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).