450

LA GAZETTE DE L’ETAT

[7 May 2013

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 55/Lab./AIL/J/2013, dated 16th April 2013)

NOTIFICATION

Whereas, an award in I.D. No.44/2012, dated 2-1-2013 of

the Labour Court, Puducherry in respect of the industrial

dispute between the Bharathiyar College of Engineering

and Technology Non-Teaching Staff Union, Karaikal

and the management of M/s. Bharathiyar College of

Engineering and Technology, Karaikal over withdrawal

of customary concession/privilege of providing canteen

facilities to the workers 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 )

S. THAMMU GANAPATHY,

Under Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PUDUCHERRY

Present : Thiru T. MOHANDASS, M.A., M.L.,

Presiding Officer, Labour Court.

Wednesday, the 2nd day of January 2013

I.D. No. 44/2012

Bharathiyar College of Engineering and

Technology Non-Teaching Staff Union,

Gnanajothi Illam, 4th Lane,

Kuthulampet Road,

Senior Kulam Street, Karaikal.

. . Petitioner

Versus

The Management,

Bharathiyar College of Engineering

and Technology,

Karaikal.

. . Respondent

This industrial dispute coming on 12-12-2012 before

me for final hearing before me in the presence of

Thiru V. Govindassamy, Advocate for the petitioner,

Thiruvalargal L. Swaminathan and M. Muruganandam,

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 Government of Puducherry, vide G.O. Rt.

No. 160/AIL/Lab./J/2008 dated 3-12-2008 of the Labour

Department, Puducherry to resolve the following

dispute between the petitioner and the respondent, viz.,

(1) Whether the dispute raised by Bharathiyar

College of Engineering and Technology Non-

Teaching Staff Union, Karaikal against the

management of Bharathiyar College of Engineering

and Technology, Karaikal over withdrawal of

customary concession/privilege of providing canteen

facilities to the workers is justified or not?

(2) If justified, what relief, they are entitled to?

2. The petitioner in his petition has stated as

follows:-

The respondent management is an educational

institution. The respondent management employed

about 160 workers. The respondent management not

paying appropriate wages to their employees. Since

the service conditions of the employment were very

poor and the grievances of the workers were not

redressed by the management, the workers formed

themselves into a union on 8-3-2007.

On 12-9-2006, the union placed a charter of

demands relating to wage revision and other

demands before the respondent management.

Since the respondent did not agreed to any of the

demands, the union raised an industrial dispute before

the Conciliation Officer, Karaikal. The conciliation

proceedings was commenced but the management did

not come forward to settle the matter before the

Conciliation Officer.

From the beginning of the college, the entire

Non-Teaching Staff were provided with free meals,

tiffin, tea etc., by the management. This concession

includes in service conditions of the employment,

which were specified in the fourth schedule of the

Industrial Disputes Act, 1947. The management without

any prior notice suddenly stopped the facilities

through a circular, dated 9-7-2007 stating that the

food, breakfast and beverages were given free of

cost to non-teaching staffs will not be available from

11-7-2007 and the same may be availed on payment basis

from that date. Section 9-A of the Industrial Disputes

Act, 1947 states that any facility that was offered to

the workers should not be altered without consulting

the petitioner. Furthermore section 9-A requires 21

days prior notice before altering the service

conditions. The management did not give any prior

notice, which is contrary to section 9-A of the

Industrial Disputes Act.

451

7 May 2013]

LA GAZETTE DE L’ETAT

All the workers belong to poor family and the

stopping of free food is very much affected them.

The union members are getting less than the

minimum wage. Hence, they are not able to pay for

the food available in the canteen. Hence, the present

industrial dispute is filed.

3. The respondent in his counter has stated as

follows:-

During the academic year 2006-2007, it was the

administrative decision of the management that the

entire students getting admitted and studying in

Bharathiar College of Engineering and Technology,

Karaikal (whether day scholar or hostel students) to

compulsorily have food in the college and necessary

charges were collected from the students while they

are getting admitted in the college. The payments

made by the students for having food in the college

is utilised as a gesture by the management of the

respondent college to permit the staff members and

employees of the petitioner union to have free food

at the cost of the students money. While this being

the factual situation, the members of the petitioner

union taking for granted that the concession of free

food provided to them as a customary privilege is

highly ridiculous, unethical and raising an industrial

dispute. To continue the free food facility is

whimsical and cannot be entertained even remotely.

It is the policy decision of the management of the

respondent college to do away with the system of

having compulsory food in the college for the

students for the academic year 2007-2008, as many

parents of the day scholar students have stated to the

administration that they want their wards to have

their food in their home. As the motto of the

respondent college is only to impart quality

education, forcing the students to have compulsory

food in the respondent college had resulted in bitter

experiences and understanding the necessity of

delivery of quality output, a circular, dated 9-7-2007

was displayed by the order of Chairman of the

respondent college that “Canteen facilities will be

available for the staff and students on payment of

charges displayed in the dining hall and lunch will be

served only for the hostel students henceforth”.

Thus it could be clearly seen that the respondent

college which is surviving at the cost of the students

money had taken a cautious and thoughtful decision

not to compel the students to have food in the

college.

When the hostel students alone are permitted to

have food in the respondent college on payment of

cost, expecting free food in the canteen at the cost of

the students by members of the petitioner union is

highly condemnable, as no such clause has been

stipulated in the appointment order of the members of

the petitioner union.

Without understanding the provisions of section 9-A

of Industrial Disputes Act, 1947 treating the free food

provided during the academic year 2006-2007 to the

members of the petitioner union as a privilege, the

members of the petitioner union are under the

mistaken notion that a notice should be issued to the

petitioner union for withdrawing the concession of

free food. Section 9-A of Industrial Disputes Act, 1947

contemplates that the notice should be given only if

there is a vested right which is withdrawn without

notice and in the instant case providing free food is

only a concession extended at the cost of the

students and the same cannot be claimed as a vested

right by the members of the petitioner union. Hence,

they pray for dismissal of the industrial dispute.

4. On the side of the petitioner, PW.1 was examined

and Ex.P1 to Ex.P7 were marked. No oral or documentary

evidence was adduced on the side of the respondent.

5. The point for consideration is:

Whether the industrial dispute can be allowed?

6. On this point :

The contention of the petitioner is that the members

of the Bharathiyar College Non-teaching Staff Union

were provided with free meal, tiffin and tea in the

students mess by the respondent management and it is

a customary practice which cannot be withdrawn

without notice to the petitioner’s union and the

respondent management without any prior notice had

suddenly stopped this facility through a circular,

dated 9-7-2007 stating that the food, tea, coffee will not

be available from 11-7-2007 to all the staff members (both

teaching and non-teaching) of the college and only

canteen facility will be available in the college campus

for staff and students on payment of charges and

aggrieved against the circular, dated 9-7-2007, the

petitioner contends that the respondent management

had violated section 9 A of the Industrial Disputes

Act, 1947 and their service conditions are altered

without notice. In order to prove his case, he relied upon

the following decisions:-

Civil Appeal No. 377 of 1970, date 24-7-1975:

Management of Indian Oil Corporation Limited

and its Workmen:-

“Industrial Disputes Act, 1947 - Section 9A -

Payment of compensatory allowance by Indian Oil

Corporation - Whether an implied condition of

service - Whether unilateral cancellation by

management tenable - Held, grant of compensatory

allowance, an implied term of service - Further held,

unilateral withdrawal of employer would adversely

affect the interests of workers - Compensatory

allowance, in the circumstances, held was not paid in

substitute of house rent allowance.”

452

LA GAZETTE DE L’ETAT

[7 May 2013

C.A. Nos. 3247-48/1993, dated 26-8-1993 (S.C.)

Calcutta Electric Supply Corporation Limited,

Versus Calcutta Electric Supply Workers’ Union and

others :-

“Employees State Insurance Act, 1948 - Section 72 -

Regulations under the Act - Reg. 97 - Industrial

Disputes Act, 1947 Section 9-A - Medical benefits

available to workmen of the appellant Corporation as

part of service conditions - Withdrawal of such

benefits on the ground that workmen governed by

ESI scheme is impermissible.”

7. In order to prove the claim of the petitioner, the

President of the union by name Manickam was examined

as PW1. PW.1 in his evidence has deposed as stated in

the claim statement and marked Ex.P1 to Ex.P7. Ex.P1 is

the copy of the circular. A perusal of Ex.P1 reveals that

the respondent management issued a circular on 9-7-2007

informing that providing food, tea, coffee to all the staff

members will be stopped. Ex.P2 and Ex.P3 are the copy

of the letter sent to the Labour Officer, complaining

about stopping of free food to the staff members by the

respondent. Ex.P4 is the copy of the notice of enquiry

sent by the Labour Officer to the petitioner and the

respondent, fixing the conciliation on 23-8-2007. Ex.P5 is

the copy of the reply submitted to the Labour Officer.

Ex.P6 is the copy of the failure report. Ex.P7 is the copy

of the notification.

8. Per contra, the contention of the respondent

management is that individual order of appointment

issued to the staff members and more-so the members of

the petitioner union would clearly explain the factum of

reality that there exist no clause in the appointment

order that the members of the petitioner union will be

provided with free canteen facilities and further during

the academic year 2006-2007, it was the administrative

decision of the management that the entire students

getting admitted and studying in the college (whether

day scholar or hostel students) to have compulsorily

food in the college and necessary charges were

collected from the students while they are getting

admitted in the college and the food prepared for the

students at the college mess at their cost were extended

to the non-teaching staff also which cannot be

construed as a service condition.

9. In order to support his claim, the learned counsel

for the respondent relied upon the decision rendered in

Voltas Switchgear Plant Employees’ Union Versus Voltas

Switchgear Limited reported in 2001 L.L.R 373, wherein

it is held as follows:-

“The industrial court has rightly reached to the

conclusion that fixing new rates to be charged,

cannot be said to be within the purview of the

canteen managing committee constituted or to be

constituted under rule 84 of the rules. No fault with

the finding recorded in this behalf can be found.

The industrial court also recorded a finding that

fixing of rates of canteen items, cannot be the

condition of service under section 90A of the

Industrial Disputes Act, 1947 and consequently the

canteen facility and fixing new rates to be charged

cannot be said to be the condition of service. The

said finding of the industrial court is based on the

judgment of this court in the case of Blue Star

Workers’ Union Versus Blue Star Limited, 1990-II, CLR

258, wherein the learned single judge of this court has

categorically held that “Canteen facility and the rates

to be charged for food items is not a condition of

service.”. No case is made out by the petitioner/union

to depart from the view in the field since 1990 in the

matter of Blue Star Workers’ Union.

10. According to PW.1, providing of free meal, tiffin

and tea in the students mess by the respondent

management is a customary practice which cannot be

withdrawn without notice to the petitioner union under

section 9-A of Industrial Disputes Act. But PW.1 in his

cross-examination has stated that there is no

memorandum of settlement between the petitioner's

union and the respondent management with regard to

providing of free meal, tiffin and tea under section 12(3)

of Industrial Disputes Act. The relevant portion of his

evidence runs as follows:-

“..... ÷Èkƒ cð° kw∫zk>uÔVÔ g>V´D

>VkVs_ >V¬Ô_ ÿƒFB©√¶s_ÁÈ. RMB–¬zD

Ô_Ÿˆ¬zD ƒ‚¶©∏ˆ° 12 (3) ®[√ÁkÔπ_ ®Õ>

Œ©√Õ>xD ÷_ÁÈ. √Ë ƒD√Õ>©√‚¶ W√Õ>Á™Ô^

®Á>•D ÂV[ kw¬˛_ >V¬Ô_ ÿƒFBs_ÁÈ. ...”.

PW.1 in his cross-examination has also stated that the

mess facilities are provided only for the hostel students

on payment of mess fees and the free food has been

provided to the members of the petitioner's union from

the mess of the hostel student. The relevant portion of

his evidence runs as follows:-

“..... ®]Ï\–>V´Ï Ô_Ÿˆl_ ÿkπ\VWÈ›]KD

÷ÚÕmD \VðkÏÔ^ √Ω¬˛≈VÏÔ^ ®[≈V_ ∂m ƒˆ>V[.

Ô_ŸˆlK^·

\VðkÏÔ^

ƒV©∏‚|

kÕ>

ÿ\¸LoÚÕm >V[ ®∫Ô”¬z cð° kw∫Ô©√‚¶m

®[≈V_ ∂m ƒˆ>V[.

RMB–¬z ®[Æ >M©√‚¶ cðkÔD ˛Á¶BVm.

\VðkÏÔ^

√ðD

Ô‚Ω>V[

cðkÔ›]_

ƒV©∏|˛≈VÏÔ^ ®[≈V_ ∂m ƒˆ>V[....”

11. It is true that section 9-A of Industrial Dispute

Act, 1947 contemplates that the notice should be given

if there is a vested right which is withdrawn without

notice. But in the instant case, providing free food is

only at the cost of the students and the same cannot be

claimed as a vested right by the members of the

petitioner’s union. Therefore the contention of the

453

7 May 2013]

LA GAZETTE DE L’ETAT

petitioner union that free food provided in the students’

mess by the respondent management is not a condition

of service which should not be withdrawn does not

sound merit. In the absence of any memorandum of

settlement or any clause in the appointment order to this

effect, the members of the petitioner’s union cannot

claim free food as a service condition and there exists

no infirmity in the circular, dated 9-7-2007 issued by the

respondent college and hence invoking section 9A of

the Industrial Disputes Act does not arise to the facts

of the present industrial dispute. Accordingly, this point

is answered.

12. In the result, the industrial dispute is dismissed

and the petitioner union is not entitled to get the cash

compensation of ` 60 per day per employee in lieu of

free food and tea, etc., from 11-7-2007 and also not

entitled to set aside the circular, dated 9-7-2007 relating

to withdrawal of concession. No costs.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 2nd day of January, 2013.

T. MOHANDASS,

Presiding Officer,

Labour Court, Puducherry.

————

List of petitioner’s witness:

PW.1 —

12-11-2010 — Manickam

List of petitioner’s exhibits:

Ex.P1 — Copy of the circular, dated 9-7-2007

Ex.P2 — Copy of the complaint sent by the

petitioner union to the Labour Officer,

dated 11-7-2007.

Ex.P3 — Copy of the complaint sent by the

petitioner union to the Labour Officer,

dated 11-7-2007.

Ex.P4 — Copy of notice of enquiry, dated 14-8-2007

sent to the petitioner and respondent.

Ex.P5 — Copy of the reply, dated 10-9-2007 sent to

Labour Officer by respondent.

Ex.P6 — Copy of failure report, dated 16-9-2008

Ex.P7 — Copy of the gazette notification,

dated 3-12-2008.

List of respondent’s witnesses: Nil

List of respondent’s exhibits: Nil

T. MOHANDASS,

Presiding Officer,

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 56/Lab./AIL/J/2013, dated 18th April 2013)

NOTIFICATION

Whereas, the award in I. D. No. 25/2012, dated 21-12-2012 of

the Labour Court, Puducherry in respect of the industrial

dispute between the Managing Director, Hindustan

Unilever Limited, Personal Products Factory,

Puducherry and one Thiru P. Gunasegaran, 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 )

S. THAMMU GANAPATHY,

Under Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PUDUCHERRY

Present : Thiru T. MOHANDASS, M.A., M.L.,

Presiding Officer.

Dated, the 21st day of December 2012.

I.D. No. 25/2012

P. Gunasegaran

. .

Petitioner

Versus

The Managing Director,

M/s. Hindustan Unilever Limited,

Personal Products Factory,

Puducherry.

. .

Respondent

This petition coming on this day for hearing before

me in the presence of Thiru B. Mohandass, Advocate for

the petitioner and Thiru L. Sathish, Advocate for the

respondent and upon persuing the case records, this

court made the following :

ORDER

This industrial dispute arises out of the reference

made by the Government under section 10 (1) (e) of the

Industrial Disputes Act in G.O. Rt. No. 125/AIL/Lab./J/2012,

dated 20-7-2012.

2. Today this petition was called. Claim statement not

filed. Hence this reference is closed. No costs.

454

LA GAZETTE DE L’ETAT

[7 May 2013

Written and pronounced by me in the open court on

this the 21st of December 2012.

T. MOHANDASS,

Presiding Officer,

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 57/Lab./AIL/J/2013, dated 18th April 2013)

NOTIFICATION

Whereas, an award in I.D. No. 4/2008, dated 17-1-2013

of the Labour Court, Puducherry in respect of the

industrial dispute between the Managing Director,

ESSEM Technologies (P) Limited, Puducherry and one

Tmt. R. Varalakshmi 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)

S. THAMMU GANAPATHY,

Under Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PUDUCHERRY

Present : Thiru T. MOHANDASS, M.A., M.L.,

Presiding Officer, Labour Court,

Puducherry.

Thursday, the 17th day of January 2013

I.D. No. 4/2008

R. Varalakshmi,

44, Society Street, Kothapurinatham,

Periyababu Samuthiram Post,

Puducherry

. . Petitioner

Versus

The Managing Director,

ESSEM Technologies (P) Limited,

Mannadipet, Commune, Puducherry . . Respondent

This industrial dispute coming on 11-1-2013

for final hearing before me in the presence of

Mrs. Vrintha Mohan, Advocate for the petitioner,

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 Government of Puducherry, vide G.O. Rt.

No. 16/2008/Lab./AIL/J, dated 11-2-2008 of the

Labour Department, Pondicherry to resolve the

following dispute between the petitioner and the

respondent, viz.,

(1) Whether the dispute raised by Tmt. R. Varalakshmi,

W/o. Rajaram, Puducherry against the management

of M/s. ESSEM Technologies Private Limited,

Puducherry over non-employment is justified or

not?

(2) To what relief, she 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 her petition has stated as

follows:

The petitioner was a permanent employee with

the respondent in the capacity of operator packing

division from 5th March 1998. The petitioner

became pregnant and the same was informed to the

management through proper channel and as such

the petitioner has applied and availed leave with

the permission of management from 11-8-2005 to

31-1-2006. She had obtained a maternity

benefits certificate, dated 8-9-2005 from the

E.S.I. Dispensary, Thirubuvanai, Puducherry and

produced the same before the management for

availing maternal benefits in addition to her leave.

Since the health of the petitioner was deteriorated

with severe post-maternal complaints and that

since she has underwent family planning operation

and the surgical wound has got infected, the

petitioner had once again started taking higher

treatment with Dr. Balasoupramanian, who has

advised her to take complete rest from 1-12-2005

to 31-1-2006 and all the medical certificates along

with the leave letters were periodically dispatched

to the management through the petitioner's

husband, which was accepted by the respondent

every now and then without any protest. When she

reported for duty on 1-2-2006 at 9.00 hours, she

was pushed out forcibly by the company security.

Then the services of the petitioner were fancifully

terminated from the afternoon hours of 1-2-2006

itself. Hence, she approached the Labour Officer,

raising an industrial dispute and the said

conciliation entered in failure.

455

7 May 2013]

LA GAZETTE DE L’ETAT

The respondent management has not followed

a n y o f t h e p r i n c i p l e s l a i d d o w n b y t h e

labour welfare legislations/model standing orders/

The principles of natural justice in sacking out the

respondent from the employment. Hence, the

present industrial dispute is filed for her

reinstatement and other benefits.

3. The respondent in his counter has stated as

follows:

The petitioner was irregular in attending her

duties and that too without applying for leave in

advance, but used to join in duty by producing

some false medical certificate to sustain her

unauthorised leave/absence already availed. The

petitioner used to become pregnant and availed

leave or absence from duty very often and

produced false medical certificate. She was asked

to produce proper medical certificate from the

competent medical person only. The petitioner

failed to produce the medical certificates for her

absence from work and stayed away voluntarily.

She was not denied any work or terminated from

services. Without attending duty on production of

medical certificate for more than eight months, she

has chosen to file a petition before the

Conciliation Officer as if she was terminated from

service and sought reinstatement with back wages.

Hence, they pray for dismissal of the industiral

dispute.

4. On the side of the petitioner, PW.1 was examined

and Ex.P1 to Ex.P17 were marked. On the side of the

respondent, RW.1 to RW.4 were examined and Ex.R1

to Ex.R14 were marked.

5. The point for consideration is:

Whether the industrial dispute can be allowed?

6. On this point:

The contention of the petitioner is that she was a

permanent employee with the respondent in the

capacity of operator packing division from 5th March

1998 and when she became pregnant, she applied

leave with the permission of the management

from 11-8-2005 to 31-1-2006 and she had obtained a

maternity benefits certificate, dated 8-9-2005 from the

ESI Dispensary, Thirubuvanai, Puducherry and

produced the same before the management for

availing maternal benefits in addition to her leave and

since the health of the petitioner was deteriorated

with severe post-maternal complaints and that since

she has underwent family planning operation and the

surgical wound has got infected, the petitioner had

once again started taking higher treatment with

Dr. Balasoupramanian, who has advised her to take

complete rest from 1-12-2005 to 31-1-2006 and all the

medical certificates along with the leave letters were

periodically dispatched to the management through

the petitioner's husband, which was accepted by the

respondent every now and then without any protest

and when she reported for duty on 1-2-2006 at 9.00 hours,

she was pushed out forcibly by the company security

and then the services of the petitioner were fancifully

terminated from the afternoon hours of 1-2-2006

itself. In order to prove her case, she examined

herself as PW.1 and marked Ex.P1 to Ex.P17.

7. Per contra, the contention of the respondent

is that the petitioner was irregular in attending her

duties and that too without applying for leave in

advance, but used to join in duty by producing some

false medical certificate to sustain her unauthorised

leave/absence already availed and she used to

become pregnant and availed leave or absence from

duty very often and produced false medical certificate

and she was asked to produce proper medical

certificate from the competent medical person only

and she failed to produce the medical certificates for

her absence from work and stayed away voluntarily.

In order to support the said claim, the Managing

Director of respondent company was examined as

RW.1. RW.1 in his evidence has further stated that in

their company, the employees and other staff are

supposed to submit leave in the prescribed form

before availing leave and leave on medical grounds

should be accompanied by the required medical

certificate.

8. In order to prove the said aspect, RW.1 has

marked the copy of the leave letter applied by PW.1

from 12-5-2003 to 13-7-2003 and Ex.R2 is the medical

certificate produced by the petitioner for the said

leave period. Further on the side of the respondent,

the staff of the respondent management was

examined as RW.3. RW.3 in his evidence has deposed

that the employees and other staff are supposed to

submit leave in the prescribed form before availing

leave and leave on medical grounds should be

accompanied by the required medical certificate.

Ex.R3 is the leave applied in a prescribed leave form

from 7-7-2005 to 21-7-2005 with medical certificate

under Ex.R4 and Ex.R5 is his Joining Report. RW.1 has

also marked leave applied by one lyyappan from

28-8-2006 to 11-9-2006 in a prescribed form as Ex.R6.

A perusal of Ex.R1 to Ex.R6 reveals that in the

respondent company, there is a prescribed format for

applying leave and the employees had been

submitting the leave in the prescribed form before

availing leave and leave on medical grounds has been

accompanied by the required medical certificate.

456

LA GAZETTE DE L’ETAT

[7 May 2013

9. According to the respondent, the petitioner was

irregular in attending her duties and that too without

applying for leave in advance. It is the duty of the

petitioner to produce the relevant documents to

disprove the contention of the respondent. But no

documents viz., copy of the leave application, medical

certificate, joining report etc., were produced to prove

that she applied the medical leave well in advance and

got sanctioned.

10. PW.1 in her evidence has deposed that she had

obtained a maternity benefits certificate, dated 8-9-2005

from the E.S.I. Dispensary, Thirubuvanai, Puducherry

and produced the same before the management for

availing maternal benefits in addition to her leave and

since her health was deteriorated with severe post-

maternal complaints and that since she has

underwent family planning operation and the surgical

wound has got infected, she had once again started

taking higher treatment with Dr. Balasoupramanian,

who has advised her to take complete rest from 1-12-2005

to 31-1-2006 and all the medical certificates along with

the leave letters were periodically dispatched to the

management through the petitioner’s husband, which

was accepted by the respondent every now and then

without any protest.

11. But on the side of the respondent, the extract

from the register for entry of workman (both 'in' and

'out') maintained by security officials of the

respondent company for the period from 1-1-2006

to 31-3-2006, 4-9-2004 to 31-12-2005 and 1-1-2006 to

31-3-2007 as Ex.R6, Ex.R12 and Ex.R13 respectively to

disprove the said contention. A perusal of these

documents reveals that nowhere in the said

documents, it is mentioned that the husband of the

petitioner visited the respondent company, as alleged

by PW.1. Hence, this court has come to the

conclusion that the petitioner has taken leave for the

period from 11-8-2005 to 31-1-2006 without informing

to the respondent management well in advance and

got sanctioned.

12. On the side of the petitioner, PW.1 has marked

copy of the discharge slips issued by Government

Maternity Hospital, Puducherry as Ex.P7 and Ex.P10

and the copy of the claim for maternity benefit as

Ex.P11 and the copy of the medical certificate issued

by Dr. Balasoupramanian, Certh India Hospital,

Puducherry as Ex.P12. A perusal of Ex.P7 reveals that

the petitioner was admitted in the Government

Maternity Hospital from 2-1-2004 to 4-1-2004. As per

Ex.P10, she was admitted in the said hospital from

8-9-2005 to 19-9-2005. A perusal of Ex.P11 reveals that

the petitioner was admitted in the E.S.I. Dispensary,

Thirubuvanai from 8-9-2005 to 19-9-2005 and she has

received the maternity benefits from 8-9-2005 to

30-11-2005. As per Ex.P12, the petitioner has been

treatment under Dr. Balasoupramanian from 1-12-2005 to

31-1-2006 and the said doctor advised that the

petitioner is fit to resume her duty from 1-2-2006.

From the above documents, it can be seen that

from 2-1-2004 to 31-1-2006, the petitioner was under

treatment in the various hospitals. Though the

petitioner has established that she was under

treatment from 2-1-2004 to 31-1-2006, as an employee,

it is her duty to submit the leave application well in

advance and got sanctioned. As already stated, the

petitioner has failed to establish that she has applied

the medical leave well in advance and got sanctioned.

13. The respondent has set up his case that it is

admitted that the petitioner was an employee under

them, but since she has absented herself from 11-7-2005

without any notice or information or legal sanctioned

leave, it will be presumed that she has abandoned the

employment. It is pertinent to refer the following

decisions, which are relevant to this case:-

2002(4) L.L.N. 850

State of Uttar Pradesh Versus Presiding Officer,

Labour Court, Agra and Another:

“Abandonment of service - Even in the case

of alleged abandonment, it is necessary for

employer to conduct an enquiry, issue a charge

sheet and notice to the workman concerned

informing him that he is continuously absenting

without any sanctioned leave - Admittedly this

having not been done in this case the plea of

employer about abandonment of service by

workman not tenable”.

1988 1 LLN. Page 259

Gaurishankar Vishwakarma Versus Egle Spring

Industries (P) Limited and Others:

“Industrial dispute - Practice and procedure-

Non-employment of workman-Case of employer is

that workman has abandoned service-Even in

case of abandonment of service employer has to

give notice to workman and hold an enquiry-It is

for employer to prove such abandonment-Labour

Court expected to follow judicial procedure should

not depend on unverified statements to come to

conclusion that it was workman who had refused

to resume work”.

14. Admittedly, the respondent has not given any

notice to the petitioner either calling upon her to

resume the duty or asking her to show cause as to

why her services should not be terminated for her

failure to resume her duties. No wonder, therefore,

that there was no enquiry held before the termination

of her service. The case of the respondent is that the

petitioner had voluntarily stayed away from attending

duty and it is up to her to report to duty after

submitting proper medical certificates explaining her

absence with justification for the same. It is difficult

to accept this case. It is now well settled that even

457

7 May 2013]

LA GAZETTE DE L’ETAT

in the case of the abandonment of service, the

employer has to give a notice to the workman, calling

upon him to resume his duty and also to hold an

enquiry before terminating his service on that ground.

In the present case, the respondent has done neither.

It was for the employer to prove that the petitioner

had stayed away from attending the duty. In the

absence of any such evidence, the contention of the

learned counsel for the respondent that the petitioner

had stayed away from attending the duty, cannot be

accepted. In the above circumstances, the termination

of the petitioner is bad in law and the same is liable

to be set aside.

15. The petitioner herself has admitted that she

has taken leave from 11-8-2005 to 31-1-2006. But as

already stated, the petitioner has failed to prove that

the said leave has been with the permission of the

respondent management. Hence, the petitioner cannot

claim back wages without working. The provisions of

Industiral Disputes Act are not intended for such

exploitation in an unfair manner. Hence, considering

the facts and circumstances of the case, the petitioner

is not entitled for back wages. Accordingly, this point

is answered.

16. In the result, the industiral dispute is partly

allowed and the petitioner is entitled for reinstatement

with continuity of service. However, she 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

January, 2013.

T. MOHANDASS,

Presiding Officer, Labour Court,

Puducherry.

————

List of petitioner’s witness:

PW.1

—

22-7-2010 Varalakshmi

List of petitioner’s exhibits:

Ex.P1

— Identity certificate of the petitioner

issued by the respondent.

Ex.P2

— Petitioner’s identity card-E.S.I. Corporation

Ex.P3

— Petitioner’s provident fund receipts

to

Ex.P6

Ex.P7

— Discharge slip of the petitioner

Ex.P8

— Salary slips of the petitioner

and

Ex.P9

Ex.P10 — Sterilisation and discharge slip of the

petitioner.

Ex.P11 — Copy of the maternity benefit certificate

Ex.P12 — Copy of the medical certificate issued by

C.M.O., Certh India.

Ex.P13 — Letter by the petitioner, dated 11-10-2006

to the Labour Officer.

Ex.P14 — Reply by the respondent, dated 13-11-2006

Ex.P15 — Notice of enquiry to the petitioner and

respondent, dated 4-12-2006.

Ex.P16 — Failure report, dated 10-10-2007

Ex.P17 — Notification of the Labour Department,

dated 11-2-2008.

List of respondent’s witnesses:

RW.1

—

16-11-2012 Sriram Murthy

RW.2

—

6-12-2012

G. Murugan

RW.3

—

6-12-2012

S. Senthil

RW.4

—

27-12-2012 C. Amalan

List of respondent’s exhibits:

Ex.R1

— Leave letter of the petitioner from

12-5-2003 to 13-7-2003.

Ex,R2

— Medical certificate of the petitioner

dated 12-5-2003.

Ex,R3 — Application for leave by Senthil to the

respondent.

Ex.R4

— Medical certificate of Senthil, dated 7-7-2005

Ex.R5

— Fitness certificate, dated 21-7-2005 by

Senthil.

Ex.R6

— Application for leave, dated 12-9-2006

from 28-8-2006 to 11-9-2006.

Ex.R7 —

Extract from the register from l-1-2006

to 31-3-2006.

Ex.R8

— Letter, dated 11-10-2006 submitted by

the petitioner to Labour Officer.

Ex.R9

— Reply dated 13-11-2006 submitted by the

respondent to the Labour Officer.

Ex.R10 — Copy of the proceedings, dated 14-3-2007

by the Labour Officer.

Ex.R11 — Copy of the proceedings, dated 9-5-2007

by Labour Officer.

Ex.R12 — Register relating to entry of visitors

from 4-9-2004 to 31-12-2005.

Ex.R13 — Register relating to entry of visitors

from 1-1-2006 to 31-3-2007.

Ex.R14 — Copy of the identity card of one

Murugan.

T. MOHANDASS,

Presiding Officer, Labour Court,

Puducherry.

458

LA GAZETTE DE L’ETAT

[7 May 2013

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 58/Lab./AIL/J/2013, dated 18th April 2013)

NOTIFICATION

Whereas, an award in I.D. No. 18/2011, dated 31-1-2013

of the Labour Court, Puducherry in respect of the

industrial dispute between the Chief Executive, KALKI,

Puducherry and one Thiru N. Sivakumaran, 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)

S. THAMMU GANAPATHY,

Under Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PUDUCHERRY

Present : Thiru T. MOHANDASS, M.A., M.L.,

Presiding Officer, Labour Court.

Thursday, the 31st day of January 2013

I.D. No. 18/2011

N. Sivakumaran

. . Petitioner

Versus

The Chief Executive,

KALKI, 132, Mission Street,

Puducherry.

. . Respondent

This industrial dispute coming on 28-1-2013 before

me for final hearing in the presence of Thiru P. Rabindran,

Advocate for the petitioner, Thiru B. Mohandass, 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 Government of Puducherry, vide G.O. Rt.

No. 120/AIL/Lab./J/2011, dated 16-6-2011 of the Labour

Department, Puducherry to resolve the following dispute

between the petitioner and the respondent, viz.,

(1) Whether

t h e

d i s p u t e

r a i s e d

b y

Thiru N. Sivakumaran against the management of

M/s. Kalki, Puducherry, over refusal of employment

is justified?

(2) If justified, to what relief the petitioner 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 petition has stated as follows:

The petitioner was employed in the respondent

company in the month of June 1999 and initially he

was appointed as probationer-Cashier and was paid

a monthly salary of ` 1,700. Thereafter he was

confirmed and was paid ` 2,000 per month. The

petitioner was rendered unblemished service since

his appointment in the respondent concern.

In such circumstances, a Frenchman called by

name Sergio came to be appointed as one of the

Executives of the respondent concern and he started

behaving in an inhumanly manner violating human

rights. He harassed the petitioner with abusive

language and often used to make the petitioner to

clean his shoes and at time he has even assaulted

the petitioner in causing injuries. The petitioner

suffered mental and physical harassment resulting

in serious depression and mental agony for the

petitioner. The petitioner complained all such unruly

behaviour of the said Frenchman to the Chief

Executive of the company but nothing happened.

In such circumstances, all of a sudden the

petitioner was virtually terminated from his service

in the month of August 2009 without any reason or

without any enquiry in any manner whatsoever. When

the petitioner attempted to meet the Chief Executive,

the petitioner was thrown out from the shop

mercilessly. Hence, the petitioner moved the

Conciliation Officer for remedy and he conducted

the conciliation and since the conciliation

proceedings ended in failure, the Labour Officer

reported failure of conciliation. In pursuance, the

Government of Puducherry has referred the said

dispute for adjudication before this court.

3. The respondent in his counter has stated as

follows:

The petitioner was in continuous unauthorised

absence from 14-8-2009 and so he was issued a show

cause notice, dated 19-8-2009 asking him to contact

the respondent management at once. On receiving

the said notice, the petitioner sent a letter, dated

17-8-2009 making allegations of harassment and using

of abusive language against him by Sergio, Honorary

Designer and Consultant in-charge of the respondent

459

7 May 2013]

LA GAZETTE DE L’ETAT

organisation. To find out the truth in respect of the

allegations in the letter of the petitioner, the

management decided to conduct the preliminary

enquiry on 5-9-2009 through Mr. Arokiaraja.

However, he did not participate in the preliminary

enquiry as instructed by the respondent in the notice

of enquiry, dated 27-8-2009. On the other hand, he

sent a letter, dated 1-9-2009 to the Chief Executives

of the respondent management with false and

untenable allegations against them.

Through notice, dated 11-9-2009 the respondent

management called upon the petitioner to join duty

within 72 hours from the receipt of the said notice.

For the said notice, the petitioner sent a reply dated

15-9-2009 stating that he was hospitalised at GH,

Puducherry and he could report only after medical

condition is improved. The management waited for

sometime but the petitioner did not report for duty.

Having come to know that the petitioner was not

hospitalized and he was physically sound to join

duty, the respondent sent a reminder notice, dated

10-10-2009 calling upon him to join duty within 72

hours from the receipt of the said notice. For the

said notice, the petitioner sent a reply, dated 21-10-2009

falsely alleging the racial harassment against him

by foreign executive. There was no termination of

service of the petitioner and the petitioner has also

not utilised the repeated opportunities to get into

the service. Hence, they pray for dismissal of the

industrial dispute.

4. On the side of the petitioner, PW.1 was examined

and Ex.P1 to Ex.P8 were marked. On the side of the

respondent, RW.1 was examined and Ex.R1 to Ex.R8 were

marked.

5. The point for consideration is:

Whether the industrial dispute can be allowed?

6. On this point :

The contention of the petitioner is that the petitioner

was employed in the respondent concern in the month

of June, 1999 and he was initially appointed as

probationer - Cashier and was paid a monthly salary

of ` 1,700 as a probationer and thereafter his probation

was confirmed and after confirmation he was paid a

sum of ` 2,000. He further contended that he has

rendered unblemished service since his appointment

in the respondent concern and often he was lauded

for his sincerity and hard work by the other superior

employers and therefore the petitioner's last drawn

wage is ` 7,000 per mensum with additional perks and

other allowances to the tune of ` 1,000 per month and

altogether he was drawing a sum of ` 8,000

approximately as the additional perks and allowances

would differ every month. In order to prove his case,

the petitioner examined himself as PW.1 and Ex.P1 to

Ex.P8 were marked. Ex.P1 is the appointment order,

which proves that he was an employee under the

respondent company.

7. PW.1 in his evidence has further stated that a

Frenchman called by name as Sergio came to be

appointed as one of the Executives of the respondent

concern and this person Sergio has a bad caliber and

he is prone to racial discrimination and he started

behaving in an inhumanly manner violating human

rights and he harassed him with abusive language and

often used to make him to clean his shoes and at times

he has even assaulted him in causing injuries and he

suffered mental and physical harassment resulting in

serious depression and mental agony for him. PW.1

further stated that he complained all such unruly

behavior of the said Frenchman, who was himself

outstaying without valid visa, to the Chief Executive

of the company but nothing happened and the said

Sergio was not even questioned or enquired of his

grievances and the level of hostility and unfairness

shown towards him by the management of the

respondent concern along with the said Sergio is

beyond imagination in a comparable situation like this

and his complaint to the Chief Executive was not even

read and it all went to the dustbin as such remained

only futile attempts.

8. PW.1 further deposed that in such circumstances

all of a sudden he was virtually terminated from his

service in the month of August, 2009 without any

reason or without any enquiry in any manner

whatsoever as he was not allowed to enter the premises

and was not called upon to inform as to the reason of

his non-employment and when he attempted to meet

the Chief Executive, he was thrown out from the shop

mercilessly.

9. On the other hand, the respondent/management’s

contentions would be that the petitioner was in

continuous unauthorised absence from 14-8-2009 and

that he was issued a show cause notice, dated 19-8-2009

requiring him to contact the respondent/management

at once and on receiving the said notice sent by the

management, the petitioner sent on 20-8-2009 letter,

dated 17-8-2009 making allegations of harassment and

using of abusive languages against him by Mr. Sergio,

Honorary Designer and Consultant in-charge of the

respondent, the respondent organisation and to find

out the truth in respect of the allegations in the letter

of the petitioner, dated 17-8-2009 (but sent by him on

20-8-2009 after the receipt of the respondent’s notice, dated

19-8-2009) the management decided to conduct the

preliminary enquiry on 5-9-2009 through Mr. Arokiaraja, the

Accountant, however, he did not participate in the

460

LA GAZETTE DE L’ETAT

[7 May 2013

preliminary enquiry as instructed by the respondent

in the notice of enquiry, dated 27-8-2009. In order to

prove his contention, the Accountant of the

respondent company was examined as RW.1 and Ex.R1

to Ex.R8 were marked.

10. RW.1 in his evidence has further stated that the

petitioner sent a letter dated 1-9-2009 to the chief

executives of the respondent management with false

and untenable allegations against them and sending

copies of the same to the high dignitaries like the

Commissioner, Labour Department, Puducherry, the

Lieutenant-Governor, Puducherry and Human Rights

Commission, New Delhi, but the fact remains that he

had been absent from duty without leave or prior

permission from 14-8-2009 onwards as on date and

through notice, dated 11-9-2009, they called upon the

petitioner to join duty within 72 hours from the receipt

of said notice and he was also asked to show cause

as to why, the management should not take disciplinary

action against him for the alleged misconducts of

unauthorised absence, abandonment of employment,

spoiling the reputation of the management, passing

derogatory remarks against the management and making

false representation against the management and for

the above said show cause notice, the petitioner sent

reply, dated 15-9-2009 stating among other things, that

he was hospitalised at the Govt. Hospital, Puducherry

and he could report only after medical condition

improved and after evaluation by the doctor and the

management waited for sometime but the petitioner did

not report to duty and he also did not send any

communication in this regard and having come to know

that at that time the petitioner was not hospitalised

and he was physically sound to join duty the

respondent management sent reminder notice dated

10-10-2009 calling upon him to join duty within 72 hours

from the receipt of said notice and he was also asked

to show cause as to why, they should not take

disciplinary action against him for the alleged

misconducts of unauthorised absence, abandonment

of employment, spoiling the reputation of the

management, passing derogatory remarks against the

management and making false representation against

the management of the respondent and for the notice

10-10-2009 the petitioner sent reply, dated 21-10-2009

falsely alleging racial harassment against him by foreign

executive and on reading his reply the management

came to the conclusion that the petitioner had not

changed his hostile attitude towards the chief

executives and he still continued to make false and

vexatious allegations against them and as per the

principles of labour law and also according to the

contract of employment the petitioner is obliged to

justify his absence from duty and as such he is under

an obligation to produce the records relating to his

medical treatment (including his admission-cum-

discharge slip) for the period of his absence from duty

and as regards the claim for pay, it is to be noted that

only for the period of work he is entitled to wages and

as per the well known principles of labour jurisprudence

when there is no work, there is no pay.

11. On a careful consideration of the claims and

contentions of both parties besides the evidence

adduced by them it is clearly crystal that it is on account

of the allegations of the petitioner as against one Sergio

said to be one of the executives of the respondent

management that he is physically and mentally

harassing the petitioner a difference of opinion arose

and consequent to that the petitioner was unable to

continue to serve the respondent management.

The question whether those allegations against the said

executive Sergio were true or not are not significant

as far as the present claims of the petitioner before this

court. But the fact remains that the petitioner has not

worked in the respondent management since 14-8-2009.

This specific fact is admitted by both the parties.

The claims and allegations of both the petitioner and

the respondent relating to the issue of show cause

notice by the respondent and the reply sent by the

petitioner for all such notices are all admitted.

12. However in the course of cross-examination of

the respondent’s witness RW.1, he has made categorical

admission that there was no domestic enquiry

conducted as against the petitioner for his alleged

unauthorised absence from 14-8-2009 eventhough there

was show cause notice on two occasions contemplating

an enquiry over the absence of the petitioner. The

respondent management could have in all possibilities

conducted the enquiry contemplated by them even in

the absence of the petitioner but there is no explanation

from the respondent as to why they did not proceed

with the enquiry eventhough notices contemplating

the enquiry were admittedly sent to the petitioner by

the respondent. In the absence of any reasonable

statement as to why the contemplated domestic enquiry

was not conducted by the respondent it leads to several

suspicious circumstances in the light of the facts and

circumstances of the case.

13. However it is an admitted fact that the

respondent management is ready to reinstate the

petitioner and such offer was continuously been made

through their notice, dated 11-9-2009 and also before

the Conciliation Officer, irrespective of the fact that

the petitioner refused to accept such offer on account

of his alleged apprehensions of fear in the respondent

management. It is also to be further noted that RW.1

admits that the petitioner has continuously worked for

a period of 10 years in the respondent concern and

there was no such incident before during such tenure

461

7 May 2013]

LA GAZETTE DE L’ETAT

of 10 years of service and this is the first time a

circumstance of this nature has arose. Therefore, the

facts and circumstances conclusively leads to the fact

situation that it is only on account of some kind of

exploitation by one of the executives in the respondent

management the petitioner developed apprehensions

in attending to his work. Therefore, in the above

circumstances and it is also admitted that the person

responsible for this labour dispute who is alleged to

be one of the executive by name Sergio is not any

more in the management concern and therefore in such

circumstances the petitioner cannot have any difficulty

in joining the service in the respondent management

hereafter. The welfare of the petitioner is also to be

taken into consideration in spite of the fact he has

absented from attending duty. Therefore, to save scope

for justice and in the interest of justice this court feels

that it would be justifiable if an order of reinstatement

of the petitioner is passed and that would also serve

the cause of justice and suffice the situation.

14. However as far as the claim for back wages is

concerned the submissions of the learned counsel for

the respondent has some force. The learned counsel

for the respondent argued that the petitioner was given

opportunities to join service and as he had refused he

cannot have a cause of action for back wages without

doing any work. He further argued that the petitioner

was never terminated and therefore in such

circumstances the question of entitlement to back wages

is not sustainable. Therefore, this court also finds that

there is no justification to award back wages to the

petitioner in view of the factual matrix of the case.

However, as discussed above interest of justice will

be served if the petitioner is reinstated but no back

wages could be awarded to the petitioner.

15. In the result the industrial dispute is partly

allowed and the respondent is directed to reinstate

the petitioner into service with continuity of service.

However, he is not entitled for back wages. There shall

be no order as to costs.

Typed to my dictation, corrected and pronounced

by me in the open court on this the 31st day of January, 2013.

T. MOHANDASS,

Presiding Officer,

Labour Court, Puducherry.

————

List of petitioner’s witness:

PW.1 —14-9-2012—Sivakumaran

List of petitioner’s exhibits:

Ex.P1 — Copy of the appointment order of the

petitioner, dated 17-6-1999.

Ex.P2 — Discharge card of the petitioner.

Ex.P3 — Show cause notice, dated 10-10-2009 sent

to the petitioner by respondent.

Ex.P4 — Letter, dated 31-10-2009 sent by the

respondent to the petitioner.

Ex.P5 — Letter, dated 22-6-2010 sent by the

petitioner to the respondent.

Ex.P6 — Copy of the enquiry notice, dated 13-8-2010

Ex.P7 — Copy of the enquiry notice, dated 19-10-2010

Ex.P8 — Copy of the I.D. Note, dated 30-6-2011

List of respondent’s witness:

RW.1 — 23-11-2012—Aroquiaradja

List of respondent’s exhibits:

Ex.R1 — Copy of the first warning letter, dated 19-8-2009

Ex.R2 — Copy of the letter, dated 17-8-2009 sent

by the petitioner to respondent.

Ex.R3 — Copy of the notice of enquiry, dated 27-8-2009

Ex.R4 — Copy of the letter, dated 1-9-2009 sent by

the petitioner to the respondent.

Ex.R5 — Show cause notice, dated 11-9-2009 sent

to the petitioner.

Ex.R6 — Copy of the letter, dated 15-9-2009 sent

by the petitioner to the respondent.

Ex.R7 — Copy of the reminder show cause notice

to the petitioner, dated 10-10-2009.

Ex.R8 — Copy of the letter sent by the petitioner

to the respondent, dated 20-11-2009.

T. MOHANDASS,

Presiding Officer,

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (WORKS)

(G.O. Ms. No. 15, dated 19th April 2013)

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 ,

Thiru D. Sambasivam, Assistant Engineer, Public

Health

Division,

Public

Works

Department,

Puducherry is admitted into retirement with effect

from the afternoon of 30-4-2013.

(By order)

N. SUMATHI,

Joint Secretary to Government (Works).