the gazette of india · 2013. 3. 12. · 1304 the gazette of india : march 1, 1997/phalguna 10,...

REGISTERED NO. D. L—33001/97

The Gazette of IndiaPUBLISHED BY AUTHORITY

No. 9] NEW DELHI, SATURDAY, MARCH 1, 1997/PHALGUNA 10, 1918

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

PART II—Section 3—Sub-section (ii)

Statutory Orders and Notifications Issued by the Ministries of the Government of India(Other than the Ministry of Defence)

MINISTRY OF LAW AND JUSTICE

(Department of Legal Affairs)

(Judicial Section)

NOTICE

New Delhi, the 3rd February, 1997

S.O. 531.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has been made to the said Authority underRule 4 of the said Rules, by Sh. Virendra Kumar. Advocatefor appointment as a Notary to practise in Moradabad Distt.(U.P.).

2. Any objection to the appointment of the said person

as a Notary may be submitted in writing to the undersigned

within fourteen days of the publication of this notice.

[No. F. 5(7}/97-Judl ]N. C. JAIN, Competent Authority & Addl. Legal Adviser

371GI/97—1 (1303)

1304 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART II—SEC 3(ii)]

NOTICE

New Delhi, the 6th February, 1997

S.O. 532.—Notice is hereby given by the CompetentAuthority in pursuance of Rule 6 of the Notaries Act, 1956that application has made to the said Authority, under Rule4 of the said Rules by Sh. Mukand Somnath, UpassaniAdvocate for appointment as a Notary to practise in Pune(Maharashtra).

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

[No. F. 5(18)/97-Judl.]N. C. JAIN, Competent Authority & Addl. Legal Adviser

MINISTRY OF PERSONNEL, PUBLICGRIEVANCES AND PENSIONS

(Department of Personnel & Training)


S.O. 533.—In exercise of the powers conferredby sub-section (1) of section 5 r|w section 6 ofthe Delhi Special Police Establishment Act, 1946(Act No. 2 of 1946), the Central Governmentwith the consent of State Government of Punjab,Department of Home Affairs and Justice (Home-IV Branch) vide Notification No. 5|206|96|5H|IV|754 dated 29-1-97 hereby extends the powers andjurisdiction of the members of the Delhi SpecialPolice Establishment to the whole of state ofPunjab for investigation of the offences punishableU|s. 302, 201, 436, 427 of the Indian PenalCode 1860 (Act No. 45 of 1860) registered atPolice Station Sadar, Khanna, Police DistrictKhanna (Punjab) in FIR No. 88|96 dated 17-9-96relating to the murder of S|Sh. Paramjit SinghSahota. Satnam Singh and Bikramjeet Singh andfor any other offence of attempt, abetment andconspiracy in relation to or in connection with thesaid offences committed in the course of sametransaction or arising out of the same fact or factsin relation to the aforesaid case.

[No. 228|8|97-AVD.II]

S. C. TEWARI. Dy. Secy.

1305


S.O. 534.—In exercise of the powers conferredby sub-section (8) of section 24 of the Code ofCriminal Procedure .1973 (Act No. 2 of 1974),the Central Government hereby appoints ShriSadashiv Nagoji Sardesai. Senior Public ProsecutorCentral Bureau of i n v e s t i g a t i o n as Special PublicProsecutor for the conduct of cases instituted bythe Delhi Special Police Establishment in trialcourts and appeals|revisions or other matters arisingout of these cases in revisional or appellate courtsestablished by law in any State or Union Territoryto which the provisions of the aforesaid sectionapply.

[No. 225|1|97-AVD. II]HARI SINGH, Under Secy.


S.O.. 535.—In exercise of the powers conferredby sub-section (1-A) of section 25 of the Codeof Criminal Procedure, 1973 (Act No. 2 of 1974),the Central Government hereby appoints ShriPrabhat Kumar as Assistant Public Prosecutor,Central Bureau of Investigation for the purpose ofconducting any case or class of cases in the courtsof Magistrates instituted by Delhi Special PoliceEstablishment in any State or Union Territory ofIndia to which the provision of the aforesaid sectionapply.

[No. 225|6|97-AVD.II]HARI SINGH, Under Secy.

MINISTRY OF FINANCE(Department of Economic Affairs)

(Banking Division)


S.O. 536.—In pursuance of sub-rule (4) ofRule 10 of the Official Languages (use for OfficialPurposes of the Union) Rules 1976, the CentralGovernment, hereby, notifies the listed offices|branches of the following banks more than 80 percent of the staff whereof have acquired the workingknowledge of Hindi :—

S. No.

1.23.4.5.

6.7.

Name of the Banks

Syndicate BankIndian Overseas Bank

Union Bank of IndiaCanara BankState Bank ofBikaner & JaipurCentral Bank of India

No. of Offices)Branches

24: 07

3450

02

National Housing Bank

Total

0101

119

[F. No. 11016|3|96-Hindi]G. R. SUMMAN, Dy. Secy.


List of Branches to be notified under OfficialLanguages Rules 10(4).

1. SYNDICATE BANKSyndicate Bank,Naravi Branch,Main Road, Naravi,Belthangadi Taluk,Dakshina Kannada Distt.,Karnataka State,Pin-574109.

2. Syndicate Bank,Chendia Branch,Pai Buildings, Chendia,Karwar TQ,Uttar Kannada Distt.,Karnataka State,Pin-581324.

3. Syndicate Bank,Kadthoka Branch,Pitrachaya Building,Kadthoka, Honnavara TQ,Uttar Kannada Distt.,Karnataka State,Pin-581334.

4. Syndicate Bank,Kadwad Branch,Sreenivas Complex,It Floor, Main Road,Kadwad,Karwad TQ,Uttar Kannada Distt.,Karnataka State,Pin-581339.

5. Syndicate Bank,Ganeshgudi Branch,Ganeshgudi, Uttar Kannada Dist.,Karnataka State,Pin-581365.

6. Syndicate Bank,Gerasoppa Branch,Main Road, Gerasoppa,Honnavar TQ,Uttar Kannada Distt.,Karnataka State,Pin-581334.

1307

7. Syndicate Bank,Bisgod Branch,Bisgod Mines,Mysore Minerals Ltd.,Bisgod, -Yellapur TQ,Uttara Kannada Distt.,Karnataka State,Pin-581427.

8. Syndicate Bank,Haldipur Branch,Agrahar, Haldipur,Honnavar TQ,Uttara Kannada Distt.,Karnataka State,Pin-581327.

9. Syndicate Bank,Bhatkal Branch,Nehru Road, P.B. No. 1,Bhatkal,Uttar Kannada Distt.,Pin-581320.

10. Syndicate Bank,Kirwatti Branch,Yellapur TQ,Uttar Kannada Distt.,Karnataka State,Pin-581412.

11. Syndicate Bank,Shirali Branch,Main Road, Shirali,Bhatkal TQ,Uttar Kannada Distt.,Karnataka State,Pin-581354.

12. Syndicate Bank,Kodkani Branch,Veer Vithal Kripa,Kodkani Kumta TQ,Uttar Kannada Distt.,Karnataka State,Pin-581439.

13. Syndicate Bank,Haliyal Branch,Mahanthesh Complex,Ist Floor, Bus Stand Road,Haliyal,Uttar Kannada Distt.,Karnataka State,Pin-581329.


14. Syndicate Bank,Hubli Durgadbail (Main) Branch,5248 2, Lokhande Building,Durgadbail, P.B. No. 49,Hubli, Dharwad Distt.,Karnataka State,Pin-580020.

15. Syndicate Bank,Narendra Branch,Opp. Bus Stand, Narendra,Dharwad TQ, Dharwad Distt.,Karnataka State,Pin-580005.

16. Syndicate Bank,Hirur Branch, Hirur,Hangal Taluk,Dharwad Distt.,Karnataka State,Pin-580104.

17. Syndicate Bank,Navalgund Branch,1984|B Vinayaka Pet Road,P.B. No. 1, Navalgund,Dharwad Distt.,Pin-582208.

18. Syndicate Bank,Goa Palolem Branch,Palolem Cana Cona,Palolem,Goa State,Pin-403702.

19. Syndicate Bank,Goa Merces, Mesta Bhatt,II HAS, Merces,P.O. Santacruz, Goa,Pin-403005.

20. Syndicate Bank,Aghar Branch,Sanjivini Building,Aghar Badruk,Malengaon Taluk, Nasik Dist.,Maharashtra State,Pin-423211.

21. Syndicate Bank,Kolhapur Branch,C. S. No. 1446 "C" Ward,Dasara Choak, Near S.M. Statue,Lakshmi Puri, Kolhapur,Maharashtra State,Pin-416002.

1309

22. Syndicate Bank,Mohadi Branch,Mohadi (Pragane Dongri),H. No. 156, Dist. & TQ Dhule,Maharashtra State,Pin-424316.

23. Syndicate Bank,Talavade Branch,D. No. 609, Post Talawade Village,Malegaon TO, Nasik Dist.,Maharashtra State,Pin-423108.

24. Syndicate Bank,Pune Camp Branch,Paramar Chambers,Sadhu Vaswani Circle,Cannaught Road, Camp Pune,Maharashtra State,Pin-411001.

List of Branches to be notified under OfficialLanguages Rules 10(4).

INDIAN OVERSEAS BANK

1. Regional Office, Chandigarh

1. Indian Overseas Bank,

Regional Office,S.C.O. 11, Madhya Marg,Sector 7 C,Chandigarh-160019.

2. Pathankot BranchIndian Overseas Bank,357|358, Dalhousie Road,Pathankot-145001,Gurdaspur District,Punjab.

3. Solan BranchIndian Overseas Bank,Thakur Building,Near D.C. Office,The Mall Solan-173212,Himachal Pradesh.

4. Bariatu Road, Ranchi BranchIndian Overseas Bank,Amrapali Building,Bariatu Road,Ranchi-834008,Bihar.

1310 THE GAZETTE OF INDIA : MARCH 1, 1 9 9 7 / P H A L G U N A 10, 1918 [PART II—SEC 3(ii)]

5. Bokoro Steel City BranchIndian Overseas Bank.Purana Bazar, By Pass Road,P.O. Chas,Bokaro District827013 (Bihar).

6. Dakra BranchIndian Overseas Bank,Dakra Colliery,Ranchi District,829210 (Bihar).

7. Darbhanga BranchIndian Overseas Bank,Kathalbari,Darbhanga-846004.Bihar.

Region Zone Union Bank of IndiaZonal Office-—Lucknow.

1. Medical College Road Branch,Post Arogya Mandir,Distt. Gorakhpur-273 009.

2. Specialised Saving Bank Br.19-B, Rajpur Road, P.B. No. 109,Dehradun-248 001.

3. Small Scale Industries Branch,441, Civil Lines (South),Meerut Road, Muzaffar Nagar-2.

4. Small Scale Industries Branch,Nayabans, Rajendra Complex,Opp. Hotel Nirula'sSector-15, Noida-201 303.

5. Specialised Saving Bank Br.,Prakash Bhavan, Near Chitra Theatre,Baug Mujaffarkhan,Agra-282 002.

6. Specialised Saving Bank Br.,Near Swami Baugh Temple,Dayal Baug, Agra.

7. Specialised Saving Bank Br.,87, Civil Lines, Bareilly.

8. Shrirampur Branch,Popular Shopping Centre,Main Road, Shrirampu-.Maharashtra-413 709,Distt. Ahmednagar.

1311.

Plot No. 9, Juna Bhandara Rd.,Wardhman Nagar Chowk,Nagpur-440 008.

Union Bank of IndiaZonal Office—Bangalore.

10. Somjiguda Branch,6-6-347|9|4,Dwarkapuri Colony,Somajiguda, Hyderabad,

11. B-9, Old Pattabhipuram,S.P.J. Mills Road,Guntoor (A.P.)

12. Specialised Saving Branch,Poranki (Distt. Krishna) (A.P.).

13. Agri Hi-Tech Finance Br.,1st Floor, Mohan Mansion,4th Lane 47-7-30| 2,Dwarkanagar, Vishakhapatanam,A.P.-530 016.

14. Small Scale Indls Fin. Br.,12-4-32, 1st Floor,(Upstairs Onida Arcade).Chandu's Plaza, Apsara Rd.,Vishakhapatanam-530 002.

15. Specialised Saving Bank Br.,Door No. 21-32|8,Changalraopet, Kotha Road,Vishakhapatanam-530 001.

16. Small Scale Indls. Branch,7-l-59|3, IInd Floor,Bhavya Commercial Complex,Ameerpet, Hyderabad-500 016.

Zonal Office—Calcutta.

17. Margram Branch,Main Road, Post & Village-Margram, Distt. Birbhum (W.B,).

18. Narayanpur Branch,Post & Village—Narayanpur,Distt. Birbhum (W.B.).

19. Shaldamore Branch,Post & Village—Mohammad Bazar,T.S. Vill—Shalda,Distt. Birbhum-731 129.

371 GI/97—2

1312 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART II --SEC. 3(ii)]

Union Bank of India--(Contd)

20. Mangrul Branch,Vill. & Post-MangrulDistt. Midnapur (W.B.).

21. Tinplate Branch,Post-Golmuri,Jamshedpur.

22. Boring Road Branch.Opp. A.N. College,Boring Road. Patna.

23. Siwan Branch,Lal Place Complex, Chowk Bazar,Station Road, Siwan.

Zonal Office—Delhi.

24. Goraya Branch,(Specialised Saving Bank Br.,),G.T. Road, Goraya.Distt. Jallandhar.

25. Specialised Saving Bank Br.,Majeet Mandi, Amritsar

26. Specialised Saving Bank Br.Miller Ganj, G. T. Road,Ludhiana.

27. Service Branch Jaipur,16-17 Jayanti Market.Jaipur (Rajasthan).

Zonal Office—Ahmedabad.

28. Service Branch,1. Mahatma Gandhi Marg,Mandvi Baroda-390 001.

29. Specialised Saving,16, Navdurga Co-op. Hsg. Society,National Highway No. 8,Nizampura, Baroda-390 002.

30. Specialised Saving Branch,Shavshanti Tower, R. C. Dutt Road,Alkapuri, Baroda-390 005.

1313

31. Savings Bank Branch,G.T. Road, Ludhiana.

Address :

Union Bank of India,Specialised Savings Branch,Millar Ganj, G.T. Road,Ludhiana.Date of Opening : 29-3-96.

32. Savings Bank Branch,Majith Mandi, Amritsar,Address :Union Bank of India,Specialised Savings Branch,Majith Mandi, Amritsar.

33. Union Bank of India,Specialised Sangs Branch,Dhule.Address :Shrarmik Building, Lane No. 5,Dhule-424 001.

34. Union Bank of India,Specialised Small Scale,Industry Branch, Nasik,Address:1 & 2, Damodar Apartment,188, Mahatma Nagar,Nasik-422 007.

CANARA BANKCO. HyderabadD.O. Vishakapattanam

1. Canara Bank,V. T. Agraharam,Near Panchayat Office,V.T. Agraharam-531211,Vijayanagaram, Andhra Pradesh.

2. Canara Bank,Naraspur,Ground Floor, Narasapur,Main Road, Naraspur,534275, West Godavari Distt.,Andhra Pradesh.

3. Canara Bank,Gutala,Via Nidadavola,Gutala-534 343,Polavaram Taluk,West Godavari Distt.,Andhra Pradesh.

1314. THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART I I - S E C 3(ii)]

4. Canara Bank,Overseas Branch,Visakhapatnam,28-14-1, II Floor,Surjabagh,Visakhapatnam,Andhra Pradesh.

5. Canara Bank,Gandhipuram,Plot No. 36, 76-1-4,Opp. Prakash Nagar ParkGandhipuram-2,Rajamundry-533 103,East Godavari Distt.,Andhra Pradesh.

6. Canara Bank,Eluru,Korapativari Street, Power Pet,Eluru-534 002,West Godavari Distt.,Andhra Pradesh.

7. Canara Bank,Amalapuram,4-2-32, K. V. Rao Street,College Road,Amalapuram-533 201,East Godavari Distt.,Andhra Pradesh.

8. Canara Bank,Rajam, Rajaveedhi,Chodavaram Taluk,Rajam-531 036,Visakhapatnam Distt.,Andhra Pradesh.

9. Canara Bank,Hansavaram,Shonepurahat gram,Panchayat Office,Tuni Mandalam,Hansavaram-533 401,East Godavari Distt.Andhra Pradesh.

10. Canara Bank,Chataparru-534 001,West Godavari Distt.,Andhra Pradesh.

1315

11. Canara Bank,Bheemavaram,P.B. No. 50, P.P. Road,Bheemavararn-534 201,West Godavari Dist,Andhra Pradesh.

12. Canara Bank,Nidadavolu, Ground Floor,Main Road, Nidadavolu-534 301,West Godavari Dist,Andhra Pradesh.

13. Canara Bank,Vishwanathapuram,73/5, Vishwanathapuram,Via Salur-532 591,Vizianagaram Dist.Andhra Pradesh.

14. Canara Bank,Steel Plant,Project Office Complex,Visakhapatnam-533 031,Andhra Pradesh.

15. Canara Bank,Dwarakanagar, 47-15-10,Hasan Manzil, Dwarakanagar,Visakhapatnam-530 016,Andhra Pradesh.

Regional Office, Hyderabad.

16. Canara Bank,Vanasthalipuram,Plot No. 34, HIG Phase 1,Near Vinayaka TempleVanasthalipuram,Hyderabad-500 661,Ranga Reddy Dist.Andhra Pradesh.

17. Canara Bank,Banjara Hills, 8-2-541, Road No. 9,Banjara Hills, Hyderabad-500 034,Andhra Pradesh.

18. Canara Bank,Sainikpuri,E-89, Sainikpuri, Post,Secunderabad-500 094,Andhra Pradesh.

1316 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PARf II—SEC 3(ii)]

1'9. Canara Bank,Roddam, Srilakshmi Nilayam,Roddam, Penukonda Taluk,Ananthapur Dist.Andhra Pradesh.

20. Canara Bank,Garladinne,Lalappa Garden,NH 7, Garlandinne,Ananthapur Dist.Andhra Pradesh.

21. Canara Bank,Accounts Section,P.B. No. 1045, 3-6-69-4-1A,Bashir Bagh,Besides Skyline Cinema,Hyderabad-500 029,Andhra Pradesh.

22. Canara Bank,Hi-Tech AF Branch,6-1-74, Ground Floor,Sri Venkateshwara Lodge,Lakdi ka Pull,Hyderabad-500 004,Andhra Pradesh.

23, Canara Bank,Hayat Nagar, 7-76, NH-9,Hayat Nagar, Hyderabad-501 505,Andhra Pradesh.

24. Canara Bank,Kurnool, P.B. No. 31,Park Road-518 001,Kurnool, Andhra Pradesh,

25. Canara Bank,Somandepalli,1/98, Panchayat Road,Somandepalli-515 222,Ananthapur Dist.Andhra Pradesh.

26. Canara Bank,Kanchanbagh,17-1-375, 24/1, D F R LCross Road, Hydcrabad-500 653.Andhra Pradesh.

1317

27. Canara Bank,Guntakal,P.B. No. 50, 13/28C,Gandhi Chowk, Guntakal-515 801,Ananthapur Distt.,Andhra Pradesh.

28. Canara Bank,I F Branch,11 Floor, Chakrapani Estate,Opp. Police Control Room,Saifabad, Andhra Pradesh.

29. Canara Bank,Vikarabad,Opp. Agricultural Market, Office,Alampally Road, Vikarabad-501 101,Andhra Pradesh.

30. Canara Bank,Ramagiri,Administrative Complex,Bharat Gold Mines Ltd.,Yeppamana Mine,Via Dharmavaram,Ananthapur Distt.,Andhra Pradesh.

31. Canara Bank,Dilsukh Nagar,9/46, 13-18Beside Sai Baba Temple,Dilsukh Nagar,Hyderabad-500 660,Andhra Pradesh.

11, Circle Office, Chandigarh,Regional Officer Karnal.

32. Canara Bank,Maniram Mandi, Gharaunda,Dist. Karnal.

33. Canara Bank,A F Branch,87, Dayal Singh Colony,Karnal.

3-1. Canara Bank,Palwal,1 Floor, Pushpa Complex,Ghali No. 1, Agra Chowk,Palwal.

1318 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART II—SEC-3(ii)]

35. Canara Bank,Panchakula, Plot No. 370,Industrial Area, SSI Panchakula,Haryana.

36. Canara Bank,Manimajra, SCO 856,Manimajra, Chandigarh.

37. Canara Bank,Kullu, SCO 370,Akhara Bazar, Kullu.

38. Canara Bank,SCO 370, Sector 44-D,Chandigarh,

39. Canara Bank,I F Branch, Sai Road,Baddi, Solan,

40. Canara Bank,Kurukshatra, 1035/8, Railway Road,Kurukshatra.

4!. Canara Bank,SCO 167-168, Sector-8C,Chandigarh.

42. Canara Bank,SCO 367, Sector-32D,Chandigarh.

43. Canara Bank,S C O 389, Sector—37-D,Chandigarh.

44. Canara Bank,S S I Branch,1C—D-2|l-A,NIT. Faridabad.

45. Canara Bank,Accounts Section,Sector 17-C,Chandigarh.

III. Circle Office, Lucknow,D. O. Meerut.

46. Canara Bank,Divisional Office,P. O. 375, Prasad House,144-145, Delhi Road,Near Ajantha Cinema,Meerut—250 002.

1319

47.

48.

49.

50.

1.

I.

Canara Bank,Currency Chest, B-10,Ashok Nagar,Ghaziabad—201 001.

Canara Bank,I F Branch,Service Centre,Noida Export Promotion Zone,Noida.

IV. Circle Office, Mangalore

Canara Bank,Circle Office,P. O. No. 227,Mangalore—575 001.

V. International Division, Mumbai.

Canara Bank,Foreign Department,P. O. No. 2545, 44/45,Residency Cross Road,Bangalore—560 025.

STATE BANK OF BIKANER ANDJAIPUR HEAD OFFICE,

JAIPUR.

DISTRICT KOTA.

Itawa.

DISTRICT NAGAUR.Gotan.

CENTRAL BANK OF INDIA.

Central Bank of India,Head Office Mumbai,M. G. Road, Fort,Mumbai—400 001.

NATIONAL HOUSING BANK.

National Housing Bank,Head Office,Core—5-A, IIIrd Floor,India Habitat Centre,Lodhi Road,New Delhi—110003.

371GI/97—3

1320 THE GAZETTE OF INDIA : MARCH 1, 1997/ PHALGUNA 10, 1918 [PART II—SEC-3(ii)]

MINISTRY OF COMMERCE

(Office of Directorate General of Foreign Trade)


S. O. 537.—M/s. Pearl Engineering Polymers Ltd., NewDelhi were granted an import licence No. P/CG/2133262dated 29-7-94 for Rs. 1,24,20,563 (Rupees One Crore TwentyFour Lakhs Twenty Thousand Five Hundred and Sixty Threeonly) for import of capital goods.

2. The firm has applied for issue of duplicate importlicence of the above mentioned licence on the ground thatthe import licence has been lost or misplaced. It has furtherbeen stated that the licence was registered with BombayCustom and the value of the licence has been fully utilised.

3. In support of their contention, the licencee has filed anaffidavit on Stamped Paper duly sworn in before a NotaryPublic, Delhi. I am accordingly satisfied that the originalimport licence No. P/CG/2133262, dated 29-7-94 has beenlost or misplaced by the firm. In exercise of the powers con-ferred under Sub Clause 9(cc) of the Import (Control) Order.1955 dated 7-12-1955. as amended the said original import

licence issued to M/s, Pearl Engeneering Polymers Ltd. ishereby cancelled.

4. A duplicate import licence of the said licence is beingissued to the party separately.

[F. No. l8/277/AM`95/EPCG-III|2473)

K, CHANDRAMATHI. Dy, DirectorGeneral of Foreign Trade


S. O. 538,—M/s. Pearl Engineering Polymers Ltd., NewDelhi were granted an Import Licence No. P/CG/2133763dated 30-12-94 for Rs. 25,59.512 (Rupees Twenty FiveLakhs Fifty Nine Thousand Five Hundred and Twelve only)for import of capital goods.

2. The firm has applied for issue of duplicate import licenceof the above mentioned licence on the around that the im-port licence has been lost or misplaced. It has furtherbeen stated that the licence was registered with CustomsBombay and the value of the licence has been fully utilised.

3. In support of their contention, the licencee has filedan Affidavit on Stamped Paper duly sworn in before aNotary Public, Delhi. I am accordingly satisfied that theOriginal import licence No. P/CG/2133763 dated 30-12-94has been lost or misplaced by the firm. In exercise of thepowers conferred under Sub-Clause 9(cc) of the Import(Control) Order, 1955 dated 7-12-1955. as amended the saidoriginal import licence issued to M/s. Pearl EngineeringPolymers ltd. is hereby cancelled.

1321

4. A duplicate import licence of the said licence is beingissued to the party separately.

[F. No. 18/767/AM'95/EPCG-III|2474]K. CHANDRAMATHI, Dy. Director

General of Foreign Trade

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of Culture)

ARCHAEOLOGICAL SURVEY OF INDIA

ORDER


S.O. 539/—In exercise of the powers conferred by rule4 of the Ancient Monuments and Archaeological Sites andRemains Rules, 1959, I, Ajai Shankar, Director General,Archaeological Survey of India do hereby direct that thevarious parts of the protected monuments of (i) the AjantaCaves and (ii) the Ellora Caves in the District of Auranga-bad in the Stale of Maharashtra and (iii) the ElephantaCaves in Gharpuri in the District of Kolaba in the Stateof Maharashtra, shall not be open to any person otherthan an archaeological officer, his agents. subordinates andworkmen and any other Government servant on duty onany Monday on and from the 31st day of March, 1997.

[F. No. 11/5/96-M]AJAI SHANKAR, Director General

MINISTRY OF HEALTH AND FAMILYWELFARE

(Department of Health)

ORDERNew Delhi, the 10th February, 1997

S.O. 540.—Whereas the medical qualificationM.B.B.S. granted by the University of Sydney,Australia is a recognised medical qualification forthe purposes of section 14 of the Indian MedicalCouncil Act, 1956 (102 of 1956);

As whereas Dr. Ravin Roberta Harrison, whopossesses the said qualification is for the time be-ing attached to the Bombay Hospital. 12, MarineLines, Mumbai for the purpose of charitablework;

Now therefore, in pursuance of clause (c) ofthe proviso to sub-section (1) of section 14 ofthe said Act, the Central Government herebyspecifies:—

(i) a period of one year from the date of, issue of this notification, or

(ii) the period during which Dr. RavinRoberta Harrison is attached to theBombay Hospital, 12, Marine Lines,Mumbai.


whichever is shorter, as the period for which themedical practice by the aforesaid doctor 3hall belimited.

[No. V. 11016|l|96-ME(UG)]S. K. MISHRA, Desk Officer

ORDERNew Delhi, the 11th February, 1997

S.O. 541.—Whereas the medical qualificationM.D. granted by the University of Columbia,New York is a recognised medical qualificationfor the purpose of section 14 of the Indian Medi-cal Council Act, 1956;

And whereas Dr. Colin Wallace Mc. Cord ofUnited States of America who possesses the saidqualification is for the time being attached toPramukhswami Medical College, Karamsad,Gujrat for the purpose of charitable work;

Now, therefore, in pursuance of clause (1) ofsection 14 of the said Act, the Central Govern-ment hereby specifies:—

(i) the period of one year from the date ofissue of this notification; or

(ii) the period during which Dr. Colin Wal-lace Mc. Cord is attached to Pramukh-swami Medical College, Karansad,

whichever is shorter, as a period to which themedical practice by the aforesaid Doctor shall belimited.

[No. V. 11016|6|95-ME(UG)]S. K. MISHRA, Desk Officer

1323

New Delhi, the 13th January, 1997

S.O. 542.—In exercise of the powers conferredby sub-section (4) of section 13 of the IndianMedical Council Act, 1956 (102 of 1956), theCentral Government after consultation with theMedical Council of India hereby makes the follow-ing further amendment in Part II of the ThirdSchedule to the said Act, namely :—

In the said Schedule in Part II, the followingentries shall be added at the end, namely :—

"M.B.B.S. (University of Nigeria),Naukka.

Doctor in Medicine and Surgery,(University of Studies),Pavia, Italy.

M.D. (Timisoara Institute of Medicine),Romania.

M.B.Ch.B. (University of Baghdad),Iraq.

M.B.B.S. (University of Khartoum),Sudan.

M.D. (University of Rostov)G.D.R.

Diplome De Docteurean Medicine,Algeria.

M.D. (University of Kabul),Afghanistan.

M.D. (University of Medicine and Dentistryof New Jersy),U.S.A.

M.B.B.S. (University of Papua, New Guinea)Boroka.

M.D. (University of Pecs),Hungary.

M.D. (Medicine and Surgery),(University of Catania),Italy.

Doctor of Medicine, M.D.(St. George's University School ofMedicine),Grenada, West Indies.

Physician, Warsaw Medical Academy,Poland.

Diploma of Physician,Medical Academy in Gdansk,Poland.

Physician M.B. (Bachelor of Medicine),Medical Academy, Safia(Higher Medical Institute),Pleven, Bulgaria.

M.D. (Albert Szent Gyorgyi MedicalUniversity),Hungary.

Note:—These shall be recognised medicalqualifications when granted upto 16thSeptember, 2001."

[No. V 11015|25|94-ME(UG)]

S. K. MISHRA, Desk Officer

Footnote :—Part II of the Third Schedule to theIndian Medical Council Act, 1956(102 of 1956) was published as apart of the Indian Medical CouncilAct, 1956 in Part II, Section I of theGazette of India (Extraordinary) videissue No. 83, dated the 31stDecember, 1956.

1324 THE GAZETTE OF INDIA : MARCH I, 1997/PHALGUNA 10, 1918 [PART I I—SEC 3(ii)]

MINISTRY OF INFORMATION AND

BROADCASTING


S.O. 543.—In exercise of the powers conferredby sub-section (1) of section 5 of the Cinemato-graph Act, 1952 (37 of 1952) read with rules 7and 8 of the Cinematograph (Certification) Rules1983 and in continuation of this Ministry's notifi-

cations of even number dated 1-9-95, 15-9-95,26-9-95, 3-1-96 and 14-3-96 the Central Govern-ment is pleased to appoint Ms. Syeda NaseemChishti, 9, Zakir Bagh Apartments, Tower One,Okhla Road, New Delhi-110025 as a member ofDelhi advisory panel of the Central Board of FilmCertification with immediate effect and until fur-ther orders.

[File No. 813|5l95-F(C)]I. P. MISHRA, Desk Officer

1326 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART II—SEC. 3(ii)]

1327

MINISTRY OF PETROLEUM ANDNATURAL GAS


S.O. 544.—Whereas by notification of theGovt. of India in the Ministry of Petroleum and

Natural Gas S.O. No. 3373 dated 28-11-96 undersub-section (1) of Section 3 of the Petroleum and

Minerals Pipelines (Acquisition of Right of Userin Land) Act, 1962 (50 of 1962), the CentralGovt. declarcd its intention to acquire the rightof user in the lands specified in the schedule appen-ded to that notification for the purpose of layingpipeline;

And whereas the Competent Authority hasunder Sub-section (1) of Section 6 of the said Act,submitted report to the Government;

And further whereas the Central Govern-ment has, after considering the said report decidedto acquire the right of user in the lands specifiedin the schedule appended to this notification;

Now, therefore, in exercise of the powersconferred by sub-section (1) of Section 6 ofthe said Act, the Central Government hereby dec-lares that the right of user in the said land specifiedin the schedule appended to this notification here-by acquired for laying the pipeline;

And further in exercise of the power conferred by sub-section (4) of that section, the Cen-tral Government directs that the right of user inthe said lands shall instead of vesting in CentralGovernment vests on this date of the publicationof this declaration in the GAS AUTHORITY OFINDIA LTD. free from all encumbrances.

State

1

Tamil Nadu

SCHEDULE

Komalapuram Early Production System to Adiyakamangalam, G.G.S. Gas Pipe Line Project

District

Nagai Quaid-E-Milleth.

Taluk

3

Tiruvarur

Village No. & Name

4

36-Alivalam

SurveyNumber

5

89.289.389.494.6A2

Extent

In Hec-tares

6

0 07.50.01.00 06.50.01.0

In AcreCent

7

0 180.080.160 02

Remarks

8

371 GI/97—4

1328 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART I I—SEC 3(ii)]

1

Tamil Nadu Nagai Quaid-E-Milleth

3

Tiruvarur

4

36-Alivalam

5

94.894.994.1091.191.28481.181 281.582.382.4A82 1B182 1B282.4C82.5A82.5B82.5C

82.676 176 2A176 2A2109 2C15109.5A3109.5A475.175 275 352.1 B52.252.3A51.1 A110.5110.6B1110.6B2110 14

110 15110 16113 IB113 2113 4B113 5B113.8A

113 8B113.9113 10A113 11313.1448 136 1237.2A35 2C35.3

124.1124.5125.3B125.4128.1A128.1C128 3129.3

6

0 03 00 15,00 00 50 05.00 05 00 05 00 04.00.06.50 09 00 00 50 01 00.01 50 01 00 04.0002 .50 01 50.03.0

0.06.50.07,00.07.50.01.50.00.50 05.00.01.50.05.00.04.00.02.00 03.00.02.00.04.50 03.0

0.03 00.02.00.02.00.01.0

0 08.00 08.00 01.50.06.50 01.50.02 00 01 5

0.01.50 01.00.03.00.05 60 07.50 05.00.04,50.02.00.02.50.06 00.05.50.05.50.04.00.06.00.01.50.04.50 11.00.03 0

7 8

0.080.370 010 120 120 120 100 160 220.010 020.040.020,100.060 040.08

0 160 170 180.040.010 120,040 120 100.050.080.050 110 08

0.030.050 050.0?.

0.200 200.040 160.040.050.04

0 040 020.080.120.190 120.110.050 060 140.130 130.100.140.040.11

0 270.08

1

Tamil Nadu

2

NagaiQuaid-E-Milleth

3

Tiruvarur

4

37-Venkateswara-puram

5

6.16.341.840 240.5 A40.5C40.5D40 5E40.8 A40.8B

40 639 2A39.2B1

39.2B239.3/339.438.2

38.438.538 638.735.335.435.5A35.5B56.55.355.7

54 254.354.454.553.253.553.6A53.6B

53 1052.252.452.552.752.858.851.151.251.388.1A88 1B88.488.588 688.788.888.99291

6

0.03 50.0J.50 02.00.05.5

3.50.03.5

' 0 04.50.02.00.03 50.0_ 0

0.02.00.07.50 02.0

0.02.50.06.50 07 0

0 01 50 02.5

0 03.00.03.50 12.00 01,00 08 00.07.00.07.53.02.0

0.04.00.01.0

0.03.00.03.50 04 00.05.00 11.00.07 00.01.50.01.5

0.01 00.02.00 03.00 03,00.01.50 01,50.00.50.08.00 10.00.01.00.09.50.00.50 01.00 05 00 04.00 08.00.01.00.04.50.06,00.03.0

7

0.090.010 050,133 090 090.110 050.090.05

0.050 180.05

0 060 160 17

0 040 06

0,07. 1 6

0.300 100 200 170.180.050.100.02

0 030 090 100.150 270 170.040 04

0.020.050,070 030.040.040.010 200.250.020 230 010.020 120.100 200.020 110.150.07

8

]No. L-140l6/15/94—GP]Ardhendu Sen, Director

(330 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART I I—SEC 3(ii)]

New Delhi, the 12th February, 1997S.O. 545.—Whereas it appears to the Central

Government that it is necessary in the public in-terest that for the transport of Petroleum andNatural Gas from Bajhera to Agra-Firozabad GasPipeline in U.P. State pipeline should be laid bythe Authority of India Ltd.

And whereas it appears that for the pur-pose of laying such pipeline, it is necessary to ac-quire the right of user in the land described in theschedule annexed hereto;

Now, therefore, in exercise of the powersconferred by sub-section (1) of the Section 3 of

the Petroleum and Minerals Pipelines (Acquisitionof Right of User in the Land) Act, 1962 (50 of1962), the Central Government hereby declaresits intention to acquire the right of user therein.

Provided that any person interested in thesaid land may, within 21 days from the date ofthis notification, object to the laying of the pipe-line under the land to the Competent Authority,Gas Authority of India Ltd. Noida (U.P.).

And every person making such an objectionshall also state specifically whether he wishes tobe heard in person or by leg 1 practitioner.

1331

District

Firozabad

CASE SCHEDULEBAJHERA—AGRA—FIROZABAD GAS PIPE LINE PROJECT

TEHSIL PARGANA

Firozabad

VILLAGE

Alinagar.

PLOT Oo.

Kenjra

ACQUIRED

Hectares

465

464462454453455443526527528429

Road

) Area in Remarks

0.04500.20130.06750.02160.06400.01800.19800.34400.11200.07000.19600.00360.0450

1.3860 Hectare

3.4248 Acre5 Bigha 9 Biswa 11 biswansi

[No L.-14016/10/96 GP]ARDHENDU SEN, Director

1332 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART I I — S E C 3(ii)]


S. O. 546.—Whereas by a notification of the Govern-ment of India in the Ministry of Petroleum and NaturalGas number S.0.3245 dated the 14th November, 1996 issuedunder sub-section (1) of section 3 of the Petroleum and Mine-rals Pipelines (Acquisition of Right of User in Land) Act, 1962(50 of 1962) the Central Government declared its intentionto acquire the Right of User in the lands specified In theSchedule appended to that notification for the purpose oflaying pipelines for transport of Petroleum from Visakha-patnam to Vijayawada in the State of Andhra Pradesh byHindustan Petroleum Corporation Limited ;

And whereas copies of the said Gazette notification weremade available to the public on the 27th day of December,1996 ;—

And whereas, the Competent Authority has under sub-section (1) of Section 6 of the said Act submitted his reportto the Central Government ;

And whereas, the Central Government has after consider-ing the said report, decided to acquire the right of user inthe lands specified in the Schedule appended to thisnotification ;

Now, therefore, in exercise of the powers conferred bysub-section (1) of Section 6 of the said Act, the CentralGovernment hereby declares that the right of user in thesaid lands specified in the Schedule appended to this notifica-tion is hereby acquired for laying the pipelines ;

And, further, in exercise of the power? conferred by sub-section (4) of that section, the Central Government directsthat the right of user in the said lands shall instead ofvesting in the Central Government, vest on this date ofthe publication of this declaration in the Hindustan Petro-leum Corporation Limited free from all encumbrances.

1333

Mandal : Jangareddigudem

Name of Village

0)

Kethavaram

Tirumalapuram

Guravaigudem

Lakkavaram

SCHEDULE

State : Andhra Pradesh

Survey No./SubDivision —

(2)

564/3C458416/2416/3407/3

565/2509/1249485/2483/1352/4340/1

530/1528517509/6507/5548386/2

174/3 A126/153/773/174/1

PartPartPartPartPart

PartPartPartPartPartPartPart

PartPart



Hectare

(3)

00000000

00

00000000000000

00000000000000

0000000000

District : West Godavari

Area

Ares

(4)

23.554.010.014.0

03.0

35.010.515.002.022.009.533.5

32.546.035.006.509.501.516.0

03.005.508.006.565.5

Acres

(5)

0001000000

000000000000

00

00010000000000

0000000001

Cent

(6)

5833253480

87263705552382

30148616

240440

0714201662

[F.No.R-31015/16/95-OR II]K. C. KATOCH, Under Secy.

1334 THE GAZETTE OF INDIA : MARCH 1. 1997/PHALGUNA 10, 1918 [PART II—SEC 3(ii)]

1335

371 GI/97-5

1336 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART II—SEC 3(ii.)]



S. O. 547.—Whereas by a notification of the Govern-ment of India in the Ministry of Petroleum and NaturalGas number S.O. 2654 dated the 23rd August, 1996 issuedunder sub-section (1) of section 3 of the Petroleum and Mine-als Pipelines(Acquisition of Right of User in Land) Act,1962 (50 of 1962) the Central Government declared its in-tention to acquire the Right of User in the lands specified inthe Schedule appended to that notification for the purpose oflaying pipelines for transport of Petroleum from Visakha-patnam to Vijayawada in the State of Andhra Pradesh byHindustan Petroleum Corporation Limited ;

And whereas, copies of the said Gazette notification weremade available to the public on the 7th day of December,1996 :

And whereas, the Competent Authority has under sub-section (1) of Section 6 of the said Act submitted his reportto the Central Government ;

And whereas, the Central Government has after consider-ing the said report, decided to acquire the right of user inthe lands specified in the Schedule appended to thisnotification ;

Now, therefore, in exercise of the powers conferred bysub-section (1) of Section 0 of the said Act, the CentralGovernment hereby declares that the right of user in thesaid lands specified in the Schedule appended to this notifica-tion is hereby acquired for laying the pipelines ;

And, further, in exercise of the powers conferred by sub-section (4) of that section, the Central Government directsthat the right of user in the said lands shall instead ofvesting in the Central Government, vest on this date ofthe publication of this declaration in the Hindustan Petro-leum Corporation Limited free from all encumbrances.

Mandal : Reddigudem

Name of Village

(1)Muchenapalli

SCHEDULE


Survey No./SubDivision —

(2)

480/1480/2477/2486/1486/2486/3486/4486/5487/5487/6487/7487/8488496/3B494/2494/3494/4513/1513/2509507/2507/3506/2506/3

370/3369/1368/1355/2355/3356/4354358

PartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPart

Hectare

(3)0000000000000000000000000000000000000000000000000000000000

000000

Area

Ares

(4)

33.014.010.013.009.508.007.001.011.523.003,009.500,516.518.011.514.021.521.500,502.535,004.024.014.017.018.510.5

01.033.506.0

District : Krishna

Acres

(5)000000000000000000000000000000000000000000

000000

00000000

00000000

Cents

(6)823525322420170328570823013945293552520106860959

3542462640038215

1339

(1)

Muchenapalli —(Contd.)

Kunaparajuparva

Kudapa

(2)

359/1359/2

359/3360/2342/1342/2342/3300/4301/3301/4301/5301/1302/1302/2334/1312/1312/2312/4312/5317/1317/2318319/2320260/2257/1

' 257/2255/1253/2254/2254/3

14/1A14/2A14/312/112/412/511/110/19/38/28/3

8/4243/1242/2237/1237/2230/3233/2233/3234/1234/2234/3

PartPart

PartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPart

(3)

0000

0000000000000000000000000000000000000000000000000000000000

0000000000000000000000

0000000000000000000000

(4)

10.010.506.011.502.520.503.014.007.005.506.506.004.529.008.508.009.008.526.012.512.032.005.530.023.521.511.006.022.015.508.506.005.024.023.009.500.539.515.527.503.020.005.516.543.508.500.516.503.020.009.509.001.5

(5)

00000000000000000000000000000000000000000000000000000000000000

0000000000000000000000

0000010000000000000000

(6)

25251529065108351714161511722120222164313079147458532715543821

1514605624019838680750

1341082101410750232204


0)

Kudapa—(Contd.)

Rudravaram

(2)

234/5210211/1211/2232/5212/1212/2212/372/272/3A72/3B8079/279/3A79/3D79/3E78/184/1C84/2110108.107/2A107/2B117/2A117/2B122/1122/2123126/1A126/4 A125/2

125/3125/1125/4125/5125/6125/7125/8

38/138/237/136/2A4/1A4/1B4/1C4/23/108/18/2E8/2D6/56j66/7

PartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPart


PartPartPartPartPartPartPartPartPartPartPartPartPartPartPart

(3)

00000000000000000000000000000000000000000000000000000000000000

00000000000000

000000000000000000000000000000

(4)

03.504.000.516.507.000.517.013.028.516.014.009.518.008.007.000.501.012.026.042.524.007.503.513.525.018.516.018.004.003.502.005.510.006.506.502.500.501.504.001.003.502.500.514.006.012.007.504.003.002.508.504.515.5

(5)

00000000000000000000000000000000000000010000000000000000000000

00000000000000

0000000000000000

00000000000000

090901411701

12327040342345201701023064055919093362464045100905

14251616060104

100309060135153019100706211138

1341

(1)

Rudravaram (Contd.)

f2)

6/86/922/222/318/221/121/221/521/421/3235/2235/3235/4A235/4B235/6A243/1243/3262/1262/2263/5265/1265/5264/3273/3273/2273/4273/1274/1A274/2A286/1B1286/1B3286/2

PartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPart

(3)

0000000000000000000000000000000000000000000000000000000000000000

(4)

04.010.509.000.515.008.008.001.012.504.018.036.506.520.000.536.510.005.515.026.522.521.503.018.000.500.511.530.501.505.009.003.0

(5)

0000000000000000000000000000000000000000000000000000000000000000

(6)

1026220137202003311044901650018825133765555308440101297604122208

[F. No. R-31015/7/96-ORII]K. C. KATOCH, Under Secy.

1343

New Delhi, the 18th February. 1997S. O, 548.—Whereas by a notification of the Govern-

ment of India in the Ministry of Petroleum and NaturalGas number S.O. 3247 dated the 23rd November, 1996 issuedunder sub-section (1 ) of section 3 of the Petroleum and Mine-rals Pipelines (Acquisition of Right of User in Land) Act, 1962(50 of 1962) the Central Government declared its intentionto acquire the Right of User in the lands specified in theSchedule appended to that notification for the purpose oflaying pipelines for transport of Petroleum from Visakha-patnam to Vijayawada in the Slate of Andhra Pradesh byHindustan Petroleum Corporation Limited .

And whereas, copies of the said Gazette notification weremade available to the public on the 28th day of December,1996:

And whereas, the Competent Authority has under sub-section ( 1 ) of Section 6 of the said Act submitted his reportto the Central Government :

And whereas, the Central Government has after consider-ing the said report, decided ft) acquire the light of user inthe lands specified in the Schedule appended to thisnotification ;

Now. therefore, in exercise of the powers conferred bysub-section (1 ) of Section 6 of the said Act, the CentralGovernment hereby declares that the right of user in thesaid lands specified in the Schedule appended to this notifica-tion is hereby acquired for laying the pipelines ;

And, further in exercise of the powers conferred by sub-section (4) of that section the Central Government directsthat the right of user in the said lands shall instead orvesting in the Central Government, vest on this date of(he publication of this declaration in the Hindustan Petro-leum Corporation Limited free from all encumbrances.

371 GI/97—6


Mandal : Kotananduru

Name of Village

1

Kotananduru

Lakshmidevipeta

K. E. Chinnaiahpalem

Rajavaram

Gangavaram

Ramakrishnapuram

Kotturu

SCHEDULE


Survey No,/Sub Division —

2

16/13/2B20/7

23/228/133/267/19093/1195/2139/1139/2140

189/4200/2200/3

54/4C55/556/1258/2B58/3B80/2B80/3B80/4B80/5B81/1C81/281/4B81/5B81/6C56/156/ll

117/4114/4

115119/2C1119/2C2

137/3137/6137/7137/9B149/6A149/6C151/1

Hectare

PartPart

PartPartPartPartPartPartPartPartPartPartPart

PartPartPart

PartPartPartPartPartPartPartPartPartPartPartPartPartPartPartPart



3

0000

0000000000000000000000

000000

00000000

000000000000000000000000

0000000000

00000000000000

District : East Godavari

Area

Ares

4

00.503.5

05.5

09.018.528.505.500.501.503.008.003.010.0

06.515.003.0

06.004.009.508.008.505.503.514.510.008.004.005.005.004.501.500.5

08.518.013. 502.015.0

09.003.004,014.003.001.002.0

Acres

5

0000

0000000000000000000000

000000

00000000000000000000000000000000

0000000000

00000000000000

Cents

6

0109

13

466914010408200825

163708

15102320211309362520101212110401

2145330536

23081034080205

1345

1

Mulagapudi

Balarampuram

Gummaregula

2

87/6B Part95/2 Part147/1 Part147/2 Part153 Part157/2 Part188 Part193/1 Part193/2 Part195 Part204/1 Part205/3C Part205/6D Part205/2C Part

27/2B Part27/4B Part30/1 Part34/1 Part59/2 Pan36/1 Part66 Part28 Part

3

0000000000000000000000000000

000000

0000000000

4

20.543.037.001.018.0

23.501.005.512.037.019.506.519.506.5

20.022.017.0

01.039.511.530.512.0

5

0001000000000000000000000000

000000

0000000000

6

5106920345560313309247164816

505642

0397297630

F.No.R-31015/15/95-OR II]K.C. KATOCH, Under Secy.

MINISTRY OF LABOUR


S.0.5 549—In pursuance of Section 17 of the IndustrialDisputes Act, 1947 (14 of 1947), the Central Governmenthereby publishes the award of the Industrial Tribunal.Madras as shown in the Annexure in the industrial disputebetween the employers in relation to the management ofLife Insurance Corporation of India and their workmen,which was received by the Central Government on 29-1-1997.

[No. L-17012/35/9l-IR (B-II)]BRAJ MOHAN, Desk Officer

ANNEXURE

BEFORE THE INDUSTRIAL TRIBUNAL, TAM1LNADUMADRAS

Wednesday, the 13th day of November, 1996

PRESENT ;

Thiru S. Thangaraj, B.Sc, LL.B., Industrial Tribunal.

Industrial Dispute No. 76 of 1991

(In the matter of the dispute for adjudication under Section10(1)(d) of the Industrial Disputes Act, 1947 between theWorkman and the Management of Life Insurance CorporationLtd., Madras).

BETWEEN

'I he Workman represented by

The General Secretary,Life Insurance Corporation, Employees Union,Bharat Insurance BIdg., (Annexe), 93, Anna Salai,Mndras-2,

AND

The Zonal Manager,Life Insurance Corporation of India-102, Anna Salai.Madras-2.

REFERENCE :Order No. I.-17012/35/91-IR (B-II), Ministry of Labour,

dated 14-11-91, Gowernment of India. New Delhi,


This dispute coming on for final hearing on Tuesday, the24h day of September, 1996 upon perusing the claim andcounter statements and all other material papers on recordand upon hearing the arguments of Tvl. K. Chandru and D.Bharathy, Advocates appearing for the Workman and ofThiru S. Masilamani Advocate appearing for the managementand this dispute having stood over till this day for considera-tion, this Tribunal made the following

AWARD

Government of India, vide their Order No. 1.-17012/35/91-IR (B-II), Ministry of Labour, dated 14-11-91, have refer-red to this Tribunal for adjudication of the following issue :

"Whether the action of the Management of Life InsuranceCorporation of India in converting Shri M. V.Janakiraman, from the post of lnternal Audit Asstt.(I.AA) to H.G.A .(Admn.) Madras Divisional Officewithout assigning any reason is justified ? If not,what relief is the workman entitled to ?"

2. The main averments found in the claim statement filedby the Petitioner-union are as follows :

The workman concerned in the dispute M. V. Janakiramanjoined as Assistant in the Internal Audit Department of therespondent-management on 18-1-60. On 2-1-65, he wasappointed as Internal Audit Assistant and was confirmed inthe said post w.e.f. 2-7-65, The Internal Audit Assistantsarc entitled to special allowance and on 12-5-89, the corpora-tion revised the special allowance on the following terms ;

"Higher Grade Assistants appointed as Internal AuditAssistants ;

(a) for the first five years— Rs. 150 p.m.(b) for the next five years—Rs. 200 p.m.(c) for subsequent years—Rs, 225 p.m.

The special allowance referred to in the above sub-ruleshall not be treated as part of the basic pay ; provi-ded that 60 per cent of the special allowance shallcount for the purpose of Provident Fund, Gratuity.House Rent Allowance (HRA) and for re-fixationof salary on Promotion."

Since 1967 the post of Internal Audit Assistant is aselection post, and appointments were made to the post byInternal selection from HGA (Admn). Once a person isappointed as Internal Audit Assistants, he was not postedin any other department as special pay was attached to thesaid post. The special pay was subsequently skilled as specialallowance. If any employee working as Internal Audit Assis-tant sought for a posting on the administration side, anundertaking is obtained from the said employee to forego thespecial allowance together with corresponding dearness allow-ance. In certain exigencies, the respondent refused to relievepersons working as Internal Audit Assistants to be posted asHGA (Admn.). The two exceptions are promotion and con-sent transfer. The respondent by an order dated 29-3-89stated that his post has been converted from Internal AuditAssistants to HGA (Admn). Notice contemplated u/s. 9-Aof the Act was given to him and no reason was assigned tohim for the unilateral action of the respondent. The peti-tioner-workman had sent many letters objecting to such atransfer. However, the respondent did not change the saidorder. The impugned action of the respondent is violative ofArt. 14 of the Constitution. It is contrary to the principles ofnatural justice. The workman was appointed in the post of In-ternal Audit Assistant 26 years age and it was not open to therespondent to post him in any other post without his consent.As Internal Audit Assistant, the workman has been receivingthe special allowance for over 26 years and the respondentcannot withdraw the allowance without complying provisionsof Section 9-A of the I. D, Act, 1947. The respondent can-not say that Internal Audit Assistant is not a functional post.The special allowance will count for gratuity and the with-drawal of special allowance will reduce the claim of gratuity.The action of the respondent is contrary to the existing prac-tice. Award may be passed holding that the conversion iswholly illegal and permit the workman to draw full allowanceattached of Internal Audit Assistant w.e.f. 31-5-80 togetherto the post with penal interest of 12% per annum.

3. The main averments found in the counter filed by therespondent are as follows :

As per Rules HGAs appointed as lnternal Audit Assis-tants are entitled in addition to the scale of payspecified in the rules, special allowance consideringthe number of days on tour every month. Thespecial allowance so paid was not to be treated aspart of the basic pay, The selection to the postof Internal Audit Assistants was made from the cate-gory of Assistants who arc eligible otherwise, consi-dered for promotion to the cadre of Higher GradeAssistants. It is for the management to decide onthe placement of staff considering the needs of variousdepartments, special scales of the incentive to thepost over official exigencies. It is not the case ofthe petitioner that he has not been singled out fortransfer nor his transfer was malafide and discrimi-natory. Nor it is his intention that his transferamounts to penalty or victimisation warranting inter-ference by the Courts. The contention of the peti-tioner that if any person is appointed as InternalAudit Assistant, he is not liable to be posted in anyother corresponding post without his consent istotally misconceived. The allegation of the peti-tioner that the transfer was made without givingany notice under Section 9-A of the I.. D. Act, 1947is without any basis. The petitioner was aware thatonce he has been transferred from Internal AuditDepartment, the special allowance 1 hat has beenpaid for particular post will be withdrawn andhence no notice is contemplated for his transfer.In the instant case, the workman was transferredfrom one post of another in the same cadre and itis only the inter departmental transfer and not aconversion of the post as alleged by the petitioner.The allegation of the petitioner that the transfer isviolative of Art, 14 of the Constitution, is notproper. The petitioner has not explained as tohow this mutter which is administrative, amount tothe violation of Constitution. The allegation thatthe transfer is against the principles of natural justiceis not tenable. The ground that the petitionershould have been consulted before transferring tothe administrative side will not stand the test ofjudicial scrutiny. It is for the petitioner to provethat the special allowance paid to the workman isnot a functional allowance and the said allowancecannot be paid even after the person cesses toperform that action. There is no merit in the allega-tions raised by the petitioner. Hence industrialdispute may be dismissed.

4. Two witnesses have been examined on the side of thepetitioner. Exs. W-l to W-19 have been marked. No wit-ness was examined and no documents filed on the side of therespondent.

5. The Point for consideration is : Whether the action ofthe Management of Life Insurance Corporation of India inconverting Shri M. V. Janakiraman from the post of InternalAudit Assistant (I.AA) to HGA (Admn.) Madras DivisionalOffice without assigning any reason is justified ? If not, whatrelief is the workman entitled to ?''

6. The Point : The Insurance Employees' Union, Madrasrepresented by its General Secretary has raised this disputeregarding conversion (transfer) of Shri M. V. Janakiramanfrom the post of Internal Audit Assistants to HGA (Admn).Shri M. V. Janakiraman, joined the respondent-Corporationon 18-1-60. Subsequently he was promoted as Internal AuditAssistant on 2-1-1965, and for the said post, he was confirmedon 2-7-65. The post of internal audit assistants carries somespecial allowance. As per the amendment made on 12-5-89,the special allowance was given to he HGA appointed asInternal Audit Assistants. In the proviso to the said amend-ment, it has been stated that 60% of the Special Allowanceshall count for the purpose of Provident Fund, Gratuity,House Rent allowance and for the fixation of salary on pro-motion. It is mainly on this ground, the petitioner-union hasraised this dispute on behalf of the workman concerned.

7. It is the case of the petitioner-union that the workmanShri M. V. Janakiraman was converted from the post ofInternal Audit Assistant to the post of Higher Grade Assistant

1347

(Admn.) and there is no rule for such a transfer. It causedfinancial loss to the workman concerned. The respondent/management has stated that one can be transferred from onepost to another and one place to another. As such thetransfer was effected in good faith. Further, it was alsocontended that the special allowance carried with the postof Internal Audit Assistant and when once the said workmanhas been transferred from the said Post, he is not eligible todraw the special allowance and consequently there cannotbe any financial loss to the concerned workman. The transferof employees from one post to another is a managerial func-tion and generally the Labour Courts or Tribunals cannotquestion such transfers unless they are malafide or effectedby way of victimisation. The petitioner-herein did not saythat transfer of the workman was effected on malafide. So,it is clear that the petitioner-union has admitted that thetransfer was not malafide one. However, the petitioner-unionhas contended that by way of transfer had to leave the posthe had worked for 26 years and consequently he had to losespecial allowance and 60% of the special allowance shallcount for the purpose of Provident Fund, Gratuity, HouseKent allowance and for the re-fixation of the salary on promo-tion. The workman was retired from service on 30-1 l-94.There is no material on record that subsequent to his transferand before the date of his retirement that he was eligible forany promotion even if he had continued on the post of Inter-nal Audit Assistant. Now it is the contention of the petitioner-union that the effect of the transfer has caused financial lossto the workman by losing the special allowance and also60% of the special allowance which will be counted forthe purpose of Provident Fund, Gratuity, and House Rentallowance. It was also argued on the side of the petitioner-union that in fact it was a conversion which has causedheavy loss to the workman. Ex. W-6 the order of transferin the reference says: "Transfer to administrative Side".

Though the word conversion has been used in the said order,it is nothing but an order of transfer. When the workmanhad raised objection to such transfer, the authorities con-cerned have referred the matter to the Central Office andthe competent authority had sent reply which is extracted inEx. W-13. The competent authority informed Ihe workmanthat :

"There is no separate scale of Internal Audit Assistantsbut all the employees are in the scale of HGA andso long as they remain appointed as Internal AuditAssistants they are entitled to draw special allowance.Employees of the Corporation are liable to be trans-ferred from one post to another and from one placeto another. In the circumstances, the competentauthority has transferred Shri Janakiraman, fromAudit and Inspection Department to Administrativeside, the employee cannot take any exception tothe order passed. Once the transfers effected, thesalary applicable to the post to which he is trans-ferred is payable in accordance with regulation 52of the (Staff). Regulations. In view of the provi-sions of the said regulation 52, he will not beentitled to draw the special allowance applicable tothe post of internal audit assistants after his trans-fer."

From the said order, it is clear that the transfer waseffected by the competent authority on administrative reasons.As the petitioner union has not challenged the order on theground of malafides, there is no scope for this Tribunal tointerfere with the order passed by the competent authority.The respondent-management have quoted rule 52 to substan-tiate the reason that the employee shall draw the salary ofpost to which he is appointed. The workman was transferredas HGA (Admn) and ho has taken charge of the post he iseligible to draw the pay and other allowance if any to thep o s t w h i c h he is officiating and he is not eligible to drawthe special allowance and other benefits which he had beendrawing earlier while officiating in a different post. Rule 80of the Life Insurance Corporation of India (Staff) Regula-tion 1960 reads :

"The competent authority may transfer an employeefrom one department to another in the same officeor from one office of the Corporation to anotherOffice."

So, it is clear that the competent authority has got powerto transfer an employee from one department to another andfrom one office of the Corporation to another office. My

attention was drawn to a ruling of our Supreme Court inRajendra Roy Vs. Union of India and another [1993 AIRSC (W) 520] at page 523 wherein it was held ;

"Unless such order is passed malafide or in violation ofthe rules of service and guidelines for transfer with-out any proper justification, the Court and theTribunal should not interfere with the transfer. Ina transferable post in order of transfer is a normalconsequence and personal difficulties are mattersfor consideration of the department."

From the decision of our Supreme Court it is clear thatwhen the transfer has been effected in accordance with theRules, the Tribunal cannot interfere. Further personal diffi-culties arc matters for the department to consider and define-tely not for the Tribunal. By way of his transfer from InternalAudit Assistant to Higher Grade Assistant (Admn) thepetitioner who was in the fag end of his service had to sufferfinancial loss. However, this Tribunal cannot consider suchpersonal difficulties and mould the award accordingly. It)was contended on the side of the petitioner that before effect-ing the transfer, since the transfer had caused financial lossto the workman, the respondent management has not givennotice as contemplated u/s. 9-A of the I. D. Act, 1947. Insupport of its case, the petitioner-union ht\s cited a decisionof our Apex Court, in Indian Overseas Bank Ltd. Vs. Theirworkman [1969 (18) FLR P. 108] wherein it was held atpage 111,

'But since this allowance came into existence in theIndian Overseas Bank after the matter was raisedby Indian Overseas Bank Employees' Union beforethe Regional Labour Commissioner at Madras andwas accepted by the Bank as the gesture of good-will it must be treated as a term and condition ofthe service of Om Prakash Gupta to whom it wasadmissible. Once we reach this position, it is clearthat under Section 9-A of the Industrial DisputesAct, read with Rule 34 of the Industrial Disputes(Central) Rule, 1957 a notice of change in theconditions of service applicable to Om PrakashGupta had to be given Form E appended to theRules."

At page 112,

"In our Judgement, therefore, the Tribunal was rightin deciding that the "key allowance" was payableeven after the Desai award and that Om PrakashGupta was entitled to receive it till it was stoppedin accordance with law."

There is subtle difference between the case on hand and thecase referred. In the said case, key allowance of Rs. 15 p.m.was paid to the Cashier of Indian Overseas Bank, and thesame was ordered to be discontinued from 1-12-62. Theworkman raised the dispute through Union on behalf of OmPrakash Gupta who has been receiving the said amount.The Supreme Court held that the discontinuance of keyallowance was not as per Rules and Desai Award and thesaid workman was entitled to receive it till it was stoppedin accordance with law. It is clear from this decision thatthe allowance which was paid to certain category of work-men cannot be stopped in accordance with law. In theinstant case the workman was transferred from one post toanother and such a transfer can be effected as per Rule 80and the workman is eligible to draw the Pay and allowancewhich is prescribed for the post which he is officiating. Itis clear from Rule 52 of Life Insurance Corporation of India(Staff) Regulations I960, when the workman has ceased tohe an Internal Audit Assistant, he cannot claim the benefitswhich he had been enjoying while in that post.

7. Before considering the effect of nun-issuance of noticeas contemplated u/s . 9-A of the I. D. Act. 1947 it is neces-sary to state another decision submitted by the petitioner-union. In Management of Indian Oil Corporation Ltd Vs.its workmen (1975 II LLJ P. 319) at page 326, Apex Court;held :

"It was next contended that even if Section 9-A of theAct applied, the Tribunal should have gone intothe question on merits instead of giving the awardon the basis of non-compliance with the provisions

1348 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART II—SEC-3(ii)]

of Section 9-A. This argument also appears tous to be equally untenable. On the facts and cir-cumstances of the present case, the only point thatfell for determination was whether there was anychange in the conditions of service of the workmenand, if so, whether the provision of Section 9-Aof the Act. were duly complied with. We cannotconcede of any other point that could have fallenfor determination on merits, after the Tribunal heldthat Section 9-A of the Act applied and had notbeen complied with by the appellant."

Notice of change is contemplated u/s. 9-A of the I. D. Act.No employer who proposes to effect any change in the condi-tions of service applicable to any workman in respect ofany matter specified in IV schedule shall effect such change.(a) without giving a notice (b) within 21 days of givingsuch notice. In the instant case, there was no change in theconditions of service of the workman. Though apparentlyit seemed to the workman that his service conditions havebeen changed without notice, in fact it was effect of histransfer from one post to another which the competent autho-rity can effect as per rules. The transfer has been effectedas per Rules. When he has joined as Higher Grade Assistant(Admn) he is eligible to draw the salary and allowance per-taining to the said post. 'I he special allowance was givento Internal Audit Assistants for the reason that for Auditpurposes they have to visit other places. It is only for suchofficial inspection held in various places such special allowancewas given to Internal Audit Assistants. When one workmanhas ceased to he an Internal Audit Assistant and joined asHigher Grade Assistant (Admn) he cannot expect to drawthe special allowance which he was eligible earlier as InternalAudit Assistants. So, there was no change in the conditionof service and Section 9-A of the Industrial Disputes Actl947 will not he applicable to the instant order of transfer.

8. The workman has contended that by making such achange in the service condition, the respondent managementhas victimised him. the foregoing discussion clearly showsthat it was only a transfer and it was nut done on malafides.Further competent authority is empowered to makesuch transfers as per Rules, The petitioner has notpleaded mala fides However, for not following theprovisions of Section 9-A Industrial Disputes Act,1947 it was contended that the said transfer amounts tovictimisation. As there was no change in the condition ofservice, no notice was required for effecting such transferfrom one department to another. Therefore, such transferwill not amount to victimisation of the workman concerned.

9. The subsequent receipt of benefits on his retirementcannot be a matter to be decided in this dispute, as it is outof scope of the reference,

10. From the foregoing discussion, it is clear that thetransfer of the workman from one department to anotherhas been effected as per Rules of the Corporation and theworkman is not entitled to any relief.

In the result, award is passed dismissing the claim of theworkman. No costs.Dated, this the 13th day of November 19%

S. THANGARAJ, Industrial Tribunal

WITNESSES EXAMINED

For Workmen :WW-1—Thiru M. V. Janakirarman.WW-2-R. Bhoopathy.

For Management :None.

DOCUMENTS M A R K E D )

For Workmen :Ex. W-l/20-3-63—Circular calling for application to the

post of Internal Audit Assistant (Xerox copy).Ex. W-2/10-7-64—(Interview letter sent to Thiru M. V.

Jankiraman (Xerox copy).IX W-3/2-1-65—Promotion order given to the workman

(Xerox copy).

Ex. W-4/2-1-65—Letter from WW-l to the Management(Xerox copy).

E\. W-5/6-12-65—Order confirming WW-1 as InternalAudit Assistant (Xerox copy).

Ex. W-6/29-2-89—Order granting conversion from Inter-nal Audit Assistant to Higher Grade Assistant(Administration) (Xerox copy).

Ex. W-7/30-3-89—Letter from WW-I to the Management (Xerox copy).

Ex. W-8/27-5-89—Order relieving WW-1 from A and Idepartment (Xerox copy).

Ex. W-9/30-5-89—Reply by the management to Ex, W-9E\. W-9/30-5-89—Letter from WW-1 to the Management

(Xerox copy).Ex. W-10/30-5-89—Reply by the management to Ex. W-9

(Xerox copy).Ex. W-ll /31-5-89—Letter from WW-1 to thc Manage-

ment (Xerox copy).Ex. W-I2/2-8-89—Letter from WW-1 to the Manage-

ment (Xerox copy).

Ex. W-l3/2-8-89—Order of Management discontinuingSpecial allowance (Xerox copy).

Ex. W-14/ —Letter from Petitioner-union to theConciliation Officer (Xerox copy).

Ex. W-15/ —Reply by the management filed beforethe Assistant Labour Commissioner (Control) Madras(Xerox copy).

Ex. W-l6/6-3-91—Reply by the Management filed beforethe Assistant Labour Commissioner (Central) Madras(Xerox copy).

Ex. W-I7/3-5-91— Rejoinder filed by the Petitioner-unionbeforc the Conciliation Officer (Xerox copy).

Ex. W-18/I2-7-9I— Conciliation Failure report (Xeroxcopy)

Ex. W-19/ —Discharge receipt for Rs. 1.69,460.00issued to WW-1 (Xerox copy).

For Management :NIL


S.O. 550.—In pursuance of Section 17 ofthe Industrial Disputes Act, 1947 (14 of 1947),the Central Government hereby publishes theaward of the Central Government IndustrialTribunal, KANPUR as shown in the Annexurein the Industrial Dispute between the employersin relation to the management of BANK OF

1349

BARODA and their workmen, which was receivedby the Central Government on 3-2-1997.

[No. L-12012|198|93-IR(B-II)]BRAJ MOHAN, Desk Officer

ANNEXURE

BEFORE SRI B. K. SRIVASTAVA, PRESIDINGOFFICER. CENTRAL GOVERNMENT INDUS-TRIAL TRIBUNAL-CUM-LABOUR COURT,

PANDU NAGAR, KANPUR


In the matter of dispute :

General Secretary,U.P. Bank Employees Union,165 Sohbatiya Bagh,Allahabad.

AND

Regional Manager,Bank of Baroda,Banerjee Building,Civil Lines, Allahabad.

AWARD

1. Central Government, Ministry of Labour,vide its notification no. L-12012|198|93 I.R. B-2dated 30-5-94 has referred the following disputefor adjudication to this Tribunal—

Whether the action of the management ofBank of Baroda Allahabad in denyingthe post of Special Assistant to at MSABranch Allahabad to Sri T K Bhatta-charya, senior most clerk and insteadassigning the duties to a special assis-tant at their Nawabganj Branch isjustified ? If not, what relief is thesaid workman is entitled to ?

2. On 16-2-91 an agreement had taken placebetween the management of Bank of Baroda andAll India Bank of Baroda Employees Federation.Para 3.1 of this settlement goes as under—

The bank shall assign the duties of SpecialAsstt. to clerical staff in the ratio of20 per cent of internal promotions toofficers cadre within 90 days from thedeclaration of such promotions to offi-cers cadre. Fraction of 0.5 per cent ormore is to be rounded off to one.Any fraction of Jess than 0.5 per centis to be ignored. If there are not suffi-cient number of promotion to the offi-cers cadre warranting promotion ofat least one special assistant in the stateof the Administrative Region of thebank whichever is smaller, the bank

agrees to assign the duties of specialassistant to one clerk. However, ifthere is no promotion to the officerscadre in the state or the administra-tive region of the bank whichever issmaller, no assignment of duties ofspecial assistant shall be made.

Para 3.5 of this agreement deals with themanner in which the post of special assistanthad to be filled within 90 days of the identifica-tion of such vacancies.

3. The case of the applicant T K Bhattacharyais that one D K Banerjee was posted as SpecialAssistant in MSA Branch in Allahabad. He wastransferred on 27-4-91. Hence vacancies of spe-cial assistant had occurred. The concernedworkman was the senior most eligible candidatefor getting this post of special assistant at MSABranch. He made a representation to RegionalManager Allahabad on 7-5-91 but no reply wasmade. No steps were taken for filling the post ofspecial assistant at MSA Branch. Hence he isentitled for his posting as special Assistant atMSA Branch from the date it fell vacant becauseof transfer of D K Banerjee. The opposite partyin its written statement does not dispute the factthat the concerned workman was senior most,clerk which is also established from Ext. W.1copy of list dated 29-4-91. However their standis that after the vacancy had taken place as asequal of transfer of D. K. Banerjee steps weretaken to fill up the vacancies in manner as envi-saged in para 5 of settlement. Applications wereinvited from the eligible candidates. The appli-cant did not apply after complying with theprovisions of para 5 of the settlement on 2-7-91Arvind Bhattacharjee was held most suitableperson. Hence he was posted as Special Assis-tant at MSA Branch. Whereas on that verydate the concerned workman was offered thispost of special assistant at Nawabganj Branchwhich he did not accent. Thus the Dost of specialassistant at MSA Branch was filled within 90days as per provisions of settlement.

4. In the rejoinder nothing new has beensaid

5. None of the parties have adduced any oralevidence. Instead they have filed papers whichhave been exhibited.

6. Para 5 of settlement deals with mode ofselection of special assistant. First the bank isrequired to invite applications from eligibleclerks thereafter a seniority list is to be preparedon this basis. For each identified vacancy ofspecial assistant a list of three senior most eligi-ble person is to be prepared. It is to be follow-ed by interview. That person will be offered ajob of special assistant who is found suitable

1350 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 19I8 [PART II—SEC-3(ii)]

7. The management have filed papers to showthat applications were invited. Arvind Bhatta-charya had applied vide ext. M-3. The concer-ned workman did not apply as is evident from thelist prepared in Ext. M-9, dated 2-7-94. Henceat that time his name was not considered. Thusit is established that the concerned workman hadnot undergone the process of selection as is givenin para 5 of agreement. Hence he was rightlynot offered the post of Special Assistant at MSABranch after the vacancy had occurred due totransfer of TK Banerjee. The substance of theclaim of conerned workman is that by virtue ofhis seniority alone he was entitled for the postof special assistant at MSA Branch. I am notinclined to agree with this claim as has beenshown that it will be contrary to provision ofpara 5 of the settlement.

8. Hence my award is that the concerned work-man was rightly not offered the post of SpecialAssistant at MSA Branch at Allahabad in placeof T K Banerjee and he is not entitled for anyrelief.

9. Reference is answered accordingly.

B. K. SRIVASTAVA, Presiding Officer


S.O. 551.—In pursuance of Section 17 of the IndustrialDisputes Act, 1947 (14 of 1947), the Central Governmenthereby publishes the award of the Central Government In-dustrial Tribnul, Kanpur us shown in the Annexure in theIndustrial Dispute between the employers in relation to themanagement of Bank of Baroda and their workmen, whichwas received by the Central Government on 03-02-97.

[No. L-12012/157/94-IR (B-II)]

BRAJ MOHAN, Desk Officer

ANNEXURE

BEFORE SHRI B. K. SRIVASTAVA, PRESIDING OFFI-CER CENTRAL GOVERNMENT INDUSTRIAL TRIBU-

NAL-CUM-LABOUR COURT DEOKI PALACE ROAD

PANDU NAGAR, KANPUR


In the matter of dispute :

BETWEEN

A. K. Jain,General Secretary,U. P. Bank of Baroda Employees UnionCentral Office Bank of Baroda,Boli Bazar, Shakha Meerut.ANDRegional Manager,Bank of Baroda,Regional Office,Panel if Onkar Dutt Sharma Marg,Civil Lines Moradabad,

AWARD

1. Central Government, Ministry of Labour, New Delhivide its Notification No. L-12012/157/94 dated 11-10-94 hasreferred the following dispute for adjudication to this tri-bunal :

"Whether the action of the management of Bank ofBaroda, Moradabad in not absorbing and termina-ting the services of Shri Sageer Ahmed, Driver w.e.f13-2-93 (AN) is justified ? If not, what relief is thesaid workman entitled to ?"

2. The case of the concerned workman Sageer Ahmed isthat he was appointed as Cash Van Driver on 14-10-92 atMoradabad main branch of the opposite party bank ofBaroda. He continuously worked their upto 13-2-93, whenhis services were brought to an end. After his retrenchmenta new hand was appointed in June 1994 without affordinghim opportunity. Hence there is breach of Section 25H I.DAct.

3. The opposite party has filed reply in which it has beenalleged that the concerned workman was engaged as casualdaily rated worker. The concerned workman did not workcontinuously. He had worked for 73 days. In this way hehad not completed 240 days in a year. Hence Section 25VT.D. Act was not applicable. It was also alleged that theconcerned workman had left the job of his own.

4. In the rejoinder it is denied that the concerned work-man has left the job.

5. There are exhibit MM to M-3 vouchers thereby whichthe concerned workman was paid wages. In these vouchersthe concerned workman was described as temporary. Hencethe stand of the Management that the concerned workman wasa casual worker is not correct.

6. There is no dispute that the concerned workman hadworked between 14th October, 1992 to 13thFebruary. 1993 intermittently. It has been shownthat the concerned workman was temporary worker. It isalso established that he had not worked more than 240 daysin a year. Hence it is argued on behalf of the managementthat Section 25H will not be applicable. Now this conten-tion stands repelled by the case of Central Bank of India V|s.S. Satyam 1946 LAB T.C. 2248 in which it has been held thatprovision of Section 25G&H arc independent of Section 25FI. D. Act, Hence for extending benefit of Section 25G & Hit is not necessary that the workman should have completed240 days in year. A temporary workman is entitled for Itsbenefits even if he has worked for a month or so. Hence theconcerned workman will be entitled of benefit of Section 25HI.D. Act as well. In para 13 of claim statement it was speci-fically alleged that a new hand was recruited after his termi-nation. There is no denial of this fact in the written state-ment. Hence it should be admitted under order VIII rule 5C.P.C. Apart from this the concerned workman has specifi-cally stated that after retrenchment on a Balbir Singh hasbeen engaged but he was not given opportunity. Ravi KumarArora a Senior Manager of the opposite party of Bank bos en-tered into witness box as MW(1) but has not rebuttedthis fact. Hence I am no hesitation in accept the version of

1351

the concerned workman. Accordingly it is held that the con-cerned workman was not given opportunity when Balbir Singhwas engaged as Driver after the retrenchment of the concer-ned workman. In this way the termination being in breachof 25H I. D. Act is bad in law.

7. There is no evidence worth the name to show that theconcerned workman had abandoned the job.

8. In the end my award is that the termination of the con-cerned workman is bad in law. Hence he is entitled for rein-slniemcnt with back wages and continuity in service.



S.O. 552.—In pursuance of Section 17 of the Indus-trial Disputes Act, 1947 (14 of 1947), the Central Govern-ment hereby publishes the award of the Central GovernmentIndustrial Tribunal, KANPUR as shown in the Annexurein the Industrial Dispute between the employers in relationto the management of ALLAHABAD BANK and theirworkmen, which was received by the Central Government on03-02-97.

[No L-12012/545/87-IRB-II]BRAJ MOHAN, Desk Officer

ANNEXURE

Before Sri B. K. Srivastava Presiding Officer Central Govern-ment Industrial Tribunal-Cum-Labour Court Pandu Nagar,Kanpur.

Industrial Dispute No. 30 of 1985 In the mater of dispute,

BETWEENSri Kailash Kumar C/o Sri P.N. Tewari General SecretaryUPBEU 165 Sobatiabagh Allahabad,

AND

Dy. General Manager Allahabad Bank HazaratganjLucknow.Appearance:- Sh. M.K. Verma for the Mang. Sh. B.P.Saxena for the Workman

AWARD1, Central Government, Minisry of Labour, New Delhi,vide its notification No.L-12012/545/87-D.II(A) dated 7.3.88has referred the following dispute for adjudication to thisTribunal—

Whether the action of the management of Allahabad Bankin dismissing from service Sri Kamlesh Kumar Clerk-cum-Cashier vide order dated 11.2.86 is justified?If not to what relief is the workman entitled?

2, The concerned workman Kamlesh Kumar was emplo-yed as a Peon cum Fan-ash by the opposite party AllahabadBank on 7.2.80. Lateron he was promoted to the post of

clerk cum cashier and was posted at Jarwal Branch of thebank in District Bahraich. Subsequently he was transferredto Barabanki Branch. On 9.7.84 he was served with achargesheet relating to two misconducts one of Jarwal and theother of Barabanki which reads as under:—

While you were posted at Branch Office Jarwal KasbaDistrict Bahraich as peon cum Farrash a sum of Rs..4500/- was fraudulently drawn by you on 17-6-83 fromthe S/B A/c No. 736 of one Sri Satya Nar in through bearercheque no. 718124 dt. 17.6.83. That subsequently on yourposting at Branch office Barabanki as clerk cum cashieryou on 13.6.84 fraudulently retained with you bundle con-taining 100 notes of two rupees denomination receivedby your at the cash receipt counter from M/s, Vikas Tra-ders the current account holder of the branch. On writtencomplaint addressed to the branch by the said a/c holderthe said sum of Rs. 200/- was returned by you to the saidaggrieved a /c holder on 16.0.8-!.

An officer of the bank B. L. Mehrotra of the opposite partybank war, appointed enquiry officer. After completing en-quiry he submitted his report on 22.11.85 whereby chargeno.l was hold to bo proved whereas charge no. 2 found to benot proved. Accordingly after issuing show cause notice disc,authority dismissed the concerned workman from service videorder dated 11.2.86 by way of punishment. Feeling aggrievedthe concerned workman has raised the instant industrial dis-pute. In the claim statement the popriety and fairness of thedomestic enquiry was challenged. On the other hand the mana-t'ement bank in their written statement has maintained thatenquiry was fairly and property hell and that it was theconcerned workman who had perpetrated fraud andforgery.

3. In the rejoinder nothing new was alleged.4. My learned predecessor vide finding dated 12.12.91

held on preliminary issue regarding fairness and proprietyof domestic enquiry that the same was vitiated. Accordinglyon the request of the management they were afforded oppor-tunity to prove the charges on merits.

5. In support of its case the management has examinedSushil Chandra Srivastava M.W.I Mahendra Pratap SinghM`W`2 and complainant Satya Narain as M.W.3. It maybe mentioned that Satya Narain was examined on the insi-istence of the authorised representative for the workman,Besides Ext.M-1 to M-6 were filed. The concerned work-man did not adduce any evidence Instead he had filed copyof statement of Mahendra Pratap Singh recorded incriminal case No. 235 of 94 recorded on 4-1-95 pending inthe court of civil Judge Bahraich .

6. Sushil Chandra Srivastava M.W. 1 is an officer of the bankand at the relevant time ho was posted as clerk cum cashier

at Jarwal Branch between 1983 and 1937. He was examinedto prove as to whether E\t. M-2 cheque was written by theconcerned workman. He showed his inability to say soThus this witness has not supported the version of the manage-ment. Mahendra Pratap Singh M.W.2 was work-ing as officiating Manager at this branch at the materialtime. He has stated that Ext.M-1 is the specimen signaturesof Satya Narain. In this Card there is overwriting, Ext.M.2 isthe cheque in question. He has stated that ithas been filled by forging signatures of Satya Narainby the concerned workman. He acquaintedwith the signatures of the concerned workman Hehas further stated that the concerned workman himself had

371 GI/97—7

1352 THE GAZETTE OF INDIA : MARCH 1, 1997/PHALGUNA 10, 1918 [PART II—SEC- 3(ii)]

taken the money of this cheque, on the pretext that Rampalhad gone some where. Ext.M-3 to M-6 are the copies ofledger. In his cross examination he has stated that his evidencewas recorded in criminal case in which he had stilted thatRs. 4500/- were paid to Ram Pal Yadav. Thus there is contra -diction in his statement. Satya Narain M'W-3 in his affi-davit has stated that he had not signed the cheque Ext. M-2and that it was in the hand writing of the concerned work-man and that he had not received the consideration on hischeque. The authorised representative of the concernedworkman did not cross examine him at all.

7, When during the course of argument it was enquiredfrom the authorised representation of the concerned work-man as to why Satya Narain was not cross examined hisreply was that as he had not proved the affidavit he wasnot cross examined . This reason is legally not tenable •When once a duly verified affidavit is filed in court no doubtis left to the genuineness of such affidavit. Hencethere was no need to specifically prove the same. Onceagain apart from this the concerned workman has speci-fically requested the Tribunal to summon Satya Narain forcross examination. Thus when he was produced in courton his request it was all the more necessary that he shouldhave been cross examined. It means that the concernedworkmen did not dispute the truthfullness of the evidenceof this witness. Hence in my opinion from his unrebuttedevidence coupled with Ext.M-1 and M-2 and entry in theledger and other papers it is proved to the hilt that it wasthe concerned workmen who had fraudulently prepa-red the cheque and had utilised the money as per charges.

8' As regards the evidence of Mahendra Pratap Singh.I am inclined to accept it as corroborative evidence,.

9. Inspite of the fact that he had made a different state-ment in criminal case. It may be mentioned that duringthe course of enquiry he had supported the version of thebank. Because in criminal court he resiled from it and yetagain before this Tribunal he has supported the version ofthe management. It was supported by the authorised re-presentative of the concerned workman that his evidence is innegative. Hence, there was no need to rebut it. I do not agreewith this contention. A contradictory statement cannot besaid to be negative. Further contradictory statement cannotbe said wholly unreliable, The verocity of such evidence canbe impeached by rebutting it. If it is not done such evidencecan be used altleast by way of corroboration.

10. From the above I come to the conclusion that chargeagainst the concerned workman is proved, The conduct ofthe concerned workman certainly amounts to loss of con-fidence and in my opinion in such cage nothing short ofdismissal would be adequate punishment.

11. Hence the management was justified in dismissingthe concerned workman from his services and ho is not enti-titled for any relief.

12. Reference is answered accordingly.



S.O. 553.—In pursuance of Section 17 of theIndustrial Disputes Act, 1947 (14 of 1947), theCentral Government hereby publishes the award ofthe Central G

the gazette of india · 2013. 3. 12. · 1304 the gazette of india : march 1, 1997/phalguna 10,...

Documents