252

LA GAZETTE DE L’ETAT

[22 April 2014

8. The respondent clearly states that it has given 5

additional manpower to the NSD plant for the

installation of new machines. Earlier there were 35

workmen allocated to 6 machines and currently 40

workmen are allocated for 8 machines. Hence, there is

proportionate increase in manning for the additional

machines.

The 12(3) settlement, dated 10-5-2007 contains

clauses pertaining to productivity, production process

and manning for all operations. The incentive scheme

is worked out on the basis of output and productivity

and the respondent is implementing all such process in

accordance with the 12(3) settlement. In fact all the

employees are getting additional incentives for the

proportionate increase in production along with

adequate increase in manning for each process. After

the settlement the incentive is being calculated on the

basis of Overall Equipment Efficiency method so there

is no reduction in the incentive amount.

9. The 12(3) settlement, dated 10-5-2007 is agreed by

both the parties and the agreement was entered into in

the presence of the responsible Government Officers.

So, the parties are bound by each and every terms and

conditions of such settlement. Once the agreement is

accepted it has to be accepted in toto and partial

acceptance is not possible. No party can seek

enforcement only beneficiary clauses and seek rejection

of non-beneficiary clauses in settlement. So, it is very

clear that the 12(3) settlement, dated 10-5-2007 is

justifiable one. In this case a compromise memo was

filed on the side of the petitioner and the respondent

counsel endorsed no objection in it. Since, the parties

have settled the matter 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 witness examined for the petitioner:

PW. 1

— 4-11-2011— Ezhumalai

List of witnesses examined for the respondent:

RW. 1

— A u g u s t 2 0 1 2 — S . G u r u m o o r t h y

(Maintenance

Executive

in

the

respondent factory).

RW. 2

— 31-3-2012—Santosh Sahakari (Manufacturing

Manager in the respondent detergent

factory).

List of exhibits marked for the pettinioner:

Ex.P1

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

Ex.P2

— Copy of the letter sent by the petitioner

to the respondent, dated 26-2-2009.

Ex.P3

— Copy of the letter sent by the petitioner

to the respondent, dated 5-3-2009.

Ex.P4

— Copy of the letter sent by the petitioner

to the respondent, dated 25-3-2009.

Ex.P5

— Copy of the letter sent by the petitioner

to the Labour Commissioner/ Labour

Officer,

Conciliation,

Labour

Department, Puducherry, dated 12-6-2009.

Ex.P6

— Copy of the letter sent by the petitioner

to the Labour Commissioner/ Labour

Officer-Conciliation, Labour Department,

Puducherry, dated 12-6-2009.

Ex.P7

— Letter sent by the respondent to the

petitioner, dated 27-6-2009.

Ex.P8

— Copy of the letter sent by the petitioner

to the Commissioner/ the Conciliation

Officer, Labour Department, Puducherry,

dated 30-6-2009.

Ex.P9

— Copy of the letter sent by the

petitioner to the Conciliation Officer,

Labour

Department, Puducherry,

dated 8-7-2009.

Ex.P10

— Copy of the letter sent by the petitioner

to the Conciliation Officer , Labour

Department, Puducherry, dated 8-7-2009.

Ex.P11 — Copy of the letter sent by the petitioner

to the Conciliation Officer, Labour

Department, Puducherry, dated 1-3-2010.

List of exhibits marked for the respondent :

Ex.R1

— NSD bar VIM cascade

Ex.R2

— Copy of the layout.

Ex.R3

— Cascade - 1 Bulk bagging station

Ex.R4

— Copy of production incentive table.

S. MARY ANSELAM,

Presiding Officer,

Industrial Tribunal.

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G.O. Ms. No. 24, dated 8th April 2014)

NOTIFICATION

In pursuance of the Order No. 14046/36/2005-UTS-I,

dated 27-2-2014 of the Ministry of Home Affairs, New Delhi

and on having reported for duty in this Administration on

the forenoon of 28-3-2014, Shri K. Jegadesan, I.P.S.

(AGMU: 1998) is appointed as Deputy Inspector-General of

Police, Puducherry.

253

22 April 2014]

LA GAZETTE DE L’ETAT

2. Shri K. Jegadesan, I.P.S., Deputy Inspector-General of

Police, shall draw his pay and allowances against the

ex-cadre post of Managing Director, Pondicherry Backward

Class and Minority Development Corporation, Puducherry

until further orders.

(By order of the Lieutenant-Governor)

CHETAN B SANGHI,

Chief Secretary to Government

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

NO. 7234/LAB/E/2010.

Puducherry, the 9th April 2014.

NOTIFICATION

It is hereby informed that the original Provisional

National Trade Certificate and National Trade

Certificate of Thiru R. Rajendiran, an ex-trainee of

Government Industrial Training Institute (Men),

Mettupalayam, Puducherry in the trade of Mechanic

(Refrigeration and Air-conditioning) for the period

from August 2006 to July 2008 is reported to have

been lost due to fire accident and it is proposed to

issue duplicate certificate to the candidate.

G. SRINIVAS,

Director of Employment and Training.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 64/AIL/Lab./J/2014, dated 10th April 2014)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. Abirami Soap Works, Puducherry and its

7 employees viz., (1) E. Murugan, (2) A. Veerasami,

(3) R. Raja, (4) M. Lingeswaran, (5) L. Pachaiappan,

(6) L. Gnanamurthy and (7) M. Kannan represented by

Puthiya Jananayaga Thozhilalar Munnani, over transfer

of employees resulting in 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. 20/91/Lab., dated 23-5-1991of the

Labour Department, Puducherry to exercise the powers

conferred by clause (d) 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 submit 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 Puthiya

Jananayaga Thozhilalar Munnani against the

management of M/s. Abirami Soap Works, Korkadu,

Puducherry, over transfer of employees resulting in

non-employment of Thiruvalargal (1) E. Murugan,

(2) A. Veerasami, (3) R. Raja, (4) M. Lingeswaran,

(5) L. Pachaiappan, (6) L. Gnanamurthy and

(7) M. Kannan is justified? If justified, what relief the

workmen are 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

DIRECTORATE OF SCHOOL EDUCATION

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

Puducherry, the 29th March 2014.

RE-TENDER NOTICE

Sealed tenders are invited for the sale of old

condemned furniture items of the Office of the Chief

Educational Officer, Puducherry in as-is-where-is

condition on 29-5-2014.

2. The tenders in plain paper should be sealed and

addressed to the Chief Educational Officer, Directorate

of School Education, Puducherry duly superscribing on

the envelope as “Tender for the purchase of old

condemned furniture items” and sent to reach the

undersigned on or before 29-5-2014 at 4.00 p.m. The

tenders will be opened on the same day at 4.30 p.m. in

the presence of the tenderers, who are present.