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.).
284
LA GAZETTE DE L’ETAT
[3 May 2011
GOVERNMENT OF PUDUCHERRY
OFFICE OF THE CHIEF EDUCATIONAL OFFICER
No. 650/CEO/S1/Exam./2010-11.
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.
————
GOVERNMENT OF PUDUCHERRY
TRANSPORT SECRETARIAT
(G. O. Ms. No. 10/Tr. Sectt./2011, dated 11th April 2011)
NOTIFICATION
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.).
————
GOVERNMENT OF PUDUCHERRY
OFFICE OF THE CHIEF EDUCATIONAL OFFICER
No. 2128/CEO/S1/Exam./2010-11.
Puducherry, the 18th April 2011.
NOTIFICATION
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.
GOVERNMENT OF PUDUCHERRY
HEALTH SECRETARIAT
(G. O. Ms. No. 20, dated 19th April 2011)
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)
P. RAJALAKSHMI,
Under Secretary to Government (Health).
————
GOVERNMENT OF PUDUCHERRY
INFORMATION TECHNOLOGY SECRETARIAT
(G. O. Ms. No. 1/2011-IT, dated 21st April 2011)
NOTIFICATION
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.
(By order of the Lieutenant-Governor)
Dr. S. KANAGASABAI,
Joint Secretary to Government (IT).
————
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Rt. No. 92/AIL/Lab./J/2011, dated 25th April 2011)
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;
285
3 May 2011]
LA GAZETTE DE L’ETAT
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
the date 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?
(c)
To compute the relief, in terms of money, if it
can be so computed.
(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.