329

24 May 2011]

LA GAZETTE DE L’ETAT

wherein the Hon'ble Apex Court has decided that if the

appointment is not made through examination or

interview before regular appointment the apprentice

cannot claim any regular employment as a matter of

right and the same view has been reiterated

in the “Hindustan Aeronautics Ltd, vs. Dan Bhadur

Singh and Others - 2007 LLR 1229 SC”. Though the

petitioner admittedly has not produced any documents

to show that he has been employed by the respondent

on regular basis after the completion of the

apprenticeship he has been permitted to work directly

under the surveillance and control of the respondent

management. As such, the contention that the

petitioner was not employed by the respondent

management does not hold water as the burden has been

shifted to it to prove otherwise.

9. In view of the above discussion, this point is

answered to the effect that the petitioner is entitled for

reinstatement. With regard to the claim of backwages

the petitioner cannot claim it as he has not contributed

any services and the backwages cannot be automatic.

Therefore the petitioner is entitled for reinstatement

with continuity of service without any backwages or

any other detrimental benefits.

10. In view of the above discussion, this point is

answered to the effect that the petitioner is entitled for

reinstatement with continuity of service from the date

of this order without any backwages or any other

pecuniary benefits.

11. In the result, the petition is allowed and the

petitioner is entitled for reinstatement from the date of

this order without any backwages or any other

pecuniary benefits.

Dictated to the Stenographer, transcribed by him,

corrected and pronounced by me in the open court on

this the 17th day of December 2010.

R. MARGARET ROSALINE,

Presiding Officer, Labour Court.

Karaikal.

————

Petitioner’s witnesses:

PW1 — Sivakumar

Respondent’s witnesses :

RW1 — Sivakumar

Petitioner’s exhibits :

Ex.P1

7-9-2001

Service

certificate

of

the

petitioner

Ex.P2

7-9-2001 Office Order

Ex.P3

—

Maintenance requisition

Ex.P4

19-7-2004 Nozzle area log of respondent

company.

Ex.P5

1-10-2003 Vessel entry and box up permit

of respondent company.

Ex.P6

29-9-2003 Vessel entry and box up permit

of respondent company.

Ex.P7

7-2-2004

Vessel entry and box up

permit of respondent company.

Ex.P8

14-2-2004 Safety permit Class I -Enzyme

system of the respondent

company.

Ex.P9

1-3-2004

Safety permit Class I -Enzyme

system of the respondent

company.

Ex.P10

9-9-2003

Safety permit Class I-Enzyme

system of the respondent

company.

Ex.P11

26-7-2003

Safety permit Class I-Enzyme

system of the respondent

company.

Ex.P12

26-7-2004

Safety permit Class I -Enzyme

system of the respondent

company.

Ex.P13

9-8-2004

Safety permit Class I -Enzyme

system of the respondent

company.

Ex.P14

16-8-2004

Safety permit Class I -Enzyme

system of the respondent

company.

Ex.P15

3-11-2004

Xerox copy of the letter addressed

by the petitioner to the

Labour Welfare Officer,

Karaikal.

Respondent’s exhibits :

Ex.R1

12-8-2009 Authorisation letter of the

respondent company

Ex.R2

13-6-2005

Letter

addressed

by

the

respondent

company

to

Abhiraami Services (P) Limited.

Ex.R3

15-6-2006 Letter addressed by Abhiraami

Services (P) Limited, to the

respondent company.

R. MARGARET ROSALINE,

Presiding Officer, Labour Court.

Karaikal.

GOVERNMENT OF PUDUCHERRY

FINANCE DEPARTMENT

(G.O. Ms. No. 28/F2/2011, dated 10th May 2011)

NOTIFICATION

Whereas the Ministry of Finance, Department of

Revenue, Government of India have framed the National

e-Government Plan (NeGP) and the Commercial Taxes

Mission Mode Program (hereinafter referred to as the

330

LA GAZETTE DE L’ETAT

[24 May 2011

CTMMP) for modernising indirect tax administration and

the CTMMP Scheme envisages e-services supported by

Information Technology for providing improved service

delivery through computerisation of Commercial Taxes

to all stake holders and one of the targeted services is

introduction of e-payment of Commercial Taxes;

2. And, whereas the Ministry of Finance, Department

of Revenue, Government of India, New Delhi have also

issued guidelines vide letter No.F.31/12/2008-SO(ST),

dated 17th March 2010 for providing e-payment of taxes,

at least through five Public Sector Banks in each of the

States/Union Territories and the Reserve Bank of India

has also agreed to grant necessary accreditation for the

Public Sector Banks specified by the Government for

receiving tax revenues to be credited to the Consolidated Fund

of the respective Government, vide their letter No. DGBA.

GAD.No.H-l0069/31-5-2001/2009-10, dated 23rd June 2010;

3. Now, therefore, in exercise of the powers conferred

by rule 67 of the Puducherry Value Added Tax Rules, 2007,

the Lieutenant-Governor, Puducherry has been pleased

to direct that the tax revenue, fees and any other amount

required to be paid to the Commercial Taxes Department

in the Union territory of Puducherry may also be paid

by e-payment mode through the Public Sector Banks

mentioned in paragraph 4 of this order and the

Commissioner of Commercial Taxes shall notify the

applicability of e-payment mode to any person or any

dealer or class of dealers or in relation to any goods from

time to time.

4. Further, in exercise of the powers conferred by

clause (e) of sub-section (1) of section 2 of the

Information Technology Act, 2000 (Central Act 21 of 2000)

read with rule 2 of the Consolidated Fund of the

Union Territory of Puducherry Rules, 1963, the

Lieutenant-Governor, Puducherry has been pleased to

appoint the following Public Sector Banks for

realising the tax revenue, fees and any other amount

pertaining to the Commercial Taxes Department,

Government of Puducherry through e-payment, namely:-

(a) State Bank of India

(b) Syndicate Bank

(c) Indian Overseas Bank

(d) IDBI Bank

(e) Indian Bank

(f) Bank of Baroda

5. Payment made through e-payment mode shall be

valid subject to receipt of funds from the respective

Banks, duly debiting the amount from the account of the

dealer/person and the receipt issued through the system

mentioning the Web Reference No. and Transaction I. D.

of the Bank shall be a valid proof for the discharge of

the liability by the respective assessee/ dealer/person

making the payment subject to the condition that the

assessee/dealer/person once opted to make payment

under e-payment module, they shall not be permitted to

use any other mode for making payment thereafter.

(By order of the Lieutenant-Governor)

M. GUNASEGARAN,

Under Secretary to Government.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 97/AIL/Lab./J/2011, dated 10th May 2011)

NOTIFICATION

Whereas, the Government is of the opinion

that an industrial dispute has arisen between

M / s . A b i r a m i So a p Wo r k s , P u d u c h e r r y a n d

Thiru J. Murugadass over non-employment in respect

of the matter mentioned in the Annexure to this order;

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 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) Whether the dispute raised by Thiru J. Murugadass

against the management of M/s. Abirami Soap

Works, Puducherry over non-employment is

justified or not?

(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).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 98/AIL/Lab./J/2011, dated 10th May 2011)

NOTIFICATION

Whereas the Government is of the opinion

that an industrial dispute has arisen between

M/s. Shasun Chemicals and Drugs Limited, Kalapet

331

24 May 2011]

LA GAZETTE DE L’ETAT

and Thiru M. Arumugam over non-employment in

respect of the matter mentioned in the Annexure to

this order;

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)

Whether

t h e

d i s p u t e

r a i s e d

b y

Thiru M. Arumugam against the management of

M/s. Shasun Chemicals and Drugs Limited, Kalapet

over non-employment is justified or not?

(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).

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (EDUCATION)

(G. O. Ms. No. 43, dated 11th May 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 ,

Dr. S. Mohamed Farook, Associate Professor of Chemistry

in Arignar Anna Government Arts College, Karaikal, is

admitted into retirement with effect from the afternoon

of 30-4-2011.

(By order)

L. MOHAMED MANSOOR,

Joint Secretary to Government (Education).

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (EDUCATION)

(G. O. Ms. No. 44, dated 11th May 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 ,

Tmt. Mercy Chummar, Associate Professor of Physics

in the Bharathidasan Government College for Women,

Puducherry, is admitted into retirement with effect from

the afternoon of 31-5-2011.

(By order)

L. MOHAMED MANSOOR,

Joint Secretary to Government (Education).

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (AGRICULTURE AND FOREST)

(G. O. Ms. No. 4/Ag., dated 12th May 2011)

NOTIFICATION

Thiru

G. Namasivayam,

Deputy

Director

of

Agriculture, Office of the Additional Director of

Agriculture (LUP & QC), Thattanchavady, Puducherry,

has been admitted into retirement on superannuation

with effect from the afternoon of 31-5-2011.

(By order)

V. MANICKASAMY,

Under Secretary to Government

(Agriculture and Forests).

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (EDUCATION-I)

(G. O. Ms. No. 47, dated 17th May 2011 )

NOTIFICATION

On attaining the age of superannuation , Dr. J. Martin

Selvaraj, Associate Professor of Sociology, Tagore Arts

College, Puducherry, is admitted into retirement with effect

from the afternoon of 31-5-2011.

(By order)

M. GUNASEKARAN,

Under Secretary to Government (Education).

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (EDUCATION-I)

(G. O. Ms. No. 48, dated 17th May 2011 )

NOTIFICATION

On attaining the age of superannuation , Tmt. Ernestine

Eulalie Marie, Associate Professor of French,

Kanchi Mamunivar Centre for Postgraduate Studies,

Puducherry is admitted into retirement with effect from

the afternoon of 31-5-2011.

(By order)

M. GUNASEKARAN,

Under Secretary to Government (Education).