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[25 March 2014

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 16/Lab./AIL/J/2013, dated 7th February 2014)

NOTIFICATION

W h e r e a s , a n Aw a r d i n I . D . N o . 2 0 / 2 0 0 3 ,

dated 23-11-2013 of the Labour Court, Puducherry in

respect of the industrial dispute between the Managing

Director, M/s. Puducherry Agro Products Food and Civil

Supplies Corporation Limited, Puducherry and PAPSCO

Employees Union, Puducherry represented by its

President Thiru Ravi over overlooked their seniority

and denied the appropriate pay scale 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 : Tmt. S. MARY ANSELAM, M.A., M.L.,

Presiding Officer, Labour Court.

Saturday, the 23rd day of November 2013.

I.D. No. 20/2003

PAPSCO Employees Union

Puducherry represented by its

President Mr. Ravi

. . Petitioner

Vs.

M/s. Puducherry Agro Products Food

and Civil Supplies Corporation Limited,

Puducherry represented by its

Managing Director

. . Respondent

This industrial dispute coming on 4-10-2013 for final

hearing before me in the presence of Thiruvalargal

L. Annadoure, Mrs. Sharmila Anandan and N. Anandan,

Advocates for the petitioner, Thiru K. Ranganathan,

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. 105/2003/Lab/J, dated 1-8-2003 based on the

representations made by the PAPSCO Employees Union

stating that PAPSCO had overlooked their seniority and

denied the appropriate pay scale to them. In the said

G.O. the Labour Department has referred the following

matter for adjudication and to pass award within a period

of three months from the date of issue of reference:

(1) Whether the management of M/s. Pondicherry

Agro Products Food and Civil Supplies Corporation

Limited, Pondicherry has overlooked the seniority

while giving appointment to the posts of Junior

Assistants and Drivers? If so, to give appropriate

direction.

(2) Whether the said management has denied

appropriate pay scale to Thiru K. Ramasamy working

in Coffee Section as Coffee Roaster? If so, to give

appropriate direction.

(3) To what other reliefs the workmen represented

by the said union are entitled to?

(4) To compute the relief, if any, awarded in terms

of money if it can be computed.

2. The petitioner in his petition has stated as

follows :-

The petitioner states that PAPSCO came into

existence on 1-1-1990 and at the time of its establishment

PAPSCO had recruited casual labourers. The petitioner

states that for about five years on end the casual

labourers were working as such without any promotion

being giving to them. As per the agreement arrived at

between the parties about 25 of the casual labourers

were regularised according to service seniority and

subject to the reservation policy for schedule castes/

tribes as Helpers in the pay scale of ` 750-940

irrespective of the nature of duties performed by them.

But when fitment to appropriate posts was undertaken

the management had overlooked the service seniority

of many candidates in the regular and non-regular

establishments.

The

management

had

wrecked

vengeance

and

victimized

both

the

President

Mr. Sathiyamurthy and Secretary of the union

Mr. Mariyappan who ranked No.1 and 22 respectively

in the seniority list and they were left as Helper and

Auto Driver respectively in the pay scale of ` 750-940

along with some others while similarly placed and

similarly qualified juniors were elevated to higher posts

of Junior Assistant and Driver respectively in the pay

scale of ` 950-1580 and therefore he is entitled to the

salary and other statutory benefits as drawn by Junior

Assistant from 14-8-1995 till 8-7-2003 and the

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LA GAZETTE DE L’ETAT

respondent/management must pay the amount less the

amount which he has been drawing as salary every

month and further he is entitled to claim salary as given

to Senior Assistant from 9-7-2003 to 5-9-2005 which has

to be worked out by the respondent/management and

paid in favour of him in accordance with rules and further

his position in the needs to be reverted and placed in

the 1st in the seniority list as it was in existence them.

The petitioner humbly submits that the said

Mariappan was figuring 22nd place in the order of

seniority and he was designated as Auto Driver on

31-10-1995. The petitioner submits that earlier on

21-10-1995 the respondent / management had posted

one Thangavelu, Gowri Ganesh, Ezhumalai and

Munisamy @ Nagarajan to the regular post of Driver/

Staff Car driver who were very much juniors to the

aforesaid Mariappan who should have been posted to

the regular post of Driver/Staff Car Driver and in fact

the respondent/management had done so with the

corrupt intention of victimizing him who had been

actively engaged in trade union activities and in fact

he was the Secretary of the PAPSCO Employees Union.

The said Mariappan having been aggrieved by the order

which would post him as Auto Driver had filed

O.S.No.1539/96 on the file of Hon'ble Principal District

Munsif Court, Puducherry for setting aside the order

and for mandatory injunction against the respondent/

management directing it to post him as Driver/Staff Car

Driver and the suit came to be decreed in his favour by

way of judgment and decree dated 22-12-1998. The

respondent/management had filed Appeal A.S.No.110/99

on the file of Hon’ble III Additional District Judge,

Puducherry.

The

Petitioner

states

that

the

respondent/

management had also disregarded the case of

M. Munisamy for promotion to the post of Junior

Assistant when in fact he had educational both

requisite and desirable qualification like S.S.L.C., +2,

B.Com and English typewriting. The respondent/

management had not considered the cases of Helpers

V. Vijaikumar, V. Murugasamy, V. Datchanamurthy,

V. Palanisamy, S. Vijayaragavan, V. Gunasegaran,

S. Guna, R. Rajaram, S. Narindersundar who should

have been promoted to the post of Junior Assistant.

Consequently, direct the respondent to accord all

statutory, monetary and other benefits to those persons

who were affected by such a promotion done by

overlooking the service seniority retrospectively;

direct the respondent to promote Mr. J. Sathiyamurthy

who is a Junior Assistant at present and who was 1st

in the seniority list, to the post of Manager by awarding

all statutory, monetary and other benefits as per law,

rules and regulations if any and further direct the

respondent to cause fixation of pay scale of ` 3,500 for

Mr. K. Ramasamy- Coffee Roaster on par with the pay

scale fixed for Drivers employed in rice milling and

hulling and oil expelling unit in Puducherry Marketing

Committee, Thattanchavady, Puducherry.

3. The respondent in his counter has stated as

follows:—

The respondent states that the name of the PAPSCO

was changed into Puducherry Agro Products, Food and

Civil Supplies Corporation Limited on 6-3-2007. As such,

between 1-2-1991 i.e. from the date of commencement

of activities of this Corporation and 31-12-1991,

totally 90 candidates were employed as casual

labourers on daily rated basis. The two applicants viz.

Tvl. J. Sathiyamurthy and K. Ramasamy in this I.D are

among the 90 candidates and their educational

qualifications were Higher Secondary and VI (discontinued)

respectively. The eligibility for declaring the seniority

of the said 90 casual labourers was based on the date

of their engagement as casual labourer. As such, the

seniority of the applicants J. Sathiyamurthy and

K. Ramasamy in this I.D. was at No.1 and No.11 among

the said 90 CLRs. the first 25 CLRs. were regularised

on 30-3-1995 in the post of Helpers carrying the scale

of pay of ` 750-12-870-EB-14-940 including the two

applicants. The audit of Comptroller and Auditor

General of India was taken up with due diligence and

the Board of PAPSCO decided to create the post of

“Junior Assistants” falling under Group-C category

carrying the scale of pay of ` 3050-75-4590.

In the meanwhile, the petitioner Sathiyamurthy stung

by handicap in his educational qualification which

deprived him of the promotional opportunity, completed

his typewriting examination during August 2000 after a

gap of five years. The petitioner himself admitted that

at the time of offer of promotion on selection basis

during 1995 he possessed the educational qualification

of 12th standard alone and subsequently he acquired

typewriting examination in the year August 2000. The

petitioner

Sathiyamurthy

was

not

possessing

typewriting and during the scheme of offer of

appointment till November 1995, he was not in the zone

of selection list neither in the first spell of 17 candidates

since he was not possessing Degree/Diploma as the

number of posts required under general category during

July 1995, nor in the second spell of selection list of

3 candidates possessing +2 with typewriting during

November 1995.

The petitioner Sathiyamurthy is that since he has

now acquired the requisite typewriting, the eligible

individuals who were promoted to the post of Junior

Assistant but did not pass the typewriting within the

time frame given and who were subsequently exempted

from the same based on their nature of their duties. The

same ID Thiru K. Ramasamy, Helper who studied up to

V standard (VI Standard discontinued) also offered

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[25 March 2014

Helper post in the scale of ` 750. The absorption of

casual labourers as Helpers was made during 1995 and

while offer of appointment to the first 25 CLRs.

Therefore, the question of offer of promotion to the

above said Ramasamy, Helper to the post carrying in

the scale of ` 3,050 on par with Junior Assistant who

were selected on seniority-cum-merit basis with

necessary qualifications/candidates satisfying the

recruitment rules did not arise.

The above case could not be disposed off within the

said stipulated time by the absence of default of the

petitioner. The stand of the PAPSCO Employees Union

is not consistent as well as common interest. Initially

in the disputes which filed in the year 1996,

23 employees’ names were mentioned by the petitioner

union as if they were overlooked by the PAPSCO and

caused grievances to them. Whereas in the claim

statement filed in the above case by the petitioner

union on 23-4-2009 only 10 names were mentioned

specifically by way of including two more persons

claiming wrongly the acquiring of B.Com. degree

qualification of Thiru Munusamy. Subsequently on

10-11-2010 a list of employees claiming to have been

aggrieved for 17 persons to consider Junior Assistant

post by way of excluding 8 names which furnished in

the list while making industrial dispute in the year 1996

and by way of including one employee namely

R. Balamurugan in the above case. PW1 has admitted

during cross-examination that he has no proof to show

that he is the President of the said union and one

V. Palanisamy is the Secretary of the said union.

4. On the side of the petitioners, PW1 to PW3 are

examined and the side of the respondent RW1 was

examined. On the petitioners side Ex.P1 to Ex.P86 were

marked. On the side of the respondent, Ex.R1 to Ex.R19

were marked.

5. The point for consideration is:

Whether the petitioner is entitled for the relief

sought for is the point for determination?

6. On this point:

lt is stated on the side of the petitioner that it has

raised the industrial dispute over regularisation of

service and framing of industrial standing orders and

therefore the issues have been brought before the

Labour Officer (Conciliation) and a settlement has been

arrived at between the petitioner and the respondent

who has agreed to publish tentative seniority list, also

agreed to regularise 25 employees of PAPSCO as per

seniority to the post of Helpers before 31-3-1995 and

it has agreed to submit draft standing orders and on

the basis of agreement a settlement has been drawn

up on 16-2-1995. But while fitment to appropriate posts

was undertaken the respondent overlooked the service

seniority of several candidates for instance one

J. Sathiyamurthy who was the President of the union

and one Mariappan was the Secretary were victimized

in as much as they have been left as Helper and Auto

Driver respectively and similarly juniors were elevated

to higher posts of Junior Assistants and Driver

respectively. According to the management the minimum

educational qualification for appointment as Junior

Assistant is S.S.L.C. passed with typewriting in English

(lower grade) and preference to be given to graduates.

Although the respondent has appointed even those

were not possessed the minimum qualifications required

for the post by relaxing the condition of passing the

typewriting test and requiring them to pass the test

within one year of joining as Junior Assistant. It is

submitted by the petitioner that once again the issue

of supersession of seniority while promoting the

candidates, the issue the denial of appropriate pay scale

and an issue relating Mr. Ramasamy who is the Coffee

Roaster in the coffee section has been taken up before

the Labour Officer (Conciliation) since conciliatory

effort taken by the officer has ended in vain and

conciliation failure report No.993/LOC/AIL, dated

5-1-1996 of the Labour Officer (Conciliation), Puducherry

came into being and consequently the Government has

been pleased to refer the matter for adjudication before

the Labour Court and the terms of the reference are as

follows:

(1) Whether the management of M/s. Pondicherry

Agro Products Food and Civil Supplies Corporation

Ltd., Pondicherry has overlooked the seniority while

giving appointment to the posts of Junior Assistants

and Drivers? If so, to give appropriate direction.

(2) Whether the said management has denied

appropriate pay scale to Thiru K. Ramasamy working

in coffee section as Coffee Roaster? If so, to give

appropriate direction,

(3) To what other reliefs the workmen represented

by the said union are entitled to?

(4) To compute the relief, if any, awarded in terms

of money if it can be computed.

7. The petitioner submits that despite agreement to

present draft industrial standing orders the respondent

has not framed the industrial standing orders to this

day and similarly there are no recruitment rules framed

and approved by Government and notified for the posts.

The respondent contend that the recruitment rules have

been framed duly only after Office of the Controller and

Auditor General has pointed out during March 1995 as

to the dearth in the number of staff and that the Board

has decided the number of posts needed in various

cadres and fix the recruitment rules correspondingly and

such a stand find place in the counter statement and it

will be appropriate and the relevant portion is stated

below.

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25 March 2014]

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8. It is advised that they shall decide the number of

posts needed in various cadres and fix the recruitment

rules correspondingly. The recruitment rules consciously

devised by the Board for the post of Junior Assistant

for direct recruitment was as below:

Essential: A minimum pass in S.S.L.C. with

typewriting English Lower.

Desirable: Any Degree/Diploma of a recognized

institution with minimum two years of service

experience.

9. The Board of our Corporation, while deciding the

number of posts of Junior Assistant to be created and

the

corresponding

recruitment

rules

and

the

corresponding rules is mentioned above. So, solely for

the purpose of meeting out roaster based reservation for

SC/ST, 3 scheduled caste candidates with the minimum

S.S.L.C. qualification prescribed in the recruitment rules

was recruited. All candidates initially recruited as Junior

Assistants from the Helper/casual labourer category

satisfied the eligibility prescribed in the recruitment

rules. The petitioner had acquired the typewriting

qualification subsequently during August 2000, on

eligibility and satisfying the recruitment rules, his

promotion of Junior Assistant was offered on account

of vacancy arising and eligibility criteria.

10. Therefore, the question of offer of promotion to

the above said Ramasamy, Helper to the post carrying

in the scale of ` 3,050 on par with Junior Assistant who

were selected on seniority-cum-merit basis with

necessary qualifications/candidates satisfying recruit

rules did not arise.

11. Hence, he was not considered for the post of

Junior Assistant during 1995. Further, for another

petitioner Ramasamy who studied up to V Std.

discontinued one among the CLR of the Corporation

was offered the Helper post satisfying the recruitment

rules applicable to the other CLRs.

12. It is stated in the counter statement and it was

stated by the RW1 in his cross-examination that during

April 1995 the recruitment rules was given which were

not approved by the Government and it was not

necessary. ∞©´_ \V>D 95áD gı| √Ë WB\™

c›>´° kw∫z˛≈VÏÔ^. ∂Õ> WB\™ s]xÁ≈Ô^

∂´E[ ∂–\] ÿ√≈s_ÁÈ ®[≈V_ ∂>uz ∂kEBD

÷_ÁÈ.

13. The petitioner becomes necessary to know about

the antecedent of RW1. RW1 has been working as CLR

and as per the settlement arrived at between petitioner

and the respondent the service of CLRs have been

regularised as Helper and the name of RW1 as find place

42 in the seniority list and the management has just

promoted RW1 as Junior Assistant and he has been

successively promoted as Senior Assistant, Manager

and then the Assistant General Manager because he is

in good books with the management and the respondent

management has shown him favourtism in violation of

the principal of natural justice then he has attached

himself as Personal Assistant to the Managing

Directors namely Mr. Ezhumalai, Mr. Ravindran,

Mr. Anbazhagan, Mr.Vasantha Kumar, Mr. Ganesan,

Mrs.Priyadarsini. Further RW1 has prepared the counter

statement and his evidence serving and he is interested

and he is the one who is the cause for the lot of workers

and therefore his evidence is not credible. On the side

of the respondent except RW1 no other witness was

examined so his evidence is viewed with great caution.

14. It is argued that on the side of the respondent

that there are recruitment rules but it is not chosen as

to submit the relevant recruitment rules for the posts

available in the PAPSCO duly approved by the

Government and the same notified in the official gazette.

According to the RW1 it is not necessary to get the

recruitment rules duly approved by the Government, it

is not correct statement because PAPSCO is the

Government undertaking and it is being managed and

functions as such with the funds contributed by the

Government. RW1 says that the management has framed

recruitment rules during the month of April 1995 and

then he would say that the staff service rules of PASIC

is applicable to the respondent Corporation which is a

false one because the respondent has nowhere in the

counter statement has stated that staff service rules

Ex.R18 is applicable to the process of recruitment and

promotion of candidates to the posts. It is not

specifically pleaded and proved that the staff service

rules of PASIC is applicable to PAPSCO. RW1 would

say that staff service rules of PASIC is being in vogue

in PAPSCO from 23-11-1990, for the Corporation has

been incorporated only on 27-9-1990 and it has started

its business activities with effect from 1-2-1991 and

therefore there is no knowing as to kind of recruitment

rules available and the applicable in PAPSCO. RWI

further states the Chairman of the respondent

Mr. Balan has appointed one man committee to over see

the framing and preparation of recruitment rules and the

said one man committee has not framed the recruitment

rules so far. So from the available evidence, it is clear

that there are no recruitment rules framed for the posts

in the respondent establishment down to this day and

the respondent is promoting the candidates as its

whims and fancies would dictate and further it is

indicative there is no rule of law in PAPSCO and all the

workers are either at the mercy of the management or

at displeasure of the management and RW1 is one who

decides all.

15. The Industrial Employment Standing Orders

Act, 1946 require the respondent has to define with

sufficient precision the conditions of employment of

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[25 March 2014

workers who work under it to make the said conditions

known to the workmen employed by it. Section (1) of

the Industrial Employment Standing Orders Act, 1946

require that the PAPSCO has to submit the draft

standing orders to the certifying officer within six

months from the date on which the Act became

applicable to it. The respondent has agreed before the

Labour Officer (Conciliation) to submit the draft

standing orders but the respondent has not taken any

steps to certify the standing orders to this day. Ex.P26

is a copy of the gazette notification of the recruitment

rules for Lower Division Clerk in support of its

contention and prescribing a higher qualification for

recruitment to the post of Junior Assistant must

certainly smack of favouritism and it will only indicate

that the respondent intents to recruit certain person of

its choice and nothing more. The post of Lower Division

Clerk in Government departments and the post of Junior

Assistant are similar and the respondent being a

Government industrial establishment is precluded from

prescribing a different qualification than one prevailing

in other departments of Government and the respondent

is bound to follow the recruitment rules and qualifications

prescribed by other departments. Further the pay scale

of Lower Division Clerk in Government departments is

` 950-1,500 and the pay scale of Junior Assistant in the

respondent establishment is ` 950-1,500 are similar and

therefore there is no difference in pay scale.

16. The service seniority has been affixed by 90

workers and there is no doubt about it and the

respondent cannot deny it. So when once having

decided to recruit helpers to the post of Junior Assistant

the respondent ought to follow rules strictly the

workers rank in the seniority list but the respondent has

failed to do so and promotion has been made recklessly

and against the principles of natural justice as there is

no recruitment rules. A few candidates with qualification

of degree has been promoted as Junior Assistants and

some candidates with S.S.L.C. without typewriting

certificate has been promoted as Junior Assistants and

those appointees who have no typewriting certificates

have been extempted from' production at the time of

promotion and they have been required to produce the

certificates within one year from the date of appointment

and one Vengatachalapathy whose order in seniority is

88 and who has no typewriting certificate has been

promoted as Junior Assistant when in fact he has not

passed the typewriting till this day. Likewise, the

following candidates who have been promoted as

Junior Assistants have been exempted from production

of typewriting certificates as per the office order

No.125/PAPSCO/95, dtated 14-8-1995.

1. Venkatachalapathy (Sl. No. 10 of the office order)

2. V. Jeyaraman (Sl. No. 11 of the office order)

3. V. Sowmian (Sl. No. 13 of the office order)

4. A. Gajavardhan (Sl. No. 15 of the office order)

5. M. Rajasekaran (Sl. No. 165 of the office order)

6. M. Ravi (SI. No. 17 of the office order).

In the seniority of the Venkatachalapathy is 88 in a

list of 90 candidates. The respondent has failed to

consider the following senior candidates who possesses

the minimum qualification of S.S.L.C. and above.

Further, the following candidates have been upgraded

as Junior Assistants by superseding the legitimate and

rightful claims of the aforesaid candidates. Name

seniority

1.T. Nallathambi 14

2. J.Santhi 17

3. R. Amaran 18

4. K. Kalyanasundaram 27

5. S. Ganesan 40

6. V. Sripathy 42

7. K. Vengadachalapathy 52

8. D. Vardharaj 79

9. P. Vaithiyanathan 84

These candidates have been further promoted as

Senior Assistants as RW1 one among them. The

petitioners submits that Sathiyamurthy whose order in

this seniority list is 1 has not been promoted as Junior

Assistant by relaxing the conditions as typewriting

certificate but he has been denied promotion because

he was the President of the trade union similarly one

M. Munisamy

who

possessed

the

educational

qualification of higher secondary and typewriting

certificate has been denied promotion because he has

involved actively in trade union activities. Likewise, one

Mariappan who was the Secretary during 1995 was

denied of promotion as Driver. The aggrieved workers

have been promoted to the post of Junior Assistants

during the pendency of the proceedings and therefore

were entitled for all benefits from the date of their claim

which has been overlooked till the date of their claim

promoted as Junior Assistants so it is decided that the

respondents has promoted juniors by overlooking

service seniority. So, it is necessary to place them

retrospectively on the same footing at the time of

passing the order unlawful supersession till the time the

aggrieved workers promoted as Junior Assistants. So

the first question is answered in favour of the

petitioners.

17. One, Mariappan who is the Secretary of the

PAPSCO employees union has been denied promotion

as Driver when in fact candidates who are very much

junior to him have been promoted as Drivers and

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LA GAZETTE DE L’ETAT

therefore he has filed as O.S.No.1539/96 against the

respondent and the juniors in service seniority on the

file of Hon'ble Principal District Munsif Court,

Puducherry for setting aside the order of promotion and

after trial the Hon'ble Court has been pleased to direct

the respondent to place and the post of said Mariappan

in accordance with his seniority while appointing

drivers. The judgment is marked Ex.P83 and the decree

is marked Ex.P84 in the judgment para No.28. It is stated

that DW1 himself has admitted in the evidence that the

first defendant Corporation has overlooked the seniority

of the plaintiff and posted him in lower category while

his juniors were posted in higher category and higher

pay and allowance. The first defendant Government

Corporation should act more in the welfare of its

employees as a model employer and there should not

be any room for whims and fancies.

18. As against the judgment the respondent has

preferred appeal and the appeal was dismissed and

subsequently the respondent has complied with the

direction given in the suit. So far Ex.P83 and 84 it is

very clear that the promotion is being made by the

respondent by overlooking service seniority during the

material point of time.

19. It is submitted on the side of the petitioner name

of K. Ramasamy finds place 11th in the order of seniority

who is the technically experienced skilled hand working

as Coffee Roaster from 31-5-1991. He has been working

in Lakshmi Coffee Works, Puducherry prior to 31-5-1991

and the respondent establishment has sought his

service and therefore he has resigned from the work as

a Coffee Roaster and when the 25 CLRs have been

regularised as Helpers he too has been regularised as

Helper and in fact after appreciating the work of

K. Ramasamy the respondent has fixed his wage at

` 1,000 per month while others who performed clerical

duties were fitted to wages ranging from ` 450-900 and

therefore K. Ramasamy has claimed the pay scale of

` 950-1,500 which is the pay scale for Junior Assistant.

The respondent has not conceded the claim because

K. Ramasamy has been actively engaged in trade union

activities. In order to counter the claim of K. Ramasamy

and deprive his claim respondents sent some workers

to be trained in coffee roasting and grinding in the

Coffee Board in Bangalore and although they have been

trained they could not practically roasting and grinding

coffee Ex.P10 to 13 proves it. Therefore, the respondent

has closed down in coffee section during the pendency

of proceedings with an ulterior motive. The pay scale

of a Driver who performs the duties of rice milling and

hulling which is similar to roasting and grinding coffee

so as to show that both the jobs are analogous. So the

petitioner, need not closed down the unit on the ground

of viability and in fact coffee unit has been fetching

good income and the unit has been closed only due to

retaliatory measure. He has been assigned the duties

which are being performed by Junior Assistant and

therefore the pay or wage as given to their Lower

Division Clerk is to be fixed in his case.

20. The respondent in its written argument would say

of selection post and non-selection posts but on the

petitioner has known all along is that juniors in the

seniority list have been promoted as Junior Assistant

superseding the claim of the seniors who have similar

qualification as arguments and side of the respondents

has not been correct one. Taking into consideration of

the above such aspects it is very clear that the seniority

has been overlooked by the respondent in promoting

employees so the respondent is directed to promote

Mr. J. Sathiyamurthy, Junior Assistant at present who

was the first in the seniority list to the post of Manager

by awarding all statutory, monetary and other benefits

as per law, rules and regulations. The respondent is

further directed to fix the pay scale at ` 3,500

for K. Ramasamy, Coffee Roaster on par with the pay

scale fixed for the employees of rice milling and hulling

unit in Puducherry Market Committee. The respondent

is directed to promote K. Ramasamy to the post of

Junior Assistant by awarding all tentative benefits and

the claim petition filed by the petitioners are allowed.

Typed to my dictation, corrected and pronounced

by me in the open court on this the 23rd day of

November 2013.

S. MARY ANSELAM,

Presiding Officer,

Labour Court, Puducherry.

————

List of petitioner’s witnesses :

PW.1—Ravi

PW.2—Sathiyamurthy

PW.3—K. Ramasamy

List of petitioner’s exhibits :

Ex.P1 — Copy of Technical Education of Munissamy

@ Dayalan in May 1990.

Ex.P2 — Copy of Transfer-cum-Conduct Certificate

of Munissamy @ Dayalan, dated 5-1-1995.

Ex.P3 — Copy of letter of Munissamy @ Dayalan

regarding educational quality and

promotion to the Managing Director,

dated 8-8-2002.

Ex.P4 — Copy of letter of Munissamy @ Dayalan

regarding omission of his name in

Junior Grade to the Managing Director,

dated 21-4-2003.

202

LA GAZETTE DE L’ETAT

[25 March 2014

Ex.P5 — Copy of letter of Munissamy @ Dayalan

regarding promotion for Junior

Assistant to the Managing Director,

dated 10-9-2003.

Ex.P6 — Copy of letter of Munissamy @ Dayalan

regarding promotion for Junior Assistant

to the Managing Director, dated 25-4-2005.

Ex.P7 — Copy of letter of Munissamy @ Dayalan

regarding

promotion

for

Junior

Assistant to the Managing Director,

dated 14-3-1996.

Ex.P8 — Copy of letter of Memorandum from

PAPSCO promotion to the post of Store-

Keeper, dated 4-1-2008.

Ex.P9 — Copy of letter of Office Order from

PAPSCO promotion to the post of Store-

Keeper, dated 29-1-2002.

Ex.P10 — Copy of letter from PAPSCO for

arrangements of training at Bangalore to

the Director of Promotion, dated 24-4-1991.

Ex.P11— Copy of letter from PAPSCO for sending two

persons for training at Bangalore to the

Director of Promotion, dated 27-4-1991.

Ex.P12 — Copy of letter of Training Programme

from Coffee Board, dated 29-4-1991.

Ex.P13 — Copy of letter from Coffee Board for

Training Programme to the Director of

Promotion, dated 10-5-1991.

Ex.P14 — Copy of letter of Order of First Appellate

Authority under RTI Act, dated 2-7-2007.

Ex.P15 — Copy

of

Technical

Education

of

Vijayaragavan in August 2001.

Ex.P16 — Copy of Master Degree Certificate of

Vijayaragavan, dated 10-1-2000.

Ex.P17 — Copy of Letter of Sathiyamurthy to

Managing Director, dated 14-12-2000.

Ex.P18 — Copy of Master Degree Certificate of

Sathiyamurthy, dated 12-3-2000.

Ex.P19 — Copy of Letter from PAPSCO Employees

Union, dated 2-3-2002.

Ex.P20 — Copy of Letter from PAPSCO Employees

Union to the Chief Secretary to

Government, dated 12-4-1996.

Ex.P21 — Copy of Letter from PAPSCO Employees

Union to the Chairman/Managing

Director, dated 27-8-2003.

Ex.P22 — Copy of the List of PAPSCO Helpers

Final Seniority, dated 21-4-2005.

Ex.P23 — Copy of the Memorandum of order of

Regularisation of Helpers, dated 9-7-2003.

Ex.P24 — Copy of the list of PAPSCO Casual

Labourers Final Seniority, dated 30-3-1995.

Ex.P25 — Copy of Memorandum, dated 30-3-1995.

Ex.P26 — Copy of the recruitment rules of Lower

Division Clerk, dated 27-12-2005.

Ex.P27 — Copy of the Office Order of Junior

Assistants, dated 14-7-1995.

Ex.P28 — Copy of Corrigendum of Appointment of

Helpers, dated 27-11-1995.

Ex.P29 — Copy of Office Order of Junior Assistant,

dated 5-12-1995.

Ex.P30 — Copy of Memorandum of Junior

Assistant, dated 15-5-2000.

Ex.P31 — Copy of Memorandum of Junior

Assistant, dated 25-2-2005.

Ex.P32 — Copy of Memorandum of Junior

Assistant, dated 10-6-2005.

Ex.P33 — Copy of Memorandum of Junior

Assistant, dated 14-6-2005.

Ex.P34 — Copy of Office Order of Senior Assistant,

dated 30-6-2005.

Ex.P35— Copy of the Application under the RTI

Act, 2005, dated 8-5-2008.

Ex.P36 — Copy of Memorandum of Junior

Assistant, dated 28-2-2009.

Ex.P37— Copy of the application under the RTI

Act, 2005 for Ramasamy, dated 27-4-2008.

Ex.P38 — Copy of the Matriculation Certificate of

R. Siddardhan, dated 2-6-1978.

Ex.P39 — C o p y o f Te c h n i c a l E d u c a t i o n o f

R. Siddardhan in August 2012.

Ex.P40 — Copy of the Provisional Certificate of

R. Siddardhan, dated 14-7-1997.

Ex.P41 — Copy of the Provisional Certificate of

R. Siddardhan, dated 1-9-1998

Ex.P42 — Copy of the HSC Certificate of

Palanisamy in April 1984.

Ex.P43 — Copy

of

Technical

Education

of

Palanisamy in August 2000.

Ex.P44 — Copy of S.S.L.C. of Palanisamy in

March 1981.

203

25 March 2014]

LA GAZETTE DE L’ETAT

Ex.P45 — Copy of Memorandum for the post of

Junior Assistant, dated 4-1-2008.

Ex.P46 — Copy

of

Technical

Education

of

Sathiyamurthy in August 2000.

Ex.P47— Copy of Master Degree of Sathiyamurthy,

dated 20-11-2008.

Ex.P48 — Copy of Technical Education of Sengeni

in May 1998.

Ex.P49 —Copy of the letter for arrangements for

Training at Bangalore to the Director of

Promotion, dated 24-4-1991.

Ex.P50 — Copy of the letter of sending two person

for Training at Bangalore to the Director

of Promotion, dated 27-4-1991.

Ex.P51 — Copy of the letter from Coffee Board for

Training Programme, dated 29-4-1991.

Ex.P52 — Copy of the letter from Coffee Board for

Training Programme, dated 10-5-1991.

Ex.P53 — Copy of the Permission Letter, dated

23-10-1991.

Ex.P54 — Copy of the Memorandum for maintenance

of Daily Progress Report Register,

dated 15-2-1996.

Ex.P55 — Copy

of

the

Office

Order

for

implementation of the scheme for the

monthly free issue of 10 Kgs. of rice to

Red Card Holder of Puducherry Region,

dated 4-8-2007.

Ex.P56 — Copy of the Office Order for transfer and

posting of Helpers, dated 9-7-1996.

Ex.P57 — Copy of the Office Order of Ramasamy,

dated 7-10-2006.

Ex.P58 — Copy of the Office Order for transfer

and posting of Helper of Ramasamy,

dated 28-6-2003.

Ex.P59 — Copy of Character Certificate, dated

3-6-1991.

Ex.P60 — Copy of S.S.L.C. of Ravi in April 1990.

Ex.P61 — Copy of Technical Education of Ravi in

February 2005.

Ex.P62 — Copy of S.S.L.C. of Balamurugan in

October 1989.

Ex.P63 — Copy

of

Technical

Education

of

Balamurugan in February 2005.

Ex.P64 — Copy of S.S.L.C. of Kumaraguru in

March 1984.

Ex.P65 — Copy of Master Degree of Kumaraguru,

dated 8-12-1998.

Ex.P66 — Copy

of

Technical

Education

of

Kumaraguru in August 2007.

Ex.P67 — Copy of Memorandum for Tentative

Seniority List of Casual Labourers, dated

27-2-1995.

Ex.P68 — Copy of Objection for Tentative

Seniority List of Casual Labourers, dated

8-3-1995.

Ex.P69 — Copy of Memorandum of Casual

Labourers, dated 22-11-1995.

Ex.P70 — Copy of Office Order for Helpers, dated

5-12-1995.

Ex.P71 — Copy of Office Order of Repatriate of

Thiru B. Mohandass, Jr. Assistant,

dated 1-3-1999.

Ex.P72 — Copy of Office Order for posting of

Kumaraguru to discharge the duties of

Cashier, dated 1-3-1999.

Ex.P73 — Copy of letter from Kumaraguru for

willingness to discharge the duties of

Cashier, dated 4-3-1999.

Ex.P74 — Copy of Office Order for Grant of Special

Pay to Kumaraguru for handling cash,

dated 12-7-1999.

Ex.P75 — Copy of inhouse training programme in

accounts, dated 10-12-1999.

Ex.P76 — Copy

of

Technical

Education

of

Murugasamy in August 2005.

Ex.P77 — Copy of Memorandum for post of

Junior Assistant of Murugasamy,

dated 10-6-2005.

Ex.P78 — Copy of S.S.L.C of Murugasamy in

March 1983.

Ex.P79 — Copy of Office Order for Junior

Assistant, dated 30-6-2005.

Ex.P80 — Copy of letter from Ravi regarding RTI

Act, 2005, dated 8-5-2008.

Ex.P81 — Copy of the trial court judgment and decree

and appellate court judgment pertaining

the driver Mariappan (O.S.No. 1539/96,

PDM & A.S. No.110/99 Additional District

Judge), dated 22-12-1998.

204

LA GAZETTE DE L’ETAT

[25 March 2014

Ex.P82 — Copy of the trial court judgment and decree

and appellate court judgment pertaining

the driver Mariappan (O.S.No.1539/96,

PDM & A.S. No. 110/99 Additional District

Judge), dated 22-12-1998.

Ex.P83 — Copy of deposition of witness for

Anbazhagan,dated 9-11-1998.

Ex.P84 — Copy of the trial court judgment and

decree and appellate court judgment

pertaining, the driver Mariappan in A.S.

No.110/99 Additional District Judge,

dated 15-11-2000.

Ex.P85 — Copy of letter from Muthuraman

regarding RTI Act, 2005, dated 8-5-2008.

Ex.P86 — Copy of particulars of staff list eligible

for higher post, dated 10-11-2010.

List of respondent’s witness :

RW1 —V. Sripathy

List of respondent’s exhibits :

Ex.R1 — Authorisation letter, dated 3-2-2013

Ex.R2 — Copy of the recommendations of the

Comptroller-cum-Auditor General of

India as to the dearth of workers and

consequently the decisions as regards

to the recruitment of Junior Assistants

from Helper/Casual Labourers category

(Copy of the Audit Slip No. 18), dated

31-3-1995.

Ex.R3 — Copy of the decision of the Board of the

respondent

Corporation

regarding

absorption of best available talents,

dated 9-6-1995.

Ex.R4 — Copy of the Diploma presented by

V. Kaliyanasundaram and K. Vengada-

chalapathy at the time of promotion to

the post of Junior Assistants, dated

April 1990 and October 1992.

Ex. R5 — Copy of the file pertaining the

recruitment of 1 to 15 whose names find

place in the seniority list and approval

granted by the Board, dated 22-11-1995.

Ex.R6 — Copy of the trial court judgment and

decree and appellate court judgment

pertaining the driver Mariappan (O.S.No.

1539/96, PDM & A.S. No. 110/99 Additional

District Judge), dated 22-12-1998.

Ex.R7 — Copy of the Memorandum of Settlement

arrived between PAPSCO Employees

Union and the Management of

PAPSCO, dated 16-2-1995.

Ex.R8 — Copy of the recruitment rules of the

post of Helper, dated 31-3-1995.

Ex.R9 — Copy of the Memorandum of 25 Casual

Labourers absorbed as Helper posts,

dated 30-3-1995.

Ex.R10 — Copy of the recruitment rules of the post

of Junior Assistants, dated 9-6-1995.

Ex.R11 — Copy of the Memorandum of offer for 17

Junior Assistant posts, dated 24-7-1995.

Ex.R12 — Copy of the recruitment rules of the

post of Driver with copy of the minutes,

dated 4-9-1995.

Ex.R13 — Copy of the Memorandum of offer for 3

Junior Assistant posts, dated 22-11-1995.

Ex.R14 — Copy of the Memorandum of regularisation

of 20 Junior Assistant posts, dated 9-7-2003.

Ex.R15 — Copy of the rentative seniority list of 20

Junior Assistant posts, dated 28-4-2005.

Ex.R16 — Copy of the order of final seniority list

of 20 Junior Assistant posts, dated 10-6-2005.

Ex.R17 — Copy of the Order passed in W.P.

No. 15809 of 2008 by the High Court of

Judicature at Madras, dated 3-3-2010.

Ex.R18 — Copy of the true extract of the

resolutions passed by the Board of

Directors of PAPSCO, dated 23-11-1990.

Ex.R19 — Copy of Staff Service Rules - 1988 of

Pondicherry Agro Service and Industries

Corporation Ltd.

S. MARY ANSELAM,

Presiding Officer,

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 46/Lab./AIL/J/2014, dated 13th March 2014)

NOTIFICATION

Whereas, and award in I.D. (T) No. 8/2011,

dated 27-9-2013 of the Industrial Tribunal, Puducherry

in respect of the industrial dispute between the

management of M/s. Hindustan Unilever Ltd. Detergent

205

25 March 2014]

LA GAZETTE DE L’ETAT

Factory, Vadamangalam, Puducherry and Hindustan

Unilever Employees Union, Puducherry, over declaration

of 8 paid holidays and setting off 2 paid holidays during

the year 2010 violating clause 15 of the 12(3) Settlement,

dated 10-5-2007 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 INDUSTRIAL TRIBUNAL

AT PUDUCHERRY

Present : Tmt. S. MARY ANSELAM, M.A., M.L.,

Presiding Officer,

Industrial Tribunal.

Friday, the 27th day of September 2013.

I.D. (T) No. 8/2011

The President,

M/s. Hindustan Unilever Employees Union,

No. 306, V.O.C. Street, Sudhana Nagar–2,

Nainarmandapam,

Puducherry-605 004.

. . Petitioner

Vs.

The Managing Director,

M/s. Hindustan Unilever Ltd.

Detergent Factory,

N.H. 45A, Vadamangalam,

Puducherry-605 102.

. . Respondent

This industrial dispute coming on this day before me

for hearing in the presence of Thiru S. Sridhar, Advocate

for the petitioner and Thiru L. Sathish, Advocate, for

the respondent upon perusing the case records, 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. 123/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 the dispute raised by Hindustan

Unilever Employees Union (Reg. No. 1534/RTU/2008),

Puducherry against the management of M/s. Hindustan

Unilever Ltd. Detergent Division, Vadamangalam,

Puducherry, over declaration of 8 paid holidays and

setting off two paid holidays during the year 2010

violating clause 15 of the 12(3) Settlement, dated

10-5-2007 is justified ?

(2) If justified, to what relief the workmen are

entitled to ?

(3) To compute the relief in terms of money, if it

can be so computed ?

2. The petitioner in this petition has stated as

follows:

The respondents annual turnover is approximately

` 20,000 crores and its profit is ` 2,000 crores. The

respondent unit engages more than 1,000 workers in

its unit. The 12(3) Settlement, dated 10-5-2007

contained any illegal clauses much less clause 15(5)

of the said agreement was illegal. The union had

signed the 12(3) Settlement, dated 10-5-2007 without

knowledge of its contents and the Conciliation Officer

had shown any benevolence to the respondent

company. The Commissioner of Labour had ever

clarified that the 12(3) Settlement between the

petitioner union and the respondent was in

contravention of the Puducherry Industrial Establishment

National and Festival Holidays Act, 1964 (PIENFHA)

and this respondent ever attempted to violate the

same. Since the respondent offered two additional

days leave in the year 2009, it accepted that clause 15

of the 12(3) Settlement, dated 10-5-2007 was illegal

and inoperative. The Election Commission had written

a letter, dated 12-5-2009 to the Labour Commissioner,

Puduherry, requesting them to advise the respondent

to desist from insisting upon a compensatory

working day on 27-9-2009. The Labour Commissioner

issued any orders, dated 11-9-2009 instructing the

respondent not to compensate the paid holiday

granted on 13-5-2009. The respondent has ever

violated any statute or order and they claim law unto

themselves and it is conducting a separate kingdom.

The respondent cheated members of petitioner union in

signing 12(3) Settlement.

3. The respondent in this counter has stated as

follows:

The petitioner is entitled for any reliefs as claimed

for in the petition especially 4 days paid holidays for

the year 2010 and 2011 and for compensation of

` 11,30,000 and is liable to imprisoned for six months.

The petitioner is further entitled to 10 days of

national and festival holidays for all the future years

206

LA GAZETTE DE L’ETAT

[25 March 2014

to come. The conditions in clause 15 of the 12(3)

Settlement, dated 10-5-2007 to the effect that “it is

agreed that in case the government declares a paid

holiday on account of polling to a National or State

Assembly, such paid holiday will be set off against

one from among the list of 8 declared earlier in the

year. If it is not possible from the list declared for

the year such paid holiday will be set off against the

one from the list for the succeeding year” is violative of

section 135(B) of the Representation of People Act, 1951.

Every employee shall be allowed in each calendar

year a holiday of one whole day on the 26 January,

15 August, 16 August and 2 October and four other

holiday each of one whole day for such festival as

the Inspector may, in consultation with the employer

and the employees, specify in respect of any

industrial establishment. Provided that, if the majority

of the employees so desire the 1st May shall be one

of the four festival holidays aforesaid. Provided

further that if in any calendar year the 26 January,

15 August, 16 August and 2 October falls on a weekly

holiday, every employee shall, in addition to his

normal wages, at his option and subject to the

proviso to sub-section (3) of section 5, be entitled to-

(i) An extra single day's wages, or (ii) Avail himself of

an additional holiday with wages on any other day.

Further it is to be seen that section 3 of the Act

provides for only 8 paid holidays, whereas, the

respondent had volunteered to give two extra days

as national and festival holidays by virtue of

clause 15 of 12(3) Settlement. Therefore, the petitioner

are entitled to 10 days of national and festival

holidays only by virtue of clause 15 of 12 (3)

Settlement and not by virtue of section 3 of the said Act.

When additional benefits are provided by respondent

by virtue of a well reasoned settlement over and

above what is prescribed under the statute, the

respondent is well within its right to regulate those

benefits and prescribe special conditions for availing

those benefits. If clause 15 of 12(3) Settlement is to

be attacked on grounds that it is violative of section 3,

then the additional benefits of 2 paid holidays that

flow from the said clause will also have be struck

down. But the petitioner insists that they should be

given 10 paid holidays as per the settlement, but are

only objecting to the regulations prescribed for

availing those holidays. The petitioner cannot

choose only those portions of settlement which are

beneficial to them and attack the rest of the portions

which imposes certain conditions for enjoyments of

those benefits as null and void.

The respondent had granted a paid holiday on

13-5-2009, but only sought to adjust the same against

one of the 10 paid holidays given to the workers

upon mutual agreement under clause 15 of 12(3)

agreement. Such agreement cannot be termed to be

violative of section 135(B) of Representation of

People Act, 1951. That is the reason why the

respondent is offering two extra days holidays over

and above the statutory requirements, to enable it

off-set the same against any unforeseen public

holidays

declared

by

the

government.

The

respondent submit that 12(3) Settlement has a force

of law under the provisions of Industrial Disputes

Act and it cannot be struck down unless it is

violative of any statute. It is trite proposition that a

settlement cannot be dissected into pieces and the

clauses that are disadvantageous to the workers

cannot be attacked as illegal. A settlement is always

treated as package and benefits and obligations flow

from the same. No party can seek enforcement only

beneficial clauses and seek rejection of no so

beneficial clauses in a settlement. The parties who

have entered into an agreement with their eyes wide

open and that to in the presence of a responsible

government officer, are bound by each and every

terms and conditions of such settlement. Once the

petitioner claim 10 days compulsory holidays as per

terms and conditions of the settlement the

subsequent limb of the same clause entitling the

management to adjust any polling day from the said

10 contractual holidays cannot be rejected as

violative of any provision of law.

5. The point for determination is:

Whether the industrial dispute can be allowed?

6. On the point:

On 10-5-2007 12(3) Settlement was executed now

according to the petitioner clause 15(5) of the said

agreement is illegal. Clause 15 of the 12(3) Agreement

is with regard to paid holidays. Section 3 of the Act

provides for only 8 paid holidays. Whereas in the 12(3)

Settlement the respondent had volunteered to give two

extra days as national and festival holidays, so, the

petitioner is entitled to 10 days of national and festival

holidays only by virtue of clause 15 of 12(3) Settlement

and not by virtue of section 3 of the said Act. If clause 15

of 12(3) Settlement is to be attacked on grounds that it

is violative of section 3 then the additional benefits of

2 paid holidays that flow from the said clause will also

have be struck down. But the petitioner insists that they

should be given 10 paid holidays as per the settlement,

but he is objecting to the regulations prescribed for

availing those holidays when a settlement entered into,

it has to be accepted in toto. The petitioner cannot

choose only those portions of settlement which are

beneficial to him and attack the rest of the portions

which imposes certain conditions for enjoyment of

those benefits as null and void.

207

25 March 2014]

LA GAZETTE DE L’ETAT

7. The respondent had granted a paid holiday

on 13-5-2009 but only sought adjust to the same against

one of the 10 paid holidays given to the workers upon

mutual agreement under clause 15 of 12(3) Agreement.

Such agreement cannot be termed to be violative of

section 135(B) of Representation of People Act, 1951.

The respondent is offering two extra days holidays over

and above the statutory requirements to enable it off-

set the same against any unforeseen public holidays

declared by the government. 12(3) Settlement has a force

of law under the provisions of Industrial Disputes Act.

The settlement is mutually agreed between the parties

and so it cannot be struck down unless it is violative

of any statute. A settlement has always treated as

package and benefits and obligations flow from the

same. No party can seek enforcement only beneficial

clauses and seek rejection of the non-beneficial clauses

in a settlement. The settlement is entered into in the

presence of responsible government officers and so the

parties are bound by each and every terms and

conditions of such settlement. Once the petitioner claim

10 days compulsory holidays as per the terms and

conditions of the settlement. The subsequent limb of

the same clause entitling the management to adjust any

polling day from the said 10 contractual holidays

cannot be rejected as violative of any provision of law.

8. So, it is very clear that clause 15 of the 12(3)

Settlement, dated 10-5-2007 is not violative of any

provision of law and so clause 15 of the 12(3)

Settlement, dated 10-5-2007 is justified.

9. With regard to the question No. 2 and 3 no objection

is raised on the side of the parties with regard to that

there is no agitation in this case. The compromise memo

was filed on the side of the petitioner and the

respondent counsel filed an endorsement that he has

no objection in recording it. And now, the petitioner is

not pressing the petition. So, the petition is dismissed.

Typed to my dictation, corrected and pronounced by me

in the open court on this the 27th day of September, 2013.

S. MARY ANSELAM,

Presiding Officer, Industrial Tribunal.

————

List of witnesses examined for the petitioner :

PW.1 —

3-2-2012 —Ezhumalai

PW.2 — 14-8-2013 —G. Ganesan (Assistant Inspector

of Labour).

List of witness examined for the respondent :

RW.1 —

4-4-2012 —M. Arokia Berdila Anand

(HR

Executive

in

the

Respondent Factory).

List of exhibits marked for the petitioner :

Ex.A1 — Memorandum of Settlement, dated 10-5-2007

Ex.A2 — Letter sent by the Inspector of Factories

to the occupier of the petitioner’s

company, dated 16-12-2009.

Ex.A3 — Form-V. Approved by the Inspector of

Factories, dated 11-12-2008.

Ex.A4 — Circular of the Labour Department,

dated 22-4-2009.

Ex.A5 — Letter by the Election Department,

Puducherry to the Labour Commissioner

of Puducherry, dated 4-5-2009.

Ex.A6 — Order issued by the Labour Commissioner,

dated 11-9-2009.

Ex.A7 — Reply by the respondent to the Labour

Officer, dated 3-11-2010.

Ex.A8 — Letter by the organiser of the Hindustan

Unilever Employees Union, dated 3-9-2009.

List of exhibits marked for the respondent :

Ex.B1 — Pay slip of the petitioner for the month

of October 2011.

Ex.B2 — Form-V issued by the factory Manager

respondent for the year 2010, dated

27-1-2010.

List of exhibits marked through PW.2 :

Ex.X1 — Authorisation letter by Commissioner of

Labour to PW. 2, dated 5-7-2013.

S. MARY ANSELAM,

Presiding Officer, Industrial Tribunal.

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 650/CEO/Exam.Cell/2013-14.

Puducherry, the 27th February 2014.

NOTIFICATION

It is hereby notified that the original S.S.L.C. Mark

Certificate under Register Number 476854 of April 2004, in

respect of P. Kala, an ex-pupil of Kasthuribai Gandhi

Government Girls’ Higher Secondary School, Bahour

is reported to have been lost and beyond the scope of

recovery, it is proposed to issue a duplicate certificate.

If the original certificate is to be found by anybody, it

should be sent to the Director of Government

Examinations, Chennai-6 for cancellation as it is no

longer valid.

R. KALAISELVAN,

Chief Educational Officer.