264

LA GAZETTE DE L’ETAT

[29 April 2014

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 71/Lab./AIL/J/2014, dated 21st April 2014)

NOTIFICATION

Whereas, an award in I. D. (L) No. 26/2011, dated 7-3-2014

of the Labour Court, Puducherry in respect of the

industrial dispute between the Managing Director,

M/s. Hindustan Unilever Ltd. (Tea Unit), Puducherry

and its workman Thiru N. Chandiramogane, over

non-employment 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 PONDICHERRY

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

Presiding Officer (FAC),

Labour Court.

Friday, the 7th day of March 2014

I.D. (L) No. 26/2011

N. Chandiramogane

. . Petitioner

Versus

The Managing Director,

M/s. Hindustan Unilever Ltd. (Tea Unit),

Puducherry.

. . Respondent

This industrial dispute coming on 28-2-2014 for final

hearing before me in the presence of Thiru R. Ravikumar,

Advocate for the petitioner, Thiruvalargal L. Sathish,

T. Pravin, S. Velmurugan, V. Veeraragavan and P. Rajesh,

Advocates 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 has been referred as per

the G.O. Rt. No. 175/ AIL/LAB/J/2011, dated 24-10-2011

for adjudicating the following :

(1) Whether the dispute raised by Thiru

N. Chandramogane, against the management of

M/s. Hindustan Unilever Tea Unit Ltd., Puducherry

over non-employment is justified?

(2) If justified, to what relief the petitioner is

entitled to?

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

of money, if it can be so computed?

2. The facts giving rise to this industrial dispute as

stood exposited from the claim petition runs thus :

The petitioner joined the services of respondent

on 1-6-1998. On 20-1-2011, at about 3.20 p.m.

onwards, petitioner was given a job of supervising

the loading materials into a carrier. He has completed

his assignment at about 5.30 p.m. After 5.30 p.m.

when petitioner was about to start to his home, he

was detained by respondent officers alleging that he

overloaded some item in the carrier on that day.

Respondent management threatened petitioner giving

theft complaint with a local police station. He was

blackmailed to give voluntary resignation, and he

was forced to sign his resignation letter, dated

20-1-2011. On 20-1-2011, the petitioner was detained

inside the factory for the whole night and was

tortured. His cell phone was seized and not talked

to his family members. Principles of natural justice

and fair play was not followed in terminating

petitioner. Voluntary resignation was obtained by

fraud, coercion and undue influence. No charge

sheet, show cause notice has been issued to

petitioner and no explanations were called for the

petitioner. No domestic enquiry was conducted

against petitioner before terminating him as per the

Industrial Disputes Act. Dispute did not get settled

before LOC and get present industrial dispute.

The petitioner claims reinstatement with back wages.

3. Per contra, traversing the averments the claim

statement, the respondent filed the counter with the

averments which runs thus:

Petitioner was employed as Assistant Operator on

1-6-1998 and his services were confirmed on 3-12-1999

as daily rated workman in 1999. Post accident, he

was accommodated in commercial operations in

January 2009 to give him light work. Petitioner's

routine job was to monitor loading and dispatch of

finished goods based on daily indent received by

him from commercial department. While loading

materials in carrier, petitioner was required to be

physically present throughout loading process to

cross check loading cartons and boxes, mark those

loading materials in indent and ultimately sign the

indent sheet after cross checking loaded materials.

265

29 April 2014]

LA GAZETTE DE L’ETAT

Only after petitioner's signature in approval of due

and proper loading of materials in terms of indent,

the loaded vehicle will be moved out of loading area.

On 20-1-2011, petitioner was assigned with job of

loading specific finished materials in lorry bearing

Registration No. TN28AA0235 with a indent for the

items, (1) 3rd 2 kg.-271 cases, (2) 3rd 245 g-153 cases

and (3) Taaza 490g-1 case. Loading of those materials

was done in the presence of petitioner through two

contract workers and after loading the materials in

said lorry, petitioner has signed the indent sheet

confirming that consignment was loaded only as per

indent given by commercial department of

respondent. As part of routine, random checkup, the

truck bearing Registration No.TN28AA0235 was

checked and materials were unloaded excess loading

of materials were found namely (1) 3rd 2 kg.-278 cases

namely 7 cases more than the indent value (2) 3rd

245 g-234 cases namely 81 cases more than the

indent value and (3) Taaza 490 g - 1 case. The

counting was witnessed in the presence of a

Security Guard on duty at loading point, the truck

driver of Varun Logistics, the supervisor of loading

and unloading contract M/s. SNC, two loading

contract labourers. In addition to this, the counting

was done by another employee K. Chandrasekar who

was also working in commercial department, the

Commercial Manager, The Executive and the General

Shift Executives and counting was done individually

by each stakeholder and copies signed by them.

The value of excess items was found in the said

lorry was to the tune of ` 2.85 lakhs. The petitioner

was caught red handed while attempting to steal the

materials and he admitted his guilt and pleaded

mercy. Since materials were recovered and petitioner

was pleading mercy and even volunteered to quit his

job, respondent did not lodged any police complaint

against him to save himself from ignonimity and

avoid any criminal complaint, petitioner voluntarily

resigned his job on 20-1-2011. Since petitioner

voluntarily submitted his resignation letter, he was

relieved from services with immediate effect. Only for

the reason, no domestic enquiry was conducted

against him. Petitioner as an afterthought, to regain

his lost employment, is taking his chances by raising

an industrial dispute on false claims of forcible

resignation. Hence the claims of the petitioner is

neither maintainable in law nor on facts and hence

the claim petition deserves to be dismissed.

4. On the side of the petitioner PW.1 was examined

and Ex.P1 to P10 were marked. Ex.R1 to R3 were marked

in cross-examination of PW.1. Respondent examined its

Senior Executive-HR as RW.1 and marked as Ex.R4

to R15. Respondent summoned RW.2 - Mr. Kuppusamy,

RW.3 - Mr. Chandrasekar, RW.4 - Mr. Veeramani who

witnessed process of counting and found that there

was excess loading in the lorry bearing Registration

No. TN28AA0235.

5. The point for consideration is:

Whether the industrial dispute can be allowed?

6. On this point:

Ex.R1, dated 20-1-2011 is the resignation letter of the

petitioner. Ex.P2, dated 21-1-2011 is the letter given by

respondent accepting petitioner’s resignation and

relieving him from service. It is also countersigned by

petitioner. PW.1 admitted having executed Ex.R1 and P2.

RW.3 is also a co-employee of petitioner and he stood

witness to Ex.R1 and he also spoken about execution

of Ex.R1 by the petitioner. So, it is an admitted fact that

the petitioner gave Ex.R1 which is his letter of

resignation. But the petitioner challenges Ex.R1 on the

ground that it was obtained by force and coercion and

threat. So the burden of proving coercion in executing

Ex.R1 is on petitioner, on the side of the respondent CDJ

2013 MHC 3683, 2012 LLR 1276 and 2003 LLR 618 are

pressed into service. As per the above citation, CDJ

2013 MHC 3683 Burden of proving duress in submitting

resignation letter is on petitioner, once resignation letter

is accepted the same cannot be withdrawn. In order to

prove coercion on the part of the respondent no

independent witness was examined and no document

produced to prove petitioner's contention. No

independent witness was examined on his side to prove

coercion or undue influence in executing Ex.R1. If the

petitioner was forced to sit inside a cabin from 5.30 p.m.

to 3.30 a.m. it was witnessed by workers, officers and

security guards of the factory. Petitioner could have

examined at least one of them to prove such coercion.

The non-examination of some of the workers in the

factory is affecting the case of the petitioner. In Ex.P4,

dated 21-1-2011 petitioner claimed that Mr. Subburayan,

management representative, Mr. Hariharan, Production

Manager, Mr. Subramani, the Factory Manager,

Mr. Nagarajan, H.R Manager of P.P factory, Vadamangalam,

Mr. Sanjay, Commercial Manager, Mr. Loganathan, Baskaran,

Miss. Vijayalakshmi, Mr. Iyyasamy, Security Officer,

Mr. Kannan and Govindan were present when petitioner

signed Ex.R1 and they forced petitioner to sign his

resignation letter. None of them were summoned and

examined by petitioner to prove his case.

7. It was stated on the side of the petitioner he was

relieved only by 3.00 a.m. when his normal duty time

ended by 5.30 p.m. But he did not examine the family

members to substantiate these facts. Further the

petitioner nor his family members never gave a

complaint against the respondent for the wrongful

restraint, criminal intimidation or obtaining a false

document by coercion and force. The petitioner received

the relieving order without any objection.

266

LA GAZETTE DE L’ETAT

[29 April 2014

In this regard 2009 LLR 1209 is pressed into the

service.

No employer would like to retain such an employee

who is not trustworthy, is dishonest, is a thief and

who keeps his personal interests and that too by

dishonest intentions before the interest of the

employer.

So, it is proved through reliable evidence that the

petitioner was detained in the office till 3.30 a.m. in

the next morning cannot be believed even for that

moment. It is argued on the side of the respondent

that the petitioner challenged Ex.R1 belatedly and

only with LOC. The petitioner did not raise any

protest with respondent on the very next day namely

21-1-2011 or even on subsequent days. He approached

the LOC only on 24-1-2011 namely 4 days from the date

of his resignation. According to the petitioner he

gave Ex.P3 letter, dated 21-1-2011 to the respondent.

But there is no proof of service, petitioner gave

Ex.P4, dated 21-1-2011 to LOC only on 25-1-2011

namely only after respondent submitted Ex.R15 to

SP Rural.

In this connection 2003 (5) Bombay CR 153 is

pressed into the service on the side of the

respondent.

As per the above decision, in the above case it is

held there is no hesitation in concluding that the

teacher tendered voluntary resignation due to fear of

the exposure and social scandal as a result of his

unnatural activities. Mere telling the delinquent

workman that he was caught red handed while

committing the theft of company’s property and that

he was handed over to the police cannot be

construed to be use of force or coercion. It is only

to make him aware of the next consequence of his

behavior. So, it is not possible to accept the version

of the workman that he was forced and coerced to

sign the resignation letter.

So, it is held that he cannot be reinstated. In the

present case also no police complaint was given no

family member was examined, no worker from the

company is examined. So, Ex.R1 was obtained by

force and coercion is not proved by the petitioner in

this case. PW.1 in his cross-examination stated that

on 20-1-2011, he did his work in a routine way and

there was absolutely no untoward incident warranting

his detention and obtaining his resignation. In order

to compelled the petitioner to sign, Ex.R1 there must

have been grave circumstance that warranted his

detention, so the case of the petitioner that he was

asked by the management and compelled him to

resign for absolutely no reason is unbelievable.

Ex.R2 is admittedly a handwritten letter given by the

petitioner at 7.50 p.m. wherein he has in his own

handwriting categorically admitted that he has loaded

excess materials that what he was required to load

in the lorry. Ex.R2 completely belies the petitioner

and gives a solid reason for petitioner submitting his

resignation. It is clear admission of the attempted

theft of petitioner, which was followed by his

resignation letter in Ex.R1. Once theft is admitted by

the petitioner and he has resigned to escape further

prosecution, the petitioner cannot challenge the

resignation alone.

In this regard CDJ 1996 GHC 046 is pressed into

service on the side of the respondent.

As per the decision, the petitioner in his own

handwriting admitted that he had taken two copper

conductors with silver bolt and that was his serious

mistake and he also sought pardon. This letter was

followed by letter of resignation on the same date.

Stating therein that he voluntarily gives up the job

and no criminal case be pursued against him so that

his reputation is not damaged. In view of the

aforesaid letter of resignation, the respondent

company accepted the resignation on the very date.

Thereafter, the petitioner took somersault view and

submitted that he had admitted his guilt and had

given the resignation under threat and coercion. It

is also the case of the petitioner that the company

did not pursue the criminal case against the

petitioner thereafter and no police action was taken

against him. The resignation challenged on the

grounds of coercion was disbelieved by the court so

accepting the above decision in the present case

also there is no possibility to believe that Ex.R1 is

obtained by coercion.

It is argued on the side of the petitioner that no

domestic enquiry was conducted in his case and so

his termination is not legal. In the present case, the

petitioner was caught red handed and in order to

avoid

the

criminal

prosecution

and

other

consequences he did resign voluntarily and so there

is no absolutely no domestic enquiry. As soon as the

resignation was accepted by the respondent the

employer employee stood severed and there was no

scope for conducting no domestic enquiry.

Clause 29 of the Certified Standing Order of the

respondent would read as follows:

Resignation - Workmen who desire to leave the

company's service shall give to company the same

notice as company is required to give them under

these Standing Orders. Provided that when a

workmen

gives

notice

of

resignation,

the

management shall be entitled to accept it with the

immediate effect or at any time before the expiry of

notice period. No resignation once submitted can

267

29 April 2014]

LA GAZETTE DE L’ETAT

be withdrawn except with the permission of the

management. So, in this case there is no scope for

conducting domestic enquiry against the petitioner.

8. Further the misconduct proved before the court

even in the absence of domestic enquiry. It is settled

proposition of law that management is entitled to lead

evidence before Labour Court and prove the alleged

misconduct and justify the reasons for discharge,

dismissal, retrenchment, termination or non-employment

of worker. The petitioner cannot be reinstated in service

as the respondent has proved with cogent oral and

documentary evidence. The petitioner was caught red

handed trying to load excess materials of the company

with intentions of stealing the same. Excess material was

loaded in the carrier is proved in this case. Ex.R3 is

the manual sheet, containing the exact amount of

materials that it was required to be loaded by the

petitioner. It was duly signed by the petitioner. Ex.R2

is the hand written letter of petitioner admitting the

excess loading. RW.1 to RW.4 clearly gave evidence

that excess materials was found in such recounting,

enquiry conducted with the respondent by the petitioner

and resignation letter submitted by the petitioner.

Ex.R5 to R13 are the hand written letters given by

eyewitnesses about excess loading of materials by the

petitioner. Nothing was elucidated in the cross-

examination to discredit the evidence of the witnesses.

So, the evidence produced on the side of the

respondent clearly point out that petitioner attempted

to commit theft of materials and caught red handed and

only to save himself he has voluntarily resigned his job.

As per 2005 (5) Allahabad 360

In the above case, it is stated if resignation is

voluntary and accepted no domestic enquiry is

required. Even in case of no domestic enquiry

Tribunal must give opportunity to management to

prove charges and appreciate the evidence. Once

theft by worker is proved then there is no question

of reinstatement. In the present case also theft is

proved through oral and documentary evidence.

So, there is no possibility of reinstating the petitioner.

On the side of the petitioner, it is stated that some

discrepancies are found in the evidence of RW.1 to

RW.4 those discrepancies are minor in nature and

those minor discrepancies are not sufficient for the

petitioner to escape from criminal conduct.

As per 2004 STPL (LE) 34188 SC

Some amount of evidence is sufficient to prove

the guilt of delinquent.

The prayer in the claim statement is the

reinstatement of the petitioner. Since the petitioner

is caught red handed while he was attempting to

steal the properties of respondent the respondent

cannot take back such unscrupulous person into its

employment as it shall send wrong signals amongst

the other workers is the argument of the respondent.

Respondent has lost confidence on the petitioner.

The most important element of trust, confidence faith

are essential for the employer employee relationship

that trust and faith are completely lost and the

petitioner cannot be reinstated.

As per 2009 LLR 1209 : Punjab and Haryana

High Court

Loss of confidence management cannot retain

workers who have committed theft so there is no

possibility to reinstate the petitioner into the

respondent management.

9. It is stated on the side of the respondent that

Ex.R2 and other exhibits are not mentioned in the reply

letter which was filed before the Conciliation Officer so

those documents are forged by the respondent

management for the purpose of this case. It is not

stated on the side of the petitioner that what was the

enmity and what was the reason for the management to

foist false case against the petitioner. Without proving

the enmity there is no possibility to believe that the

exhibits are forged by the respondents. Another

argument put forward by the petitioner is that no action

was taken against the employees who were also

responsible for loading excess materials into the carrier.

Admittedly, the petitioner was the person who was

responsible for loading the material into the carrier as

per the indent so there is no necessity to take action

against the other employees who have loaded the

excess material into the lorry. Taking into consideration

of all above said aspects that there is every possibility

to believe that Ex.R1 resignation letter was given by the

petitioner and there is no sufficient evidence to prove

that the resignation letter was obtained by use of force

and coercion. Since the petitioner had voluntarily

resigned his job and resignation letter was accepted by

management and there is no possibility to allow this

industrial dispute. The allegation of theft against the

petitioner is proved by oral and documentary evidence

so, there is no possibility to reinstate the petitioner in

his service, with the continuity of service and back

wages. Since the resignation letter is given voluntary

by the petitioner, there is no possibility to set aside the

resignation letter dated 20-1-2011.

10. In the result, the claim made by the petitioner is

dismissed. No costs.

Typed to my dictation, corrected and pronounced

by me in the open court on this the 7th day of

March 2014.

S. MARY ANSELAM,

Presiding Officer,

Labour Court (FAC), Puducherry.

268

LA GAZETTE DE L’ETAT

[29 April 2014

List of petitioner’s witness:

PW.1 — 22-10-2012 — N. Chandiramogane

List of respondent’s witnesses:

RW.1 — 15-3-2013 — R. Vijaylaxmi

RW.2 — 10-7-2013 — S. Kuppusamy

RW.3 — 10-7-2013 — K. Chandrasekar

RW.4 — 10-7-2013 — V. Veeramani

List of petitioner’s exhibits:

Ex.P1

— Payslip of the petitioner for the month

of October 2010.

Ex.P2

— Relieving letter issued to petitioner by

respondent, dated 21-1-2011.

Ex.P3 — Copy of letter given by petitioner to

respondent, dated 21-1-2011.

Ex.P4

— Copy of letter given by petitioner

to Labour Officer (Conciliation), dated

21-1-2011.

Ex.P5

— Copy of letter sent by Labour Union

to Labour Officer (Conciliation), dated

24-1-2011.

Ex.P6

— Copy of notice of enquiry/conciliation

from Labour Officer (Conciliation),

dated 17-2-2011.

Ex.P7

— Reply version of the respondent in tamil

language, dated 14-2-2011.

Ex.P8

— Rejoinder of the petitioner to his letter,

dated 2-5-2011.

Ex.P9

— Additional counter of the respondent,

dated 26-5-2011.

Ex.P10 — Report on failure of Conciliation, dated

28-7-2011.

List of respondent’s exhibits:

Ex.R1 — Copy of the letter given by petitioner

to respondent, dated 20-1-2011.

Ex.R2

— FG Plan, dated 20-1-2011.

Ex.R3 — Delivery note of Hindustan Unilever

Limited, dated 20-1-2011.

Ex.R4

— Photocopy of the shift schedule,

dated 14-1-2011.

Ex.R5

— Photocopy of the list of baggage

c o u n t e d a n d h a n d w r i t t e n b y

Mr. K.Chandrasekar after unloading the

boxes from the lorry No. TN28AA0235,

dated 20-1-2011.

Ex.R6

—

Photocopy of the list of baggage

c o u n t e d a n d h a n d w r i t t e n b y

Mr. Kuppusamy after unloading the

boxes from the lorry No. TN28AA0235

along with his letter, dated 20-1-2011.

Ex.R7

— Photocopy of the list of baggage

counted

and

hand

written

by

petitioner after unloading the boxes

from the lorry No. TN28AA0235,

dated 20-1-2011.

Ex.R8

— Photocopy of the list of baggage

c o u n t e d a n d h a n d w r i t t e n b y

Mr. Veeramani after unloading the

boxes from the lorry No. TN28AA0235,

dated 20-1-2011.

Ex.R9

— Photocopy of the list of baggage

counted

and

hand

written

by

Mr.Gurunathan after unloading the

boxes from the lorry No. TN28AA0235

which was acknowledged by the

petitioner herein, dated 20-1-2011.

Ex.R10 — Photocopy of the list of baggage

c o u n t e d a n d h a n d w r i t t e n b y

Mr. Pannerselvam after unloading the

boxes from the lorry No. TN28AA0235

dated 20-1-2011.

Ex.R11 — Photocopy of the list of baggage

counted and hand written by

Mr. V. Selvam after unloading the boxes

from the lorry No. TN28AA0235,

dated 20-1-2011.

Ex.R12 —

Photocopy of the list of baggage

c o u n t e d a n d h a n d w r i t t e n b y

Mr. Sedhupathi after unloading the

boxes from the lorry No. TN28AA0235

dated 20-1-2011.

Ex.R13 — Photocopy of the list of baggage

c o u n t e d a n d h a n d w r i t t e n b y

Mr. Thamizhmani (Driver of the vehicle)

after unloading the boxes from the

lorry No. TN28AA0235, dated 20-1-2011.

Ex.R14 — Photocopy of the consignment note for

Varun Logistics along with Stock

Transfer Note, Loading counting sheet

and Delivery Note, dated 20-1-2011.

Ex.R15 — Photocopy of letter sent by respondent

to the Superintendent of Police (Rural),

Thavalakuppam, dated 24-1-2011.

S. MARY ANSELAM,

Presiding Officer,

Labour Court (FAC), Puducherry.

269

29 April 2014]

LA GAZETTE DE L’ETAT

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 72/Lab./AIL/J/2014, dated 21st April 2014)

NOTIFICATION

Whereas, the award in I. D. (L) No. 100/2012, dated 5-9-2013

of the Labour Court, Puducherry in respect of the

industrial dispute between the Sunbeam Generators

Thozhilalargal Sangam (Affiliated with Bharathiya

Mazdoor Sangam), Puducherry against the Managing

Director, Sunbeam Generators (P) Ltd., Puducherry,

o v e r n o n - e m p l o y m e n t o f 5 w o r k m e n v i z . ,

(1) K. Dakshinamoorthy, (2) N. Siva, (3) A. Sankar,

(4) P. Mukunthan and (5) I. Raja 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 PONDICHERRY

Present :

Thiru T. MOHANDASS, M.A., M.L.,

Presiding Officer, Labour Court.

Thursday, the 5th day of September 2013.

I.D. (L) No. 100/2012

The President,

Sunbeam Generators Thozhilalargal

Sangam, Puducherry.

. . Petitioner

Versus

The Managing Director,

Sunbeam Generator (P) Ltd.,

Koodapakkam, Puducherry

. . Respondent

This industrial dispute coming on this day before me

for hearing in the presence of Thiru A.K. Thirumurugan,

Advocate for the petitioner, Thiru R. Ilanchelian and

Ms. R. Thilagavathi, Advocates 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. 215/AIL/Lab./J/2012, dated 10-12-2012 of the Labour

Department, Puducherry to resolve the following dispute

between the petitioners and the respondent, viz.,

(1) Whether the dispute raised by the petitioner

union Sunbeam Generators Thozhilalargal Sangam

(Affiliated with Bharathiya Mazdoor Sangam) against

the management of M/s. Sunbeam Generators Private

Limited, Puducherry, over non-employment of 5

workmen viz., Thiruvalargal (1) K. Dakshinamoorthy,

(2) N. Siva, (3) A. Sankar, (4) P. Mukunthan and

(5) I. Raja is justified?

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

entitled to?

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

of money, if it can be so computed?

2. Notice was ordered to be issued to the respondent.

Thiru R. Ilanchezhiyan, Advocate filed Form ‘F’ for the

respondent. The above matter was posted for filing of

counter by the respondent to 8-3-2013, 27-3-2013,

3-4-2013, 26-4-2013, 24-5-2013, 31-5-2013, 5-6-2013,

12-6-2013, 28-6-2013, 10-7-2013, 24-7-2013, 5-8-2013,

12-8-2013 and 14-8-2013. But, in spite of several

opportunities given, no counter was filed on the side

of the respondent. Today the respondent was called

absent and set ex parte.

3. The President of the petitioner union was

examined as PW.1 and Ex.P1 to Ex.P5 were marked. The

documents filed under Ex.P1 to Ex.P5 by the petitioner

side are proved their case. Hence, the respondent is

directed to reinstate the petitioner into service with full

back wages and continuity of service and other benefits

with costs.

Typed to my dictation, corrected and pronounced by me

in the open court on this the 5th day of September 2013.

T. MOHANDASS,

Presiding Officer, Labour Court,

Puducherry.

————

List of witness examined for the petitioner :

PW.1 —

3-9-2013 —Jayachandran

List of witness examined for the respondent : Nil

List of exhibits marked for the petitioner :

Ex.P1

— Copy of the E.S.I. identity card of

Dakshinamoorthy.

Ex.P2

— Copy of the identity card of the company

Ex.P3

— Copy of the E.S.I. identity card of Siva

Ex.P4

— Copy of the provident fund receipt of

Raja.

Ex.P5

— Copy of the appointment letter of

Mugunthan.

List of exhibits marked for the respondent : Nil

T. MOHANDASS,

Presiding Officer, Labour Court,

Puducherry.