530

LA GAZETTE DE L’ETAT

[22 July 2014

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 106/Lab./AIL/J/2014, dated 1st July 2014)

NOTIFICATION

Whereas, the award in I. D. (T) No. 8/2008, dated 13-6-2014

of the Industrial Tribunal, Puducherry in respect of the

industrial dispute between the management of

M/s. Alagulakshmi Industry, Puducherry and Puducherry

Manila Pattali Thozhil Sangam, Puducherry, over closure

of the unit 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

PONDICHERRY

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

Presiding Officer (FAC),

Industrial Tribunal.

Friday, the 13th day of June 2014

I.D. (T) No. 8/2008

The President,

Puducherry Manila Pattali Thozhil Sangam,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Alagulakshmi Industry,

Nettapakkam, Puducherry.

. . Respondent

This industrial dispute coming on this day before me

for hearing in the presence of Thiru Durai Arumugam,

Counsel for the petitioner and Thiru L. Vinoba,

Advocate for the respondent, upon hearing both sides,

upon perusing the case records, after having stood over

till this day, this court passed the following:

AWARD

The industrial dispute arises out of the reference

made by the Government of Puducherry vide G.O. Rt.

No. 105/AIL/Lab./J/2008, dated 30-6-2008 of the Labour

Department, Puducherry to resolve the following

dispute between the petitioner and the respondent, viz.,

(a) Whether the dispute raised by the Puducherry

Manila Pattali Thozhil Sangam against the

management of M/s. Alagulakshmi Industry, Puducherry

over closure of the unit is justified or not?

(b) To what relief, the workmen are entitled to?

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

of money, if it can be so computed?

2. The petitioner in his petition has stated as follows:

The respondent company is manufacturing

calcium-carbide from 1999 onwards 15 male and 15

female are working there for nine years. Similar

company was in Karaikal and i.e. its branch. The

workers tried to start a union. So on 2-5-2007 onwards

production was temporarily stopped. It is an unfair

labour practice. While, the dispute was under

enquiry.

Palani,

Devaraj,

Senthilkumar

and

Venkatesan were punished under false charges, after

conducting an enquiry which is against natural

justice. So the dismissal order of those workers are

to be cancelled, so the temporary stoppage of

production is to be declared as illegal and gave

continuity of service to all workers with back wages

and work.

3. The respondent in this counter has stated as

follows:

Respondent company is a small scale industry

manufacturing a chemical called calcium-carbide from

1999 till April 2007. Due to the threats of disruption

and destruction made by some of the workers,

production came to a halt. During the last week of

April 2007 namely on 25-4-2007 a local person by

name Purushothaman demanded money from them

which was refused by the management. So, on his

instigation some of the workers tried to form a union,

respondent informed to the Labour Commissioner by

a representation, dated 25-4-2007. Then, some

workers poured water in the lorry which carried the

stock and thereby attempted to cause huge loss from

the management. Respondent knowing it immediately

gave a complaint on 2-5-2007 requesting action and

demanding protection to the company. It prevented

damage to the production. So, the management

suspend the production for time being. They gave a

written representation to the Labour Commissioner.

On 3-5-2007 Purushothaman along with Pandurangan

and four other co-workers Devaraj, Subrayalu,

Venkatesan, Senthilkumar and Palani entered into the

company premises and attempted to assault Arivalagan

of the respondent company and shouted by using

filthy language. Arivalagan gave a written representation

on 3-5-2007 addressed to the Manager. He gave a

complaint to the Police. Then, management issued

show cause notice to the four workers. Since, their

reply was not satisfactory, domestic enquiry was

conducted. In that enquiry finding was given on

531

22 July 2014]

LA GAZETTE DE L’ETAT

22-10-2007 and all four workers were found guilty. It

was brought to the knowledge of Labour Officer

(Conciliation) on 15-11-2007 for approval. The

company employed 17 workers muster roll proves it.

Further no woman worker was employed at any point

of time. Respondent had no branch at Karaikal.

Petitioner is not a recognised trade union petitioners

union was dissolved by its parent body prior to the

filing of this petition. So, the so called president is

no more holding his office and no locus standi to

raise a dispute under the Industrial Disputes Act.

4. On the side of the petitioner, PW1 was examined,

and the side of the respondent RW1 was examined. On

the petitioners side Ex.P1 to Ex.P5 were marked. On the

side of the respondent, Ex.R1 to Ex.R21 were marked.

5. The point for determination is—

Whether the industrial dispute can be allowed?

6. On the point:

According to the petitioner 15 men and 15 women

workers are working in the respondent industry. As per

claim statement but, as per the proof affidavit filed by

PW1 20 men and 10 women workers are working in the

industry. According to the respondent only 17 persons

are working in the industry and no women worker are

working in the industry. So, the total number of workers

working in the respondent factory is to be proved by

the petitioner. With regard to that aspect no document

was filed on the side of the petitioners. But, on the side

of the respondent the copy of the muster roll is marked

as Ex.R6. As per Ex.R6 only 17 workers are employed in

the respondent factory and no women worker was

employed in their factory. So, the case of the petitioner

that more than 30 members are working in the factory

is not proved in this case.

In this regard PW1 in his cross-examination deposed

as follows:





It is further stated on the side of the petitioner that

the respondent did not maintain attendance register and

has not provided E.S.I., E.P.F., E.L., C.L. and minimum

wages to the workers. But, the respondent has proved

beyond the reasonable doubt that proper attendance

register was maintained and ESI contribution was made

through Ex.R5 and R21. The order passed in I.A 123/2013

would establish that E.S.I. contribution was made by the

respondent right from 2002 till temporary suspension.

Since the respondent did not employ sufficient number

of employees to subject itself within the purview of the

Employees Provident Fund and Miscellaneous Provisions

Act, 1952, its employees are not eligible for the benefits

under the Act. The muster roll are marked as Ex.R6 would

establish that the employees are availing earned leave

and casual leave. So, the petitioner’s case that the

respondent did not maintain proper records is proved

to be a false one.

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

petitioner union is not a recognised trade union and in

fact the petitioner organisation has been dissolved by

its parent body prior to the filing of this petition before

this court. Therefore, the so called President who is

representing the petitioner is no more holding this office

and as such he has no locus standi to raise a dispute

under the Industrial Disputes Act. In this regard PW1

in his cross-examination deposed as follows:



So, it is clear that the petitioner union is not a

registered one and so, the respondent who is representing

the petitioner has no locus standi to raise a dispute

under the Industrial Disputes Act. Further, the

petitioner did not furnish the list of employees on whose

behalf, it is agitating the present claim. The list of

employees is not found in the claim petition as well as

in the proof affidavit also. So, the claim petition filed by

the petitioner is devoid of material particulars, such as

the name of the employee, the year of employment etc.

On this ground also the claim petition is not bona fide.

8. It is stated on the side of the petitioners that the

suspension of work, dated 2-5-2007 is illegal because

no requisition was given to the Government and the

copy of it is not sent to the workers and the union. It

is stated on the side of the respondent that with regard

to the suspension of work, representation was given to

Labour Commissioner on 2-5-2007 itself and it is marked

as Ex.R3. Further, if the number of workers employed in

the factory is less than 100, there is no necessity to

obtain the permission of the Government with regard

to the closure of factory.

As per 1963 3 SCR 130 closure cannot give rise to

an industrial dispute. In the present case the production

in the company came to a grinding halt with the threats

of disruption and destruction held by some of the

workers. The disruption and destruction threats made

by the workers is proved by the representation sent to

the Deputy Labour Commissioner, Puducherry, through

a representation, dated 25-4-2007. Likewise, with regard

to the attempt to cause destruction to the company

properties complaint was sent to the Superintendent of

Police, Rural, Puducherry, dated 2-5-2007. Due to that

only the production was suspended for the time being.

With regard to the criminal trespass made by one

Purushothaman and other company labourers, co-worker

Arivalagan gave a complaint on 3-5-2007 addressed to

the Manager, on the basis of that representation police

complaint was given for taking appropriate action.

Afterwards, the management issued show cause notice

532

LA GAZETTE DE L’ETAT

[22 July 2014

to all the four labourers. Then, domestic enquiry was

conducted and all the four labourers were found guilty

of the charges. The order passed by the Enquiry Officer

was brought to the knowledge of the Labour Officer

(Conciliation) through a representation, dated 15-11-2007

for approval. Under section 33(2)(b) of the Industrial

Disputes Act. All the above facts were suppressed by

the petitioner in his claim petition. So, the temporary

suspension of work announced by the factory is not

an illegal one. As per 1979 (3) SCC 762 closure-propriety

of or justification for the closure of business, in fact

and truly effected, cannot raise an industrial dispute as

contemplated by the State and Central Acts. So, in the

present case also for the closure of the business there

are justifiable grounds in support of the management.

Further PW1 admits in his evidence as follows:

MRF











Jothi

Engineering

So, the persons who have faced to the domestic

enquiry and who were removed from the service of the

respondent, joined duty in some other places. Taking

into consideration of all the above said aspects, it is

decided that the closure of the unit by the management

is justified. All the affected employees have joined in

some other places, since the closure is justifiable one,

the industrial dispute is not maintainable.

9. In the result, the claim petition is dismissed.

No costs.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 13th day of June 2014.

S. MARYANSELAM,

Presiding Officer,

Industrial Tribunal, Puducherry.

————

List of witness examined for the petitioner:

PW. 1 —

7-2-2011 — Rajamanickam

List of witness examined for the respondent:

RW. 1

— 28-3-2012 — Murali

List of exhibits marked for the petitioner:

Ex.A1 — Photocopy of the letter to Labour Officer,

dated 24-4-2007.

Ex.A2 — Photocopy of the letter to Labour Officer,

dated 4-5-2007.

Ex.A3 — Photocopy of the letter to Labour Officer,

dated 7-5-2007.

Ex.A4 — Photocopy of the letter to Labour Officer,

dated 16-5-2007.

Ex.A5 — Photocopy of the letter to Conciliation

Officer, dated 17-5-2007.

List of exhibits marked for the respondent:

Ex.R1

— Copy of the letter addressed to the Deputy

Labour Commissioner, dated 25-4-2007.

Ex.R2

— Copy of the letter addressed to the

Superintendent

of

Police,

Rural,

Puducherry, dated 2-5-2007.

Ex.R3

— Copy of the letter addressed to the Labour

Commissioner, dated 2-5-2007.

Ex.R4

— Copy

of

the

complaint

given

by

Arivalagan addressed to the Manager,

dated 3-5-2007.

Ex.R5

— Copy of the complaint addressed to the

Inspector of Police, dated 3-5-2007.

Ex.R6

— Original copy of muster roll for the month

of April 2007.

Ex.R7

— Copy of the covering letter addressed to

the Labour Officer (Conciliation) for

approval of petition for G. Palani, dated

15-11-2007.

Ex.R8

— Copy of the covering letter addressed to

the Labour Officer (Conciliation) for

approval of petition for S. Devaraj, dated

15-11-2007.

Ex.R9

— Copy of the covering letter addressed to

the Labour Officer (Conciliation) for

approval of petition for K. Senthilkurnar,

dated 15-11-2007.

Ex.R10 — Copy of the covering letter addressed to

the Labour Officer (Conciliation) for

approval of petition for R. Venkatesan,

dated 15-11-2007.

Ex.R11 — Copy of the petition for approval for

G. Palani, addressed to the Labour Officer

(Conciliation), dated 15-11-2007.

Ex.R12 — Copy of the petition for approval for

S. Devaraj, addressed to the Labour

Officer (Conciliation), dated 15-11-2007.

Ex.R13 — Copy of the petition for approval for

K. Senthilkumar, addressed to the Labour

Officer (Conciliation), dated 15-11-2007.

Ex.R14 — Copy of the petition for approval for

R. Venkatesan, addressed to the Labour

Officer (Conciliation), dated 15-11-2007.

Ex.R15 — Copy of the charge sheet issued to Palani,

dated 7-5-2007.

Ex.R16 — Copy of the charge sheet issued to

Senthilkumar, dated 7-5-2007.

Ex.R17 — Copy of the domestic enquiry final report

against Palani, dated 22-10-2007.

Ex.R18 — Copy of the domestic enquiry final report

against Senthilkumar, dated 22-10-2007.

533

22 July 2014]

LA GAZETTE DE L’ETAT

Ex.R19 — Copy of the domestic enquiry final report

against Devaraj, dated 22-10-2007.

Ex.R20 — Copy of the domestic enquiry final report

against Venkatesan, dated 22-10-2007.

Ex.R21 — Form 6, dated 10-11-2008

S. MARYANSELAM,

Presiding Officer,

Industrial Tribunal, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 107/Lab./AIL/J/2014, dated 4th July 2014)

NOTIFICATION

Whereas, an award in I.D.(L) No. 24/2010, dated

28-4-2014 of the Labour Court, Puducherry in respect of

the industrial dispute between the Managing Director,

M/s. G. E. India Industrial Pvt. Ltd., Puducherry and

Branch Secretary, United Labour Federation, Tindivaname,

over charter of demands and lock-out 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.

Monday, the 28th day of April 2014

I.D. (L) No. 24/2010

R. Mari,

Branch Secretary,

United Labour Federation,

Tindivanam.

. . Petitioner

Versus

The Managing Director,

M/s. G.E. India Industrial Pvt. Ltd.,

Sedarapet, Pondicherry.

. . Respondent

This industrial dispute coming on 11-4-2014 for final

hearing before me in the presence of Tvl. K. Sudalaikannu,

K. Krishnamoorthy and A. Bhaskaran, Counsel for the

petitioner, Tvl. Gupta and Ravi and S. Karthikeyan, Counsel

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.124/ AIL/Lab./J/2010, dated 9-6-2010 for

adjudicating the following:

(a) Whether the dispute raised by the workmen

affiliated to the United Labour Federation against the

management of M/s. G.E. India Industrial Pvt. Ltd.,

Sedarapet, Puducherry, over charter of demands such

as increase of basic pay, dearness allowance,

production incentive, HRA and medical allowance,

etc., is justified or not? 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?

(c)

Whether the dispute raised by the workmen

affiliated to the United Labour Federation against the

management of M/s. G.E. India Industrial Pvt. Ltd.,

Sedarapet, Puducherry regarding the lock-out

declared by the management is legal is justified or not?

(d) If not, to what relief the workmen are

entitled to?

(e) Or in the alternative plea made by the

management that it was a case of closure is justified

and legal?

(f) In this case, there is no lock-out it is only

closure and the closure declared by the management

is legal and justified?

2. The facts giving rise to this industrial dispute as

stood exposited from the claim petition runs thus:

It is stated in the claim statement that since more

than 100 workers are working in the respondent factory.

The Industrial Dispute Act Schedule V-B is applicable to

the respondent with regard to the closure of the factory

no permission was obtained from the Pondicherry

Government. So, the industry has filed to obtain

permission under section 25 (O) of the Act. So, even as

per the closure of the factory as per section 25 (O) (6)

the workers are entitled for all benefits. The factory at

Puducherry belonging to the respondent was not closed,

its manufacturing was continued at 42/1 and 45/14,

Electronics City, Phase-II, Bangalore. So, the case of the

respondent that the factory at Pondicherry was closed

wrong, but, in fact in the name of closure they have

534

LA GAZETTE DE L’ETAT

[22 July 2014

done illegal lock-out since the labourers asked for have

remuneration. The lock-out was made by the respondent

so all the labourers are expected to be reinstated into

service and till then they are entitled for wages and

other benefits. The agreement, dated 31-8-2006 came to

an end on 31-7-2009 so, the petitioners gave a

requisition to the respondent, the petitioners asked for

the common relief from 1-8-2009 onwards.

The general demands are as follows:





`

























`



(Dearness Allowance)









































``

















``











General Electric 







T.T.K.,

M.R.K., Sundaram Fastners, Larsan & Tourbo 























Larson & Toubro

Limited, Pondicherry 



Ex. W. 27.

So, the pettioners wants the Labour Court to pass an

award directing the management to grant benefits and

demands as per the petitioner’s charter of demands,

dated 9-7-2009 and to compute the benefits of the relief

in terms of money and to hold that the lock-out declared

by the respondent management as illegal and lift the

lock-out and reinstate the workers with continuity of

service, back wages and other benefits and to hold that

the plea of the management that it was a case of closure

that it was not legal.

3. Per contra, traversing the averments the claim

statement, the respondent filed the counter with the

averments which runs thus:

The petitioner federation has no locus standi to

initiate any conciliation proceedings or raise any dispute

as against this respondent. The petitioner federation

appears to be the Apex Body of other unions and it has

no membership at any time during the existence of the

respondent’s factory at Puducherry. The respondent

were the members of the said federation during the

period in which the factory was working. The

ex-workmen of the factory appear to have become

members of the petitioner federation only after their

services had been terminated consequent to closure of

the factory and all their dues had been settled by the

respondent. The respondent's unit at Puducherry was

set up in the year 1998 for manufacture of air circuit

breakers, switches and spares. There were only 38

permanent workmen worked in the Puducherry unit. Due

to downturn in the market during the latter half of 2008,

there has been a drop in the sales of the products

manufactures at the Puducherry unit. Several customers

of the products manufactured at the plant delayed their

projects or cancelled the projected orders. The

utilisation of capacity came down drastically to 50%

during the 12 months preceding the closure and under

utilisation of capacity has resulted in high operational

costs and it was difficult to run the plant profitably.

7 workmen were kept under suspension pending enquiry

into the misconduct committed by them.

535

22 July 2014]

LA GAZETTE DE L’ETAT

The respondent factory at Puducherry has been duly

surrendered to the Inspector of Factories, Government

of Puducherry due to the permanent closure of the

factory. Similarly the Registration Certificate under the

Contract Labour (Regulation and Abolition) Act has

been duly surrendered to the Deputy Labour

Commissioner, Labour Department, Government of

Puducherry who is the Registering Officer under the said

Act. The closure is real, bona fide and genuine; factual

and irrevocable and complete with effect from 5-10-2009.

The respondent management was informed on 20-3-2009

of the workmen joining the petitioner union the

management suspended 6 workers on false allegations

and that they are union activists are vehemently denied

and the petitioner is put to strict proof of the same.

There was no closure at all and it was really a lock-out

as a counter measure against the raising of the industrial

dispute for revision of wages are purely invention and

imagination of the petitioner for the purpose of making

out a case. The respondent management shifted the

machinery and other materials from its factory at

Puducherry to its factory at Electronics City, Bangalore

and was continuing to carry on its manufacturing

activity there through a labour force who are designated

as trainees and also through workers who are paid

through intermediaries and that the customers of the

factory at Puducherry are continued to be supplied with

the items manufactured in its factory at Electronics

City, Bangalore.

The allegation of the petitioner that the reasons

stated in the closure notice that orders are not available

was not true and that the company continues to execute

orders through its factory at Electronics City at

Bangalore and that the petitioner union even on 1-10-2009

denied the stand of the management that it has no

orders and that the management was doing work on

leave days with trainees, temporary workers and

contract labour are stoutly denied by this respondent

and submits that these contentions of the petitioner

union are highly untenable and does not have any value

for consideration. The factory at Bangalore and

Puducherry are two different and independent units and

they are neither functionally integrated nor dependent

on each other for existence. In fact, the factory licence,

etc., had been surrendered which will prove that the

factory has been permanently closed. The contentions

of the petitioner union including any demand for wage

revision survive for consideration. The employees have

been paid compensation in accordance with the

provisions of the law and they have already accepted

the payment and hence the entire issued has attained

finality.

4. During the enquiry of the petitioner side, PW.1 was

examined and Ex.P1 to Ex.P29 were marked. On the side

of the respondent RW.1 to RW.3 were examined and

Ex.R1 to Ex. R47 were marked and C1 series were marked.

5. The point for consideration is:

Whether the industrial dispute can be allowed?

6. On this point:

The first point was decided in this industrial dispute

is whether the respondent announced closure or

lock-out. According to the management it is a closure

and according to the workers it is a lock-out. To

determine the aspect, whether it is closure or lock-out

the total number of workers are to be proved. So, the

petitioners are expected to prove that the workers

employed at Puducherry are more than 100. They have

not proved it through oral and documentary evidence.

But on the side of the respondent Ex.R11, dated

6-10-2009 was marked. As per Ex.R11 only 26 workers

have signed in it. Ex.R22 was sent to 38 workers. Ex.R33

to R37 is the returns from October 2008 to March 2009.

The total labourers is 43 and those who are not covered

under the ESI -17. So, the number of workers is 60.

Ex.R36, page 16 to 78 contains the total number of

workers as 37. As per Ex.R37 also the total number of

workers R38. So, it is clearly proved on the side of the

respondent that the number of workers who are

employed in the Puducherry factory is less than 60 and

the permanent workers are 38. If the total number of

workers are less than 100 then, it will attract only

closure of the business. With regard to the closure, R4

to R9 notice were marked. It refers to closure. R15 notice

also refers to closure. R16 surrender of factory licence,

R17 surrender of Registration Certificate, R18 cancel of

code No. R23 with regard to payment, R24 series full

and final settlement refers that it is a closure of

business. PW.1 clearly admits in his cross-examination

that on 5-10-2010 no manufacturing work was done in

the factory at Puducherry, so, the manufacturing

factory at Puducherry was closed on 5-10-2010 is

clearly proved in this case.

7. If it is a lock-out the business will be continued at

some other place, so, the next aspect to be decided is

after closure whether some manufacturing business was

continued in the Bangalore factory. If it is continued,

then there is lock-out. In this regard PW.1 deposed as

follows:































536

LA GAZETTE DE L’ETAT

[22 July 2014











In this regard RW.2 deposed as follows:

Air circuit breakers are manufactured at Bangalore

factory also.

According to the respondents only one item is

similar and that production was also stopped after

closure of the factory at Puducherry. So, the

manufacturing of air circuit breakers is continued at

Bangalore is not a correct one. So, closure is clearly

proved in this case. In this case, there is no dispute

about the charter of demand. In this regard PW.3

deposed as follows:

Charter

of

demand-

conciliation

 In this regard PW.1 deposed as follows:





So, with regard to the charter of demands, raising

of salary, no adjudication can be raised now.

8. It is argued that no prior notice was given to the

Puducherry Government with regard to the closure of

business by the respondent.

In this regard RW.1 clearly deposed in his cross-

examination as follows:









6,7 apprentice 

In this case it is very clearly proved that only 38

permanent workers worked at Puducherry. So, there is

no necessity to give prior notice to the Puducherry

Government and obtained its permission, with regard

to the closure of the factory.

9. In the present case, it is very clearly proved that

the respondent company was closed and there was no

lock-out. As per 1963 3 SCR 540 if the action taken by

the appellant is not a lock-out but, is a closure bona fide

and genuine, the dispute which the respondents may

raise in respect of such a closure is not an industrial

dispute at all. Closure indicates the final and irrevocable

termination of the business itself, lock-out indicates the

closure of place of the business and not the closure of

business itself.

10. In this case, it is clearly proved that there is a

closure and the business was terminated, it is not a

closure of place of business. So, since the act done by

the respondent is the closure, it is not an industrial

dispute at all. As per 1968 3 SCR 130 Closure cannot

give rise to an industrial dispute. As per 1971 3 SCC

495 the reasoning behind the argument was that if the

industry itself disappeared any adjudication with regard

to a dispute which had arisen in the past would be a

fruitless errand and any award made on the reference

thereafter would be ineffective.

11. In the present case also the industry was closed

permanently at Puducherry. So, with regard to the

dispute which had arisen in the past or any award made

on the reference thereafter would be ineffective because

the industry itself disappeared. As per 1979 (3) SCC 762

industrial dispute-closure - Propriety or Justification for

the closure of business, in fact and truly effected

cannot raise an industrial dispute as contemplated by

the State and Central Acts. So, in the present case also

the factory was closed once for all and it is clearly

proved that there is no lock-out. So, the closure cannot

raise an industrial dispute. In this case, it is clearly

stated by the petitioner that there was no conciliation

with regard to the charter of demands. It is further the

case of the petitioner that there is no demand with

regard to the salary before the Conciliation Officer.

So, with regard to the charter of demands and raising

of salary no adjudication can be raised now. Taking into

consideration of all above such aspects, the industrial

dispute preferred by the petitioner is dismissed.

12. 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 28th day of April, 2014.

S. MARYANSELAM,

Presiding Officer,

Labour Court (FAC), Puducherry.

————

List of petitioner’s witness:

PW.1 — 8-12-2011 — R. Mari

List of respondent’s witnesses:

RW.1 — 30-7-2012 — Glen D’Souza

RW.2 — 1-7-2013 — Ashok Vishwakarma

RW.3 — 20-12-2013 — V. Shkoundala.

List of petitioner’s exhibits:

Ex.P1 — Certificate issued by the respondent

company to Mr.P. Nellaiappan, J. Karthikeyan

and K. Kumar, dated December 2008.

Ex.P2 — Pay slips of K. Kumar, R. Mari and

K. Ramamoorthy, respectively, dated

October 2008, March 2009, September 2009.

Ex.P3 — Suspension order issued to the 6 workers,

dated 18-3-2009.

537

22 July 2014]

LA GAZETTE DE L’ETAT

Ex.P4 — Letter sent by the petitioner union to the

respondent/management, dated 20-3-2009.

Ex.P5 — Letters

sent

by

the

Respondent/

Management to R.Mari, with regard to

his subsistence allowance, dated 2-4-2009,

2-4-2009 and 2-5-2009.

Ex.P6 — Invoice of the Sri Venkateswara Precision

Components to the

respondent,

dated 2-5-2009.

Ex.P7 — Do me st ic

e nq ui ry

p r o c ee d i ng s

relating to Mr. R. Mari (at Page No.47),

dated 26-6-2009.

Ex.P8 — Notice

terminating

the

earlier

settlement and seeking new wage

revision, dated 9-7-2009.

Ex.P9 — Charter of demand given to the

respondent

management

by

the

petitioner union, dated 9-7-2009.

Ex.P10 — Notice of closure under section 25-FF-

A of Industrial Disputes Act to the

Secretary to Pondicherry Government,

dated 25-7-2009.

Ex.P11 — Letter given by the union to the

management and the Chief Inspector of

Factories (regarding leave announced

by the management on 13th July 2009,

29th August 2009, 5th September 2009

and 3rd August 2009), dated 1-10-2009.

Ex.P12 — Alleged closure notice, dated 5-10-2009.

Ex.P13 — Email sent by Mr. Ananth Ramaswami,

President and CEO of the respondent

company, dated 5-10-2009.

Ex.P14 — Letter

sent

by

the

respondent/

management to R. Mari, with regard to

his subsistence allowance, dated 5-10-2009.

Ex.P15 — Termination order issued by the management

to the workers (26), dated 5-10-2009.

Ex.P16 — Email sent by Mr. S.N. Sharma, Marketing

Leader-India Region of the respondent

company, dated 7-10 2009.

Ex.P17 — Industrial

dispute

raised

by

the

petitioner union before the Labour

Officer (Conciliation), dated 9-10-2009.

Ex.P18 — Invoice of the Sri Venkateswara Precision

Components to the respondent,

dated 6-11-2009.

Ex.P19 — Statement of objection filed by the

respondent before the Labour Officer

(Conciliation), dated 17-11-2009.

Ex.P20 — Purchase order sent by respondent

company to Sri Venkateswara Precision

Components, dated 23-11-2009.

Ex.P21 — Conciliation failure report issued by

the Labour Officer (Conciliation),

dated 22-12-2009.

Ex.P22 — G.O. Rt. No. 28/AIL/Lab./J/2010, dated

17-2-2010.

Ex.P23 — Affidavit and petition in W.P. No. 4204

of 2010, dated 23-2-2010.

Ex.P24 — Order in W.P. No.4204 of 2010, dated

13-4-2010.

Ex.P25 — Packing slip for air circuit breaker and

test certificate, dated 21-5-2010.

Ex.P26 — G.O.Rt. No. 28/AIL/Lab./J/2010,

dated 9-6-2010.

Ex.P27 — Pay slip of Mr. N. Murugan for the

month of September 2011 working in the

management of Larsen & Toubro Limited,

Pondicherry, dated September 2011.

Ex.P28 — Identity card of R. Sankar.

Ex.P29 — Subsistence Allowance for the month of

September 2009 issued by the respondent

to the petitioner, dated 5-10-2009.

List of respondent’s exhibits:

Ex.R1 — Notice of Closure issued to the Secretary

(Labour), Government of Puducherry,

dated 25-7-2009.

Ex.R2 — N o t i c e o f c l o s u r e o f fa c t o r y,

dated 5-10-2009.

Ex.R3 — Notice of closure of factory (Tamil

version), dated 5-10-2009.

Ex.R4 — Letter by respondent to the Secretary

(Labour), Government of Puducherry,

dated 5-10-2009.

Ex.R5 — Letter by respondent to the Labour

Commissioner, Government of Puducherry,

dated 5-10-2009.

Ex.R6 — Letter by respondent to the Inspector of

Factories, Government of Puducherry,

dated 5-10-2009.

Ex.R7 — Letter by respondent to the Member-

Secretary, Pondicherry Pollution Control

Committee, dated 5-10-2009.

Ex.R8 — Letter by respondent to the Assistant

Provident

Fund

Commissioner,

Employees Provident

Fund Office,

Puducherry, dated 5-10-2009.

Ex.R9 — Letter by respondent to the Deputy

Director, Regional Office, Employees

State

Insurance

Corporation,

Puducherry, dated 5-10-2009.

Ex.R10— Notice of enquiry/conciliation issued

by the Labour Officer (Conciliation),

dated 7-10-2009.

538

LA GAZETTE DE L’ETAT

[22 July 2014

Ex.R11 — Statement of United Labour Federation,

dated 9-10-2009.

Ex.R12 — Statement of objection filed by the

respondent before the Labour Officer

(Conciliation), dated 17-11-2009.

Ex.R13— Notice of enquiry/conciliation issued by

the Labour Officer(Conciliation),

dated 18-11-2009.

Ex.R14 — Complaint letter by respondent to the

Station House Officer, Moolakulam Police

Station, Puducherry, dated 1-12-2009.

Ex.R15 — Letter by respondent to the Assistant

Executive Engineer, PIPDIC Industrial Estate,

Sedarapet, Puducherry, dated 5-10-2009.

Ex.R16 — Letter by respondent to the Inspector

of Factories, Government of Puducherry

surrendering

Factory

Licence,

dated 6-11-2009.

Ex.R17 — Letter by respondent to the Deputy

Labour Commissioner, Government of

Puducherry surrendering Registration

Certificate issued under the Contract

Labour (Regulation and Abolition)

Act, 1970, dated 5-11-2009.

Ex.R18 — Letter by respondent to the Assistant

Provident

Fund

Commissioner,

Employees Provident Fund Office,

Puducherry, dated 5-2-2010.

Ex.R19 — Report of failure of conciliation,

dated 22-12-2009.

Ex.R20 — First notification issued by Labour

Department vide G.O. Rt. No. 28/AIL/

Lab./J/2010, dated 17-2-2010.

Ex.R21 — First notification issued by Labour

Department vide G.O.Rt. No.124/AIL/

Lab./J/2010, dated 9-6-2010.

Ex.R22 — Letter

of

termination

of

service

consequent to closure issued by the

respondent to 38 of its employees along

with copy of respective cheques issued

to them (38 Nos.), dated 5-10-2010.

Ex.R23 — Gratuity payment letters along with copy

of respective cheques issued by the

respondent of 38 of its employees,

dated 26-10-2009.

Ex.R24 — Full and final settlement letters issued

by the respondent to 38 of its employees

along with respective full and final

settlement and copy of cheques,

dated 27-10-2009.

Ex.R25 — Statement of account of the respondent

issued by State

Bank

of

India,

Thattanchavady Branch, Puducherry showing

the encashment particulars of closure

compensation

and

full

and

final

settlement

compensation

by

the

concerned workmen (26 pages).

Ex.R26— Standard Chartered Bank Account

Statement of the respondent, showing

the encashment particulars of gratuity

amounts by the concerned workmen

(7 Pages).

Ex.R27 — Letter by the respondent to the

Inspector of Factories, Puducherry

along with annual returns, dated 29-1-2009.

Ex.R28 — Letter by the respondent to the Inspector

of Factories, Puducherry submitting

annual return in Form-D as per payment

of Bonus Act, dated 29-12-2008.

Ex.R29 — Letter by the respondent to the

Conciliation Officer, Puducherry,

dated 31-8-2006.

Ex.R30 — Minutes

of

concluding

meeting

regarding

wage

negotiatio ns,

dated 29-8-2006.

Ex.R31— Muster roll of the respondent factory for

the period from August 2008 to August

2009.

Ex.R32— Pay register extract of the respondent

factory for the period from June 2008 to

July 2009.

Ex.R33— Letter from the respondent to the

Regional Director, Regional Office

(Puducherry) Employee’s State Insurance

Corporation along with half-yearly

return in Form-5 (October 2008 to

March 2009), dated 11-5-2009.

Ex.R34 — Letter from the respondent to the

Regional Provident Fund Commissioner,

Sub-Regional Office-Employees Provident

Fund Organisation along with provident

fund monthly returns for the month of

September 2009, dated 26-10-2009.

Ex.R35 — Letter from the respondent to the

Regional Provident Fund Commissioner,

Sub-Regional Office-Employee’s Provident

Fund Organisation along with provident

fund monthly returns for the month of

October 2009, dated 26-10-2009.

Ex.R36 — Muster roll of Employees - Form 23,

dated March 2007 to September 2009.

Ex.R37 — Register of national and festival

holidays-Form VII.

Ex.R38 — Standing order.

Ex.R39 — Invoices raised by Pondicherry plant.

539

22 July 2014]

LA GAZETTE DE L’ETAT

Ex.R40 — The catalogue of products manufactured

at Pondicherry.

Ex.R41 — The catalogue of products manufactured

in Bangalore factory.

Ex,R42 — The catalogue of spectronic S air circuit

breakers

manufactured

both

in

Bangalore and Pondicherry.

Ex.R43 — The new range of spectronics GTU

range of air circuit breakers manufactured

in Bangalore.

Ex.R44 — The letter from the MEPZ Chennai to the

respondent, dated 27-12-2001.

Ex.R45 — The letter from MEPZ Chennai to GE

India Exports Pvt. Ltd., dated 12-8-2005.

Ex.R46 — The closure report issued by GE India

Exports Pvt. Ltd., to the Inspector of

Factories, Puducherry, dated 24-12-2007.

Ex.R47 — The Excel sheet showing details of ACB

production output from 2006 to 2009.

List of court exhibits:

Ex.C1 series — Fi le pro d uce d b y t he Lab o ur

Officer, Conciliation, Puducherry,

dated 20-12-2013.

S. MARYANSELAM,

Presiding Officer,

Labour Court (FAC), Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 108/Lab./AIL/J/2014, dated 9th July 2014)

NOTIFICATION

Whereas, the award in I.D.(T) No. 3/2008, dated 9-5-2014

of the Industrial Tribunal, Puducherry in respect of the

industrial dispute between the General Manager,

Swadeshi Cotton Mills, Puducherry and the Swadeshi

Panchalai Thozhilalargal Urimai Padukkappu Sangam,

Puducherry over correction of the date of confirmation

of 8 workmen 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 PONDICHERRY

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

Presiding Officer (FAC),

Industrial Tribunal.

Friday, the 9th day of May 2014

I.D. (T) No. 3/2008

The President,

Swadeshi Panchalai Thozhilalargal

Urimai Padukkappu Sangam,

Puducherry

. . Petitioner

Versus

The General Manager,

Swadeshi Cotton Mills,

Puducherry.

. . Respondent

This industrial dispute coming on this day before me for

hearing in the presence of Thiru K. Velmurugan, Counsel for

the petitioner and Thiru K. Ravikumar, Advocate for the

respondent upon hearing both sides, upon perusing the case

records, after having stood over till this day, this court

passed the following:

AWARD

The industrial dispute arises out of the reference

made by the Government of Puducherry as per the

Conciliation Failure Report, dated 30-1-2007. The

Government of Puducherry made a reference to the Labour

Court, Puducherry through G.O. 340/2006/LO(C)/AIL.

2. The petitioner in this petition has stated as follows:

The petitioner union had raised the industrial dispute

for correction as to the date of confirmation of eight

workmen of Swadeshi Cotton Mills, Puducherry. The

employee namely C. Anthonisamy, S/o. Chinnappan was

appointed by the management of Swadeshi Cotton

Mills, Pondicherry through interview on 15-1-1979.

He was appointed in the Spinning Department and he

was trained for three months. The management paid the

amount of ` 8 per day. On the completion of the service

for the period on 9-4-1979, the employee achieved the

production target fixed by the management, the

management regularised the employee with dearness

allowance in his pay and ESI medical treatment facilities

issuing the Identity Card No. 1458641 and also

recovered the amount from the employee pay towards

the Employees Contribution of Provident Fund vide

P.F. No. 5405 which granted the employee the facilities

of casual leave, holiday, weekly off and bonus etc. The

employee was also issued a computerised pay slip in

which the management has entered the date of joining

of the employee as 16-2-1982 instead of entering the

540

LA GAZETTE DE L’ETAT

[22 July 2014

confirmation date 9-4-1979 on which the employee was

regularised with dearness allowance pay scale. The

employee namely N. Jagateesan, S/o. Nadesan was

appointed by the management of Swadeshi Cotton

Mills, Pondicherry through interview on 13-4-1979. He

was appointed in the Spinning Department and he was

trained for four months. The management paid the

amount of ` 8 per day. On the completion of the service

for the period on 28-8-1979, the employee achieved the

production target fixed by the management, the

management regularised the employee with dearness

allowance in his pay and E.S.I. medical treatment

facilities issuing the Identity Card No. 1449807 and also

recovered the amount from the employee pay towards

the employees contribution of Provident Fund vide P.F.

No. 5490 which granted the employee the facilities of

casual leave, holiday, weekly off and bonus etc. The

employee was also issued a computerised pay slip in

which the management has entered the date of joining

of the employee as 16-2-1982 instead of entering the

confirmation date 28-8-1979 on which the employee was

regularised with dearness allowance pay scale.

The employee namely P. Ramalingam, S/o. Perumal

was appointed by the management of Swadeshi Cotton

Mills, Pondicherry through interview on 1-12-1978. He

was appointed in the Spinning Department and he was

trained for four months. The management paid the

amount of ` 8 per day. On the completion of the service

for the period on 7-4-1979, the employee achieved the

production target fixed by the management, the

management regularised the employee with dearness

allowance in his pay and ESI medical treatment facilities

issuing the Identity Card No. 1458628 and also

recovered the amount from the employee pay towards

the employees contribution of Provident Fund vide P.F.

No. 5387 which granted the employee the facilities of

casual leave, holiday, weekly off and bonus etc. The

employee was also issued a computerised pay slip in

which the management has entered the date of joining

of the employee as 16-2-1982 instead of entering the

confirmation date 7-4-1979 on which the employee was

regularised with dearness allowance pay scale. The

employee namely I. Augustine Lagard, S/o. Issac Lagard

was appointed by the management of Swadeshi Cotton

Mills, Pondicherry through interview on 15-12-1979. He

was appointed in the Spinning Department and he was

trained for four months. The management paid the

amount of ` 8 per day. On the completion of the service

for the period on 9-4-1979, the employee achieved the

production target fixed by the management, the

management regularised the employee with dearness

allowance in his pay and E.S.I. medical treatment

facilities issuing the Identity Card No. 1458649 and also

recovered the amount from the employee pay towards

the employees contribution of Provident Furnd vide P.F.

No. 5394 which granted the employee the facilities of

casual leave, holiday, weekly off and bonus etc. The

employee was also issued a computerised pay slip in

which the management has entered the date of joining

of the employee as 16-2-1982 instead of entering the

confirmation date 9-4-1979 on which the employee was

regularised with dearness allowance pay scale.

The employee namely M. Soundararajan, S/o. Manikiaraj

was appointed by the management of Swadeshi Cotton

Mills, Pondicherry through interview on 16-11-1978. He

was appointed in the Spinning Department and he was

trained for six months. The management paid the

amount of ` 8per day. On the completion of the service

for the period on 1-4-1979, the employee achieved the

production target fixed by the management, the

management regularised employee with dearness

allowance in his pay and ESI medical treatment facilities

issuing the Identity Card No. 1458821 and also

recovered the amount from the employee pay towards

the employees contribution of Provident Fund vide P.F.

No. 5482 which granted the employee the facilities of

casual leave, holiday, weekly off and bonus etc. The

employee was also issued a computerised pay slip in

which the management has entered the date of joining

of the employee as 16-2-1982 instead of entering the

confirmation date 1-4-1979 on which the employee was

regularised with dearness allowance pay scale. The

employee namely S. Periasamy @ Ponnusamy, S/o. Sengani

was appointed by the management of Swadeshi Cotton

Mills, Pondicherry through interview on 15-5-1979. He

was appointed in the Spinning Department and he was

trained for eight months. The management paid the

amount of ` 8 per day. On the completion of the service

for the period on 16-2-1980, the employee achieved the

production target fixed by the management, the

management regularised the employee with dearness

allowance in his pay and ESI medical treatment facilities

issuing the Identity Card No. 1458825 and also

recovered the amount from the employee pay towards

the employees contribution of Provident Fund vide P.F.

No. 5475 which granted the employee the facilities of

casual leave, holiday, weekly off and bonus etc. The

employee was also issued a computerised pay slip in

which the management has entered the date of joining

of the employee as 16-2-1982 instead of entering the

confirmation date 16-2-1980 on which the employee was

regularised with dearness allowance pay scale.

The employee namely T. Manogaran, S/o. Thillaigovindan

was appointed by the management of Swadeshi Cotton

Mills, Pondicherry through interview on 17-2-1978. He

was appointed in the Cone Winding Department and he

was trained for twelve months. The management paid

the amount of ` 8 per day. On the completion of the

service for the period on 23-5-1979, the employee

achieved the production target fixed by the management,

541

22 July 2014]

LA GAZETTE DE L’ETAT

the management regularised the employee with dearness

allowance in his pay and ESI medical treatment facilities

issuing the Identity Card No. 1458712 and also

recovered the amount from the employee pay towards

the employees contribution of Provident Fund vide P.F.

No. 5411 which granted the employee the facilities of

casual leave, holiday, weekly off and bonus etc. The

employee was also issued a computerised pay slip in

which the management has entered the date of joining

of the employee as 16-2-1982 instead of entering the

confirmation date 23-5-1979 on which the employee was

regularised with dearness allowance pay scale. The

employee namely N. Johnphilomin Raja, S/o. Nallappan

was appointed by the management of Swadeshi Cotton

Mills, Pondicherry through interview on 20-2-1979. He

was appointed in the Cone Winding Department and he

was trained for four months. The management paid

the amount of ` 8 per day. On the completion of the

service for the period on 5-6-1979, the employee

achieved the production target fixed by the management,

the management regularised the employee with dearness

allowance in his pay and E.S.I. medical treatment

facilities issuing the Identity Card No. 1458721 and also

recovered the amount from the employee pay towards

the employees contribution of Provident Fund vide P.F

No. 5446 which granted the employee the facilities of

casual leave, holiday, weekly off and bonus etc. The

employee was also issued a computerised pay slip in

which the management has entered the date of joining

of the employee as 16-2-1982 instead of entering the

confirmation date 5-6-1979 on which the employee was

regularised with dearness allowance pay scale.

The eight employees joined the services of Swadeshi

Cotton Mills from the year 1978-1979. They were

appointed in different dates in different department,

they giving them training from the period of their

months. The eight employees were appointed by the

management in regular and interview and their attending

eligibility. The employees were issued E.S.I. Identity Card

and Provident Fund, the eight employees were declared

as confirm regular employees by dearness allowance from

the management since the year 1979. The management

had wrongly entered date of confirmation during the

year 1982 instead of the year 1979. Thus the services

of the eight employees were reduced purposely for

three years. When, it was known to the employees they

approached the management for seeking remedy. It was

not rectified by the management so the employees

approached by the Labour Officer Conciliation on

20-2-2006. The conciliation ended failure, so the

petitioner approached this court seeking for necessary

reliefs. The petitioner prays for an order directing the

respondent to correct date of confirmation on 16-2-1982

in the official record about the 8 employees who has

been regularised by dearness allowance in the year 1979.

3. The respondent in his counter has stated as

follows:

The respondent states that all the above eight

employees have time and again accepted that the date

of joining of each of them is as mentioned in the pay

slip. In the individual service identification forms filled

and filed by all the employees, they have mentioned the

date of joining as mentioned by the management and

not as claimed by the petitioners. In the gratuity

nomination forms filled and filed by all the employees

they have mentioned date of appointment as mentioned

by the management. The very basic details such as

Name, Department, Category, Token No., Father’s name,

Date of birth and Date of entry of each and every one

of the workmen of the respondent mills, as per the

records of the respondent mills are reproduced of such

pay slip of each workmen. This practice is found in all

the NTC mills in case of discrepancy or clerical error,

the same may be rectified immediately. The petitioners

who have raised the dispute have put in service of more

than thirty years and they have received and checked

and have been satisfied with the entries in their

respective pay slips for all these years. So the

petitioners are stopped from raising any dispute over

the entries made in the pay slip. Further, the petitioners

have not mentioned what are the records that they wish

to correct. Their own service and identification

agreements and gratuity nominations are also part of

the records of the respondent mills, in which they

themselves they have given their particulars. It is not

case of the employee that those particulars were not

given by them or those particulars were obtained under

duress.

It is further stated that the petitioners will have to

submit service and identification agreement and gratuity

nomination. Each of the petitioners have signed and

submitted service identification agreements and gratuity

nominations. Only based on the information given by

the petitioners themselves, the entries have made in the

respondent mills records. The petitioners have not

claimed that they have given the date of entry wrongly.

As per section 38 of the E.S.I. Act all employees shall

be insured as per section 2 (9) of the E.S.I. Act employees

include casual labourers, contract labourers and

temporary employees. Hence as per the E.S.I. Act all the

employees including permanent employees, temporary

employees, casual employees, employees receiving

monthly wages, employees receiving weekly wages,

employees receiving wages on hourly basis, piece rated

employees, contract labourers, paid apprentice, paid

trainee and paid probationers will have to be brought

under the purview of the Act and are given coverage

under the Act in order to protect their interests. All the

above mentioned employees were given ESI cards by

the E.S.I. Corporation in which the date of entry into

542

LA GAZETTE DE L’ETAT

[22 July 2014

the mill is given as per the information provided by the

management. The respondent denies that the date of

entry as the E.S.I. identity card is liable to be taken as

the date of confirmation. As per section 2(f) of the EPF

Act employees include even casual labourers, contract

labourers and temporary employees and they were

given coverage under the Act. All the employees were

made permanent are given individual code Nos. and from

the date on which they are made permanent PF

contributions are deducted. The definition of employee

as per the EPF Act is completely different from the one

defined in Industrial Disputes Act. The petitioners are

claiming the date of entry mentioned in the E.S.I. card

as the date of confirmation from all other purposes and

records. The respondent states that the E.S.I. card

issued under the E.S.I. Act and the same yardstick

under which a worker is brought under the ambit of the

E.S.I. Act cannot be in blanket and blindly applied to

all records not covered by the E.S.I. Act. The respondent

submits that as per the practice and standing orders of

the mills any person can be employed as a casual

employee and then become a temporary also employee

and then only can confirm. In cases all the above

petitioners, they have been casuals and then temporary

and then only confirmed. Hence, the date of entry as

shown in the E.S.I. on which they had entered into the

mills as casuals and not their date of confirmation.

4. On the side of the petitioners, PW.1 was examined,

and the side of the respondent RW1 and RW.2 were

examined. On the petitioners side Ex.A1 to Ex.A36 were

marked. On the side of the respondent, Ex.R1 to Ex.R4

were marked.

5. The point for determination is:

Whether the industrial dispute can be allowed?

6. On the point:

Whether the date of entry in the E.S.I. card is the

date of confirmation of service is the first point is to

be decided in this case the date of entry in the E.S.I.

card is 9-4-1979.

In this regard PW.1 in his cross-examination deposed

as follows:





















































In this regard RW.1 deposed as follows:

The E.S.I. card is also issued to the casual labourers

also. E.S.I. number given to the employee is maintained

throughout his service. If there is break in service, the

same number is continued no new number is given. The

date of entry, date of coverage and the date of

appointment can differ. In the E.S.I. card there is no

mention about the nature of work, namely, whether it is

a casual labour or permanent labour.

In this regard RW.2 deposed in his cross-examination

as follows:









Ex.R2

date of appointment 

Date of joining and date of

appointment 

Ex.R3- date of joining-



Ex.R4 company-standing order- date of

confirmation  pay slip-







So, from the available evidence it clear that the date

of initial entry in the service and the date of

confirmation of service and relieved date from service

and date of issue of ESI card are different. It is admitted

by the witnesses that the 8 employees were employed

in the mill as casuals and then temporary and thereafter

their services were confirmed as permanent. The date

of entry into the service is in the year 1979 but the

service was regularised during the year 1982. This

aspect is clearly proved by the evidence of PW.1, RW.1

and RW.2.

7. According to the management the date of

confirmation is 16-2-1982 and it is find in all the relevant

records which were filled up and filed by the eight

employees.

543

22 July 2014]

LA GAZETTE DE L’ETAT

In this regard PW.1 deposed as follows:















In this regard RW2 deposed as follows:









E.S.I. date of entry pay

slipdate of entry 

8. The copies of the gratuity, nomination forms of

eight employees are marked as Ex.R1. The copies of

service and identification forms of eight employees are

marked as Ex.R2. The basic detail such as name,

department, category, token No., father’s name, date of

birth and date of entry of each and every workmen

of the respondent mills are reproduced each pay slip of

such workmen. The copies of the pay slips of eight

employees are marked as Ex.R3. The eight employees

were put in service of more than 30 years and they have

received and checked the pay slips but they have raised

the question of wrong entry only in the year 2005. So,

the petitioners are estopped from raising such dispute

over the entries made in the pay slips now.

9. The petitioners have not mentioned what are the

records they wish to correct the details and identification

agreements and gratuity nominations are also part of

the records of the respondent mills. In those records,

the employees have given their particulars the date of

service mentioned in those documents differs from the

date of entry in the E.S.I. card. In such circumstance

what are the documents in which the date of entry is to

be corrected is clearly to be stated by the petitioners,

it was not clearly stated.

10. The citations, 1989(1) SCC 244 and 2008(2) LLJ737

filed by the counsel for the petitioner are not fitting with

the facts of the case.

11. So, the date of confirmation is different from the

date of issuing of the ESI card is clearly proved by the

respondent. It is admitted by the petitioner that ESI card

are issued to casual employees, temporary employees,

permanent employees and employees receiving monthly

wages, employees receiving weekly wages, employees

receiving wages on hourly basis, piece rated employees,

contract labourers, paid apprentice, paid trainee and

paid probationers. So, there is no possibility to take

the date of entry in the ESI card as the date of

confirmation of service of the employees.

In this regard PW.1 deposed as follows:







In this regard RW.1 deposed that it is not mentioned

in the ESI card whether the employees is the casual

labourer or permanent labourer. In this regard RW.2

deposed as follows:

Date of joining and date of appointment 

 Ex.R3- date of

joining-

He admits that the date of entry in the ESI differs

from the date of entry in the pay slip. So from the

available records, it is clear that the date of entry in the

ESI card is different from the date of confirmation of

service of the employees.

12. According to the petitioners, the management

had wrongly entered in the date of confirmation during

the year 1982 instead of the year 1979 so their service

is reduced purposely for three years. It is proved

through records on the side of the management that the

date of confirmation is during the year 1982 and the date

of entry into the mill as casual labourer is in the

year 1979. The gratuity nomination form is marked as

Ex.R1. The date of appointment is mentioned in it as

16-2-1982. Service identification form is marked as Ex.R2.

The pay slips are marked as Ex.R3. In the pay slips also

the date of appointment is mentioned as 16-2-1982.

Admittedly, the employees are under the service for the

period of more than 30 years but they have raised this

question in a belated stage. So, they were stopped from

raising this question now. It is clearly proved on the

side of the management the date of entry into the mill

as casual labourer is different from the date of

appointment, it is also clearly proved through oral and

documentary evidence that the date of issue of ESI card

is different from the date of appointment. The date of

appointment is mentioned in every month pay slips but

no objection was raised in the appropriate time by the

employees. So, there is no possibility to correct it now.

Further what are the records in which the date of

appointment is to be corrected is not specifically stated

by the employees. So, there is no possibility to correct

the date of appointment in the registers which are

maintained by the management. Taking into consideration

of all the above said aspects, the petition filed by the

petitioner is dismissed.

13. In the result, the petition filed by the petitioner

is dismissed. No costs.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 9th day of May 2014.

S. MARYANSELAM,

Presiding Officer,

Industrial Tribunal, Puducherry.

544

LA GAZETTE DE L’ETAT

[22 July 2014

List of witness examined for the petitioner:

PW.1 — 6-9-2011 — K. Mohandoss

List of witnesses examined for the respondent:

RW.1 — 10-1-2014 — Aadil Shamim

RW.2 — 28-2-2014 — Sridher

List of exhibits marked for the petitioner:

Ex.A1 — Photocopy of the petition submitted by

employee Antonisamy to the Labour

Officer (Conciliation), dated 20-2-2006.

Ex.A2 — Photocopy of the E.S.I. card of

Antonisamy.

Ex.A3 — Photocopy of the letter submitted by

the employee Antonisamy to the

General Manager, Swadeshi Mills Ltd.,

dated 5-1-2005.

Ex.A4 — Photocopy of the pay slip of the

employee Antonisamy.

Ex.A5 — Photocopy of the petition submitted by

employee Jagateesan to the Labour

Officer (Conciliation), dated 20-2-2006.

Ex.A6 — Photocopy of the letter submitted by

the employee Jagateesan to the

General Manager, Swadeshi Mills Ltd.,

dated 5-1-2005.

Ex.A7 — Photocopy of the E.S.I. card of

Jagateesan.

Ex.A8 — Photocopy of the pay slip of the

employee Jagateesan.

Ex.A9 — Photocopy of the annual statement of

Provident Fund of employee Jagateesan.

Ex.Al0 — Photocopy of the petition submitted by

employee Ramalingam to the Labour

Officer (Conciliation), dated 20-2-2006.

Ex.A11— Photocopy of the letter submitted by

the employee Ramalingam to the

General Manager, Swadeshi Mills Ltd.,

dated 5-1-2005.

Ex.A12— Photocopy of the E.S.I. card of

Ramalingam.

Ex.A13— Photocopy of the annual statement of

Provident Fund of employee Ramalingam.

Ex.A14— Photocopy of the petition submitted by

employee Augustin Lagard to the

Labour Officer (Conciliation),

dated 20-2-2006.

Ex.A15— Photocopy of the letter submitted by

the employee Augustin Lagard to the

General Manager, Swadeshi Mills Ltd.,

dated 5-1-2005.

Ex.A16— Photocopy of the E.S.I. card of Augustin

Lagard.

Ex.A17— Photocopy of the annual statement of

Provident Fund of employee Augustin

Lagard.

Ex.A18— Photocopy of the petition submitted by

employee Soundararajan to the Labour

Officer (Conciliation), dated 20-2-2006.

Ex.A19— Photocopy of the letter submitted by

the employee Soundararajan to the

General Manager, Swadeshi Mills Ltd.,

dated 5-1-2005

Ex.A20— Photocopy of the annual statement of

Provident Fund of employee Soundararajan.

Ex.A21— Photocopy of the petition submitted by

employee Periyasamy @ Ponnusamy to

the Labour Officer (Conciliation),

dated 20-2-2006.

Ex.A22— Photocopy of the E.S.I. card of

Periyasamy @ Ponnusamy.

Ex.A23— Photocopy of the letter submitted by

the employee Periyasamy @ Ponnusamy

to the General Manager, Swadeshi Mills

Ltd., dated 5-1-2005.

Ex.A24— Photocopy of the pay slip of the

employee Periyasamy @ Ponnusamy.

Ex.A25— Photocopy of the legal notice issued by

the employee Periyasamy @ Ponnusamy

through his advocate to the respondent

dated 17-1-2001.

Ex.A26— Photocopy of the petition submitted by

employee Manogaran to the Labour

Officer (Conciliation), dated 20-2-2006.

Ex.A27— Photocopy of the E.S.I. card of

Manogaran.

Ex.A28— Photocopy of the letter submitted by

the employee Manogaran to the

General Manager, Swadeshi Mills Ltd.,

dated 5-1-2005.

Ex.A29— Photocopy of the pay slip of the

employee Manogaran.

Ex.A30— Photocopy of the annual statement of

Provident Fund of employee Manogaran.

Ex.A31— Photocopy of the petition submitted by

employee John Philomin Raja to

the Labour Officer (Conciliation),

dated 20-2-2006.

Ex.A32— Photocopy of the E.S.I. card of John

Philomin Raja.

545

22 July 2014]

LA GAZETTE DE L’ETAT

Ex.A33— Photocopy of the letter submitted by

the employee John Philomin Raja to the

General Manager, Swadeshi Mills Ltd.,

dated 5-1-2005.

Ex.A34— Photocopy of the pay slip of the

employee John Philomin Raja.

Ex.A35— Photocopy of the annual statement of

Provident Fund of employee John

Philomin Raja.

Ex.A36— Photocopy of failure report submitted by

the Labour Officer (Conciliation) to the

Secretary to Government (Labour).

List of exhibits marked for the respondent:

Ex.R1 — Copies of the gratuity nomination forms

of 8 petitioner workmen.

Ex.R2 — Copies of the service and identification

forms of 8 petitioner workmen.

Ex.R3 — Copies of the pay slips of 8 workmen

pertaining to March 2011.

Ex.R4 — Copy of the standing orders pertaining

to the respondent’s mills.

S. MARYANSELAM,

Presiding Officer,

Industrial Tribunal, Puducherry.











































































































