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.