914

LA GAZETTE DE L’ETAT

[23 December 2014

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 138/Lab./AIL/J/2014, dated 5th December 2014)

NOTIFICATION

Whereas, an award in I.D. (T). No. 3/2006, dated

28-10-2014 of the Industrial Tribunal, Puducherry in

respect of the industrial dispute between the Managing

Director, M/s. Pondicherry Co-operative Sugar Mills

Limited, Puducherry and Pattali Thozhir Sangam,

Puducherry over seniority of Thiru A. Udayakumar 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)

GIDDI BALARAM,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL

AT PONDICHERRY

Present : Thiru G. DHANARAJ, B.Sc., B.L.,

Presiding Officer,

Industrial Tribunal.

Tuesday, the 28th day of October 2014

I.D. (T) No. 3/2006

The President/Secretary,

Pattali Thozhir Sangam,

Pondicherry Co-operative Sugar Mills Ltd.,

Puducherry

. . Petitioner

Versus

The Manager Director,

Pondicherry Co-operative Sugar Mills Ltd.,

Puducherry.

. . Respondent

This industrial dispute coming on this day before me

for hearing in the presence of Mrs. Devasundari,

Counsel for the petitioner and A.N.D. Law Associates

Thiruvalargal K. Palaniappaan and R. Asvani Palaniappaan,

Advocates 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, vide G.O. Rt.

No.63/AIL/Lab./J/2006, dated 31-3-2006 of the Labour

Department, Pondicherry to resolve the following

dispute between the petitioner and the respondent, viz.,

(a) Whether the demand of Pattali Thozhir

Sangam claiming seniority of Thiru A.Udayakumar,

Helper, over Thiru S. Elangovan, against the management

of M/s. Pondicherry Co-operative Sugar Mills Limited

is justified or not?

(b) If not, what remedy the petitioner is entitled to?

To give appropriate directions?

2. The petitioner in this petition has stated as

follows:

The petitioner union is a trade union registered

under the Trade Unions Act, 1926 bearing No. 656/86.

The said union is working for the cause of the

workmen of the respondent mills. The present dispute

pertains to the seniority of Thiru A. Udayakumar,

Helper in relation to Thiru S. Elangovan, another

Helper in the mills. During the pendency of the

industrial dispute relating to the seniority of the

above two Helpers, the respondent management

granted promotion to S. Elangovan, as Fitter and

hence the issue relating to legality of the promotion

granted to S. Elangovan is also covered in this

dispute. Thiru A. Udayakumar joined the service of

the Pondicherry Co-op. Sugar Mills Ltd., on 9-1-1984

as NMR employee and from 1-6-1986 onwards he has

been working as Fitter-Helper and he has been

discharging his duties in a very and honest manner

and without any black mark. The rival claimant

S. Elangovan also joined the service of the mills as

NMR employee on 9-1-1984 and later appointed as

Fitter-Helper on 1-6-1986. As per the practice followed

in the respondent mills and as per the sound

principles of Labour law, the petitioner was accorded

higher status in terms of seniority, he being elder

than S. Elangovan, as the date of birth of petitioner

Udayakumar and S. Elangovan are 11-7-1963 and

7-10-1965 respectively. Accordingly the respondent

mills maintained the seniority list granting the

petitioner Udayakumar higher position when compared

to S. Elangovan.

In terms of merits also Thiru A. Udayakumar was

in a better position when compared to S. Elangovan.

Ever since the date of appointment, the former was

regular in attending to the duties while the latter was

915

23 December 2014]

LA GAZETTE DE L’ETAT

very irregular in attendance. On account of very poor

attendance, S. Elangovan was on loss of pay on

several occasions. This has resulted in interruption

of continuity of service by way of “service cuts”

made by the respondent management. After taking

note of the above irregularities and demerits in the

service records of Thiru S. Elangovan the respondent

management fixed lower wages when compared to

A. Udayakumar. However, contrary to the above

f a c t s r e l a t i n g t o t h e h i g h e r s e n i o r i t y o f

A. Udayakumar over S. Elangovan, the respondent

management suddenly somersaulted and took a

deviant stand that S. Elangovan is senior to

A. Udayakumar. Accordingly, the respondent altered

the seniority list of Helpers and accorded higher

seniority position to S. Elangovan, resulting in

raising the industrial dispute in respect of the

seniority position of the above persons in the

category of Helpers. The petitioner union would like

to bring to the kind attention of this court the

seniority lists published by the respondent management

in the year 1986, 1989 and 1995 for all the categories

of employees in the mills. It is very pertinent to note

that in the seniority list of the year 1986, in the

category of Helper the name A. Udayakumar (F) has

been placed under serial No. 14 while S. Elangovan

has been placed below him under Serial No. 15.

Similarly in the seniority list of the year 1989

A. Udayakumar and Elangovan have been placed

under Serial Nos. 12 and 13 respectively in the

category of Helpers. To add further in the seniority list

of the year 1995 in the seniority list of Fitter-Helpers

(Semi-skilled) Udayakumar and Elangovan have been

accorded seniority position No. 6 and 7 respectively.

However, quite surprisingly in the seniority list, dated

28-4-2000 obliged by the respondent in the category

of Fitter-Helper (Seasonal) the said S. Elangovan has

been placed in the 4th position while A. Udayakumar

has been placed in the 5th position. Aggrieved by

the same the petitioner union has raised the

industrial dispute.

The petitioner union raised the dispute by

submitting representation, dated 20-9-2001 to the

Labour Officer (Conciliation), Pondicherry finding

fault with the respondent management for altering

the seniority position of Udayakumar. The respondent

management filed its reply before the Conciliation

Officer belatedly, after 4 years. This made the

petitioner union to submit its rejoinder for the reply

of the respondent management. As the conciliation

of the dispute was not possible due to the adamant

attitude of the management, it tendered in failure

report, dated 2-12-2003 by the Conciliation Officer.

And the present dispute has been referred to this

court by the Government through G.O. Rt. No., dated

31-3-2006. During the pendency of the above

industrial dispute before this court the respondent

management has granted promotion to S. Elangovan

as Fitter through order, dated 4-11-2006 with effect

from 6-11-2006.

When the dispute between the petitioner union

and the respondent management in the matter of

seniority of Udayakumar in relation to Elangovan in

the post of Fitter-Helper was pending before this

court, the granting of promotion by the respondent

to said Elangovan as Fitter is highly unjustified,

making mockery of judicial proceedings. In fact even

when preparatory steps were taken by the

respondent in this regard, Thiru A. Udayakumar sent

notice, dated 9-10-2006 through his counsel calling

upon the respondent to stop the process of issuing

Fitter promotion to Elangovan and till the disposal

of industrial dispute by this Tribunal. The above act

of the respondent is also against the provisions of

the Industrial Disputes Act, 1947 contained in

section 33. According to the above provision the

employer shall not alter to the prejudice to the

workman concerned in the industrial dispute the

condition of service applicable to workman

immediately before the commencement of proceeding

before the Industrial Tribunal, during the pendency

of the proceedings before the Tribunal. By granting

promotion to S. Elangovan the respondent has

altered the condition of service applicable to

workman concerned in the Dispute ID(T) 3/2006 in

regard to matter connected with the dispute

(i.e. seniority). The respondent management is an

agency of instrumentality of State under Article 12

of the Constitution of India and is expected to act

as a model employer. The above act of the respondent

is also against the certified standing orders and

service rules of the respondent company. Moreover

it reveals a clear case of arbitrary exercise of power

by the respondent. The constitutional principle of

equality has also been grossly violated by the

respondent. As the respondent has no justification

to ignore the settled seniority list in the post of

Fitter-Helper, there is a good ground for interference

by this court.

The issue relating to granting of promotion to

S. Elangovan is incidental to the terms of reference

made by the Government for determination by this

Tribunal. This Tribunal may kindly take note of the

916

LA GAZETTE DE L’ETAT

[23 December 2014

fact that for granting promotion the material factor

is the seniority in the feeder post. As such the

question relating to legality of the promotion granted

to S. Elangovan by the respondent to the post of

Fitter comes within the purview of this Tribunal,

being incidental to the determination of main issue

relating to seniority position of A. Udayakumar and

S. Elangovan in the post of Fitter-Helper. This

dispute can also be approached from another angle.

According to section 33-A of the Industrial Disputes

Act, 1947 this Tribunal is empowered to adjudicate

as to whether the condition of service of the workman

has been changed during the pendency of the

proceedings when complaint is given in writing with

regard to contravention of section 33 of the above

Act. As such the petitioner intends to submit a

separate complaint in writing.

The petitioner craves leave of this Tribunal to treat

the various representations and contentions made by

the parties before the Conciliation Officer may kindly

be treated as part and parcel of the representations

and contentions before this Tribunal. Except the facts

that are specifically admitted herein the petitioner

expects the respondent to prove its contentions

relating to the industrial dispute. The petitioner

reserves its right to file additional claim statement,

if warranted at a later stage. The petitioner prays

this Tribunal to pass an award holding that the demand

of the petitioner union claiming seniority of

Thiru A. Udayakumar, Helper over Thiru S. Elangovan

against the management of the respondent mills is

justified, that the promotion granted to Thiru S. Elangovan

to the post of Fitter is null and void and to grant

such other reliefs as deemed fit and proper.

3. The respondent in this counter has stated as

follows:

The respondent denies all the averments

contained in the claim statement except those that

are admitted hereunder.

The dispute relating to promotion of one S. Elangovan

as Fitter, from the post of Fitter-Helper, is not covered

by the reference and therefore, it cannot be raised in

this proceeding. The dispute relates to the grant of

seniority to the said S. Elangovan in preference to

one A. Udayakumar.

The respondent puts the petitioner to strict proof

that it is the practice of the mills, to fix seniority on

the basis of age factor. The said Udayakumar is elder

to the said Elangovan by less than 2 years. Having

regard to the educational qualification, the ability, the

skill and the quality of performance, the seniority is

fixed. The seniority list, published in the routine

manner does not give any vested interest to the said

Udayakumar nor it is binding on the mills.

When the promotion was due from the post of

Fitter-Helper, following the principles of fairness,

equity and good conscience, the mills having

examined the correctness of the ranking and given

an overall consideration to all the attending and

relevant factors, had rightly revised the seniority and

placed the said Elangovan senior to the said

Udayakumar, and the mills are not estopped from

revising the order of seniority. The mills bona fide

revised the seniority after considering all relevant

factors, relating to the said Udayakumar and the said

Elangovan. The respondent puts the petitioner to

strict proof the said Udayakumar has a meritorious

record deserving senior status to that of the said

Elangovan.

The leave on loss of pay is considered only for

the postponement of increments and not for the

reduction in seniority and therefore, the claim of the

petitioner is untenable. The respondent puts the

petitioner to strict proof that there is interruption of

continuity of service by way of “service cuts” in the

case of the said Elangovan. The respondent puts the

petitioner to strict proof that in terms of merits, the

said Udayakumar was in a better position than the

said Elangovan. The respondent puts the petitioner

to strict proof that there are demerits in the service

record for the said Elangovan to rank him junior to

the said Udayakumar. The respondent puts the

petitioner to strict proof that the act of the mills is

against the certified standing orders and the service

rules. The respondent denies that there was an

arbitrary exercise of power in the case of the said

Udayakumar. The ranking of the said Elangovan as

senior to the said Udayakumar is just and proper and

consequently the promotion given to the said

Elangovan, as Fitter, from the post of Fitter-Helper,

on the basis of the revised seniority is also just and

proper. The act of the mills is not mala fide.

Therefore the petitioner is not entitled to any relief.

This court may be pleased to dismiss the reference

with cost.

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

and the side of the respondent RW1 and RW2 were

examined, on the petitioner side Ex.P1 to Ex.P9 were

marked. On the side of the respondent, Ex.R1 to Ex.R6

were marked.

917

23 December 2014]

LA GAZETTE DE L’ETAT

5. The point for determination is:

Whether the industrial dispute can be allowed or not?

6. On the point:

Both sides heard. It was submitted by the counsel

for the petitioner that the petitioner is representing one

Udayakumar who was working as a Helper in the

Pondicherry Co-operative Sugar Mills Limited, seniority

was to be fixed as to the senior to one S. Elangovan

who was a junior in the service of the said respondent

mill by virtue of joining date. Subsequently, the said

Elangovan was placed as a senior to the said Udayakumar.

The conciliation was taken place regarding the fixation

of the seniority between the said Udayakumar and

Elangovan. The said conciliation was failed because of

the attitude of the respondent management. Hence this

reference. The said Udayakumar was to be placed as a

senior to the said Elangovan in his service.

7. On behalf of the respondent, it was contended

that the seniority was being fixed on the basis of merit-

cum-seniority and other relevant factors. The said

Elangovan was qualified technically better than the said

Udayakumar. Hence the claim of the petitioner that

Udayakumar was to be placed as a senior over the said

Elangovan was not maintainable.

8. After hearing both sides, records were perused.

On perusal it comes to light that on behalf of the

petitioner PW1 was examined and on behalf of the

respondent RW1 and RW2 were examined. On behalf of

the petitioner Ex.P1 to Ex.P9 were marked. Respondent

side Ex.R1 to Ex.R6 were marked.

9. On the basis of the submission of the respondent

counsel, a perusal of the evidence of RW1 who would

say as follows (relevant portion):-

“The workman, A. Udayakumar was appointed as

“Fitter-Helper” (seasonal) on the same consolidated

pay of ` 620 per month with effect from 1-6-1986. The

workman, S. Elangovan, the counterpart of A. Udayakumar,

was also appointed to the post of “Fitter-Helper”

(Seasonal) with effect from 1-6-1986 from the post of

“Oil Man” (Seasonal). The order of seniority among

the “Fitter-Helper” (Seasonal) was assigned by the

selection committee, having regard to respective

educational and technical qualifications, among other

aspects. The workman, A. Udayakumar passed S.S.L.C.

(10th standard) in 1980 and the technical course in

fitting (Higher Secondary Course Certificate-Vocational

Eduation) in 1982, whereas, the workman, S. Elangovan

passed Fitter Grade in Junior Technical High School (JTS)

in 1981 and the course of General Mechanist

in Technical Higher Secondary School-Vocational in

1983. Therefore, the selection committee having

examined the relative technical qualifications of both

the workmen, ranked S. Elangovan as senior to A.

Udayakumar, which is just and proper. There is no

practice in the mills to fix seniority only on the basis

of age.”

A cursory reading of the evidence of RW1 would

show that the seniority was fixed on the basis of the

merit and other qualifications by the competent

authority, namely, the selection committee and the

seniority was not fixed on the basis of age.

10. A perusal of evidence of PW1 at the time of

cross-examination who would show as follows (relevant

portion):-

“

NMR

Fitter/Helper

Fitter/Helper

 seasonal  semi-skilled



Fitter  Fitter/

Helper



 seniority



Selection commitee

 seniority ”

A careful study of evidence of PW1 at the time of

cross-examination would reveal the fact that a

selection committee was constituted for the purpose

of deciding the seniority among the workers, on the

basis of the said committee report, seniority was

fixed, was the evidence of PW1 at the time of cross-

examination.

11. Though, it was submitted by the petitioner that

the said Udayakumar seniority was fixed over the said

Elangovan as exhibited, Ex.P1, but a perusal of Ex.P1,

on the basis of the evidence of PW1, which would show

that the Ex.P1 was not at all a authorised document i.e.,

the said document was not signed either by the respondent

mill authority or by any competent authority and also

it was only a photocopy containing the names as

mentioned thereon. The said photocopy also would not

show the fact for which purpose the said copy was

prepared and by whom on which date, these facts were

not revealed on the face of the said document.

The other documents filed by the petitioner also would

not establish the case of the petitioner that the

petitioner was fully qualified for the said post, namely,

the post which was in dispute and the said Udayakumar

918

LA GAZETTE DE L’ETAT

[23 December 2014

was fully qualified to be placed over the said Elangovan

as a senior by the respondent authority. Whereas, the

documents filed by the respondent would reveal the fact

that the said Elangovan was qualified for the said post,

namely, the Fitter was established by the respondent

by the documents as adduced by the respondent,

marked as exhibits. Hence the court decided on a

considered view that the case of the petitioner was not

established and whereas the case of the respondent was

established. The points are answered accordingly.

12. In the result, the reference is answered that the

claim of the said Udayakumar seniority over the said

Elangovan was not justified and the petitioner is not

entitled for any relief, on the basis of the seniority

claimed. Accordingly it is ordered.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 28th day of October 2014.

G. DHANARAJ,

Presiding Officer,

Industrial Tribunal, Puducherry.

————

List of witness examined for the petitioner:

PW.1 — 4-4-2012

— Udayakumar

List of witnesses examined for the respondent:

RW.1 — 22-8-2013

— Dayalan

RW.2 — 27-6-2014

— Ilangovan

List of exhibits marked for the petitioner:

Ex.P1 — Copy of the extract from seniority list

published by the respondent company

in 1986.

Ex.P2 — Copy of the extract from seniority list

published by the respondent company

in 1989.

Ex.P3 — Copy of the extract from seniority list

published by the respondent company

in 1995.

Ex.P4 — Copy of the representation submitted by

me to the Labour Officer (Conciliation),

Puducherry.

Ex.P5 — Copy of the reply filed by the respondent

to

Labour

Officer

(Conciliation),

Puducherry.

Ex.P6 — Copy of the failure report submitted by

Labour Officer (Conciliation), Puducherry

to Secretary to Government (Labour),

dated 2-12-2003.

Ex.P7 — Copy of the circular, dated 8-8-2006

issued by the respondent.

Ex.P8 — Copy of the letter submitted by me to the

Labour Officer (Conciliation), Puducherry,

dated 20-9-2001.

Ex.P9 — Copy of the letter submitted by me to

the Labour Officer (Conciliation),

Puducherry, dated 5-12-2000.

List of exhibits marked for the respondent:

Ex.R1 — Copy of the Mark list, dated 25-6-1981

Ex.R2 — Copy of the Mark list, dated 7-6-1983

Ex.R3 — Copy of the Mark list, dated 7-6-1984

Ex.R4 — Copy of the Statement of Marks,

dated 7-5-1990.

Ex.R5 — Copy of the National Trade Certificate

Ex.R6 — Copy of the Certificate of Competence,

dated 18-9-1993.

G. DHANARAJ,

Presiding Officer,

Industrial Tribunal, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 139/Lab/AIL/J/2014, dated 5th December 2014)

NOTIFICATION

Whereas, the award in I.D. (T) No. 19/2012,

dated 24-9-2014 of the Industrial Tribunal, Puducherry

in respect of the industrial dispute between the Managing

Director, Anglo-French Textiles, Puducherry and

Thiru A. Rajendiran, over regularisation in the post of

Attender with remuneration 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)

GIDDI BALARAM,

Under Secretary to Government (Labour).

919

23 December 2014]

LA GAZETTE DE L’ETAT

BEFORE THE INDUSTRIAL TRIBUNAL

AT PONDICHERRY

Present : Thiru G. DHANARAJ, B.SC., B.L.,

Presiding Officer,

Industrial Tribunal.

Wednesday, the 24th day of September 2014

I.D. (T) No. 19/2012

A. Rajendiran

. . Petitioner

Versus

The Managing Director,

Anglo-French Textiles,

Puducherry.

. . Respondent

This industrial dispute coming on this day before

me for hearing in the presence of Thiru V.N.S. Srinivasan,

Advocate for the petitioner and Thiru B. Mohandoss,

Advocate for the respondent, upon perusing the case

records, this court passed the following:

AWARD

This industrial dispute arises out of the reference

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

No. 126/AIL/Lab./J/2012, dated 24-7-2012 of the Labour

Department, Puducherry to resolve the following

dispute between the petitioner and the respondent, viz.,

(1) Whether

t h e

d i s p u t e

r a i s e d

b y

Thiru A. Rajendiran against the management of

M/s. Anglo-French Textiles over regularisation in the

post of Attender with remuneration is justified?

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

entitled to?

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

of money, if it can be so computed?

2. In view of the order passed in I.A.23/2014, the

petition is dismissed.

Written and pronounced by me in the open court

on this the 24th day of September 2014.

G. DHANARAJ,

Presiding Officer, Labour Court,

Puducherry.

————







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





































































































































