1036
LA GAZETTE DE L’ETAT
[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.
T. MOHANDASS,
Presiding Officer, Industrial Tribunal,
Puducherry.
GOVERNMENT OF PUDUCHERRY
TRANSPORT SECRETARIAT
No. 231/Tr. Sectt./2013.
Puducherry, the 30th September 2013.
ORDER
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;
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,
Under Secretary to Government (Tr.).
————
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS (PERSONNEL WING)
(G.O. Ms. No. 72, dated 28th October 2013)
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
Administration on the forenoon of 14-10-2013,
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.
1037
12 November 2013]
LA GAZETTE DE L’ETAT
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
LABOUR DEPARTMENT
(G.O. Rt. No. 151/AIL/Lab./J/2013, dated 30th October 2013)
NOTIFICATION
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
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
(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
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)
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)
NOTIFICATION
Whereas, the Government is of the opinion that an
industrial dispute has arisen between the management
of M/s. Manakular Motors, Puducherry and 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;
1038
LA GAZETTE DE L’ETAT
[12 November 2013
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 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
(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
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 ) Whether
refusal
of
employment
of
Thiru Thamaraikannan, union President and
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?
(f) Whether the management adopted unfair
labour practice against the union workmen for the
formation of the trade union? If so, what relief they
are entitled to?
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)
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
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 )
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
Thiru D. Palanivel, against the management of
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 ?
(By order)
S. THAMMU GANAPATHY,
Under Secretary to Government (Labour).
1039
12 November 2013]
LA GAZETTE DE L’ETAT
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(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
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 the petitioners
Thiruvalargal (1) D. Nagappan, (2) M. Segar,
(3) P. Balamurugan, (4) V. Vijayabalan, (5) P. Ramesh
Kumar, (6) M. Murugesan, (7) R. Muthukumarasamy,
(8) R. Murugeasan, (9) U.Ramamoorthy and
(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 ?
(By order)
S. THAMMU GANAPATHY,
Under Secretary to Government (Labour).
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Ms. No. 42/AIL/Lab./J/2013, dated 4th November 2013)
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;
Whereas, a notice, dated 30-7-2013 was sent to the
management and the trade unions and they were given
an opportunity of being heard on the said Lay-off
application on 5-8-2013;
Whereas, the views/replies of the management and
the trade unions and the relevant documents/issues
and the views of the Senior Government Pleader, High
1040
LA GAZETTE DE L’ETAT
[12 November 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;
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
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).
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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.