a copy of this award to the Appropriate Government for notification as required under section 17 of the ID act 1947. The reference is accordingly answered. Dictated & Corrected by me. Smt. PRANITA MOHANTY, Presiding Officer नई दिल्ली, 22 दिसम् बर, 2020 का.आ. 1111.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण म ें केन्री सरकार मेससल एटीसी, टेलीकॉम इन्रास्ट्र्‍चर, बैंगलोर (कनालटक), और अन् एव ं उनके कमलचारी के प्रबिं तंत्र के संबद्ध जन ोिकों और उनके कमलकारों के बीच अनुबंि म ें जनर्िष्टल औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एव ं श्रम न् ा ाल , बैंगलोर के पंचाट (संिभल सं्‍ ा 16/2019) को प्रकाजित करती ि ज िो केन्री सरकार को 07.12.2020 को प्राप्त हुए े । [स.ं एल- 40011/19/2019 -आईआर-(डी )ू ] डी. के. जिमांिु, अवर सजचव[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3265 New Delhi, the 22nd December, 2020 S.O. 1111.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947) the Central Government hereby publishes the award (Ref. No. 16/2019) of the Central Government Industrial Tribunal-cum Labour Court, Bangalore as shown in the Annexure, in the Industrial dispute between the employers in relation to The ATC, Telecom Infrastructure, Bangalore (Karnataka) & Others, and their workmen which were received by the Central Government on 07.12.2020. [No. L-40011/19/2019-IR (DU)] D. K. HIMANSHU, Under Secy. ANNEXURE BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BANGALORE DATED : 20TH NOVEMBER, 2020 PRESENT : JUSTICE SMT. RATNAKALA, Presiding Officer CR 16/2019 I Party II Party The President, The Management of ATC American Telecom Tower Telecom Infrastructure, Corporation Technician At HMT Tower, 1st Floor, Karnataka, Suri Bhavan, Magrath Road Junction, No. 40/5, 2nd ‘B’ Main, Brigade Road, Ashoknagar, 16th Cross, Sampangiram Nagar, Bangalore - 560001. Bangalore - 560027. Appearance : Advocate for I Party : None Advocate for II Party : None AWARD The Central Government vide Order No. L-40011/19/2019-IR(DU) dated 06.11.2019 in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section2(A) of Section 10 of Industrial Dispute Act, 1947 (for brevity ‘the Act’ hereafter) referred the following Industrial Dispute for adjudication. ‘Whether the workmen engaged by third Party contractors and their un-recognised technicians’ Union is justified in claiming that they are the employees of the ATC Telecom Infrastructure Pvt. Ltd. and are entitled to be treated and benefitted as regular employees. If not, what relief the three workmen are entitled to?’ 1. Though served 1st Party did not appear to prosecute their claim. Manager (Legal) of the 2nd Party appeared on 02.01.2020. Thereafter there is no representation for the 2nd Party. Respective Statements are not filed by them. 2. In the circumstances it is inevitable to answer that 1st Party did not justify their claim before this Tribunal that workmen engaged by 3rd Party Contractors and their un-recognised technicians are the employees of the ATC Telecom Infrastructure Private Limited. Hence, they cannot be treated and benefitted as regular employees of the 2nd Party. AWARD The Reference is rejected. (Dictated to o/s Steno, transcribed by her, corrected and signed by me on 20th November, 2020) Justice Smt. RATNAKALA, Presiding Officer3266 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] नई दिल्ली, 23 दिसम् बर, 2020 का.आ. 1112.—केन् र सरकार, रािभाषा (सघं के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 ( ा संिोजित, 1987) के जन म 10 के उप-जन म (4) के अनुसरण म,ें श्रम और रोिगार मंत्राल के प्रिासकी जन ंत्रणािीन जनम्न जलज त का ालल को, जिनके 80 प्रजतित से अजिक कमलचारर ों ने जिन्ि ी का का लसािक ञानान प्राप् त कर जल ा ि,ज एतिद्वारा अजिसूजचत करती ि ज 1. कमचल ारी भजव्‍ जनजि सगं न क्षत्रे ी का ालल , गप ु ग्राम (पजश्च म) [सं. ई-11016/1/2017-रा.भा.नी.] गोपाल प्रसाि, आर् लक सलािकार New Delhi, the 23rd December, 2020 S.O. 1112.—In pursuance of Sub-Rule (4) of Rule 10 of the Official Languages (Use for official purposes of the Union) Rules, 1976 (as amended, 1987) the Central Government hereby notifies the following office under the administrative control of the Ministry of Labour & Employment, more than 80% Staff whereof have acquired working knowledge of Hindi:— 1. Employee's provident fund organization, Regional Office, Gurugram (West). [No. E-11016/1/2017-RBN] GOPAL PRASAD, Economic Adviser ubZ fnYyh] 24 fnlEcj] 2020 का.आ. 1113.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k eas dsUnzh; ljdkj fHkykbZ LVhy IykaV ds izca/kra=] lac) fu;kstdkas vkSj muds deZdkjkas ds chp vuqca/k eas fufnZ’V vkS|ksfxd fookn eas dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la- 12@2010½ dk s izdkf'kr djrh gS tk s dsUnzh; ljdkj dks 24-12-2020 dk s izkIr gqvk FkkA [la- ,y-26012@7@2009-vkbZvkj ¼,e½] uohu oS|] mi funs'kd New Delhi, the 24th December, 2020 S.O. 1113.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 12/2010) of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the management of Bhilai Steel Plant, and their workmen, received by the Central Government on 24.12.2020. [No. L-26012/7/2009-IR(M)] NAVIN VAIDYA, Dy. Director ANNXURE BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR NO. CGIT/LC/R/12/2010 Present: P. K. Srivastava, H.J.S..( Retd) Shri Chandra Prakash Street No.5, Qtr.No.254, Shanti Nagar, Bhilai, Durg (C.G) …Workman[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3267 VERSUS The Deputy General Manager, SAIL, Bhilai Steel Plant, Dalli Mechanical Mines, Dalli Rajhara Durg (C.G.) …Management AWARD (Passed on this 18th day of December 2020) 1. As per letter dated 8-1-2020 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No. L-26012/7/2009-IR(M)The dispute under reference relates to: “Whether the action of the management of Bhilai Steel Plant in terminating the services of Shri Chandra Prakash vide order No.OMQ/DLM EST/2007/294 dated 30/1/2007 is just and legal? To what relief the workman concerned is entitled to and from which date .” 1. After registering the case on the basis of reference, notices were sent to the parties. The parties have filed their respective claim/defence. 2. According to the workman deceased since now, he was appointed as Operator-cum-technician on 1-11-1995. During the course of his service, he was terminated from service vide order dated 30-1-2007 issued by the Deputy General Manager on the charge of willful unauthorized absence. No inquiry was conducted; hence the action of the Management is against law. He has prayed the relief of his reinstatement in service with all service benefits, setting aside his dismissal. 3. The case of the Management is that the workman committed serious misconduct, willful and habitual absence of duty without leave during the course of his employment. He was issued a charge sheet dated 20-3-2006. He did not submit any reply. The Management decided to conduct an inquiry and an Inquiry Officer as well as Presenting Officer were nominated. The workman participated in the inquiry and the Inquiry Officer submitted the inquiry report after inquiry, wherein he held the workman guilty of habitual, willful and unauthorized absence from duty on the basis of admissions of the workman which were made during the inquiry. The Disciplinary Authority agreed with the findings of the inquiry and passed the order of dismissal from service vide order dated 30-1-2007. The workman was earlier punished for misconduct at several times, details mentioned in para-6 of the written statement of defense by the Management. According to the Management, the charges attracted the punishment of dismissal, therefore the Management prayed that the reference be answered against the workman. 4. On the basis of pleadings, following issues were framed by my Learned Predecessor vide his order dated 26-10-2016:- Issue No.1:- Wheather enquiry conducted against workman is just, proper and legal? Issue No. 2:-Wheather, misconduct alleged against workman are proved from evidence adduced in enquiry proceedings? Issue No. 3:- Wheather, punishment of removal from services of workman is just, proper and legal? Issue No. 4:- If not, to what relief the workman is entitled to? 5. ISSUE NO. 1 Issue No.1 was taken as preliminary issue. The workman did not produce any evidence. The Management produced its witnesses and filed affidavit which is un-cross-examined. The Management also proved documents of inquiry Exhibit M-1 to M-5. 6. Vide his order dated 26-7-2017 my learned Predecessor held the departmental inquiry legal and properly conducted. Accordingly Issue No.1 is decided against the workman. His this order is part of the award. Issue No.1 is decided accordingly. 7. Parties were given opportunity to lead evidence/hearing on remaining issues. None of the parties filed any evidence. The workman died during this period and his legal heirs were substituted on record. 8. I have heard Shri A.K.Shashi, Learned Counsel for the Management. None appeared from the side of the workman. I have perused the record as well.3268 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 9. ISSUE NO. 2: From the documents M-1 to M-5 proved by Management witness when read in the light of management witness, the charge of habitual/ willful absence is proved. The workman himself has also admitted this charge which is clear from his statement before the Inquiry Officer, copy proved as Exhibit M-4, hence there is nothing to show that the finding of the Inquiry Officer regarding proof of the charge of misconduct as stated above is unjustified in fact and law. Accordingly, affirming the findings of the Inquiry Officer, the charge of misconduct in the form of habitual , willful and unauthorized absence is held proved against the workman. Issue No.2 is decided accordingly. 10. ISSUE NO.3:- According to the Management the workman is guilty of unauthorized and willful absence on earlier occasions also, details of which are mentioned in paragraph-6 of the written statement which is being reproduced as follows:- For willful and habitual absence:- 1. Suspension without wages for a period of four days from 28-8-2003 to 31-8-2003 by order dated 23-8-2003. 2. Reduction by one stages in the time Scale for a period of one year with cumulative effect by order dated 8-1-2004. 3. Reduction by two stages in the time scale for a period of two years with cumulative effect by order dated 19-12-2005. OTHER MISCONDUCT: 4. Reduction by two increments in the time scale for a period of one year without cumulative effect by order dated 22-7-2006 for the misconduct of fraud or dishonesty in connection with company’s business or property. 11. The settled preposition of law is that this Tribunal does not sit as an Appellate Authority on the order passed by the Disciplinary Authority and punishment awarded can be interfered with when it is shockingly dis- proportionate to the charge. In the case in hand, keeping in view the previous misconduct as mentioned and proved the punishment cannot be said to be so excessive to be categorized as shockingly dis-appropriate to the charges. Hence, holding the punishment not unjustified and excessive, Issue No.3 is decided against the workman. 12. ISSUE NO.4:- In the light of the findings recorded earlier, the workman is held entitled to no relief. Issue No. 4 is decided accordingly. 13. Accordingly, On the basis of the above discussion, following award is passed:- A. The action of the management of Bhilai Steel Plant in terminating the services of Shri Chandra Prakash vide order No.OMQ/DLM EST/2007/294 dated 30/1/2007 is justified and legal. B. The workman is held entitled to no relief. 14. Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules. DATE: 18.12.2020 P. K. SRIVASTAVA, Presiding Officer ubZ fnYyh] 24 fnlEcj] 2020 का.आ.1114.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k eas dsUnzh; ljdkj fHkykbZ LVhy IykaV ds izca/kra=] lac) fu;kstdksaa vkSj muds deZdkjksa ds chp vuqca/k eas fufnZ’V vkS|ksfxd fookn eas dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la- 24@2016½ dk izdkf'kr djrh gS tk s dsUnzh; ljdkj dks 24-12-2020 dk s izkIr gqvk FkkA [la- ,y-26011@3@2016-vkbZ vkj ¼,e½] uohu oS|] mi funs'kd[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3269 New Delhi, the 24th December, 2020 S.O. 1114.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 24/2016) of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the management of Bhilai Steel Plant, and their workmen, received by the Central Government on 24.12.2020. [No. L-26011/3/2016-IR(M)] NAVIN VAIDYA, Dy. Director ANNXURE BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR NO. CGIT/LC/R/24/2016 Present: P. K. Srivastava, H.J.S..( Retd) The President Jai Sharam Shakti Refinery Thekedar Workers Union, 136/4, Bishan Swaroop Colony, Near Labour Office Panipat, Haryana. …Workman Versus The Executive Director(P) Bhilai Steel Plant, Equipment chowk, 2nd Floor, Ispat Bhawan, P.O.-Bhilai, durg (CG-490001) …Management AWARD (Passed on this 16th day of December 2020) 1. As per letter dated 15-17/2/2016 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-26011/3/2016-IR(M). The dispute under reference relates to: “Whether the action of the management of Bhilai Steel Plant, Bhilai in revising the Leave Encashment Rule without complying with the provision of the Sec.9A of Industrial Dispute Act,1947 is legal and justified? If not, what relief the workmen are entitled to .” 1. After registering the case on the basis of reference, notices were sent to the parties. 2. The notices to workman union were received back with a an endorsement that President of Union was not found residing on the address given as is mentioned in the ordersheet dated 27-4-2017. It was further ordered by my learned Predecessor on 27-4-17 that notices be served through Management and date 12-7-2017 was fixed. On that date, as it appears from the perusal of the ordersheet, Management filed a xerox copy of a report stating that no such Union was functioning with their establishment. Again registered notice were sent to the Workman/Union through Management which was returned unserved with the endorsement that no such addressee was found on the said address. There was no other address mentioned in the reference. Copy of the reference order sent by the appropriate Government to the parties including the workman/union who raised the dispute, in these circumstances, holding that the workman/Union had knowledge of the pendency of the reference and they did not appear inspite of knowledge that the case was ordered to be proceeded ex-parte against the workman/Union vide order dated 1-7-2019. 3. The Management filed its written statement of defense wherein it was pleaded that no dispute with the Management regarding change of Encashment Rules was ever raised by the President of the said Union. The Encashment rules are applicable to the regular employee of the Management and not to the Contractor’s employee. In fact there is no Industrial Dispute as defined under Section 10 of the Industrial Disputes Act,1947 with the answering Management and accordingly it was prayed that the reference be answered against the workman/Union. 4. Affidavit of Management witness was filed support. 5. At the time of argument, none was present from the side of the workman/Union, hence arguments of learned counsel for Management Shri A.K.Shashi were heard. I have gone through the record as well.3270 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] 6. The Reference is the point in issue in the case in hand. 7. The initial burden to prove its case lies on the party who asserts it. In this case the burden lies on the workman/Union in which they have utterly failed. Hence the reference is liable to be answered against the workman/Union. 8. On the basis of the above discussion, following award is passed:- A. The action of the management of Bhilai Steel Plant, Bhilai in revising the Leave Encashment Rule without complying with the provision of the Sec.9A of Industrial Dispute Act,1947 is held to be legal and Justified. B. The workman is held entitled to no relief. 9. Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules. DATE: 16.12.2020 P. K. SRIVASTAVA, Presiding Officer ubZ fnYyh] 24 fnlEcj] 2020 का.आ. 1115.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k eas dsUnzh; ljdkj fHkykbZ LVhy IykaV ds izca/kra=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k eas fufnZ’V vkS|ksfxd fookn eas dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la- 49@2019½ dk s izdkf'kr djrh gS tk s dsUnzh; ljdkj dks 24-12-2020 dk s izkIr gqvk FkkA [la- ,y-26011@21@2017-vkbZ vkj ¼,e½] uohu oS|] mi funs'kd New Delhi, the 24th December, 2020 S.O. 1115.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 49/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the management of Bhilai Steel Plant, and their workmen, received by the Central Government on 24.12.2020. [No. L-26011/21/2017-IR(M)] NAVIN VAIDYA, Dy. Director ANNXURE BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR NO. CGIT/LC/R/49/2019 Present: P. K. Srivastava, H.J.S..( Retd) The President, Metal Mines Workers Union (INTUC) Nandni Branch, Qtr.No.37/B, Street No.7, Bhilai Nagar, District Durg, Chhattisgarh-490006. …Workman Versus The Executive Director (Mines) M/s Bhilai Steel Plant, SAIL, Post Bhilai, District-Durg, Chhattisgarh-490001. …Management[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3271 AWARD (Passed on this 15th day of December 2020) 1. As per letter dated 25-4-2019 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section-10 of I.D.Act, 1947 as per Notification No. L-26011/21/2017-IR(M) The dispute under reference relates to: “Whether the action of the management of Nandini Mines, Bhilai Steel Plant(SAIL) in withholding the promotion of Shri Umesh Kumar Mishra, Union President and neglecting & discriminating the Office bearers Shri Umesh Kumar Mishra, Union President and Shri Yunush Mashih, General Secretary of the Union(Metal Mines Workers Union (INTUC), Bhilai) on the ple of misconduct of disclosing information/publishing news in local print media is proper, legal and justified? If not, what relief the Union Office bearers and the President of the Union are entitled to ? .” 1. After registering the case on the basis of reference, notices were sent to the parties and were served. 2. The President of the Workman/Union Umesh Kumar Mishra appeared with his learned counsel Mr. K.B.Singh and filed an application with affidavit and vakalatnama of his learned counsel, wherein he has stated that the dispute has been settled outside Court and now no dispute exists as such, hence, the reference be decided as such in the light of his application and affidavit. 3. Learned Counsel for Management, Shri A.K.Shashi has no objection as he also admits that the dispute exists no more. 4. In the light of admissions by the parties, that the dispute no more exists, now the reference has become infructuous and a no dispute award is required to be passed. 5. Accordingly passing a no dispute award, the matter is closed. 6. Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules. DATE: 15.12.2020 P. K. SRIVASTAVA, Presiding Officer ubZ fnYyh] 24 fnlEcj] 2020 का.आ. 1116.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k eas dsUnzh; ljdkj fHkykbZ LVhy IykaV ds izca/kra=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k eas fufnZ’V vkS|ksfxd fookn eas dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la- 98@2008½ dk s izdkf'kr djrh gS tk s dsUnzh; ljdkj dks 24-12-2020 dk s izkIr gqvk FkkA [la- ,y-26012@6@2008-vkbZ vkj ¼,e½] uohu oS|] mi funs'kd New Delhi, the 24th December, 2020 S.O. 1116.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 98/2008) of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the management of Bhilai Steel Plant, and their workmen, received by the Central Government on 24.12.2020. [No. L-26012/6/2008-IR(M)] NAVIN VAIDYA, Dy. Director ANNXURE BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR NO. CGIT/LC/R/98-2008 Present: P. K. Srivastava, H.J.S..( Retd) The General Secretary, Chhattisgarh Sangrami Shramik Sangh Indira Nagar, Chaidaini Bhata, P.O. Dallirajhara, Durg (CG). …Workman3272 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] VERSUS The Managing Director Bhilai Steel Plant Bhilai, Durg (C.G.) …Management AWARD (Passed on this 11th day of December 2020) 1. As per letter dated 25-7-2008 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No. L-26012/6/2008-IR(M)The dispute under reference relates to: “Whether the action of the management of Bhilai Steel Plant (SAIL) in their Iron Ore Complex, Dallirajhara, Durg in punishing Shri T.Kanta Rao, Sr. Operator, HEME with the punishment of Reduction of lower grade of S-6 for a period of 2 years with cumulative effect vide letter of punishment No.OMQ/RJM/ESTT/PUN/2005/2014 dt.21/9/2005 of Dy. G.M. Dalli Mech. Mines is justified? If not, to what relief the workman is entitled ?” 1. After registering the case on the basis of reference, notices were sent to the parties. 2. According to the Statement of Claim, the workman T.Kanta Rao is an Office Bearer of the Workman Union and to defer him from his union activities and from raising demands of workers, false charges were leveled against him and a departmental inquiry conducted was against all principles of law and natural justice. The workman was wrongly held guilty for mis-conduct and the punishment awarded was disproportionate. Accordingly, it was prayed that the reference be answered in favour of the workman, holding the inquiry and punishment not justified in law. 3. The case of the Management is that the workman committed serious misconduct during the course of employment. He was kept under suspension vide order dated 9-2-2004 and was issued a departmental charge sheet dated 13-2-2004. The charges leveled against him were as follows:- 1. Slowing down of work-Clause-20(2xII) 2. Willful damage to Company’s goods or property Clause-29-(1) (x). 3. Willful insubordination & disobedience to lawful & reasonable order of a superior Clause- 29-(1)(1). 4. Holding meeting within Mines premises without the written permission of the Management clause-29-(1)(XV). 5. Striking work and inciting others to strike work in contravention of provisions of Law Clause- 29(1)(XVI). 6. Any act subversive of discipline in Mines premises Clause-29(1) (VIII). 7. Breach of any law applicable to the Mines clause-29(1) (XIX). 4. The workman submitted his reply dated 16-2-2004. A departmental inquiry was ordered to be conducted and Mr.S.K.Sahu. CPM, Enquiry, was appointed as the Inquiry Officer and Mr. A.K.Nath, AGM was appointed Prosecution Nominee vide Office Order dated 28-2-2004. The workman was allowed to engage his co-worker Shri KPG Panicker as his representative. The Management filed documents which were proved as per law. The workman was given full opportunity to participate in the inquiry and he did participate in it. He cross-examined the inquiry witnesses. The workman was held guilty by the Inquiry Officer for the charges No.4 , 5 6 and 7. The Inquiry Officer submitted his report to the Disciplinary Authority who agreed with the findings of the inquiry. The workman was heard on the point of sentence and keeping in view his age and tenure of service the impugned punishment of reduction of increment for two years with cumulative effect was passed. The workman did prefer an appeal against the punishment on 5-10-2008 which was dismissed by the Appellant authority after hearing.[भाग II— ण् ड 3(ii)] भारत का रािपत्र िनवरी 2, 2021/पौष 12, 1942 3273 5. Accordingly, the case of Management is that the inquiry was conducted as per law and rules, also that the findings of the Inquiry Officer regarding the charges cannot be faulted in law and fact and the sentence itself was so lenient that it does not warrant any interference. Accordingly the Management has prayed that the reference be answered against the workman, holding the inquiry and punishment as per law. 6. Following issues were framed by my learned Predecessor on the basis of pleadings vide order dated 5-9-2013:- (1) Whether the inquiry conducted against workman is proper and legal? (2) Whether, the misconduct alleged against the workman are proved from evidence in inquiry proceedings? (3) Whether, the punishment of reduction in lower grade for the period of two years is proper and legal? and (4) What relief the workman is entitled to ? 7. ISSUE NO.1:- Issue No.1 was taken as the preliminary issue and on the basis of evidence on record my learned Predecessor held the inquiry conducted against the workman legal and proper vide his order dated 28-10-2016. This order is part of this Award. After giving opportunity of hearing and providing evidence to both the parties on remaining issues, final arguments were heard. The workman side absented itself at the stage of arguments; hence arguments were heard of Shri A.K.Shashi, learned Counsel for the Management. I have also perused the record. Issue No.1 is answered accordingly. 8. ISSUE NO.2:- The Management has proved the inquiry papers which are as under :- Exhibit (M-1):- Statement of allegation and charges. Exhibit (M-2):-Reply of the workman. Exhibit (M-3):- Order regarding appointment of Inquiry Officer and Prosecution Nominee. Exhibit (M-4):- 37 pages, proceedings of inquiry including the documents. Exhibit (M-5):- Inquiry Report. Exhibit (M-6):-Letter of punishment. Exhibit (M-7):-Memo of appeal against the punishment order. Exhibit (M-8):-Decision on appeal. 9. The proceedings of inquiry Exhibit(M-4) which is of 37 pages reveals on perusal that prosecution witnesses have supported the charges in their statements and they are further corroborated by documents, hence the findings of the Inquiry Officer, holding the charges proved as above, cannot be faulted in law and facts. Accordingly the finding of the Inquiry Officer regarding the proof of charges as stated above is affirmed. Issue No.2 is answered accordingly. 10. ISSUE NO.3:- The charges of misconduct proved attracts a maximum punishment of dismissal from service. The punishment awarded is reduction to lower grade of S-6 for a period of two years with cumulative effect, in no way it can be said so shockingly disproportionate to the charges proved so as to warrant interference of this Tribunal. The settled law on this point is that this Tribunal does not sit in appeal of order of the Competent Authority with3274 THE GAZETTE OF INDIA : JANUARY 2, 2021/PAUSHA 12, 1942 [PART II—SEC. 3(ii)] regard to punishment since there is no perversity in the punishment order, it cannot be faulted in law and fact, hence affirming the sentence Issue No. 3 is decided against the workman. 11. ISSUE NO. 4:- On the basis of the findings recorded above, the workman is held entitled to no relief. Accordingly 12. Issue No.4 is decided. On the basis of the above discussion, following award is passed:- A. The action of the management of Bhilai Steel Plant (SAIL) in their Iron Ore Complex, Dallirajhara, Durg in punishing Shri T.Kanta Rao, Sr. Operator, HEME with the punishment of Reduction to lower grade of S-6 for a period of 2 years with cumulative effect is held justified in law and fact. B. The workman is held entitled to no relief. 13. Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules. DATE: 11.12.2020 P. K. S RIVASTAVA, Presiding Officer नई दिल्ली, 24 दिसम् बर, 2020 का.आ. 1117.—राष्ट्रप‎जत, श्री पुणेन्ि ु कुमार श्रीवास्ट्तव, पी ासीन अ‎जिकारी, केन्री सरकार औद्यो‎जगक अ‎जिकरण सि श्रम न् ा ाल , िबलपुर को ‎दिनांक 25.12.2020 से छ माि तक की अवजि अ वा जन जमत पिाजिकारी के पिभार ग्रिण करने तक अ वा अगले आििे ो तक केन्री सरकार औद्यो‎जगक अ‎जिकरण सि श्रम न् ा ाल , भुबनेश् वर के पी ासीन अ‎जिकारी के पि का अजतररक्त प्रभार सौंपत े ि ज। [सं. अ-11016/08/2020-सीएलएस-II] सतीि चन्िर, अवर स‎जचव New Delhi, the 24th December, 2020 S.O. 1117.—The President is pleased to entrust the additional charge of the post of Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar to Shri Purnendu Kumar Srivastava, Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Jabalpur for a period of six months with effect from 25.12.2020 or till joining of a regular incumbent or until further orders, whichever is the earliest. [No. A-11016/08/2020-CLS-II] SATISH CHANDER, Under Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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