Puducherry Gazette, No. 18, 03 May 2011

3 May 2011] LA GAZETTE DE L'ETAT 283

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.

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:

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 s a i d A r u m u g a m w a s s e n t o n s u p e r a n n u a t i o n 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.

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.

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GOVERNMENT OF PUDUCHERRY CHIEF SECRETARIAT (EDUCATION-I) (G.O. Ms. No. 39, dated 8th April 2011) 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 m e i n t h e o p e n c o u r t o n t h i s t h e 2 0 t h d a y o f December 2010.

T. MOHANDASS, II Additional District Judge, Presiding Officer, Labour Court, Pondicherry.

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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

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.

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.

(By order of the Lieutenant-Governor)

L. MOHAMED MANSOOR, Joint Secretary to Government (Edn.).

284 LA GAZETTE DE L'ETAT [3 May 2011 GOVERNMENT OF PUDUCHERRY GOVERNMENT OF PUDUCHERRY HEALTH SECRETARIAT OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 650/CEO/S1/Exam./2010-11.

(G. O. Ms. No. 20, dated 19th April 2011)

Puducherry, the 8th April 2011.

NOTIFICATION

It is hereby notified that the original S.S.L.C. Mark Certificate, bearing Serial Number SEC 6149543 under Register Number 946233 of March 2008 in respect of K. Balasangeetha, a private candidate, is reported to have been lost and beyond scope of recovery and it is proposed to issue a duplicate certificate. If the original certificate is to be found by anybody, it should be sent to the Director of Government Examinations, Chennai-6, for cancellation, as it is no longer valid.

T. ANOUMANDANE, Chief Educational Officer.

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GOVERNMENT OF PUDUCHERRY

NOTIFICATION

Based on the recommendation of the Selection Committee, Dr. P. Jayakumar is appointed as Director, Indira Gandhi Medical College and Research Institute functioning under the control of Perunthalaivar Kamaraj Medical College Society, Puducherry on regular basis in the pay of ` 43,000+Grade Pay ` 10,000 [ Pay Band -4 of ` 37,400-67,000+ Grade Pay ` 10,000 + Special Pay ` 1,000] with effect from the forenoon of 21-3-2011. He is entitled to draw the allowances as resolved by the Governing Body of the Indira Gandhi Medical College and Research Institute, Puducherry.

2. He is placed on probation for 2 years from the date of his appointment.

(By order of the Lieutenant-Governor) TRANSPORT SECRETARIAT

P. RAJALAKSHMI, Under Secretary to Government (Health).

(G. O. Ms. No. 10/Tr. Sectt./2011, dated 11th April 2011)

NOTIFICATION

————

GOVERNMENT OF PUDUCHERRY INFORMATION TECHNOLOGY SECRETARIAT (G. O. Ms. No. 1/2011-IT, dated 21st April 2011) Thiru A. Marimuthu, M.L.A., is relieved from the post of Chairman of Puducherry Road Transport Corporation, Puducherry and Chairman of the Board of Directors of Puducherry Road Transport Corporation with effect from the forenoon of 18th March 2011.

(By order of the Lieutenant-Governor)

S. THAMMU GANAPATHY, Under Secretary to Government (Tr.).

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GOVERNMENT OF PUDUCHERRY

NOTIFICATION

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

The Lieutenant-Governor is pleased to accept the resignation tendered by Thiru M.O.H.F. Shahjahan, Hon'ble Minister for Information Technology from the Office of the Chairman of Puducherry e-Governance Society, Puducherry with effect from 23-3-2011. The Vice-Chairman of Puducherry e-Governance Society will hold the charge of Chairman until further orders.

No. 2128/CEO/S1/Exam./2010-11.

(By order of the Lieutenant-Governor)

Puducherry, the 18th April 2011.

Dr. S. KANAGASABAI,

NOTIFICATION

Joint Secretary to Government (IT).

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GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

(G.O. Rt. No. 92/AIL/Lab./J/2011, dated 25th April 2011)

It is hereby notified that the original S.S.L.C. Mark Certificate, bearing Serial Number SEC 1423330 under Register Number 471012 of April 2004 in respect of T. Sundaralingam, an ex-pupil of Thamizh Thendral Thiru Vi. Ka. Government High School, Puducherry, is reported to have been lost and beyond scope of recovery and it is proposed to issue a duplicate certificate. If the original certificate is to be found by anybody, it should be sent to the Director of Government Examinations, Chennai-6, for cancellation, as it is no longer valid.

T. ANOUMANDANE, Chief Educational Officer.

NOTIFICATION

Whereas the Government is of the opinion that an industrial dispute has arisen between M/s. Galactica Water Treatment (India) Limited, Puducherry and Thiru Mohammed Ali over non-employment in respect of the matter mentioned in the Annexure to this order;

3 May 2011] LA GAZETTE DE L'ETAT 285

And whereas in the opinion of the Government, it is necessary to refer the said dispute for adjudication;

Now, therefore, by virtue of the authority delegated vide G.O. Ms. No. 20/91/Lab., dated 23-5-1991 of the Labour Department, Puducherry to exercise the powers conferred by clause (c) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), it is hereby directed by Secretary to Government (Labour) that the said dispute be referred to the Labour Court, Puducherry for adjudication. The Labour Court, Puducherry shall submit the award within 3 months from t h e d a t e of issue of reference as stipulated under sub-section (2-A) of section 10 of the Industrial Disputes Act, 1947 and in accordance with rule 10-B of the Industrial Disputes (Central) Rules, 1957. The party raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses to the Labour Court, Puducherry within 15 days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.

ANNEXURE

(a) W h e t h e r t h e d i s p u t e r a i s e d b y Thiru Mohammed Ali against the management of M/s. Galactica Water Treatment (India) Limited, Puducherry over non-employment is justified?

(b) If justified, to what relief, the petitioner is entitled to?

(By order)

N. APPA RAO, Under Secretary to Government (Labour).

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OULGARET MUNICIPALITY

Jawahar Nagar , the 21st April 2011.

Dangerous Establishments

NOTICE

Notice is hereby given to inhabitants of Oulgaret Municipality that the undermentioned person has requested permission from this Municipality to set up an industry in the place shown against his name in column (3) within this municipal limits.