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

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.

208

LA GAZETTE DE L’ETAT

[25 March 2014

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 485252 of March 2003,

in respect of S. Mahalakshmy, an ex-pupil of

Pavendar Bharathidasan Government Higher Secondary

School, P.S. Palayam is reported to have been lost and

beyond the scope of recovery and 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 cncellation

as it is no longer valid.

R. KALAISELVAN,

Chief Educational Officer.

————

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 650/CEO/Exam.Cell/2012-13.

Puducherry, the 3rd March 2014.

NOTIFICATION

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

Certificate under Register Number 437111 of March 2002,

in respect of V. Thilagavathy, an ex-pupil of Vivekananda

Higher Secondary School, Sellaperumalpet is reported

to have been lost and beyond the scope of recovery and

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.

————

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 650/CEO/Exam.Cell/2012-13.

Puducherry, the 3rd March 2014.

NOTIFICATION

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

Certificate under Register Number 1749514 of April 2012,

in respect of Arvind @ Selvamanikandan. S, an

ex-pupil of Amalorpavam Higher Secondary School,

Puducherry is reported to have been lost and beyond the

scope of recovery and 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.

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (EDUCATION)

(G.O. Ms. No. 83, dated, 13th March 2014)

NOTIFICATION

On attaining the age of superannuation, Dr. S. Varalakshmi,

Principal, Bharathidasan Government College for Women,

Puducherry is admitted into retirement with effect from

the afternoon of 31-3-2014.

(By order)

M. GUNASEKARAN,

Under Secretary to Government (Edn.).

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (WORKS)

(G.O. Ms. No. 16, dated 17th March 2014)

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 A. Palanichamy, Assistant Engineer, Circle-II,

Public Works Department, Puducherry is admitted into

retirement with effect from the afternoon of 31-3-2014.

(By order)

N. SUMATHI,

Joint Secretary to Government (Works).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 48/AIL/Lab./J/2014, dated 18th March 2014)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the employer

of M/s. Tea Shop and Fast Food, KTC, Junction, Mahe

and Mahe Shops and Establishments Workers Union

CITU, Mahe over non-employment of Thiru Yousuf, in

respect of the matter mentioned in the Annexure to this

order;

209

25 March 2014]

LA GAZETTE DE L’ETAT

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 Mahe

Shops and Establishments Workers Union, CITU,

Mahe against M/s. Tea Shop and Fast Food, Mahe

over 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).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 50/AIL/Lab./J/2014, dated 18th March 2014)

NOTIFICATION

Whereas, the Government is of the opinion that

an industrial dispute has arisen between the management

of M/s. Sunbeam Generators Private Limited, Puducherry

and its workman Thiru S. Saravanan, over 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) Whether the dispute raised by the

petitioner Thiru S. Saravanan, against the management

of M/s. Sunbeam Generators Private Limited, Puducherry

over 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).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 51/AIL/Lab./J/2014, dated 18th March 2014)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. Sunbeam Generators Private Limited, Puducherry

and its workman Thiru R. Yoga, over 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.

210

LA GAZETTE DE L’ETAT

[25 March 2014

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

petitioner Thiru R. Yoga, against the management of

M/s. Sunbeam Generators Private Limited, Puducherry

over 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).

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF WOMEN AND CHILD

DEVELOPMENT

Puducherry, the 17th March 2014.

TENDER NOTICE

Sealed tenders offering the rate for a lot are invited

for the purchase of unserviceable items mentioned in

the Annexure in as-is-where-is condition, belonging to

the Department of Women and Child Development,

Puducherry.

2. The tenders in sealed covers superscribed as

“Tender for the purchase of unserviceable items” should

be addressed to the Senior Accounts Officer,

Department of Women and Child Development,

Puducherry-605 013, so as to reach this office on or

before 11.00 a.m. on 9-4-2014. The tenders will be opened

at 11.30 a.m. on the same day in the presence of

tenderers if any.

3. The intending tenderers should deposit an earnest

money deposit of ` 2,000 (Rupees two thousand only).

The earnest money deposit of the unsuccessful

tenderers will be refunded after finalising the tender

and that of the successful tenderer will be forfeited

towards the cost of the items.

4. Further, in the event of successful tenderer failing

to pay the cost in full and lift the items at the agreed

rate at their own expenses within two days from the

date of finalisation of the tender, the earnest money

deposit will be forfeited in favour of the Government

and the concerned tenderer will lose the rights. If the

said last day happens to be a Government holiday, the

date will be extended till the next working day on receipt

of specific request in writing from the tenderer.

5. The undersigned reserves the right to accept or

reject any or all tenders without assigning any reason

thereof. Any contravention of the rules of tender notice

will result in the forfeiture of the earnest money deposit.

6. The unserviceable items can be inspected at the

Anganwadi Centre, Pillaiyar Koil Street, Kottupalayam,

Lawspet, Puducherry-8, on 7th and 8th of April 2014

between 10.00 a.m. and 3.00 p.m.

7. No claim about the quantity, quality and the value

of the sold goods will be admitted. The removal of items

from this office shall be only during working hours.

8. Sales tax will be collected as per existing rates.

ANNEXURE

Sl.

Items

Quantity

No.

(1)

(2)

(3)

No./Nos.

Deksa-big

Deksa-small

Idly pot

Jallikarandi

Dabara-big

Dabara-small

Cooker

Oil-can

Deep dabara

Tumbler

Plate

Jallikarandi

Arivalmanai

Drum

Measure-½ lit.

Zinc drum-big