290

LA GAZETTE DE L’ETAT

[10 May 2011

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 93/AIL/Lab./J/2011, dated 25th April 2011)

NOTIFICATION

Whereas, the Award in I.D. No.14/2008, 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 A. Arul 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).

————

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. 14/2008

A. Arul,

No.19, 2nd Street, Pudupet,

Koodapakkam, Pondicherry

. .

Petitioner

Vs.

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. 93/2008/AIL/Lab./J, dated

6-6-2008 for adjudicating the following :-

1. Whether the dispute raised by Thiru A. Arul

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 Jointing Man from

October 1998 in the respondent company to the

utmost satisfaction of the company. From 21-11-2005

he went on leave and when he reported for duty on

30-11-2005, 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 ten 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 21-11-2005 the respondent sent

a letter to the petitioner, calling explanation for his

unauthorised absence from 3-11-2005. The petitioner

received the said letter, but failed to report for duty.

On 15-11-2005 the respondent once again sent a letter

to report for duty on or before 22-12-2005, but the

said letter returned with an endorsement “Refused

return to the sender”. On 28-2-2006 the respondent

further sent a letter advising him to join duty within

ten days from the date of receipt of the said letter.

The petitioner received the said letter, but failed to

report for duty. 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.

291

10 May 2011]

LA GAZETTE DE L’ETAT

4. No oral evidence was adduced on either side and

Ex.P1 to Ex.P8 were marked on the side of the petitioner

and Ex.R1 to Ex.R6 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 Jointing Man from October 1998 in the

respondent company to the utmost satisfaction of the

company and from 21-11-2005 he went on leave and

when he reported for duty on 30-11-2005, the

respondent company refused to give the employment.

He further submitted that the respondent management,

without conducting any domestic enquiry, have

dismissed him from service, which is against the labour

law and the petitioner was working for ten 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 the petitioner was absent for duty from 3-10-2005

onwards without applying any leave or prior intimation

and hence on 21-11-2005 they sent a letter to the

petitioner, calling explanation for his unauthorised

absence from 3-11-2005. It is further stated by the

respondent that the petitioner received the said letter,

but failed to report for duty and on 15-11-2005 they

once again sent a letter to report for duty on or before

22-12-2005, but the said letter returned with an

endorsement “Refused return to the sender” and on 28-2-2006

they further sent a letter advising him to join duty within

ten days from the date of receipt of the said letter and

the petitioner received the said letter, but failed to

report for duty and hence, the petitioner is not entitled

for any relief under any circumstances for his

unauthorised absence.

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

21-11-2005 and when he reported for duty on 30-11-2005,

he was not permitted to work by the respondent

company. On the other hand, the respondent would submit

that the petitioner was absent for 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 21-11-2005

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

30-11-2005 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 21-11-2005 wherein the respondent has informed

the petitioner that he has to join duty on or before 30-11-2005

otherwise his name will be deleted from the company

records. The petitioner received the said letter under

acknowledgment card Ex.R2. Ex.R3 is another letter

dated 15-12-2005 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 and also he has to join duty on

or before 22-12-2005. Ex. R3 has been returned with an

endorsement “Refused return to sender” which has been

marked as Ex.R4. Ex.R5 is another letter dated 28-2-2006

sent by the respondent to the petitioner dismissing him

from service and the said letter has been received by the

petitioner under acknowledgment card Ex. R6. 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 joined duty and he

has also 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.P8 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 join duty on or before 30-11-2005 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.R5.

292

LA GAZETTE DE L’ETAT

[10 May 2011

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

Engineering 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

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 petitioner: Nil

List of witnesses examined for the respondent : Nil

List of exhibits marked for the petitioner:

Ex.P1 — Letter, dated 12-11-2005 sent to the

respondent.

Ex.P2 — Letter, dated 21-11-2005 sent to the petitioner

by the respondent.

Ex.P3 — Letter, dated 7-1-2006 sent by the

petitioner to the respondent.

Ex.P4 — Copy of the letter, dated 23-2-2006 sent by

the petitioner to the respondent.

Ex.P5 — Letter, dated 28-2-2006 sent by the

respondent to the petitioner.

Ex.P6 — Copy of the letter, dated 24-5-2006 sent by

the petitioner to the Conciliation Officer.

Ex.P7 — Copy of the letter, dated 24-6-2007 sent

to Secretary to Government (Labour).

Ex.P8 — Copy of the notification dated 6-6-2008.

List of exhibits marked for the respondent:

Ex.R1 — Copy of the letter, dated 21-11-2005

sent to the petitioner.

Ex.R2 — Acknowledgment card

Ex.R3 — Copy of the letter, dated 15-12-2005 sent

to the petitioner.

Ex.R4 — Returned postal cover

Ex.R5 — Copy of the letter, dated 28-2-2006 sent

to the petitioner.

Ex.R6 — Acknowledgment card.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer, Labour Court,

Pondicherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 94/AIL/Lab./J/2011, dated 25th April 2011)

NOTIFICATION

Whereas, the Award in I.D. No.8/2008, 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 Kulanthaiperumal over non-employment has been

received;

293

10 May 2011]

LA GAZETTE DE L’ETAT

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.

Friday, the 17th day of December 2010

I. D. No. 8/2008

Kulanthaiperumal,

552, Pudhu Nagar,

Thirukkanur, 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.62/2008//AIL/Lab./J, dated

25-3-2008 for adjudicating the following :—

1. Whether the dispute raised by

Thiru Kulanthaiperumal 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 Washingman from 1995

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.

On 16-11-2005 the respondent management informed

the petitioner through a letter that his name was

deleted from the company records and by way of letter,

dated 1-12-2005, the petitioner was dismissed from

service with effect from 19-11-2005. The respondent

management, without conducting any domestic

enquiry, have dismissed him from service, which is

against the labour law. The petitioner was working

for eight 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 joined duty on 31-10-2005 only and

continued to be absent from 1-11-2005. Again on

16-11-2005 the respondent sent a letter informing him

that he himself terminated his service voluntarily and

advising him to receive the emoluments due to him

till 19-11-2005. On 1-12-2005 the respondent sent

another letter to remind him to receive the

emoluments due to him in the office of the factory

unit during the working hours. The petitioner

received the said letter and gave evasive reply and

failed to join duty. Hence, on 17-1-2006 the

respondent sent a letter to the petitioner informing

him to receive the arrears of salary and other

benefits, but the petitioner did not comply with.

Hence, he prays for dismissal of the industrial

dispute.

4. No oral evidence was adduced on either side and

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

and Ex.R1 to Ex.R10 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?

294

LA GAZETTE DE L’ETAT

[10 May 2011

6. On the point:

The contention of the petitioner is that he was

working as Washingman from 1995 in the respondent

company to the utmost satisfaction of the company and

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 petitioner further

submitted that on 16-11-2005 the respondent

management informed him through a letter that his name

was deleted from the company records and by way of

letter, dated 1-12-2005, he was dismissed from service

with effect from 19-11-2005 and the respondent

management, without conducting any domestic enquiry,

have dismissed him from service, which is against the

labour law.

7. Per contra, the contention of the respondent is

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

onwards without applying any leave or prior intimation

and hence on 25-10-2005 they sent a letter advising the

petitioner to join duty on or before 31-10-2005 and the

petitioner received the said notice and joined duty on

31-10-2005 only and continued to be absent from 1-11-2005

and again on 16-11-2005 they sent a letter informing him

that he himself terminated his service voluntarily and

advising him to receive the emoluments due to him till

19-11-2005.

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

and joined duty on 31-10-2005 only and continued to

be absent from 1-11-2005. 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 the another letter, dated

16-11-2005 sent to the petitioner by the respondent

wherein they informed that since the petitioner has not

joined duty, his name has been deleted from the

company records and informed him to receive the

balance arrears of amount. Both Ex.R1 and Ex.R3 letters

have been received by the petitioner under

acknowledgment cards Ex.R2 and Ex.R4. From the

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

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.P7 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 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 join duty

on or before 31-10-2005 and since the petitioner has

joined duty only on 31-10-2005 and subsequently he

was absent, the respondent sent another letter Ex.R3,

dated 16-11-2005 informing the petitioner that his name

has been deleted from the company records.

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 requested the

respondent for his employment through a letter Ex.R7,

dated 9-1-2006, his request was refused by the

respondent vide his letter, dated 17-1-2006. 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

Engineering 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

295

10 May 2011]

LA GAZETTE DE L’ETAT

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

respondent. Therefore, considering the facts and

circumstances of the case, the petitioner is entitled for

reinstatement in service with continuity of service but

he is 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 petitioner : Nil

List of witnesses examined for the respondent : Nil

List of exhibits marked for the petitioner:

Ex.P1 — Letter, dated 16-11-2005 sent to the

petitioner.

Ex.P2 — Letter, dated 1-12-2005 sent to the

petitioner.

Ex.P3 — Copy of the letter, dated 29-12-2005 sent

by the petitioner to respondent.

Ex.P4 — Copy of the letter, dated 17-1-2006 sent to

the petitioner.

Ex.P5 — Copy of the letter, dated 23-2-2006 sent by

the petitioner to respondent.

Ex.P6 — Copy of the letter, dated 24-5-2006 sent by

the petitioner to Conciliation Officer.

Ex.P7 — Copy of the letter, dated 25-9-2007 sent to

the respondent.

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 — Letter, dated 16-11-2005 sent to the

petitioner.

Ex.R4 — Acknowledgment card.

Ex.R5 — Copy of the letter, dated 1-12-2005 sent to

the petitioner.

Ex.R6 — Acknowledgment card.

Ex.R7 — Letter, dated 9-1-2006 sent by the petitioner

to the respondent.

Ex.R8 — Copy of the letter sent to the petitioner,

dated 17-1-2006.

Ex.R9 — Acknowledgment card.

Ex.R10— Copy of the letter, dated 23-2-2006 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. 95/AIL/Lab./J/2011, dated 25th April 2011)

NOTIFICATION

Whereas, the Award in I. D. No. 35/2007, 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 J. Rajganesh 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).

296

LA GAZETTE DE L’ETAT

[10 May 2011

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. 35/2007

J. Rajganesh.

21, Puducherry Theru,

Sanarapet, Muthirapalayam,

Pondicherry

. .

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

Thiruvalargal 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.152/2007/Lab./AIL/J, dated 12-11-2007

for adjudicating the following :-

1. Whether the non-employment of Thiru J. Rajganesh

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 27-5-1999. 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 1-6-2006

and 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 dated 13-2-2006 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 principal 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 27-5-1999 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.

While the petitioner was on probation, he did not

evince any interest in his work. 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 dismissal of the

industrial dispute.

4. On the side of the petitioner, PW1 was examined

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

respondent. RW1 was examined and Ex.R1 and Ex.R2

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 PW1 and PW1 in

his evidence has deposed the said version and Ex.P1

to Ex.P4 were marked.

297

10 May 2011]

LA GAZETTE DE L’ETAT

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 had

abstained from work with effect from 7-2-2004 and he

did not apply for leave. In order to prove the same, the

Manager of the respondent company was examined as

RW1, who has stated the said facts and Ex.R1 and Ex.R2

were marked.

8. Heard both sides. Perused the case records. The

main contention of the petitioner is that he joined as

trainee in the respondent company and the action was

being taken by the management to place him as

probationer after take over by Acc Technology Group,

bonus was paid at 8.33 % by the new management

and also stopped other privileges and placing on

probation and he was not allowed inside the factory by

the security on 9-2-2004 without charges and not called

for any explanation from him. Per contra, the contention

of the respondent is that the petitioner was employed

as trainee/probationer till January 2004 and after

7-2-2004 he did not turn up for work continuously and

absented himself without any prior intimation or leave

and the management informed that in the interest of

administration, it had made alternate arrangements and

treated the petitioner abandoned his job on his own and

treated his case as “left”. But the respondent has not

produced any document to show that the petitioner had

abstained from work on his own or continuously

absented for a long time without any intimation. 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. RW1 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. 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.

10. 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 oral instruction

given by the respondent, the petitioner was dismissed

from service.

11. 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

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 unauthorised absent from 7-2-2004.

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. 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.

298

LA GAZETTE DE L’ETAT

[10 May 2011

12. 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:

PW1

— 25-3-2010 - Rajganesh

List of witnesses examined for the respondent :

RW1

— 23-9-2010 - P. Gnanagurupatham

List of exhibits marked for the petitioner:

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

the petitioner to the Conciliation Officer.

Ex.P2 — Letter, dated 13-9-2006 sent by the

respondent to Conciliation Officer.

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

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

List of exhibits marked for the respondent:

Ex.R1 — Copy of the letter, dated 27-11-2006 sent by

the petitioner to the Conciliation Officer.

Ex.R2 — Copy of the letter, dated 1-6-2006 sent by

the petitioner to the Conciliation Officer.

T. MOHANDASS,

II Additional District Judge,

Presiding Officer, Labour Court,

Pondicherry.

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 3818/CEO/KKL/E3(Exam.)/2010/1595.

Karaikal, the 18th April 2011.

NOTIFICATION

It is hereby notified that the original H.S.C.

Mark Certificate, under Register Number 696761, bearing

Serial No. AB 2508569 of March 1998 session in respect

of Parimala, R., an ex-pupil of Annai Theresa

Government Girls’ Higher Secondary School, Karaikal,

is reported to have been lost 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 Secretary, State Board

of Secondary Examinations, College Road, Chennai-6,

for cancellation, as it is no longer valid.

G. SUBRAMANIAN,

Chief Educational Officer.

————

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G..O.Ms. No. 18/DPAR-SSII(1), dated 26th April 2011)

NOTIFICATION

O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n ,

the following Superintendents shall retire from service

with effect from the afternoon of 30-4-2011.

1.

Thiru R. Parthasarathy, Superintendent,

Directorate of Accounts and Treasuries,

Puducherry.

2.

Thiru S. Balaguru, Superintendent,

Directorate of School Education, Puducherry.

[By order of the Special Secretary (Personnel)]

GIDDI MRUTHYUNJAYA DURGA RAO,

Under Secretary to Government (DP&AR).

————

GOVERNMENT OF PUDUCHERRY

DIRECTORATE OF SCHOOL EDUCATION

NO. C/236-244/EC/DSE/2011.

Puducherry, the 27th April 2011.

NOTIFICATION

It is hereby informed that the original computer Mark Certificates of Higher Secondary Examination of

the following candidates have been reported to be lost beyond the scope of recovery and necessary steps

have been taken to issue duplicate certificates to the candidates. If any one finds the original Mark

Certificates, they may be sent to the Secretary, State Board of Secondary Examinations, College Road,

Chennai – 600 006, for cancellation as they are no longer valid.