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LA GAZETTE DE L’ETAT
[21 April 2015
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Rt. No. 32/Lab./AIL/J/2015, dated 13th April 2015)
NOTIFICATION
Whereas, the award in I.D.(L)No. 39/2014, dated 12-2-2015
of the Labour Court, Puducherry in respect of the
industrial dispute between the management of
M/s. Checkmate Security Service, Adambakkam, Chennai
and its workman Thiru K. Murugan over non-employment
has been received;
Now, therefore, in exercise of the powers conferred
by sub-section (1) of section 17 of the Industrial
Disputes Act, 1947 (Central Act XIV of 1947) read with
the notification issued in Labour Department’s
G.O. Ms. No. 20/91/Lab./L, dated 23-5-1991, it is hereby
directed by Secretary to Government (Labour) that the
said award shall be published in the official gazette,
Puducherry.
(By order)
GIDDI BALARAM,
Under Secretary to Government (Labour).
————
BEFORE THE LABOUR COURT AT PONDICHERRY
Present : Thiru G. DHANARAJ, B.Sc., B.L.,
Presiding Officer, Labour Court.
Thursday, the 12th day of February 2015
I.D. (L) No. 39/2014
K. Murugan
. . Petitioner
Vs.
The Managing Director,
M/s. Checkmate Security Service
. . Respondent
This industrial dispute coming on 6-2-2015
for final hearing before me in the presence of
Thiru A. Karunamoorthy, Counsel for the petitioner,
respondent called absent, set ex parte, 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. 94/AIL/Lab./J/2014, dated 5-6-2014 for
adjudicating the following:-
(1) Whether the dispute raised by the petitioner
Thiru K. Murugan against the management of
M/s. Checkmate Security Service, Adambakkam, Chennai
over non-employment is justified? If justified,
what relief he is entitled to?
(2) To compute the relief, if any awarded in terms
of money, if it can be so computed?
2. The facts giving rise to this industrial dispute as
stood exposited from the claim petition runs thus:-
He is an employee of the respondent company was
working as security from 22-5-2006 and he was
discharged to extreme satisfaction of the respondent
management.
The petitioner was working under the respondent
management from 2-5-2006 to 1-5-2013 for the past
7 years without any blemish/remarks at all by the
respondent management and during the said course
of the employment the petitioner has not avail any
unauthorised leave from his employment of the
respondent management. For the past 7 years the
petitioner had served hardly to the respondent
management.
Till date there is no remarks at all as against the
petitioner either by the management or by any
colleague of the petitioner and there is good name
in the said respondent management, but, the
petitioner as well as other employees had been given
very lowest salary of ` 5,952 per month by the
respondent management.
Because of unlawful employee activities of the
respondent management, to get remedy before the
respondent management, such as late salary
payments, not providing salary slips and details of
various dedications in salary, not providing weekly
holidays to the security staffs the petitioner made
several representations through phone and in written
and duly represented in the feedback on security
services from various companies for which he went
for security duties to the respondent management.
The respondent management got vengeance as
against the petitioner and tried to defeat and stop
such legal activities and affairs of the petitioner as a
result, the respondent management had stopped the
petitioner from his service unlawfully without
providing any lawful notice.
On 2-5-2013 due to his illness took leave for one
day after due intimation to the respondent management
by mobile phone and duly making entry in the
attendance register on 1-5-2013 itself. After the said
leave on 2-5-2013 the petitioner came back for his
duty on 3-5-2013 and duly signed in the attendance
register also but the respondent management
appointed one Babu in his place and send back the
petitioner without providing the duty. The petitioner
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has approached the respondent management for his
regular employment but the same was illegally
refused by the respondent management. The refusal
of employment is contrary to the Labour laws and
the principle of natural justice.
The respondent management has not furnished
any show cause notice or to conduct any enquiry
against the petitioner. In fact the act committed by
the respondent management is nothing but illegal,
and against the Labour laws and principle of natural
justice. So far the respondent management has not
turned neither reply nor employment and always
acting as against this innocent employee petitioner.
Regarding the illegal act of the respondent
management the petitioner approached before the
conciliation on 25-7-2013 and after it's intervenes/
approaches to the respondent management, the
respondent management has not adhere anything
and acting against this petitioner continuously and
also the matter was not disposed within the period
of 45 days, hence this petition for adjudication.
3. No counter was filed on behalf of the respondent.
4. On the side of the petitioner, PW.1 was examined
and Ex.P1 to Ex.P14 were marked.
5. The point for consideration is:
Whether the industrial dispute can be allowed or not?
6. On this point:
Heard. It was submitted by the counsel for the
petitioner that the petitioner was the employee of the
respondent security service as security guard. The
petitioner was joining the respondent security service,
namely, M/s. Checkmate Security Service on 22-5-2006.
The petitioner was working as a security guard with the
respondent security service for about 7 years without
any blemish records. The petitioner was paid for a sum
of ` 5,952 per month by the respondent management.
The respondent management was doing unlawful
activities against the employee and were not providing
the weekly off. The petitioner was stopped from
attending the duty by the respondent management
unlawfully without any notice. The petitioner was taking
leave for one day on 2-5-2013, due to illness. The
petitioner had informed the respondent management
regarding the leave taken by the petitioner through
mobile phone and also the said fact was entered into
attendance register on 1-5-2013 itself. The petitioner was
attending duty on 3-5-2013 but the respondent
management had appointed one Babu, instead of
petitioner and the petitioner was not provided with any
duty. The petitioner was not provided any duty illegally
by the respondent management and against the natural
justice. The matter was conciliated by the concerned
Conciliation Officer, the Conciliation was failed. Hence
this dispute.
7. On behalf of the respondent, in spite of the
repeated adjournments, there was no representation and
the respondent was set ex parte.
8. After hearing the petitioner’s counsel, records
were perused. On perusal it comes to light that on behalf
of the petitioner a proof affidavit was filed by the
petitioner himself and as much as 14 documents were
produced which was marked as Ex.P1 to P14.
Accordingly a perusal of the Ex.P3 which would reveal
the fact that the Ex.P3 was a attendance register
photocopy, for the concerned guards, caretakers and
supervisors including the petitioner's name maintained
by one TATA Motors Finance Limited, Puducherry.
A perusal of the Ex.P4 reveals the fact that it was also
a photocopy of the attendance sheets for the month of
March 2013 maintained by TATA Motors Finance
Limited. The documents filed by the petitioner, namely,
Ex.P5 to P8 were the documents regarding the salary
particulars of the petitioner, namely, K. Murugan issued
by the Checkmate Services Private Limited, attached
with the TATA Motors Finance Limited, for the period
as mentioned thereon. A perusal of the Ex.P9 would
reveal the fact that a representation was given by the
petitioner to the respondent management and the matter was
conciliated by the Conciliation Officer, also established
by the petitioner as exhibited P10, P11, P12 and P13.
9. A perusal of the Ex.P12 which was a report filed
by the Conciliation Officer to the Secretary to the
Government, Labour Department, Puducherry, wherein
it has been mentioned as follows:-
“During
the
course
of
conciliation
the
management has stated that they have not denied
employment and PF contributions have been paid
regularly and also assured before the conciliation
machinery that the issue would be settled amicably”.
A cursory reading of the abovesaid averments
mentioned in the Ex.P12 would reveal the fact that the
respondent management themselves admitted before the
Conciliation Officer that they have not denied
employment to the petitioner and the dispute would be
settled amicably was the averments mentioned in the
Ex.P12 which was prepared by the Conciliation Officer.
And it was stated by the concerned Conciliation Officer
himself that the respondent management was not denying
the employment to the petitioner as mentioned thereon.
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[21 April 2015
10. It has been held in a case as reported in Government
of National Capital Territory Vs. Mrs. Kamlesh, 1996 (1)
LLJ 469 (Delhi) vide Industrial Disputes Act by Justice
D.D. Seth, 9th edition, Pg.1796 as follows:-
“Industrial Disputes Act, 1947, section 25-F illegal
termination of workman such workmen entitled to full
back wages being within scope of reference”.
In the light of the above said ruling, a perusal of the
records on hand, the court decided on a considered
view, that the abovesaid proposition of the law laid
down by the Hon’ble High Court is also squarely
applicable to the given case, because in this case also
the respondent management did not assign any valid
reason before this court as to non-employ the petitioner
and also it was admitted by the respondent management
before the concerned Conciliation Officer that they were
not denying the employment to the petitioner and the
issue would be settled amicably. In spite of the said fact
i.e. in spite of the said admission, before the concerned
Conciliation Officer, the respondent management did
not settle the matter amicably and did not come forward
before this court as to represent its case and the
respondent management was remained ex parte. Hence
the court decided on a considered view that the case
of the petitioner was established and the petitioner is
entitled for reinstatement with the respondent
management organisation and is entitled for the salary
as drawn by him on the date of 1-5-2013 which was the
last date attended by the petitioner to the employment
and also the petitioner is entitled for the back wages
from the date of 3-5-2013 till the date of reinstatement.
The arrear amount should be paid to the petitioner,
namely, K. Murugan by the respondent management
within three months from the date of this order, failing
which the petitioner would be entitled for six per cent
of interest for the said arrear amount. Accordingly, it is
ordered.
11. In the result, it is ordered that the petitioner is
entitled for the reinstatement with the respondent
management as security guard and also entitled for the
salary from the date of 3-5-2013 to the date of
reinstatement and the arrear amount should be paid to
the petitioner within three months from the date of this
order, failing which the petitioner is entitled for six per cent
interest thereon. Accordingly, it is ordered.
Typed to my dictation, corrected and pronounced by me
in the open court on this the 12th day of February 2015.
G. DHANARAJ,
Presiding Officer,
Labour Court, Pondicherry.
List of petitioner’s witnesses:
PW.1 — 6-2-2015
— K. Murugan
List of petitioner’s exhibits:
Ex.P1 — Copy of the Employee Identity Card in
petitioner and respondent, dated 15-2-2007.
Ex.P2 — Copy of the E.S.I. Corporation
Identity Card in petitioner and E.S.I.,
dated 8-2-2007.
Ex.P3 — Copy of the attendance register in
petitioner and respondent.
Ex.P4 — Copy of the feedback and attendance
sheets given by Tata Motors in
petitioner and Tata Motors Finance Ltd.
Ex.P5 — Copy of the salary sheet in petitioner
and ICICI, dated November 2008.
Ex.P6 — Copy of the salary sheet in petitioner and
Essar Steels Ltd., dated December 2010.
Ex.P7 — Copy of the salary sheet in petitioner
and Tata Motors Finance Ltd., dated
September 2012.
Ex.P8 — Copy of the salary slip in petitioner and
respondent, dated November 2012.
Ex.P9 — Copy of the representation in petitioner
and respondent, dated 3-5-2013.
Ex.P10 — Copy of the representation in petitioner
and Labour Officer (Conciliation),
dated 16-5-2013.
Ex.P11 — Copy of the notice of enquiry in Labour
Officer (Conciliation) and respondent,
dated 4-7-2013.
Ex.P12 — Copy of the report on failure of
conciliation in petitioner and Labour
Officer (Conciliation), dated 14-5-2014.
Ex.P13 — Copy of the order referred to Labour
Court for adjudication in petitioner
and Labour Officer (Conciliation),
dated 5-6-2014.
Ex.P14 — Copy of the notice in petitioner and
Labour Court, dated 1-7-2014.
G. DHANARAJ,
Presiding Officer,
Labour Court, Pondicherry.