590

LA GAZETTE DE L’ETAT

[5 August 2014

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 109/Lab./AIL/J/2014, dated 16th July 2014)

NOTIFICATION

Whereas, the a ward in I.D.(T) No. 4/2008,

dated 23-5-2014 of the Industrial Tribunal, Puducherry in

respect of the industrial dispute between the General

Manager, M/s. Swadeshi Cotton Mills, Puducherry and the

Puduvai Mill Thozhilalar Sangam, Puducherry over

correction in the date of joining of 15 workers 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 23rd day of May 2014

I.D. (T) No. 4/2008

The President,

Puduvai Mill Thozhilalar Sangam,

Puducherry

. . Petitioner

Versus

The General Manager,

M/s. Swadeshi Cotton Mills,

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 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 Pondicherry as per the

Conciliation Failure Report No.1614/2007/LO(C)/AIL,

dated 9-5-2008. The Government of Pondicherry made a

reference to the Labour Court, Pondicherry through

G.O. Rt. No. 112/AIL/Lab./J/2008, dated 4-7-2008.

(a) Whether the dispute raised by the Puduvai Mill

Thozhilalar Sangam (CITU), Puducherry against the

management of M/s. Swadeshi Cotton Mills,

Puducherry over correction in the date of joining of

15 workers viz., Tvl./Tmt. (1) Segar, (2) Sundaramoorthy,

(3) Parameswaran, (4) Anwar Basha, (5) Sathyanarayanan,

(6) Ezhilarassou, (7) Ramanujam, (8) Porkilai,

(9) Patchiyappan, (10) Thangarassou, (11) Karunagaran,

(12) Perumal, (13) Mangalakshmi, (14) Chandrasekaran

and (15) Ramachandiran is justified or not?

(b) If not, what remedy they are entitled to?

Give appropriate directions?

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

The petitioner union had raised the industrial dispute

for selection as to the date of confirmation of

15 workmen of Swadeshi Cotton Mills, Puducherry.

The name of the 15 employees is found in Ex.P2 stated

as follows:

Sl.

Labour name

Token

Date of

Date of

Deduction

No.

No.

joing

registration

of year

(1)

(2)

(3)

(4)

(5)

(6)

1 Sekar

2629

16-6-1985

16-5-1987

2 years

3 months

2 Sundaramurthy

2631

3-3-1985

19-5-1987

2 years

2 months

3 Parameshwaran

2630

13-5-1985

29-5-1987

2 years

4 Anwar Basha

2629

21-2-1985

13-1-1987

1 year

10 months

5 Sathiyanarayanan

432

27-3-1976

1-4-1978

2 years

6 Ezhilarasu

563

2-10-1966

1-5-1970

3 years

6 months

7 Ramanujam

434

2-9-1976

1-4-1978

1 year

6 months

8 Pokkilai

9731

18-6-1984

3-9-1986

2 year s

2 months

9 Pachaiyappan

2643

-12-1986

26-5-1993

6 years

10 Thangarasu

436

4-12-1976

1-4-1978

1 year

3 months

11 Karunagaran

2230

7-4-1979 16-02-1982

2 years

10 months

591

5 August 2014]

LA GAZETTE DE L’ETAT

12 Perumal

428

1976

2-5-1977

1 year

5 months

13 Mangalakshmi

2636

14-12-1979

6-7-1987

7 years

6 months

14 Chandirasekaran

2127

1982 18-10-1984

1 year

10 months

15 Ramachandiran

2134

11-1-1980

30-1-1985

5 years

The date of joining is also mentioned in Ex.P2 filed

along with the claim statement.

It is stated in the claim petition that in the respondent

mill some 250 workers are working now. On 1-1-2005 in

consultation with all Labour Union the respondent

released his statement with permanent code number with

all the employees. In that list the date of entry is not

stated as it is mentioned in the ESI Card. Since, there

is a variation in the date of entry into service. The

employees sustained a loss of 14 to 76 months pay.

In this connection, the petitioner union sent a letter to

the respondent. Since no reply was given by the

respondent the matter was taken to the Labour Officer,

Conciliation after 9 months only. The respondent gave

a reply. In their reply, it is stated by the respondent that

the dispute is raised after inordinate delay. It is further

stated why this objection was not raised while giving a

nomination form the request of the petitioner is to

correct. The date of entry, as it is found in the ESI Card,

so it is prayed that the date of entry of all the

15 members are to be corrected as it is found in the

ESI Card.

3. The respondent in this counter has stated as

follows:

As per the ESI 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. This information is given alike to

all casual employees, contract employees and temporary

employees, this does not mean that they were confirmed

on that date, it only means that they have entered to

the mills as casuals. This respondent denies that the

date of entry as per the ESI Identity Card is liable to be

taken as date of confirmation. As per the EPF 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 employees who are made permanent

are given individual code numbers, and from the date

on which they are made permanent, provident fund

contributions are deducted. The petitioners are claiming

to consider the date of entry mentioned in the ESI Card

as the date of confirmation for all other purposes and

records. This respondent states that the ESI Card is

issued under the Employees State Insurance Act and

the same yardstick under which a worker is brought

under the ambit of the ESI Act cannot be in blanket and

blindly applied to all records not covered by the ESI

Act. On 31-3-2005 the accumulated loss of the

respondent mills stood at ` 87.12 crores and its yearly

loss at ` 10.40 crores. As on 31-3-2006 its yearly loss

at

` 3.84 crores. On account of the continuous loss,

the working capital of the mill has been completely

eroded and presently the mill is able to function only

with the supplier’s credit. As a result which the

respondent has not been able to remit even the

statutory dues to the concerned authorities in time.

The National Textiles Corporation were decided to be

closed down by the NTC as they were termed to be

unviable as per the Revival-cum-Rehabilitation Scheme.

It is only at that point of time that in order to protect

the interest of the workmen, the Government of

Pondicherry had stepped and taken over the mills

directly under the control of the Pondicherry Textiles

Corporation, vide a gazette notification dated 19-4-2005.

A Unit of the National Textile Corporation Limited,

New Delhi and was administered by namely, ‘National

Textile Corporation (Tamil Nadu and Pondicherry)

Limited’. As the NTC had decided to close down the

mills, the Government of Puducherry had offered to run

the mills and the Government of Puducherry and NTC

had entered into a Memorandum of Understanding. On

19-4-2005 vide a gazette notification, by a Government

Order issued by the Government of Pondicherry, the

respondent was taken over by the Pondicherry Textile

Corporation as its unit mills. Again on 4-7-2005 vide

a gazette notification G.O. Ms. No. 11/2005-Ind-B,

the respondents were transformed as a company under

the name of Swadeshee-Bharathee Textile Mills Limited,

Pondicherry.

The period of the claim of the petitioner is prior to

1-4-2005 and hence the liability is on the NTC. The claim

of the petitioner can only be against the NTC, and as

they have not been added as a party to the case, the

claim will have to be dismissed on the grounds of

non-joinder of necessary parties. This respondent states

(1)

(2)

(3)

(4)

(5)

(6)

592

LA GAZETTE DE L’ETAT

[5 August 2014

that the respondent mill has its own standing orders,

dated 8-7-1968 for the employees and the respondent

mills abide by the said standing orders. This respondent

states that 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 in each pay slip

of such workmen. The respondent mills but all the NTC

mills and its main objective is for the workmen to check

whether the information given by them and recorded by

the respondent in the service records are correctly done

and in case of any discrepancy or clerical error. Each

and every one of the petitioners who have raised the

dispute have put in service of more than twenty years

and have received and checked and have been satisfied

with the entries in their respective pay slips for all these

years. The petitioners are estopped from now raising

any dispute over the entries made in the pay slip and

reproduced in the list with permanent numbers. The

respondent mills each of the petitioners will have to

submit Service and Identification Agreement and

Gratuity Nomination. Each of the petitioners have

signed and submitted Service and Identification

Agreements and Gratuity Nominations. Only based on

the information given by the petitioners themselves, the

entries have been made in the respondent mills records.

4. On the side of the petitioners, PW1 and PW2 were

examined, and the side of the respondent RW1 and RW2

were examined. On the petitioners side Ex.P1 to Ex.P4

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

Ex.R3 were marked.

5. The point for determination is:

Whether the industrial dispute can be allowed?

Whether the demand of Puduvai Mill Thozhilalar

Sangam, Puducherry, against the management of

M/s. Swadeshi Cotton Mills, Puducherry for change of

date of entry of the following mills is justified?

6. On the point:

Whether the date of entry in the ESI 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 ESI Card

is Ex P4. In this regard PW1 in his cross-examination

deposed as follows:

































ESI, EPF 







ESI

Ex.P4



ESI ESI

ESI 



So according to PW1 the date of ESI Card and the year of

issuing ESI is 1979. According to him, he joined the mill as a

temporary employee in the year 1979 and he was permanent

employee from 1982 onwards. He admits that the date of

appointment is mentioned in the monthly salary receipt.

In this regard PW2 deposed as follows :









print 





ID 4/2007 





writ petition 





bathly











ESI 



ESI 

Ex.P4 ESI 



In this regard RW1 in his cross-examination deposed as

follows:

We are issuing ESI Cards to casual labourers also. If he

went to any other work, the number won't change. On seeing

the ESI Card and number, I cannot say whether he is

permanent or casual.

593

5 August 2014]

LA GAZETTE DE L’ETAT

In this connection RW2 in his cross-examination deposed

as follows:

clip-English-

Provident fund-nomination form-English-

English 

English 

On the side of the respondent the ESI declaration form

was marked. In that declaration form the date of joining of the

employee in a particular work is mentioned. The date of

appointment is found in the muster roll. It is further stated on

the side of the respondent that in the pension scheme, the

nominee application form will be given to the employees and

it will be filled up by the employees themselves. Further, in the

pay slip which was issued to the employees also the date of

joining in the service is mentioned there. But the employees

have not taken any steps to rectify that mistake till the filing

of this petition. The petitioners witness Karunagaran PW1

deposed in his evidence nomination form was in English and

the management used to ascertain the name of the nominee

and obtained his signature in it. Likewise, the employees

used to see the gross salary and the deductions and they

were not very particular in noting the date of appointment.

They came to know about the contradiction in the date of

appointment because some of the workers went on VRS and

thereafter only they came to know this contradiction.

7. It is argued on the side of the petitioner that in a similar

case the order was passed in favour of the petitioners and

the number of case I.D.No.4/2007. The order was passed on

19-10-2010 but as against that order a writ petition was filed

and the stay has been granted. So, there is no possibility to

give much importance to the order passed in I.D.No. 4/2007.

8. The appointment order copy of the employees are not

filed in this case. The employees have not filed their pay slip.

It is admitted on the side of the petitioner as well as the

respondent that ESI Card was issued to casual labourers,

permanent labourers, contract labourers, daily wage labourers

and others. So, there is no possibility to consider the date

which was mentioned in the ESI Card as the date of

appointment. It is admitted by the witness that the

employees were employed in the mill as casuals and then

temporary and thereafter the services were confirmed and

made permanent. The date of entry into the service is 1979

but date of regularisation is 1982. This aspect is clearly proved

by the evidence of PW1, PW2, RW1 and RW2.

9. It is stated on the side of the petitioner that they never

used to notice, the date of appointment in the pay slip. It is

their mistake. Further it is stated on the side of the petitioners

that the particulars in the nomination form for PF and gratuity

are not filled by the employees. But they used to give their

particulars. No dispute was raised by the employees till now

that they have given wrong particulars. So the explanation

given by the employees is highly artificial and unbelievable

and it cannot be accepted.

10. In the pay slips and in the gratuity and PF forms a

particular date is mentioned. As the date of appointment and

some other date is mentioned in the ESI Card. The petitioners

have not mentioned what are the records they wish to

correct. What are the documents in which the date of entry is

to be corrected is not clearly stated by the petitioners. It was

not clearly stated in the claim statement as well as in the

evidence. So from the available evidence and from the records,

it is clear that the date of confirmation is different from the

date of issue of the ESI Cards. It is admitted by RW1 and it is

not mentioned in the ESI Card as to whether the employee is

the casual labourer or permanent labourer.

11. According to the petitioners the management has

mentioned some other date as the appointment date in the

records and thereby some 15 members of the union had lost

17 to 74 months salary reduction in their service and so there

was a loss in the gratuity and retrenchment compensation.

The objection was not raised in the proper time. The objection

was raised belatedly and there was inordinate delay. So they

were estopped from raising their objection now. Furthermore,

some of the important documents are not filed by the

petitioners such as their pay slip and their identity card to

show that there are member of the petitioner union.

Furthermore no authorisation was given to PW1 and PW2

to depose evidence before court.

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

period of the claim of the petitioner is prior to 1-4-2005 and

hence the liability is on the NTC. The claim of the petitioner

can only be against the NTC, and as they have not been

added as a party to the case, the claim will have to be

dismissed on the grounds of non-joinder of necessary

parties. With regard to this aspect no answer was given on

the side of the petitioner. It is stated on the side of the

respondent as per the Memorandum of Understanding

between the National Textile Corporation Limited and the

Government of Puducherry dated 1-4-2005 all liability prior to

the date of NTC the respondent taken over by the Government

ofPuducherry under zero liability. On 19-4-2005 the Government

of Puducherry has taken over the respondent mill as its unit

mills. Hence, this vital question was not answered by the

petitioners and the present case is bad on the grounds of

non-joinder of necessary parties also. It is clearly stated by

the respondent that each and every one of the petitioners

who have raised the dispute have put in service of more than

twenty years and have received and checked and have been

satisfied with the entries in their respective pay slips for all

these years. So, the petitioners have estopped from now

raising any dispute over the entries made in the pay slip and

reproduced with the list in the permanent numbers. The

argument on the side of the petitioner that they have not

checked the entries in the pay slip as well as in the

nomination forms is a lame excuse and it cannot be accepted.

Furthermore, it is not the case that they have given the date

of entry wrongly. So, the petitioners have estopped from

594

LA GAZETTE DE L’ETAT

[5 August 2014

claiming such a relief. The order referred in I.D. No. 4/2007 is

passed by this court and according to the respondent an

appeal is pending and stay has been granted. So, there is no

possibility to take that order into consideration to decide the

present dispute. Taking into consideration of all the above

said aspects, the petition filed by the petitioner is dismissed.

13. In the result, the present petition is dismissed.

No costs.

Typed to my dictation, corrected and pronounced by me

in the open court on this the 23rd day of May 2014.

S. MARYANSELAM,

Presiding Officer,

Industrial Tribunal, Puducherry.

List of witnesses examined for the petitioner:

PW.1 — 10-9-2012 — V. Karunakaran

PW.2 — 21-6-2013 — V. Setharanyam

List of witnesses examined for the respondent:

RW.1 — 29-11-2013—Aadil Shamim

RW.2 — 24-1-2014—Sridher

List of exhibits marked for the petitioner:

Ex.P1 — Photocopy of the Company Labour list,

dated 8-1-2005.

Ex.P2 — Photocopy of the loss of labour details,

dated 6-9-2007.

Ex.P3 — Photocopy of the Company letter,

dated 26-2-2008

Ex.P4 — Photocopy of the ESI identity card in

fifteen members.

List of exhibits marked for the respondent:

Ex.R1 — Copy of the standing orders pertaining

to the respondent’s mills.

Ex.R2 — Copies of the pay slips of 13 petitioner

workmen pertaining to March 2011.

Ex.R3 — Copies of the gratuity nomination forms

of 12 petitioner workmen.

S. MARYANSELAM,

Presiding Officer,

Industrial Tribunal, Puducherry.

GOVERNMENT OF PUDUCHERRY

DIRECTORATE OF SCHOOL EDUCATION

No. 429-435/DSE/EC/C/2014.

Puducherry, the 21st July 2014.

NOTIFICATION

It is hereby informed that the following candidates have lost their original Higher Secondary Examination

Mark Certificates beyond the scope of recovery and necessary steps have been taken to issue duplicate

certificates. If any one finds the original mark certificate(s), it/they may be sent to the Secretary, State Board

of Secondary Examinations, College Road, Chennai – 600 006 for cancellation, as it is/they are no longer valid.

Sl.

Name of the applicant

Register No.,

Sl. No. of the

School in which

No.

session and

mark

studied last

year

certificate

(1)

(2)

(3)

(4)

(5)

Thiru/Tmt./Selvi :

1

Muneeswari, V.

545881, March 2013

7994017

K.S.P. Higher S e co n d ar y School,

Kadhirkamam, Puducherry.

2

Ilakkiyan, J.

549449, March 2010

5148209

Aditya Vidyashram Higher Secondary

School, Konerikuppam, Puducherry.

3

Iyyappan, V.

531350, March 2009

4500771

Kamban Government Higher Secondary

School, Nettapakkam, Puducherry.

4

Rajalakshmi, M.

473553, March 2007

2929514

Government Higher Secondary School,

Korkadu, Puducherry.