272

LA GAZETTE DE L’ETAT

[3 May 2011

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 88/AIL/Lab./J/2011, dated 15th April 2011)

NOTIFICATION

Whereas, the Award in I.D. No.36/2007, dated 21-12-2010

of the Labour Court, Puducherry in respect of the

industrial dispute between the management of

M/s. Unicorn (Bangalore) Private Limited, Puducherry

and Thiru P. Raguraman over non-employment has been

received;

Now, therefore, in exercise of the powers conferred by

sub-section (1) of section 17 of the Industrial Disputes

Act, 1947 (Central Act XIV of 1947) read with the

notification issued in Labour Department’s G. O. Ms.

No. 20/91/Lab./L, dated 23-5-1991, it is hereby directed

by Secretary to Government (Labour) that the said

Award shall be published in the official gazette,

Puducherry.

(By order )

N. APPA RAO,

Under Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PONDICHERRY

Present : Thiru T. MOHANDASS, M.A., M.L.,

II Additional District Judge,

Presiding Officer, Labour Court.

Tuesday, the 21st day of December 2010

I. D. No. 36/2007

P. Raguraman

. .

Petitioner

Versus

The Managing Partner,

Unicorn (Bangalore) Private Limited,

Mettupalayam, Pondicherry.

. .

Respondent

This industrial dispute coming on 20-12-2010 for

final hearing before me in the presence of

Thiru R.S. Zivanandam, advocate for the petitioner

a n d T h i r u v a l a rg a l K . V. Shanmuganathan and

L. Vivekananthan and Mrs. V. Vaijayanthimala,

advocates for the respondent, upon hearing both sides,

upon perusing the case records, after having stood over

for consideration till this day, this court passed the

following:

AWARD

This industrial dispute arises out of the reference

made by the Labour Department, Government of

Pondicherry vide G.O. Rt. No.155/2007/Lab./J, dated

14-11-2007 for adjudicating the following:—

1 . W h e t h e r t h e n o n - e m p l o y m e n t o f

T h i r u P. Raguraman by the management of

M/s.Unicorn(Bangalore)Private Limited, Pondicherry

is justified or not?

2. To what relief, he is entitled to?

3. To compute the relief, if any, awarded in terms

of money if it can be so computed?

2. The petitioner, in his claim statement, has averred

as follows:

The petitioner was an employee as Machine

Operator from 1-8-1999. The workers formed a trade

union. Therefore the management did not allow the

entire work force to work exactly 60 members from

February 2004 and hence the union raised industrial

disputes with the management and also before the

L a b o u r O f f i c e r ( C o n c i l i a t i o n ) . B e f o r e t h e

Labour Officer (Conciliation), the management did not

heed the request of the petitioner. Therefore, an

Industrial Dispute has been referred to the court.

In the reference, the name of the petitioner has been

left out and hence he raised a separate dispute on 6-2-2008,

wherein which the management alleged that the

petitioner has done a serious misconduct of habitual

absence without leave. The reply made by the

management 29-5-2006 admitting the petitioner's

capacity and denying the culpabilities of the

management in not allowing the workers to work after

starting the trade union. Therefore, the management

wants to remove the petitioner from the rolls of the

company. Since the petitioner has involved in the

union activities, he was dismissed from service

without conducting any domestic enquiry and

therefore it has violated the principle of natural

justice. Hence, this industrial dispute is filed.

3. In the counter statement, the respondent has

stated as follows :

The petitioner was appointed as Trainee in the

respondent company on 1-8-1999 and during the

year 2001, the management of the respondent

company was taken over by the present management.

The petitioner was on probation when the present

management took over the respondent company. The

petitioner was irregular in reporting for duty. He was

given several warnings in that regard. He had

absented himself without sanction of leave in

unauthorised manner for 69 days in 2002 and 34 days

in 2003. In this regard, a memo. was issued to him

273

3 May 2011]

LA GAZETTE DE L’ETAT

on 20-1-2004 seeking his explanation. He had duly

received the same. However he did not choose to

give any reply. He had worked only for 3½ days in

January 2004. In this regard, a notice was issued to

the petitioner on 3-2-2004 and even thereafter he did

not report for work. However, the management did

not precipitate any action against him. The petitioner

did not make any representation to the respondent

seeking for reinstatement immediate after the so

called termination during February 2004. The

petitioner has raised the present dispute only to make

wrongful gain from the management. Hence, they

pray for dismissal of the industrial dispute.

4. On the side of the petitioner. PW.1 was examined

and Ex.P1 to Ex.P4 were marked. On the side of the

respondent, RW.1 was examined and Ex.R1 to Ex.R8

were marked.

5. The point for determination is:

Whether the petitioner can be considered for

reinstatement in service with back wages and other

benefits?

6. On the point:

It is an admitted fact that the petitioner was an

employee in the respondent company. The main

contention of the petitioner is that he was an Executive

Committee member in the Union of the Industrial Estate

Workers functioning in the respondent company and

since he was involved in the union activities, he along

with some other workers were denied employment and

subsequently he was dismissed from service without

holding any domestic enquiry. In order to prove the

same, the petitioner was examined as PW.1 and PW.1 in

his evidence has deposed the said version and through

him. Ex.P1 to Ex.P4 were marked.

7. Per contra, the contention of the respondent is

that the petitioner had absented himself without

sanction of leave in unauthorised manner for 69 days

in 2002 and 34 days in 2003 and in this regard, a memo.

was issued to him on 20-1-2004 seeking his explanation.

He had duly received the same. However he did not

choose to give any reply. He had worked only for 3½

days in January 2004. In this regard, a notice was issued

to the petitioner on 3-2-2004 and even thereafter he did

not report for work.

8. In order to prove the contention of the

respondent, Ex.R1 to Ex.R8 were marked. Ex.R1 is the

copy of the letter submitted by the petitioner to the

Conciliation Officer wherein the petitioner requested the

Conciliation Officer to advise the respondent to

reinstate him in service. Ex.R2 is a letter, dated

15-4-1996 wherein the petitioner has given undertaking

not to take leave from 15-4-1996 to 30-4-1996. Ex.R3 is the

copy of the memo., dated 25-8-1999 issued to the

petitioner for the unauthorised absent on 23-8-1999

and 24-8-1999. Ex.R4 is the letter, dated 14-12-2002

issued to the petitioner informing about his absent for

63 days in the year 2002 and they warned him that if

such act will continue, his future benefits will be

cancelled. According to the respondent, Ex.R4 could not

be served to the petitioner, since he refused to receive

the same. Ex.R5 is the copy of the memo., dated 17-4-2003

issued to the petitioner informing the particulars of

leave taken by him. Ex.R6 is the copy of the memo., dated

20-1-2004 seeking his explanation for his absence of 69

days in 2002 and 34 days in 2003. Ex.R7 is the copy of

the memo issued to the petitioner pointing out that the

petitioner had absented from work on 11-1-2004 and

13-1-2004 without any permission or prior approval but

entered into ESI sick leave again and that he had

attended work only for 3 ½ days in January 2004 and

advised him to submit himself to the medical

examination by a Medical Practitioner of the company

choice. Ex.R8 is the copy of the letter sent to the

petitioner advising him to remove his name from the

muster roll. During the cross-examination, RW.1 has

denied the suggestion that Ex.R1 to Ex.R8 have been

created for the purpose of this case.

9. According to the petitioner, since they were

started a labour union and he along with some other

workers were the members in the said union, he was

denied employment from 22-2-2004. But during the cross-

examination, the petitioner has admitted that he was

dismissed by the respondent management. He also

admitted that he had absented from work for 34 days

during the period from 1-1-2003 to 31-12-2003 on various

dates without any permission or prior approval. Since

the petitioner himself has admitted that he had absented

for duty without any permission, this court has comes

to the conclusion that the respondent has proved the

misconduct of the absenteeism by the petitioner.

10. The learned counsel for the petitioner would

submit that the order of dismissal was given without

holding any domestic enquiry or issuing show cause

notice is against the natural justice.

11. On the other hand, the learned counsel for the

respondent would submit in spite of several notices

given to the petitioner, he has not come forward to

cooperate with them to conduct the domestic enquiry.

12. On perusal of records, it is seen that the

respondent has not conducted any domestic enquiry for

the misconducts of the petitioner, as alleged by the

respondent. In this case, though the petitioner has

admitted about his absent for duty, he has stated that

the respondent management has insisted to come out

from the labour union and since the respondent

management has acted against the labour legislations,

he did not go for work.

274

LA GAZETTE DE L’ETAT

[3 May 2011

13. The respondent being an employer, has to

safeguard the interest of their employees. When the

petitioner has committed misconducts of unauthorised

absent, they have to conduct the domestic enquiry and

in the enquiry, opportunity has to be given to the

petitioner to peruse the records and cross-examine the

management witnesses and after complying all the

formalities only, they have to take action against him.

In this case, the respondent, without conducting the

domestic enquiry, has taking action against the

petitioner directly by dismissing him from service. When

the petitioner was working in the respondent company

for more than five years without any interruption, it was

necessary to have given opportunity to the petitioner

before terminating him from service. Neither no such

opportunity was given to the petitioner, nor principles

of natural justice have been complied with. Therefore,

the termination of service of the petitioner was bad in

law. When the petitioner is not of a habitual absentee,

the

punishment

imposed

by

the

respondent

management is disproportionate. In this regard, it is

pertinent to refer the decision, which is relevant to this

case:—

2009 (III) LLJ 373 (SC) :

“When the Court and Tribunals are satisfied

that the punishment imposed by the

disciplinary

authority

is

shockingly

disproportionate, the decision of the disciplinary

authority can be interfered. Therefore, when the

delinquent employee is not of a habitual absentee

and seems to have a good track record, and also

the alleged misconduct of unauthorised absence

is not of gross violation of discipline, the major

punishment of dismissal can be interfered”.

In this case, the respondent has not raised any

serious misconduct against the petitioner prior to

misconduct of unauthorised absence. Hence, the

misconduct that is alleged would definitely amount to

violation of discipline that is expected of an employee

to maintain in the establishment, but may not fit into

the category of gross violation of discipline. Hence,

this court comes to a conclusion that the non-

employment of the petitioner from service is not justified

and hence he has to be reinstated into service. But

considering the facts and circumstances of the case, the

petitioner is not entitled for continuity of service and

back wages. Accordingly, this point is answered.

14. In the result, the industrial dispute is partly

allowed and the respondent management is hereby

directed to reinstate the petitioner into service.

However, he is not entitled for continuity of service and

back wages. No costs.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 21st day of

December 2010.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer, Labour Court.

Pondicherry.

————

List of witnesses examined for the petitioner :

PW.1 — 18-3-2010 — Raguraman

List of witnesses examined for the respondent :

RW.1 — 23-9-2010 — P. Gnanagurupatham

List of exhibits marked for the petitioner :

Ex.P1 — Copy of the letter, dated 6-2-2006 sent to

the Conciliation Officer.

Ex.P2 — Copy of the letter, dated 29-5-2006 sent to

the Conciliation Officer.

Ex.P3 — Copy of the failure report, dated 14-8-2007

Ex.P4 — Copy of the notification, dated 14-11-2007

List of exhibits marked for the respondent :

Ex.R1—

Copy of the letter, dated 6-2-2006 sent by

the petitioner to the Conciliation Officer.

Ex.R2 — Letter, dated 15-4-1996 sent by the

petitioner to the respondent.

Ex.R3 — Copy of the letter, dated 25-8-1999 sent by

the respondent to the petitioner.

Ex.R4 — Copy of the letter, dated 14-12-2002 sent by

the respondent to the petitioner.

Ex.R5 — Copy of the letter, dated 17-4-2003 sent by

the respondent to the petitioner.

Ex.R6 — Copy of the letter, dated 20-1-2004 sent by

the respondent to the petitioner.

Ex.R7 — Copy of the letter, dated 24-1-2004 sent by

the respondent to the petitioner.

Ex.R8 — Copy of the letter, dated 3-2-2004 sent by

the respondent to the petitioner.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer, Labour Court.

Pondicherry.

275

3 May 2011]

LA GAZETTE DE L’ETAT

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 89/AIL/Lab./J/2011, dated 15th April 2011)

NOTIFICATION

Whereas, the Award in I.D.No. 34/2007, dated 21-12-2010 of

the Labour Court, Puducherry in respect of the

industrial dispute between the management of

M/s. Unicorn (Bangalore) Private Limited, Puducherry

and Thiru D. Mohan over non-employment has been

received;

Now, therefore, in exercise of the powers conferred

by sub-section (1) of section 17 of the Industrial

Disputes Act, 1947 (Central Act XIV of 1947) read with

the notification issued in Labour Department's G. O. Ms

No.20/91/Lab./L, dated 23-5-1991, it is hereby directed by

Secretary to Government (Labour) that the said Award

shall be published in the official gazette, Puducherry.

(By order)

N. APPA RAO,

Under Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PONDICHERRY

Present : Thiru T. MOHANDASS, M.A., M.L.,

II Additional District Judge,

Presiding Officer, Labour Court.

Tuesday, the 21st day of December 2010

I. D. No. 34/2007

D. Mohan,

22, Nellumandi Street,

Muthirapalayam,

Pondicherry-605 009

. .

Petitioner

Versus

The Managing Partner,

Unicorn (Bangalore)

Private Limited,

Mettupalayam, Pondicherry . .

Respondent

This industrial dispute coming on 20-12-2010 for

final hearing before me in the presence of

Thiru R.S. Zivanandam, advocate for the petitioner

and Tvl. K.V. Shanmuganathan and L. Vivekananthan

and Mrs. V. Vaijayanthimala, advocates for the

respondent, upon hearing both sides, upon perusing

the case records after having stood over for

consideration till this day, this court passed the

following:

AWARD

This industrial dispute arises out of the reference

made by the Labour Department, Government of

Pondicherry vide G.O. Rt. No.153/2007/Lab./AIL/J, dated

12-11-2007 for adjudicating the following:-

1. Whether the non-employment of Thiru D. Mohan by

the management of M/s. Unicorn (Bangalore) Private

Limited, Pondicherry is justified or not?

2. To what relief, he is entitled to?

3. To compute the relief, if any, awarded in terms

of money if it can be so computed?

2. The petitioner, in his claim statement, has averred

as follows:

The petitioner was an employee as Machine

Operator from 21-6-1999. The workers formed a trade

union. Therefore the management did not allow the

entire work force to work exactly 60 members from

February 2004 and hence the union raised industrial

disputes with the management and also before the

Labour Officer (Conciliation). Before the Labour

Officer (Conciliation), the management did not heed

the request of the petitioner. Therefore, an industrial

dispute has been referred to the court. In the

reference, the name of the petitioner has been left

out and hence he raised a separate dispute on 27-11-2006,

wherein which the management alleged that the

petitioner has done a serious misconduct of habitual

absence without leave. The reply made by the

management undated admitting the petitioner's

capacity and denying the culpabilities of the

management in not allowing the workers to work after

starting the trade union. Therefore, the management

wants to remove the petitioner from the rolls of the

company. Since the petitioner has involved in the

union activities, he was dismissed from service

without conducting any domestic enquiry and

therefore it has violated the principle of natural

justice. Hence, this industrial dispute is filed.

3. In the counter statement, the respondent has

stated as follows:-

The petitioner was appointed as trainee in the

respondent company on 21-6-1999 and during the

year 2001, the management of the respondent

company was taken over by the present management.

The petitioner was on probation when the present

management took over the respondent company.

The petitioner used to absent unauthorised. In fact

he was found sleeping while on duty in the third shift

on 5-12-2003. He was caught red handed, however,

he was let off with warning.

276

LA GAZETTE DE L’ETAT

[3 May 2011

While the petitioner was on probation, he did not

evince any interest in his work. In fact he had

tendered resignation on 9-12-2003. Subsequent he

came back to work on 10-1-2004. Later he had

abstained from work with effect from 7-2-2004. He did

not apply for leave. The petitioner was only a

probationer and he had no lien on any post. The

petitioner did not make any representation to the

respondent seeking for reinstatement immediate after

the so called termination on 9-2-2004. The petitioner

has raised the present dispute only to make wrongful

gain from the management. Hence, they pray for

dismisal of the industrial dispute.

4. On the side of the petitioner, PW.1 was examined

and Ex.P1 to Ex.P4 were marked. On the side of the

respondent, RW.1 was examined and Ex.R1 to Ex.R5

were marked.

5. The point for determination is:

Whether the petitioner can be considered for

reinstatement in service with back wages and other

benefits?

6. On the point:

It is an admitted fact that the petitioner was an

employee in the respondent company. The main

contention of the petitioner is that he was an Executive

Committee member in the Union of the Industrial Estate

Workers functioning in the respondent company and

since he was involved in the union activities, he along

with some other workers were denied employment and

subsequently he was dismissed from service without

holding any domestic enquiry. In order to prove the

same, the petitioner was examined as PW.1 and PW.1 in

his evidence has deposed the said version and Ex.P1

to Ex.P4 were marked.

7. Per contra, the contention of the respondent is

that he was on probation when the present management

took over the respondent company and he used to

absent unauthorised and in fact he was found sleeping

while on duty in the third shift on 5-12-2003. In order

to prove the same, the Manager of the respondent

company was examined as RW.1, who has stated the

said facts and Ex.R1 to Ex.R5 were marked.

8.

Heard both sides. Perused the case records. The

main allegation of the respondent against the

respondent is that he used to absent unauthorisedly.

But he has not produced any document to show that

he was irregular in reporting the duty. If the contention

of the respondent is true, they would have issued memo.

to the petitioner and taken action against him. But no

such memo. has been filed by the respondent to prove

the said contention. RW.1 in his evidence has also

admitted that he did not send any show cause notice

for the unauthorised absent of the petitioner. The

relevant portion of his evidence runs as follows:-

“\–>V´Ï √ˬz ÿ>V¶ÏÕm k´V>]™V_ *ı|D

∂§s©A ÔΩ>D ÿÔV|›º>V\V ®[≈V_ ÿÔV|¬Ôs_ÁÈ.”

Hence, the respondent has failed to prove that the

petitioner was absent unauthorisedly.

9. According to the respondent, the petitioner was

found sleeping while on duty in the third shift on

5-12-2003. In order to prove his contention, the

respondent has marked a show cause notice issued to

the petitioner as Ex.R4. In Ex.R4 it has been mentioned

that the petitioner was found sleeping on 6-12-2003

at 4.35 a.m. while he was on duty and the same was

noticed by one P. Manimaran, who was a Shift In-charge.

Ex.R5 is the apology letter submitted by the petitioner

to the respondent management, wherein the petitioner

has admitted that he was sleeping while he was on duty

on 6-12-2003 and executed the management for the said

misconduct. Though the respondent has proved that the

petitioner was sleeping while he was on duty on 6-12-2003,

since the respondent himself has admitted that the

petitioner was let off with warning, much importance

cannot be given to Ex.R4 and Ex.R5.

10. The learned counsel for the respondent would

further submit that while the petitioner was on

probation, he did not evince any interest in his work

and in fact, he had tendered his resignation on

9-12-2003 and subsequently he came back to work on

10-1-2004. The respondent has marked the resignation

letter submitted by the petitioner to the respondent

as Ex.R2, which would confirm the said fact. On the side

of the respondent, the letter, dated 10-1-2004 submitted

by the petitioner to the respondent was marked as Ex.R3,

wherein the petitioner has requested the respondent

management to admit him in service and the respondent

management has considered the request of the petitioner

as a special case and admitted him in service. Hence,

much weightage can also be given to Ex.R2 and Ex.R3.

11. The learned counsel for the petitioner would

submit that the order of dismissal was given without

holding any domestic enquiry or issuing show cause

notice which is against the natural justice.

12. On perusal of records, it is seen that the

respondent has not conducted any domestic enquiry for

the misconducts of the petitioner, as alleged by the

respondent and it is evident that on verbal instruction

given by the respondent, the petitioner was dismissed

from service.

13. The respondent being an employer, has to

safeguard the interest of their employees. When the

petitioner was continuously absent without getting any

prior sanction or sleeping while he was on duty, the

respondent has to conduct the domestic enquiry and

in the enquiry, opportunity has to be given to the

277

3 May 2011]

LA GAZETTE DE L’ETAT

petitioner to peruse the records and cross-examine the

management witnesses and after complying all the

formalities only, they have to take action against him.

In this case, no domestic enquiry was conducted by the

respondent and they dismissed the service of the

petitioner on verbal instruction. When the petitioner

was working in the respondent company for more than

five years without any interruption, it was necessary

to have given opportunity to the petitioner before

terminating him from service. Neither no such

opportunity was given to the petitioner, nor principles

of natural justice have been complied with. Therefore,

the termination of service of the petitioner was bad in

law. When the petitioner is not of a habitual absentee,

the

punishment

imposed

by

the

respondent

management is disproportionate. In this regard, it is

pertinent to refer the decision, which is relevant to this

case:-

2009 (III) LLJ 373 (SC)

"When the Court and Tribunals are satisfied

that the punishment imposed by the disciplinary

authority is shockingly disproportionate, the decision

of the disciplinary authority can be interfered.

Therefore, when the delinquent employee is not of a

habitual absentee and seems to have a good track

record, and also the alleged misconduct of

unauthorised absence is not of gross violation of

discipline, the major punishment of dismissal can be

interfered".

In this case, the respondent has not raised any

serious misconduct against the petitioner prior to

misconduct of sleeping while he was on duty. Hence,

the misconduct that is alleged would definitely amounts

to violation of discipline that is expected of an

employee to maintain in the establishment, but may not

fit into the category of gross violation of discipline.

Hence, this court comes to a conclusion that the non-

employment of the petitioner from service is not justified

and hence he has to be reinstated into service. But

considering the facts and circumstances of the case, the

petitioner is not entitled for continuity of service and

back wages. Accordingly, this point is answered.

14. In the result, the industrial dispute is partly

allowed and the respondent management is hereby

directed to reinstate the petitioner into service.

However, he is not entitled for continuity of service and

back wages. No costs.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 21st day of

December 2010.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer, Labour Court,

Pondicherry.

List of witnesses examined for the petitioner :

PW.1—25-3-2010— D. Mohan

List of witnesses examined for the respondent :

RW.1—16-9-2010— P. Gnanagurupatham

List of exhibits marked for the petitioner :

Ex.P1 — Copy of the letter, dated 27-11-2006 sent to

the Conciliation Officer by the petitioner.

Ex.P2 — Letter, dated nil sent by the respondent to

Conciliation Officer.

Ex.P3 — Copy of the letter,

dated 8-8-2007 sent to

Secretary to Government.

Ex.P4 — Copy of the notification, dated 12-11-2007.

List of exhibits marked for the respondent :

Ex.R1 — Copy of the letter, dated 1-6-2006 sent by

the petitioner.

Ex.R2 — Letter, dated 9-12-2003 sent by the

petitioner to the respondent.

Ex.R3 — Letter, dated 10-1-2004 sent by the

petitioner to the respondent.

Ex.R4 — Copy of the letter, dated 6-12-2003 sent to

the petitioner.

Ex.R5—

Letter, dated nil sent by the petitioner to

the respondent.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer, Labour Court,

Pondicherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 90/AIL/Lab./J/2011, dated 15th April 2011)

NOTIFICATION

Whereas, the Award in I.D. No. l2/2008, dated 17-12-2010

of the Labour Court, Puducherry in respect of the

industrial dispute between the management of

M/s. Ajantha Cycle Parts Industry, Puducherry and

Thiru K. Parthasarathi over non-employment has been

received;

Now, therefore, in exercise of the powers conferred by

sub-section (1) of section 17 of the Industrial

Disputes Act, 1947 (Central Act XIV of 1947) read with

the notification issued in Labour Department’s G. O.

Ms. No. 20/91/Lab./L, dated 23-5-1991, it is hereby

directed by the Secretary to Government (Labour) that

the said Award shall be published in the official gazette,

Puducherry.

(By order )

N. APPA RAO,

Under Secretary to Government (Labour).

278

LA GAZETTE DE L’ETAT

[3 May 2011

BEFORE THE LABOUR COURT AT PONDICHERRY

Present :

Thiru T. MOHANDASS, M.A., M.L.,

II Additional District Judge,

Presiding Officer, Labour Court.

Friday, the 17th day of December 2010

I. D. No. 12/2008

Thiru K. Parthasarathi,

36-A, Indira Gandhi Street,

Israel Nagar, Pondicherry.

. .

Petitioner

Versus

The Managing Partner,

Ajantha Cycle Parts Industry,

Thattanchavady, Pondicherry.

. .

Respondent

This industrial dispute coming on 13-12-2010 for final

hearing before me in the presence of Thiru P. Sankaran,

advocate for the petitioner and Thiru C. Jagadeesan,

advocate for the respondent, upon hearing both sides,

upon perusing the case records, after having stood over

for consideration till this day, this court passed the

following:

AWARD

This industrial dispute arises out of the reference

made by the Labour Department, Government of

Pondicherry vide G. O. Rt. No. 90/2008/AIL/Lab./J,

dated 2-6-2008 for adjudicating the following :

(1) Whether t h e d i s p u t e r a i s e d b y

Thiru K. Parthasarathi against the management

of M/s. Ajantha Cycle Parts Industries, Pondicherry

over his non-employment is justified or not?

(2) To what relief, he is entitled to?

(3) To compute the relief, if any, awarded in terms

of money, if it can be so computed?

2. The petitioner in his claim statement, has averred

as follows:

The petitioner was working as Shaping Man from

December 1990 in the respondent company to the

utmost satisfaction of the company. From 6-10-2005

he went on leave and when he reported for duty

on 31-10-2005, the respondent company refused to give

the employment. The respondent management,

without conducting any domestic enquiry, have

dismissed him from service, which is against the

labour law. The petitioner was working for fifteen

years in the respondent company and since the

union was started, they took revenge against him.

Hence, this industrial dispute is filed for

reinstatement with continuity of service, back wages

and other benefits.

3. In the counter statement, the respondent has

stated as follows :

The petitioner was absent for duty from 3-10-2005

onwards without applying any leave or prior

intimation. Hence on 25-10-2005 the respondent sent

a letter advising the petitioner to join duty on or before

31-10-2005. The petitioner received the said notice

and failed to join duty and continued to be absent.

Again on 2-12-2005 the respondent sent a letter

informing him to join duty on or before 8-12-2005.

But the said letter was returned with an endorsement

“Refused”. On 15-12-2006 the respondent sent a letter

to the petitioner to join duty within 10 days from the

date of receipt of the letter. But the said letter

returned with an endorsement “Not claimed”.

Hence, the petitioner is not entitled for any relief

under any circumstances for his unauthorised

absence and voluntarily withdrew from his

employment, even after repeated reminders sent to him.

Hence, he prays for dismissal of the industrial dispute.

4. No oral evidence was adduced on either side and

Ex.P1 to Ex.P6 were marked on the side of the petitioner

and Ex.R1 to Ex.R8 were marked on the side of the

respondent.

5. The point for determination is :

Whether the petitioner can be considered for

reinstatement in service with back wages and other

benefits?

6. On the point:

The contention of the petitioner is that he was

working as Shaping Man from December 1990 in the

respondent company to the utmost satisfaction of the

company. From 6-10-2005 he went on leave and when he

reported for duty on 31-10-2005, the respondent

c o m p a n y r e f u s e d t o g i v e t h e e m p l o y m ent.

The respondent management, without conducting any

domestic enquiry, have dismissed him from service,

which is against the labour law. He was working for

fifteen years in the respondent company and since the

union was started, they took revenge against him.

7. Per contra, the contention of the respondent is

that petitioner was absent for duty from 3-10-2005

onwards without applying any leave or prior

intimation. Hence on 25-10-2005 the respondent sent a

letter advising the petitioner to join duty on or

before 31-10-2005. The petitioner received the said

notice and failed to join duty and continued to be absent.

Again on 2-12-2005 the respondent sent a letter

informing him to join duty on or before 8-12-2005.

But the said letter was returned with an endorsement

“Refused”. On 15-12-2006 the respondent sent a letter

to the petitioner to join duty within 10 days from the date

of receipt of the letter. But the said letter returned with an

279

3 May 2011]

LA GAZETTE DE L’ETAT

endorsement “Not claimed”. Hence, the petitioner is not

entitled for any relief under any circumstances for his

unauthorised absence and voluntarily withdrew from his

employment, even after repeated reminders sent to him.

8. It is an admitted fact that the petitioner was an

employee in the respondent company. The main

contention of the petitioner is that he went on leave from

6-10-2005 and when he reported for duty on 31-10-2005,

he was refused to work by the respondent company.

On the other hand, the respondent would submit that

the petitioner was absent from duty from 3-10-2005

without applying any leave or prior intimation.

9. On perusal of records, it is seen that the petitioner

has not produced any documentary evidence to show

that he went on leave after getting prior permission from

the respondent management. The petitioner is an

employee under the respondent company and it is for

him to get prior sanction from his employer and then to

proceed on leave that too when he proceeded on long

leave. In this case, the respondent has not sanctioned

any leave to the petitioner.

10. According to the respondent, since the

petitioner was absent for duty from 3-10-2005 onwards

without applying any leave or prior intimation, on 25-10-2005

they sent a letter advising him to join duty on or before

31-10-2005 and he received the said notice but he

continued to be absent. In order to prove his

contention, the respondent has marked the letter Ex. R1,

dated 25-10-2005 wherein the respondent has informed

the petitioner that he has to join duty on or before 31-10-2005

otherwise his name will be deleted from the company

records. Ex. R3 is another letter dated 2-12-2005 sent to

the petitioner by the respondent wherein they informed

that since the petitioner has not joined duty, he has to

give explanation for the same on or before 8-12-2005 and

if he failed to submit the explanation, it will be construed

that he abandoned his services. Ex. R1 letter has been

received by the petitioner under acknowledgment

card Ex.R2. Ex.R3 has been returned with an endorsement

“Refused” which has been marked as Ex. R4. Ex. R5

is another letter sent by the respondent to the petitioner

asking for explanation for continuous absent and the

said letter was also returned with endorsement

“Not claimed”, which has been marked as Ex.P6. From

the documents filed on the side of the respondent, it is

seen that in spite of several opportunities given by the

respondent, the petitioner has not given any explanation

for his continuous absent and hence this court comes

to the conclusion that the petitioner has unauthorisedly

absent and he went on leave without obtaining prior

permission from the respondent management. Though

on the side of the petitioner, Ex. P1 to Ex. P6 were

marked, the said documents are not in any way helpful

to his case.

11. The contention of the petitioner is that without

giving opportunity to him and without conducting any

domestic enquiry, he was dismissed from service by the

respondent, which is against labour legislations.

12. On perusal of records, it is seen that the

respondent has not conducted any domestic enquiry for

the alleged misconduct of the petitioner. In this case,

since the petitioner was absent from 3-10-2005, the

respondent sent a letter Ex.R1 informing the petitioner

to joint duty on or before 31-10-2005 and since the

petitioner has not joined duty, another two letters

have been sent to him to give explanation for his

unauthorised absence and since there is no response

from the petitioner, he was dismissed from service vide

letter, dated 28-2-2006 Ex. R7.

13. The respondent being an employer, has to

safeguard the interest of their employees. When the

petitioner is continuously absent without getting any

prior sanction, he has to conduct the domestic enquiry

and in the enquiry, opportunity has to be given to the

petitioner to peruse the records and cross-examine the

management witnesses and after complying all the

formalities only, they have to take action against him.

In this case, the respondent has not conducted any

domestic enquiry and has violated the principles of

natural justice. When the petitioner is not of a habitual

absentee, the punishment imposed by the respondent

management is disproportionate. In this regard, it is

pertinent to refer the decision, which is relevant to this

case:

2009 (III) LLJ 373 (SC) Jagdish Singh Vs.

Punjab Enginering College and Others :-

“When the Court and Tribunals are satisfied

that the punishment imposed by the disciplinary

authority is shockingly disproportionate, the

decision of the disciplinary authority can be

interfered. Therefore, when the delinquent employee

is not of a habitual absentee and seems to have a

good track record, and also the alleged misconduct of

unauthorised absence is not of gross violation of

discipline, the major punishment of dismissal can be

interfered”

In this case, the respondent has not raised any

serious misconduct prior to the present absenteeism.

Hence, the misconduct that is alleged would definitely

amounts to violation of discipline that is expected of an

employee to maintain in the establishment, but may not

fit into the category of gross violation of discipline.

Hence, this court comes to a conclusion that the non-

employment of the petitioner from service is not

justified. But at the same time the available records

would clearly prove that the petitioner was proceeding

on leave without getting prior permission from the

280

LA GAZETTE DE L’ETAT

[3 May 2011

respondent. Therefore, considering the facts and

circumstances of the case, the petitioner is entitled for

reinstatement in service with continuity of service but

not entitled for back wages. Accordingly, this point

is answered.

14. In the result, the industrial dispute is partly

allowed and the petitioner is entitled for reinstatement

with continuity of service. However, he is not entitled

for back wages and other benefits. No costs.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 17th day of December 2010.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer, Labour Court,

Pondicherry.

————

List of witnesses examined for the petitoner: Nil

List of witnesses examined for the respondent : Nil

List of exhibits marked for the petitioner:

Ex. P1 — Letter, dated 25-10-2005 sent to the

petitioner.

Ex. P2 — Copy of the letter, dated 23-2-2006 sent to

the respondent by petitioner.

Ex. P3 — Letter, dated 28-2-2006 sent to the petitioner

Ex. P4 — Copy of the letter, dated 24-5-2006 sent to the

Conciliation Officer.

Ex. P5 — Copy of the letter, dated 19-9-2006

Ex. P6 — Letter, dated 25-1-2008 sent to the Secretary

to Government (Labour).

List of exhibits marked for the respondent:

Ex. R1 — Copy of the letter, dated 25-10-2005 sent to

the petitioner.

Ex. R2 — Acknowledgment card

Ex. R3 — Copy of the letter, dated 2-12-2005 sent to the

petitioner.

Ex. R4 — Returned postal cover

Ex. R5 — Copy of the letter, dated 15-12-2005 sent to

the petitioner.

Ex. R6 — Returned postal cover

Ex. R7 — Letter, dated 28-2-2006 sent to the petitioner

Ex. R8 — Acknowledgment card.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer, Labour Court,

Pondicherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 91/AIL/Lab./J/2011, dated 15th April 2011)

NOTIFICATION

Whereas, the Award in I.D.No.9/2008, dated 20-12-2010

of the Labour Court, Puducherry in respect of the

industrial dispute between the management of

M/s. Sri Bharathi Mills over correction of date of birth

of Thiru D. Arumugam has been received;

Now, therefore, in exercise of the powers conferred

by sub-section (1) of section 17 of the Industrial

Disputes Act, 1947 (Central Act XIV of 1947) read with

the notification issued in Labour Department's G.O. Ms.

No.20/91/Lab./L, dated 23-5-1991, it is hereby directed

by Secretary to Government (Labour) that the said

Award shall be published in the official gazette,

Puducherry.

(By order )

N. APPA RAO,

Under Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PONDICHERRY

Present: Thiru T. MOHANDASS. M.A, B.L.,

II Additional District Judge,

Presiding Officer, Labour Court.

Monday, the 20th day of December 2010

I.D. No. 9/2008

The President,

Pudhuvai Mill Thozhilalar Sangam,

Mudaliarpet, Pondicherry . . Petitioner

Versus

The General Manager,

Sri Bharathi Mills,

Pondicherry. . . Respondent

This industrial dispute coming on 14-12-2010 for final

hearing before me in the presence of Thiru Durai

Arumugam, appearing for the petitioner and Ms. V. Usha,

advocate for the respondent, upon hearing both sides,

upon perusing the case records, after having stood over

for consideration till this day, this court passed the

following:

281

3 May 2011]

LA GAZETTE DE L’ETAT

AWARD

This industrial dispute arises out of the reference

made by the Labour Department, Government of

Pondicherry vide G.O. Rt. No.78/AIL/Lab./J/2008, dated

9-4-2008 for adjudicating the following:-

(1) Whether the dispute raised by Puduvai Mill

Thozhilalar Sangam seeking correction of date of

birth of D. Arumugam as 15-1-1953 instead of

20-3-1950 based on the Birth Certificate issued by the

Pondicherry Municipality, Puducherry against the

management of M/s. Sri Bharathi Mills, Puducherry

is justified or not.

(2) To what remedy, the petitioner is entitled to?

2. The petitioner, in his claim statement, has averred

as follows:

The workman D. Arumugam was a member in the

petitioner union and he was working in the

respondent mill for the past 37 years. Based on the

Transfer Certificate given by the petitioner to the

respondent, his date of birth is mentioned as

20-3-1950 in the Attendance Register, Provident Fund

Records and other records maintained by the

respondent mill. Actually his date of birth mentioned

in the Transfer Certificate is wrong and his actual

date of birth is 15-1-1953. After computerised all the

records in the respondent mill, he came to know the

said fact. He also found that his father's name is also

wrongly mentioned in the records maintained by the

respondent mill. Hence, he submitted a letter,

dated

13-3-1986

requesting

the

respondent

management to correct his date of birth and his

father's name. But the respondent mill has not taken

any steps to correct the same. The said employee

submitted a letter on 13-3-1986 and after continuous

persuasion, the management vide its letter, dated

22-4-1987 demanded a court order to the effect of

changing the date of birth and father's name of the

employee. Again the petitioner has submitted a letter,

dated 18-3-1992 requesting to rectify the said

mistake, but the respondent mill has corrected only

his father's name. Hence, this industrial dispute is

filed to correct the date of birth of the petitioner

as 15-1-1953 instead of 20-3-1950 in the records

maintained by the respondent mill. Since he went on

superannuation, he also prays this court to reinstate

him with effect from 20-3-2010.

3. In the counter statement, the respondent has

stated as follows :

I t i s t r u e t h a t t h e e m p l o y e e b y n a m e

D. Arumugam is working for the past 37 years in the

Roving Department of the respondent mills. He

denied that the said workman came to know that his

date of birth was entered as 20-3-1950 instead of

15-1-1953 only during 1986. If the contention of the

employee is to be considered true, he would not have

given the nomination and declaration form (Form

No.2) under the Family Pension Scheme

(Provident Fund) on 20-4-1998 in which he has

mentioned that his date of birth is 20-3-1950.

The respondent management made change in the

name of the employee’s father as Daruman after

verifying many records such as the employee’s

school certificate, voter’s identity card, ration card

etc., wherein the details regarding the date of birth

of the said employee was not available and hence the

correction was done with regard to his father's name

and not to his date of birth. Hence, he prays for

dismissal of the industrial dispute.

4. On the side of the petitioner, PW.1 was examined

and Ex.P1 to Ex.P7 were marked and on the side of the

respondent, RW.1 was examined and Ex.R1 to

Ex.R4 were marked.

5. The point for determination is:

Whether the industrial dispute can be allowed?

6. On the point:

This case was posted for argument of respondent

side from 25-11-2010 for seven hearings. But neither the

respondent nor his counsel has appeared before this

court to argue the matter. Finally this case was posted

today for argument of respondent side. Today also the

respondent or his counsel has not appeared before this

court. Hence, this court feels that there is no use to

adjourn this case further unnecessarily.

7. The contention of the petitioner is that his date

of birth is wrongly mentioned as 20-3-1950 instead of

15-1-1953 in the records maintained by the respondent

mill and hence he prays this court to correct the same

in the said records.

8. Per contra, the contention of the respondent is

that in the nomination and declaration form, the

petitioner has mentioned his date of birth as 20-3-1950

and without obtaining any order from the competent

court, the date of birth cannot be corrected.

9. On the side of the petitioner, his birth certificate

was marked as Ex.P1. A perusal of Ex.P1 would show

that the date of birth of the petitioner is mentioned as

17-1-1953. Ex.P1 is not challenged by the respondent.

Hence, the petitioner has proved that his date of birth

is 17-1-1953.

10. According to the petitioner, the date of birth of

the workman Arumugam is wrongly mentioned

as 20-3-1950 instead of 17-1-1953 and his father's name

was also wrongly mentioned and when he requested the

respondent mill to correct the same, he was advised to

get the court order, but subsequently his father’s name

has been corrected, but refused to correct his date of

birth.

282

LA GAZETTE DE L’ETAT

[3 May 2011

11. The contention of the respondent is that the

management of the mill made change in the name of the

employee’s father as Dharuman after verifying many

records such as the employee's school certificate, voter’s

identity card, ration card etc., wherein the details

regarding the date of birth of the said employee was

not available and hence the correction was done with

regard to his father's name and not to his date of birth.

12. But as already stated, the petitioner has produced

the date of birth of the said employee Ex.P1 in which

his date of birth is mentioned as 15-1-1953. Ex.P1 is an

authenticated public document, which has been issued

by the Registrar, Pondicherry Municipality. According

to the petitioner, after producing the said document

before the respondent mill and requesting for correction

of the date of birth, the respondent refused to correct

the same and demanded for court order. As per the

Evidence Act, it is the duty of the petitioner to prove

that his date of birth is 15-1-1953. In order to prove the

said fact, the petitioner has filed his birth

certificate Ex.P1 issued by the Pondicherry

Municipality, who is a competent authority to issue the

birth certificate. Ex.P1 was relied on by the petitioner

as primary evidence for his case. It is relevant to

mention section 35 of Indian Evidence Act:-

"35. Relevancy of entry in public (record or an

electronic record) made in performance of duty. -

An entry in any public or other official book,

register or (record or an electronic record) stating

a fact in issue or relevant fact, and made by a

public servant in the discharge of his official duty,

or by any other person in performance of a duty

specially enjoined by the law of the country in

which such book, register or (record or an

electronic record) is kept, is itself a relevant fact."

As per section 35 of Indian Evidence Act, an entry

in any public or other official book or register

maintained by a public servant is a relevant fact.

Section 74 of the Indian Evidence Act says about the

public document, which runs as follows:-

74. Public documents.-The following documents

are public documents:-

(1) Documents forming the acts, or records

of the acts —

(i) of the sovereign authority,

(ii) of official bodies and tribunals, and

(iii) of public officers, legislative, judicial and

executive or of a foreign country.

(2) Public records kept in any state of private

documents. It is further to refer section 62 of

Indian Evidence Act, which runs as follows:-

"62. Primary evidence - Primary evidence

means the document itself produced for the

inspection of the Court."

According to section 74 of Indian Evidence Act,

Ex.P1, which was issued by the competent authority is

a public document. In this case, the petitioner has

produced Birth Certificate Ex.P1, which is a vital

document to prove his case and the same was produced

by the petitioner before this court.

13. The respondent submitted in their counter that

the petitoner has given the nomination and declaration

form (Form No. 2) under the Family Pension Scheme

(Provident Fund) on 20-4-1998 in which he has

mentioned that his date of birth is 20-3-1950.

14. On

the

side

of

the

respondent,

one

Muthukumaran, General Manager of the respondent mill

was examined as RW.1 . RW.1 in his evidence has stated

that the workman Arumugam has stated in his

nomination and declaration form that his date of birth

is 20-3-1950. But during the cross-examination, RW.1 has

admitted that after computerised all the records in the

respondent mill, the particulars regarding the date of

birth of the employee’s and the educational

qualification were mentioned in the nomination and

declaration form. RW.1 further stated that prior to 1986,

the salary slip was issued to the said employee and the

particulars regarding the date of birth and father's name

have not been mentioned in the said salary slip. RW.1

further stated that at the time of joining duty, the

particulars regarding the date of birth and the

educational qualification were obtained from the said

employee and the said particulars have been given by

the said employee orally. The relevant portion of his

evidence is as follows:-

“ºƒ\ÂÈ W] √ΩkD 2 �ÆD ƒD√· ´Êm g˛Bku§_

\–>V´ˆ[ ∏≈Õ> º>], \V>D gı| z§©∏¶©√‚|^·m

®[≈V_

ƒˆ>V[.

\–>V´ˆ[

>ÕÁ>

ÿ√BÚD

z§©∏¶©√‚|^·m. 1986¬z x[™V_ ∂kÚ¬z ƒD√· ´Êm

ÿÔV|¬Ô©√‚|^·m. g™V_ ∂Õ> ƒD√· ´Ê]_ º�√Ω

>ÕÁ> ÿ√BÏ, ∏≈Õ> º>] g˛BÁk z§©∏¶©√‚| ÷ÚÕ>>V

®[Æ ®™¬z QV√ÔD ÷_ÁÈ.

\–>V´Ï

gÁÈl_

ºƒÚDº√Vm

∂kˆ¶D

kVFÿ\VaBVÔ ∂Õ>¬ ÔVȬ Ô‚¶›]_ ∏≈Õ> º>] �ÆD

Ô_s› >z] g˛BÁk ºÔ‚| z§›m¬ ÿÔV^·©√‚¶™. ∂©√Ω

∂kÏ z§©∏‚¶ sk´∫Ô^ z§›> \–>V´Ï kƒD ÁÔÿBV©√D

ÿ√≈©√‚¶>V ®[≈V_ √ÁwB gkð∫Ô^ >uº√Vm ®∫Ô^

WÏkVÔ›]_ ÷_ÁÈ.

From the above evidence of RW.1, it could be inferred

that the particulars regarding the date of birth of the

employee, his father's name and his educational

qualification have been obtained by the respondent mill,

on oral information given by the concerned employee

at the time of joining duty and the same have been

entered by them in the nomination and declaration form.

283

3 May 2011]

LA GAZETTE DE L’ETAT

15. Now we have to see whether this court has got

jurisdiction to direct the management to correct the date

of birth as prayed for. In this case there is no dispute

about employment of the petitioner with the

respondent. As per the Second Schedule of Industrial

Disputes Act, 1947, there are six items to be tried by

the Labour Courts. Sixth item says that “all matters

other than those specified in the Third Schedule.”

Hence, when applying the sixth item to the present case,

this court has got jurisdiction to decide the relief of the

petitioner.

16. When the employee requested the management

to correct the date of birth subsequently, based on Ex.P1,

it is the duty of the respondent to correct the same.

Hence, this court comes to the conclusion that the

petitioner has proved that the date of birth of the

workman by name Arumugam is 15-1-1953 through Ex.P1

and hence, the respondent is hereby directed to correct

the date of birth of the said employee Arumugam as

15-1-1953 instead of 20-3-1950 in all the registers

maintained by the respondent mill and consequently, the

order of superannuation passed by the respondent

management is set aside. Since the said Arumugam

was sent on superannuation on 20-3-2010, the

respondent is also directed to reinstate the said

Arumugam in service with effect from 20-3-2010.

Accordingly, this point is answered.

17. In the result, the industrial dispute is allowed. The

respondent is hereby directed to correct the date of

birth of the workman Arumugam as 15-1-1953 in all the

registers maintained by the respondent. The order of

superannuation passed by the respondent management

is set aside and the respondent is hereby directed to

reinstate the said Arumugam in service with effect from

20-3-2010. No costs.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 20th day of

December 2010.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer,

Labour Court, Pondicherry.

————

List of witnesses examined for the petitioner:

PW.1 — 17-12-2009 - D. Arumugam

List of witnesses examined for the respondent:

RW.1 — 1-7-2010 - Muthukumaran

List of exhibits marked for the petitioner:

Ex.P1 — Birth certificate of Arumugam

Ex.P2 — Superannuation notice issued to the said

Arumugam, dated 15-2-2010.

Ex.P3 — Copy of the letter, dated 19-2-2010 sent

by the respondent.

Ex.P4 — Copy of pay slip of the said Arumugam

Ex.P5 — Copy of the letter, dated 16-10-2007 sent

to Labour Officer.

Ex.P6 — Copy of the letter, dated 11-12-2007 sent

by the petitioner.

Ex.P7 —

Pay slip of Arumugam

List of exhibits marked for the respondent:

Ex.R1 — Copy of nomination and declaration form.

Ex.R2 — Letter, dated 13-3-1986 sent by the said

Arumugam to the respondent.

Ex.R3 —

Reply letter, dated 22-4-1987 sent by the

respondent

Ex.R4 — Copy of superannuation notice, dated

15-2-2010.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer,

Labour Court, Pondicherry.

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (EDUCATION-I)

(G.O. Ms. No. 39, dated 8th April 2011)

NOTIFICATION

The Lieutenant-Governor is pleased to accept the

resignation tendered by Thiru M.O.H.F. Shajahan,

Hon’ble Minister for Higher Education, Government of

Puducherry from the Office of the Chairman of

Pondicherry Institute of Post-Matric Technical

Education, (PIPMATE), Pondicherry Society for Higher

Education (PONSHE), Puducherry, Engineering College

(Pondicherry) Society (Pondicherry Engineering

College, Puducherry) and Engineering College (Karaikal)

Society (Perunthalaivar Kamarajar Institute of

Engineering and Technology, Karaikal), with effect from

23-3-2011. The Secretary to Government (Education)

shall hold the charge of Chairman/Chairperson of all the

above Societies.

(By order of the Lieutenant-Governor)

L. MOHAMED MANSOOR,

Joint Secretary to Government (Edn.).