{ FORM 0-3}

( To be submitted in triplicate { *** } )

[See Rule 75-B]

Form of application for permission to lay off, to continue the lay-off

Workmen in Industrial establishments to which provisions of
Chapter V-B of the Industrial Disputes Act, 1947 (14 of 1947) apply.

To

The Secretary,
Ministry of Labour,
Government of India.

[ The authority specified under sub-section (1) of Section 25 M]

Sir,
Under * sub-section (1) sub-section [(3)] of Section 25-M of the Industrial Disputes Act,
1947 (14 of 1947) read with sub-rule (1) of Rule 75-B of the Industrial Disputes (Central ) Rules
,1957 I/ we hereby apply for * permission to the lay-off 546 workmen of a total of 571
workmen employed in our establishment with effect from …………….
for the reasons set out in the Annexure.

Permission is solicited for the lay-off the said workmen.

Such of the workmen permitted to be laid –off will be paid such compensation, if any, to
which they are entitled under sub-section {(6)} of Section 25-M , read with Section 25-C, of the
Industrial Disputes Act, 1947 (14 of 1947).

Yours faithfully,

(Signature)
DY CME/ PROJECT OFFICER
LAJKURA O C PROJECT
IB VALLEY AREA( MCL)
 • Strike out whatever is inapplicable.

ANNEXURE

( Please give replies against each item )

Item No.
1. Name of the undertaking with complete : Office of the Lajkura Opencast Project,
Postal address, including telegraphic Post Office- Lamtibahal, Brajrajnagar,
Address and telephone number. Pin- 768233, Dist.- Jharsuguda(Orissa).
Telephone No.- 06645242095.
2. Status of undertaking: -

(i)Whether Central Public sector /State : Central Public Sector.

Public sector/foreign majority
company/ joint sector , etc.
(ii)If belongs to large industrial house, : It is a Project of Mahanadi Coalfields
Please indicate the controlling Limited (Which is a subsidiary of CIL)
group ; and if a foreign majority
company , indicate the extent of
foreign holdings.
(iii)Whether the undertaking is licensed/ : The Undertaking is Licensed/
registered and if so, name of licensing/ Registered.
registration certificate numbers.

3. a. *Names and addresses of the affected : As per Annexure-I.

workmen proposed to be laid-off/
names and address of the workmen
laid –off before the commencement
of the Industrial Disputes (Amendment)
Act, 1976 (32 of 1976) and the dates
from which each of them has been
Laid-off.
b. The nature of the duties of the workmen : Engaged of Mining of Coal &
Referred to in sub-item (a) , the units/ allied activities. The scale of
sections/shops where they are or were of pay is as per NCWA-VII,
Working and the wages drawn by them. A copy is attached in Annexure-II.

4. Items of manufacture and scheduled : Extraction & Selling of Coal.

Industry/industries under which they fall.

5. Details relating to installed capacity, :Mine Installation Capacity:

Licensed capacity and utilized capacity. Coal(MT) O.B (Cu.m)
1.01 4.38
 Mine Capacity Utilizsation-91%.
6. (i) Annual production, item wise for : As per Annexure-III.
preceding three years.

(ii) Production figures, month-wise, for : As per Annexure-IV.

the preceding twelve months.

7. Work-in-progress, item-wise and value : Extraction of coal and loading of the

wise. Same for transportation by road and
Rail.

8. Any arrangement regarding off loading : No such proposals.

Or sub-contracting of products or any
Components thereof.

9. Position of the order book-item-wise and : Not Applicable.

value-wise for a period of six months,
and one year next following, and for the
period after the expiry of the said one year.

10. Number of working days in a week with the : 03 Shifts /day, 07 working days
number of shifts per day and the strength in a week.
of workmen per each shift. 1st & GEN. Shift: 2nd Shift: 3rd Shift:= Total:
367. 98. 81. = 546.

11. Balance sheets ,profit and loss accounts and : As per Annexure- V .
Audit reports for the last three years.

12. Financial position of the company. : As per Annexure-VI .

13. Names of the inter-connected companies :It is a project under the management
or companies under the same management. Of Ib Valley Area of M.C.L.

14.(i) The total number of workmen (category- As per Annexure-VII .

wise ), and the number of employees
other than workmen as defined under the
Industrial Disputes Act, 1947 (14 of 1947),
Employed in the undertaking.

(ii) Percentage of wages of workmen to the : As per Annexure-VIII.

total cost of production.

15.Administrative , general and selling cost : As per Annexure -IX

in absolute terms per year in the last
three years and percentage thereof to
the total cost.
 16.Details of lay-offs resorted to in the : N I L.
last three years (other than the lay-off
for which permission is sought),
including the periods of such lay-offs,
the number of workmen involved in each
such lay-off and the reasons thereof.

17. Anticipated savings due to the *proposed : 4.25 Lakhs /day.

lay-off /lay-off for the continuance of
which permission is sought.

18. Any proposal for effecting savings on

account of reduction in –
(i) managerial remuneration, : N I L.
(ii) sales promotion cost, and
(iii) general administration expenses.

19. Position of stocks on last day of each : As per Annexure-X .

of the months in the preceding twelve
months.

20. Annual sales figures for the last three : As per Annexure-XI .
years and month-wise sales figures for
the preceding twelve months both item
-wise and value-wise.

21. Reasons for the *proposed lay-off/ : Total operation of the mine
lay-off for the continuance of which including offices & establishments
permission is sought. has been paralyzed due to Blockade
imposed by villagers of nearby villages

22. Any specific attempts made so far to : Negotiations at different levels have
avoid the *proposed lay-off /lay-off been held with the villagers and
for the continuance of which permission efforts at different levels are on to
is sought. lift blockade. Since blockade
exists in neighboring area also, so
diversion of workface could not
be done.
23. Any other relevant factors with details
thereof.

• Strike out whatever is inapplicable.

 ANNEXURE--III
COAL PRODUCTION DURING LAST THREE YEARS IN RESPECT OF
LAJKURA O C PROJECT

6. (i) YEAR COAL PRODUCTION(MT)

2002-03 -- 9,63,053
2003-04 -- 8,14,648
2004-05 -- 9,50,925

ANNEXURE –IV
COAL PRODUCTION DURING PRECEEDING 12 MONTHS IN RESPECT OF
LAJKURA O C PROJECT.
6. (ii)

COAL PRODUCTION

Month Coal Production.

January’05. 1,00,474 Te.

February’05. 94,428 Te.

March’05. 98,212 Te.

April’05. 79,820 Te.

May’05. 74,966 Te.

June’05. 73,377 Te.

July’05. 79,071 Te.

August’05. 88,209 Te.

September’05. 84,445 Te.

October’05. 79,385 Te.

November’05. 38,966 Te.

 December’05. 54,044 Te.
Total :- 9,45,397 Te.

ANNEXURE--

19. POSITION OF STOCKS IN RESPECT OF LAJKURA O C PROJECT.

.
MONTH VALUE OF STOCK.
(As at the end of each month)
January’05. : 14898933.56

February’05. : 12813320.52

March’05. : 9527532.56

April’05. : 2642504.48

May’05. : 4862683.56

June’05. : 3891816.88

July’05. : 4601259.32

August’05. : 3559416.28

September’05. : 9407739.88

October’05. : 1800422.96

November’05. : 452835.60

December’05. : 9174898.88
 ANNEXURE --
20.POSITION OF SALES VALUE DURING LAST 03 YEARS IN RESPECT OF LAJKURA
O C PROJECT.

Year : Value :
2004-05 389528097.37
2003-04 307707158.27
2002.3 337224920.53

MONTH WISE SALES FIGURES FOR THE PRECEEDING TWELVE MONTHS

IN RESPECT OF LAJKURA O C PROJECT.

MONTH: Month wise Sales

January’05. : 34713550.20

February’05. : 42387487.80

March’05. : 45546039.00

April’05. : 42528179.40

May’05. : 28582411.20

June’05. : 32087790.00

July’05. : 32690901.17

August’05. : 40221362.03

September’05. : 29252692.41

October’05. : 45099127.93

November’05. : 19671964.20
 December’05. : 103534.20

14. (ii) ANNEXURE--

Wages constitute 29.24% of the total cost of production.

15. ANNEXURE--

2002-03 --- 804.23 lakhs which constitutes 7.55% of the total cost( Area level fig.)

2003-04 --- 1181.83 lakhs which constitutes 9.72 % of the total cost(Area level fig.)

2004-05 --- 1109.06 lakhs which constitutes 8.48% of the total cost (Area level fig.)
 ANNEXURE --

Sl.No.20.

ANNUAL SALES FIGURES FOR THE LAST THREE YEARS IN RESPECT OF LAJKURA
O C PROJECT.
( Rs. In Lakhs)
2002-03 2003-04 2004-05

3895.28 3094.63 3372.24

Sl. No.14 : ANNEXURE

THE TOTAL NUMBER OF WORKMEN GRADE / CATEGORY WISE MANPOWER IN

RESPECT OF LAJKURA OC PROJECT, AS DEFINED UNDER THE INDUSTRIAL
DISPUTES ACT –1947.

MONTHLY RATED:

T&S Gr.A ---- 36.

T&S Gr.B ---- 20.
T&S Gr.C ---- 23.
T&S Gr.D ---- 02.
T&S Gr.E ---- 07.
T&S Gr.F ---- 06.
T&S Gr.G ---- 01.
T&S Gr.H ---- 02.

CLERICAL :

OFFICE SUPDT ‘A’ --- 05.

SPECIAL GR. --- 19.
CLERK GR.I --- 11.
CLERK GR.II --- 05.
CLERK FR.III --- 06.

DAILY RATED :

SPL. GR. --- 04.

GR.A --- 73.
GR.B --- 41.
GR.C --- 31.
GR.D --- 20.
GR.E --- 33.

CAT.VI --- 44.

CAT. V --- 45.
CAT.IV --- 15.
CAT.III --- 12.
CAT.II --- 15.
CAT.I --- 69.
P/L(CAT.I) --- 01
TOTAL : --- 546.
The number of employees other than workmen as defined under the Industrial Disputes Act –
1947 is 25 (Twenty five).
 The agreement period of work is 27.04.03 to 26.04.05. The Siding-II continued to work
up to 28.04.05. Transport to Siding-II discontinued from 29.04.05. The rate with diesel
escalation remained @ Rs.26.49p: from 5.11.04 to 28.04.05 in Siding-II as well as 29.04.05 to
20.06.05 as there was no change in diesel price. With this view of unchanged diesel price the
executed quantity up to 28.04.05 has been considered i.e., 3 days beyond agreement period. Such
calculation may be considered provisional only for siding-II quantity beyond agreement period.
In this calculation the period of work beyond agreement period has been considered as extended
period.
 Dated, 28th February, 2006

To,
The Chief General Manager,
Ib Valley Area.

Ref. NIT No.287, dated – 26.12.02- Hiring of tippers for trans-

Portation of coal from Samaleswari OCP CHP/ Crushed
Coal stock to Siding I,II & III & letter no. MCL / CGM/
IBV / SO(M) / SOCP / CT / 1834, dated- 27.2.06.
Sub: - Consent letter.
Dear Sir,

We are hereby giving our consent to continue the work further against the
NIT no. 287 at the existing rate or next tender rate whichever is lower
maintaining all terms and conditions of the said contract .

This undertaking remain valid for the entire quantity already executed or
likely to be executed up to 31.03.2006 against the said NIT.

Thanking you.

Yours faithfully,
 PRELIMINARY HEARING INTO CHARGES ALLEGED AGAINST SHRI
KRISHNA GOPAL PRADHAN, GENERAL MAZDOOR PRESENTLY POSTED IN
IWSS, CGM OFFICE VIDE CHARGE SHEET NO. MCL/CGM/IBV/SO©/11/1692
DATED 25/26.10.2005 ISSUED BY STAFF OFFICER © IB VALLEY AREA.

Following are present : - S/Sri 1) DS Bandyopadhyay,Manager(System)- E.O

2) L.Balakrishna, SE©, Town Adminstraro, Management Rep.
3) Krishna Gopal Pradhan General Mazdoor, IWSS
4)SS Bisi, Clerk, Co.worker.

At the outset there has been informal discussion held and the above said persons
have been introduced each other. The EO has asked Sri Krishna Gopal Pradhan
(hereinafter called as Delinquent Workman) whether he has received the Charge Sheet
issued by Staff Officer ©, Ib Valley Area vide ref. No. MCL/CGM/IBV/SO©/11/1692
DATED 25/26.10.2005. The Delinquent workman replied that he has received the
chargesheet and explanation thereof has been submitted by him. The EO read out the
charges and explained the contents therein in the language understood by Sri Krishna
Gopal Pradhan. Sri Krishna Gopal Pradhan has stated that he understood the charges
levelled against him in the above said Charge sheet. The Delinquent Workman stated that
he had admitted the charges alleged against him in his explanation dated 09.01.2006. The
Delinquent Workman further stated that he remained absent since 07.09.05 on account of
his sickness and a fitness certificate issued by Dr. RK Chowdhury, LTROM, District HQ
Hospital, Jharsuguda. The E.O. has asked the Delinquent workman whether he had sent
any sick information to the management? In response to which the Delinquent Workman
stated that he failed to send the sick information to management due to his ignorance. The
Delinquent Workman further stated that he would not commit such misconduct remaining
absence un-authorisedly in future and requested to excuse this time.

Since the Delinquent workman has admitted the guilt of the charges leveled against
him vide above such charge sheet, there is no necessity to proceed further and the enquiry
is hereby concluded.

(DS Bandyopadhyay) (L.Balakrishna) (K.Gopal Pradhan)

Enquiry Officer /Manager Management Representative Deliquent Workman
(System) Town Administrator,Area Unit General Mazdoor.
Ib Valley Area. Ib Valley Area.

(SS Bisi ),Clerk.

Co.Workman.
FINDINGS OF THE ENQUIRY HELD INTO THE CHARGES FRAMED
AGAINST SRI KRISHNA GOPAL PRADHAN, GENERAL MAZDOOR, IWSS,
CGM OFFICE,IB VALLEY AREA VIDE NO. MCL/CGM/IBV/SO©/11/1692
DATED 25/26.10.2005

In pursuance of of Office Order no. MCL / CGM / IBV / SO© / 11 / 2860,

dated – 20.02.2006, issued by Staff Officer ©, Ib Valley Area vide which the
undersigned has been appointed as Enquiry Officer. Notice of Enquiry has been
issued by the Undersigned vide No. MCL / CGM / IBV / Mgr (System) / 2712,
dated- 27.2.06,fixing preliminary hearing on 01.03.06. Accordingly following
attended the preliminary hearing held on 01.03.06 at 4.30 P.M. in the office of the
Manager,(System), Ib Valley Area.

S/Shri 1)DS Bandyopadhyay,Manager(System)- E.O

2) L.Balakrishna, SE©, Town Adminstraro, Management Rep.
3) Krishna Gopal Pradhan General Mazdoor, IWSS
4)SS Bisi, Clerk, Co.worker

At the outset the Delinquent Workman has stated that he has received the
Charge sheet under reference above and also stated that a written explanation
admitting the guilt of the charges has been submitted by him. The content of the
Charge sheet has been read over and explained in the language the Delinquent
Workman understands. The Delinquent workman stated that he admits the guilt of
the charges framed against him i.e., remaining absence unauthorisedly since
07.09.05. He further stated that his absence was on account of his sickness but he
failed to submit the management regarding sickness. The Delinquent workman has
admitted the guilt of the charges framed against him under clause- 26.30 of the
Certified Standing Order He further stated that he will not commit such mistake in
future The Charge of remaining absence since 07.09.05 unauthorisedly which
tentamounts to misconduct under the clause 26.30 of the Certified Standing Order
has been proved beyond any reasonable doubt.

(D.S.Bandyopadhyay),
Enquiry Officer/ Manager,
(System),
Ib Valley Area.
SUB ; - REAPPROPRIATION OF QUANTITY AGINST NIT NO.289

As desired the detail given below: -

1) Against NIT no.MCL / Burla /CGM(TC) / NIT 288-289 / 02-03/1509,

Dated- 08.01.2003 the work awarded to M/s Vijaylaxmi (P)Ltd vide
W.O. No. MCL/IBV/CGM/LOCP/CT / 332, dated – 5/26.6.03
“Transportation of crushed coal from Lajkura OC bunker/CC stock to
Rly.siding no.I,.II, & III for two years ie., from 1.5.03 to 30.4.05.
Thereafter 30% additional quantity and time extension up to 15.9.05 was
granted.
2) The details of work executed and value thereof up to 15.09.05 and value
of work has been produced in Annexure-X2.
3) The work executed as per the requirement coal at the respective sidings
suiting placement of rakes at the sidings as Siding no.II was closed and
keeping in view he savings for the Company. Actual work executed was
not anticipated at estimation stage. However, there is a saving as shown
in Annexure-X2.

In view of the above reappropriation of the quantity as sought for at N/S page-5
i.e., 31,597.59 tonnes in 2-3 KM lead into 2-3 Km lead in 58611.57 tonnes in
0-1 Km lead may be considered for regularization of the case. The contract has
been closed since 1609.05.

Submitted to CGM, Ib Valley Area.

Staff Officer (M),

Ib Valley Area.

CGM.IBV.Area.
 Page-22/3-1.

Enquiry into the charge against Sri GRP Reddy,SOM,Lakhanpur Area

vide Charge Memorandum no. MCL/ SBP / 2005/ 9024, dated 7.12.2005.

Regular Hearing - Ist Sitting.

Venue : MCL, Ib Valley Area

Date : 22.3.2006
Time : 10.30 A.M.

Present:-
1. Shri B.S.Rank, CGM (Retd.), Inquiry Authority
2. Shri A.K.Udeniya, Dy.CME / PO
3. Shri G.R.P. Reddy,SOM / CO
4. Shri Bankim Banerjee,Dy.CME / SO(M)-Defence Assistant(DA)

To start with, when asked, Sri GRP Reddy, CO stated that he had inspected /
studied the listed documents listed in the charged memo. As for additional
documents, Shri Reddy stated that he had not provided list of additional
documents and the list of witnesses so far but requested for the following
documents to be provided to him for use for his defence;

i) Letter written to him by Manager communicating the violation

pointed out by DGMS.
ii) His letter to the Manager communicating the compliance of
contravention.
iii) Preliminary Report of the Safety Officer about the accident under
reference.
iv) Accident site plan.
v) DGMS report of enquiry if any.
vi) DGMS show cause notices to the Engineer, Manager or any other
Officer.
vii) Details of the Dumper, like Log book, Daily allocation Register
etc.
viii) Statement of Sri Dibakar Dubey, Dumper Operator in Ist shift.
ix) Compliance Report to the DGMS by the Agent, Belpahar OCM
before the accident.
 x) Statement of Sri Ganeswar Sahu, Tripman & Sri Bhupati Khara,
Dumper Operator.
xi) Photographs of the site of accident.

When advised to provide the above documents to the Charge Officer, PO

readily provided the documents except those at sl no. vi and ix which, he said,
would be provided if available with the management.

Shri A.K.Udeniya, Dy.CME / PO was next advised to initiate presentation of

the case of the management which he did by producing Shri PL Behera,
Manager, Belpahar Opencast Mine as management witness no.1.

Examination in Chief of Shri P.L.Behera,MW-1

Shri Behera sumitted his statement in his own hand writing (but in xeroxed
copy) running in 3 pages. His statement is being made a part of proceeding
paged as 22/3- 2 to 22/3- 4.

Remaining part of the examination was recorded in question answer form as

follows;

Q-1 : Please introduce your self?

Ans : Myself Sri P.L.Behera, now working as Manager of Belpahar

Opencast Mine. A day earlier to the date of accident i.e., 26.4.2005,I had
handed over the charge of Managers’ Office to Sri R.K.Mishra, Safety Officer,
Belpahar OCP to act as Manager for two days as I had taken leave on 26th and
27th April,2005.

Q-2 : Please see the relevant part of the letter of permission no. BSA / CO-
7/ P.98 / 84 / 2369, dated- 23.7.04 at item no.10.5 and state whether the letter
under reference including item- 10.5, had been circulated by you to all your
Assistant Managers including Sri GRP Reddy, Asst. Manager and other
Officials?

Ans : Yes, I had circulated the copies of the said permission letter along
with relevant clauses of provisions to various Assistants and Officers.
Q -3: Whom had you authorized to look after the maintenance of haul roads
of the quarry (Belpahar Opencast Mine)?

Ans: I had authorized Sri GRP Reddy, Asst. Manager, to look after the
maintenance of haul roads of the quarry.

Q-4 : Was there any violation pointed out by DGMS / ISO Officials
regarding dimension of berm along the haul road within a period of one year
prior to the accident?

Ans: Yes, violation was pointed out by DGMS Official during their general
inspection during December,2004/January,2005.

Q-5 : What action did you take for compliance and regular maintenance of
the berms in the quarry?

Ans : After the violation had been pointed out, the existing berms of haul
roads had been strengthened in whole of the mine. Subsequently, I advised all
the Assistant Managers including Supervisors for maintaining berm etc. as
required.

Q-6 : When did you inspect last, the part of the quarry where the accident
took place. And did you notice any deficiency in the dimension of the haul road
and berm in that area of haul road?

Ans: I inspected the area of quarry where accident took place on 25th April,
05 at about 12.00noon in the lst shift. Dimension of haul road and berm etc
were found up-to-date.
Q-7 : When did you inspect the area of the mine after accident and what
were your observation regarding the occurrence of the accident?

Ans: I had inspected the site of accident on 28.4.2005 at about 8.30 A.M.
and my observations were as follows :

(i) The berm of the haul road was disturbed due to rushing of the dumper
And marks of tyre was there on the top of the berm.
(ii) An electrical lighting pole which was on the side of the haul road was
Broken due to dashing by the dumper.
 (iii) The dumper was found up-turn at a distance of 15 mtrs from the toe
of the high wall side.
(iv) It was clearly felt that the accident had occurred due to high speed and
careless driving by the Operator.

Q-8 : For what length along the haul road, height of berm was less than 1.0 mtr
as required?

Ans: The portion over which the dumper had pressed by its tyre was slightly
less than 1.00 mtr.

With the above questions and answers, examination in Chief of MW-1 was
completed.
 Page-22/3- .

Cross examination of MW-1 by CO / D.A.

Q- 1 : After the inspection of DGMS on 07 th to 09th December,2004, Did you

communicate the violation pointed out by the DGMS by the letter no. MCL /
BOC/PO / 4330, dated- 18.3.05 (as being submitted as DE-1 to Mr GRP Reddy or
not ? (The letter was shown to MW-1 to facilitate his answer)

Ans: Yes, I had communicated. This letter was issued by me under my signature
to Sri GRP Reddy, (quoting the substance of the violation under condition no.10.5
of the permission letter.( At the request of CO/DA the letter was taken on record as
DE-1).

Q-2 : After compliance, of the above contravention, Mr. GRP Reddy

communicated vide his reference no. MCL / BOC / PO / 4499, dated – 31.03.05 to
you which is being submitted as DE – 2. Is it the same? ( The letter was shown to
MW-1 to facilitate his answer).

Ans: Having seen the letter, I confirm that this is the same letter through which
Shri Reddy had submitted his reply, stating that a strong berm having a height
more than 1.00 mtr had been provided.

Q-3 : It means that on the day of accident, the berm in question was strong and as
per the stipulation of DGMS permission letter vide item 10.5 in ME-1.
Do you agree?

Ans : Yes, I agree.

Q-4: You have written in your statement that, there was no such danger in the
working condition any where in the mine before proceeding on your leave from
evening of 25th April, 05. Is it correct?

Ans: Yes, there were no dangerous condition any where in the mine as found
during my inspection on 25th April, 2005.
Q-5 : Please refer to your written statement, high lighted by me on page no.22 / 3-
, 22 / 3- , and 22 / 3- .Is it mean that Shri GRP Reddy, was not responsible in
any way for the said accident?

Ans: Having seen the high lighted portion and even the total statement, I state that
Shri GRP Reddy is not at all responsible for the accident directly or indirectly.

With the above question and answer crossed examination of MW-1 was
completed.

When asked, PO said that he had nothing to ask as reexamination to

MW-1. and with this the deposition of MW-1 was concluded.
 Page-22/3-6

Next, PO produced, Shri R.K.Mishra, Safety Officer, Belpahar Opencast

Mine as management witness no.2 (MW-2)

Examination in Chief of MW-2.

Q.1 : When did you inspect the site of accident?

Ans: I inspected the site of accident with Project Officer Shri KK Mishra,
And Union Leaders including Workmen Inspector, at about 5.30 A.M. on 26th
April,05 night shift.

Q.2: What was the dimension of berm at the site of the accident specially the
height of the berm?

Ans: Before the accident it was 1.00 mtr. After accident due to scrapping and
impact of dumper it was reduced slightly.

Q.3 : Whether in any way less height (less than 1.00mtr.) of the berm caused
accident?
Ans: No. That was not the cause.

Q.4 : What is the result of enquiry you conducted as required under Regulation
41(8)?
Ans: The result of enquiry conducted by the undersigned are as follow:-

(i) May be due to mechanical failure of Dumper.

(ii) Due to over speeding of the Dumper the Operator lost control and
Fell down into the D-Coal area.
(iii) Due to non use of helmet the victim succumbed for head injury.
(iv) Due to drowsiness of the Operator, the accident might have occurred.
(v) The Operator overtook one Dumper against the gradient near OB
Dump and during returning from OB dump to working face he
Lost control.
 Page-22/3-6

Q.5 As per ISO enquiry the berm of adequate dimension was not existing
at the site of accident, Do you agree with this?

Ans: Due to scrapping effect and impact of the over speeding dumper the berm at
the site of accident was slightly reduced and it is not the main cause.

With the above question answer examination in Chief of MW-2 was

completed.

Cross Examination of MW-2 by CO / DA.

Q.1 : As Safety Officer have you enquired about the accident in question if
so, Can you submit the enquiry report before the Enquiry Proceedings?

Ans: - Yes, I have enquired and submitting the Enquiry Report through
presenting Officer, before the enquiry proceedings. (At the request of PO the
report was taken on record as ME-2.)

Q-2 : In your enquiry report or even at present have you found Mr. GRP
Reddy is responsible in any way whether directly or indirectly for the said
accident?

Ans : - No, I have not found Sri Reddy responsible in any way.

Q-3 : Have you given any violation just before the accident regarding the berm
in question.?

Ans :- Since the berm was more than 1.00 mtr height although the mine along
the haul road, I have not given any violation in this regard.

With the above, question answer cross examination MW-2 was completed.

When asked PO stated that he did not have any question to ask to MW-2 as re-
examination.? With this the deposition of MW-2 was concluded.
To,
The Chairman – Cum – Managing Director,
Mahanadi Coalfields Ltd.

(Through Proper Channel )

Sub : - Appeal for transfer to other Area of MCL.,

after rendering services 24 years in Ib Valley Area.
Dear Sir,

Since my joining in Ib Valley Area successfully 24 years have been

passed. During the tenure of my services I have been performing duties in
different capacities to the best satisfaction of superior authorities as well as in
the interest of the Company. Since last 5(five) years I had served as Staff
Officer (Safety), Ib Valley Area.

In view of above, I would request your honour to be kind enough to

transfer my services to any other Area of the Company where I can also put my
acquired service experience effectively.

Yours faithfully,

(P. C.Sahoo )
Supdt. Of Mines,
Lajkura OCP.
 Dated, 10th May, 2006.
To,
The Staff Officer, (M),
Ib Valley Area.

Sub:- Sub:- NIT No. MCL / SBP / GM (TC) / NIT-380 / 2005 / 1222, dated –
28.11.2005 for the work - “Hiring of tippers for transportation of crushed coal from
Samaleswari OCP CHPs / Crushed Coal stock to Lajkura Railway Siding no. I, II, & III
for a period of 1st 6(Six) months via Lajkura Rail Gate and next 30 (thirty) months via
ROB of Ib Valley Area for One year opened on 02.01.2006.

Ref:- Our Negotiated offer for the above NIT Work & Letter of Intent No. MCL / SBP /
GM (TC) / NIT-380 / 2006 / 34, dated –11.04.06, issued by the GM (TC), MCL.

Dear Sir,

With reference to above, this is to bring to your kind notice that against above
LOI I have been offered the above, for a total work value of Rs. 2,22,82,720/-.
I have commenced work from 23.04.06. As per NIT conditions I have to
deposit 5% of the Work Value i.e., Rs.11,14,136.00 as performance Security
Deposit.

Further, Bank Guarantee no. 149, dated- 26.12.05 on Union Bank of

India,Brajarajnagar worth Rs. 19,50,000/- deposited by us as EMD at MCL HQ at the
time of submission of Tender against the above NIT to be returned to us as per the
above NIT condition.

Kindly confirm the above, so that the Bank will be convinced to issue the
Bank Guarantee for Rs.11,14,136 /- towards the performance security deposit.

Thanking you.

Yours faithfully,

Gajanand Agrawal.