Puducherry Gazette, No. 46, 12 November 2013

List of respondent's exhibits:

Ex.B1 — Photocopy of the charter of demand, dated 23-1-2009.

Ex.B2 — Copy of the reply submitted to the Labour Officer, dated 17-4-2009.

Ex.B3 — Copy of Indian Medical Council Act, dated 30-12-1956.

Ex.B4 — Copy of the notification by the Medical Council of India.

Ex.B5 — Copy of draft notification of revision of pay scales by UGC.

Ex.B6 — Copy of notification by UGC for institutions deemed to be universities.

Ex.B7 — Copy of fixation details to employees by the respondent.

Ex.B8 — Copy of 18(1) settlement between parties, dated 24-5-2006.

Ex.B9 — Copy of MoU regarding promotion policy, dated 8-8-2008.

Ex.B10 — Copy of proposed revision of salary to the petitioner union.

Ex.B11 — Details of various benefits extended to the petitioner.

And whereas, it is considered that the conduct of the said Shri V. Vijayaraghavan, Assistant Engineer, Government Automobile Workshop, Puducherry which has led to his conviction and the gravity of the charge is such as to warrant the imposition of major penalty;

And whereas, Shri V. Vijayaraghavan, Assistant Engineer, Government Automobile Workshop, Puducherry was given an opportunity of personal hearing and offer his written explanation;

And whereas, the said Shri V. Vijayaraghavan, Assistant Engineer, Government Automobile workshop, Puducherry has given a written explanation which has been duly considered by the Disciplinary Authority;

Now, therefore, in exercise of the powers conferred by rule 19(i) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the Disciplinary Authority hereby removes the said Shri V. Vijayaraghavan, Assistant Engineer, Government Automobile Workshop, Puducherry from service.

[By order of Special Secretary (Tr.)-cum-Disciplinary

Authority]

R. CHANDIRASEKARAN,

T. MOHANDASS, Presiding Officer, Industrial Tribunal, Puducherry.

Under Secretary to Government (Tr.).

————

GOVERNMENT OF PUDUCHERRY DEPARTMENT OF PERSONNEL AND GOVERNMENT OF PUDUCHERRY ADMINISTRATIVE REFORMS (PERSONNEL WING) TRANSPORT SECRETARIAT

(G.O. Ms. No. 72, dated 28th October 2013)

No. 231/Tr. Sectt./2013.

Puducherry, the 30th September 2013.

ORDER

NOTIFICATION

In pursuance of the Order No. 14046/111/2012. UTS-I, dated 4-10-2013 of the Ministry of Home Affairs New Delhi and on having reported for duty in this A d m i n i s t r a t i o n o n t h e f o r e n o o n o f 1 4 - 1 0 - 2 0 1 3 , Shri Chandraker Bharti, I.A.S., (AGMU:1996), is appointed as Secretary to Government and allotted the subjects "Finance, Planning, Industries, Agriculture, Forests and Animal Husbandry and Animal Welfare" with immediate effect.

(By order of the Lieutenant-Governor)CHETAN B SANGHI, Chief Secretary to Government. Whereas, Shri V. Vijayaraghavan, Assistant Engineer, Government Automobile Workshop, Puducherry has been convicted on a criminal charge and sentenced to undergo rigorous imprisonment for six months and pay fine of ` 1,000 in default to undergo simple imprisonment for two months under section 7 of Prevention of Curruption Act, 1988 and also sentenced to undergo rigorous imprisonment for one year and to pay fine of ` 1,000 in default to undergo simple imprisonment for two months under section 13(2) read with section 13(i)(d) of the said Act by the Hon'ble Additional Sessions Judge, Puducherry at Karaikal in Spl. C.C. No. 1 of 2010 on 6-3-2012; 12 November 2013] LA GAZETTE DE L'ETAT 1037 GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE

REFORMS (PERSONNEL WING)

[G.O. Ms. No. 73/DP&AR/SS.II (1),

dated 30th October 2013]

NOTIFICATION

On attaining the age of superannuation, the following Superintendents shall retire from service with effect from the afternoon of 31-10-2013.

Sl. Name of the Superintendent and No. Department/Office

(1)

(2)

1 Thiru S. Sivakoumar, Superintendent,

Division-I, Electricity Department, Puducherry.

2 Thiru B. Kumaran, Superintendent,

Division-IX, Electricity Department, Puducherry.

3 Thiru S. Kathan, Superintendent,

Office of the Deputy Collector (Revenue), Karaikal.

4 Thiru V. Chandrasekaran, Superintendent, Irrigation and Public Health Division, Public Works Department, Karaikal.

5 Thiru A. Vimalkumar, Superintendent,

Office of the Deputy Director of Accounts and Treasuries, Mahe.

(By order)

M. KANNAN, Under Secretary to Government (DP&AR).

————

GOVERNMENT OF PUDUCHERRY 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 Industrial Tribunal, Puducherry for adjudication. The Industrial Tribunal, Puducherry shall pass 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 ( C e n t r a l ) Rules, 1957. The party raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses to the Industrial Tribunal, 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 the petitioner union Hidesign India Private Limited Labour Union against the management of M/s. Hidesign India Private Limited, Puducherry over their charter of demands regarding unfair practice and wage increase is justified or not? If justified what relief the workmen are entitled to?

(b) Whether the claim of the workers protection committee over cancellation of 12(3) wage settlement and revision of wages is justified or not? If justified what relief they are entitled to?

(c) Whether the management involved and adopts unfair labour practice against the workmen or not? If so what relief they are entitled to?

(d) To compute the relief, if any, awarded in terms of money, if it can be so computed.

(By order)

LABOUR DEPARTMENT

(G.O. Rt. No. 151/AIL/Lab./J/2013, dated 30th October 2013)

NOTIFICATION

S. THAMMU GANAPATHY, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

(G.O. Rt. No. 155/AIL/Lab./J/2013, dated 31st October 2013)

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Hidesign India Private Limited, Puducherry and its union Hidesign India Private Limited Labour Union, over unfair labour practice, charter of demands and wage increase 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. 20/90/Lab./1, dated 23-5-1991 of the Labour Department, Puducherry to exercise the powers NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Manakular Motors, Puducherry a n d the Manakular Motors Thozhilalargal Nala Sangam, over unfair labour practice, transfer of union office bearers and refusal of 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;

2. To compute the relief, if any awarded in terms of money, if it can be so computed.

(By order)

S. THAMMU GANAPATHY, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

(G.O. Rt. No. 158/AIL/Lab./J/2013, dated 31st October 2013)

Now, therefore, by virtue of the authority delegated vide G.O. Ms. No. 20/90/Lab./1, 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 Industrial Tribunal, Puducherry for adjudication. The Industrial Tribunal, Puducherry shall pass 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 ( C e n t r a l ) Rules, 1957. The party raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses to the Industrial Tribunal, 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

1. Whether the following claims of the Manakular Motors Thozhilalargal Nala Sangam, against the management M/s. Manakular Motors, Puducherry is justified? If justified what relief they are entitled to?

(a) Whether the Transfer Order, dated 23-8-2013 to Thiru Thamaraikannan, union President and Thiru Kumaran, Secretary in the absence of appointment order and certified standing order regarding terms of contract of employment is justified or not? If, not justified? what relief they are entitled to?

(b ) W h e t h e r r e f u s a l of e m p l o y m e n t of T h i r u T h a m a r a i k a n n a n , u n i o n P r e s i d e n t a n d Thiru Kumaran, Secretary is justified or not? If, not justified what relief they are entitled to?

(c) Whether the strike commenced w.e.f. 24-8-2013 to 30-8-2013 is legal or justified? If justified, what relief they are entitled to?

(d) Whether the claim of the union workmen regarding wages as they resumed duty during the period 31-8-2013 to 4-9-2013 is justified or not? If justified what relief they are entitled to?

(e) Whether the deduction of wages in the month of August 2013 is justified or not? If, not justified what relief they are entitled to?

NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s.Whirlpool of India Limited, Thirubuvanai, Puducherry and its workman Thiru D. Palanivel, over his 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. 20/90/Lab./1, 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 pass the award within 3 months from th e d a t e 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 ) W h e t h e r t h e d i s p u t e r a i s e d b y T h i r u D. Palanivel, a g a i n s t t h e m a n a g e m e n t o f M/s. Whirlpool of India Limited, Thirubuvanai, Puducherry, over his non-employment is justified? if justified, what relief he is entitled to?

(b) To compute the relief, if any, awarded in terms of money, if it can be so computed ?

(G.O. Ms. No. 42/AIL/Lab./J/2013, dated 4th November 2013)

(G.O. Rt. No. 159/AIL/Lab./J/2013, dated 31st October 2013)

NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Marg Karaikal Port Pvt. Ltd., Karaikal and M/s. Agash Dredging and Marine Services Pvt. Ltd., Vishakapattinam and its workmen Thiru D. Nagappan and 9 others over illegal transfer, back wages and other charter of demands 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. 20/90/Lab./1, 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 pass the award within 3 months from th e d a t e 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 the petitioners T h i r u v a l a rg a l ( 1 ) D . N a g a p p a n , ( 2 ) M . S e g a r, (3) P. Balamurugan, (4) V. Vijayabalan, (5) P. Ramesh Kumar, (6) M. Murugesan, (7) R. Muthukumarasamy, ( 8 ) R . M u r u g e a s a n , ( 9 ) U . R a m a m o o r t h y a n d (10) K. Sudhagar over the issues of illegal transfer, charter of demands, payment of back wages against the management of M/s. Marg Karaikal Port Pvt. Ltd., Karaikal and M/s. Agash Dredging and Marine Services Pvt. Ltd., Vishakapattinam is justified or not?

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

(c) To compute the relief, if any, awarded in terms of money, if it can be so computed ?

ORDER

Whereas, the management of M/s. Anglo-French Textiles Ltd., Puducherry has submitted an application in Form O-3, dated Nil in the Office of the Secretary to Government, Labour Department, Puducherry with all enclosures on 19-7-2013 seeking permission for Lay-Off 1962 workman and staff with effect from 16-7-2013 under section 25-M of the Industrial Disputes Act, 1947 read with Rule 75(B) of the Industrial Disputes (Central) Rules, 1957;

Whereas, the management has stated, inter alia, the following reasons for the intended Lay-off;

(i) Incurring continuous loss and poor financial status;

(ii) The bank accounts with the Consortium Banks are classified as Non-Performing Assets (NPA) due to non-settlement of LC dues over drafts, etc., which resulted the temporary denial of any financial assistance by the banks like temporary over draft (OD);

(iii) No raw materials like cotton, yarn, furnace oil, chemicals, stores and spares to resume the production activities;

(iv) EPF authorities freezed the accounts of AFT under 8 F of the non-payment of EPF dues to a tune of ` 6.50 crores;

(v) Non-payment of wages/salary to the employees for the past 8 months to the tune of ` 24 crores for want of funds;

(vi) Shifting of weaving preparatory and Ware House Departments in "A" unit to a new building in the "B" or "C" unit for which sufficient funds are required;

(vii) Till such time no other alternative other than to declare Lay-off for 45 days;

Whereas, a copy of the Lay-off application has been forwarded to all the trade unions concerned to furnish their comments/views vide notice No.6323/AIL/Lab./J/ 2013, dated 26-7-2013 and 30-7-2013;

Court of Judicature at Madras vide letter, dated 26-10-2013 enclosing the copy of the orders pronounced by the Hon'ble High Court of Judicature on 25-10-2013 dismissing the Writ Appeals Nos. 727 and 910 of 2013 in W.P. Nos. 5099 and 23040 of 2010 filed by the Puducherry Textiles Mills Labour Union, Puducherry have been examined;

conferred by the sub-section (1) of section 25-M of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) the undersigned hereby decides to grant permission sought by the management of M/s. Anglo-French Textiles, Puducherry to Lay-off workman as defined under section 2(s) of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) for a period of 45 days from the date of publication in the official gazette.

P.R. MEENA, I.A.S., Secretary to Government (Labour).

Now, therefore, by virtue of the authority delegated vide G.O. Ms. No. 177/80-Lab., dated 1st September, 1980 of the Labour Department to exercise the powers

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NETTAPAKKAM COMMUNE PANCHAYAT

Nettapakkam, the 24th October 2013.

Dangerous Establishments

NOTICE

The undermentioned person has requested for permission to set up the following industry within the Nettapakkam Commune Panchayat limits, as detailed below.