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).