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[4 August 2015

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 81/Lab./AIL/J/2015, dated 13th July 2015)

NOTIFICATION

Whereas, an award in I.D.(T) No. 12/2010, dated 9-12-2014

of the Labour Court, Puducherry in respect of the

industrial dispute between the Managing Director,

M/s. Hindustan Unilever Limited (Detergent Factory),

Puducherry and Hindustan Unilever Workers Union,

Puducherry over promoting juniors overlooking the

seniority of 135 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)

A. RAJARATHINAM,

Under Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PONDICHERRY

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

Presiding Officer, Labour Court.

Tuesday, the 9th day of December 2014

I.D. (T) No. 12/2010

The President,

Hindustan Unilever Workers Union,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Hindustan Unilever Limited,

Detergent Factory,

Puducherry.

. . Respondent.

This industrial dispute coming on 25-11-2014 for final

hearing before me in the presence of Thiruvalargal

M. Veerappan and S. Lenin Durai, Counsel for the

petitioner, Thiruvalargal L. Sathish, T. Pravin,

S. Velmurugan and V. Veeraragavan, 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. 187/AIL/Lab./J/2010, dated 20-9-2010 for

adjudicating the following:-

(1) Whether the dispute raised by the Hindustan

Unilever Workers Union against the management of

M/s. Hindustan Unilever Private Limited, Detergent

Factory, Puducherry over promoting juniors overlooking

the seniority of 135 workers as mentioned in the

Annexure is justified or not?

(2) If justified, what relief the 135 workers of the

union are entitled to?

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

of money, if it can be so computed?

2. The facts giving rise to this industrial dispute as

stood exposited from the claim petition runs thus:-

The petitioner union is one of the major union in

the respondent company which has the 280 members

in the employees union and all are employed in the

said respondent company. The petitioner union had

submitted a representation to respondent company

regarding consideration of promotion to 135 workers

of the union who have been put in the service of

around thirteen years. But the respondent company

refused to give promotion to them.

The petitioner’s employees union has taken up

the issue of non-consideration of promotion to the

union members of 135 employees and denial of

promotion to the said employees to the next cadre

who have been put in the service of more than

thirteen years with the respondent company, but the

respondent company failed to see the reason and

acted arbitrarily and against established law.

While denying promotion to the said 135 employees,

the respondent company has given promotion to

some 70 employees without any basis.

Without adhering the basic principles of seniority

of the employees in the said company the promotion was

considered and given to the above said 70 employees.

The company has stated that promotion would be

considered on the basis of the criteria laid down in

Part ‘C’ 2(d) as per the terms and conditions of the

broad criteria for eligibility for upgradation/promotion

shall be as follows:-

(i) Minimum five years service in the company.

(ii) No record of disciplinary action over the

last three years.

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(iii) Regular attendance of the minimum

240 days each year for the previous 3 cosecants

years of service.

(iv) Performance o n t h e j o b i n c l u d i n g

multi-skilling and flexibility.

(v) Needless to mention that upgradation/

promotion will be at the sole discretion and

management and shall be non-negotiable.

As per the broad criteria for eligibility for

upgradation/promotion was mentioned in the

memorandum of settlement in the year 2002, there is

no proper rule was framed or guidelines was issued

by the respondent company to implement the criteria

for eligibility for promotion.

The petitioner union was not a party to the

memorandum of settlement executed in the year 2002.

The most of the agreed terms are widely balancing

on the management side and there are unspecific,

uncertain and ambiguity clauses found in the said

settlement. The point made in the settlement as if the

management cannot be questioned on such terms and

conditions is absolutely arbitrary and cannot be

enforced as per law. Therefore, the discretionary

power enumerated in the Clause-V is absolutely

constitutional and unlawful and therefore the

management could not take any advantage under the

guess of this clause and stating that upgradation/

promotion could be done at the mercy of management.

There is also another memorandum of settlement

which come into force in the year 2007 and will be in

force till 2011. In the said memorandum of settlement,

the criteria for eligibility/promotion to the staff is not

at all mentioned and the management failed to

incorporate many important items or omitted in the

said memorandum of settlement and when the

employees union raised question about many

important points were not covered, the management

failed to give valid clarification or explanation.

But they simply said that the omitted items in the

memorandum of settlement of 2007 may be covered

as per the memorandum of settlement existed in the

year 2002.

Out of the 135 employees there are 88 employees

are non-technical employees and the remaining 47

only technical employees. The eligibility criteria for

upgradation/promotion as stated in Part ‘C’ 2(d) (IV)

is applicable only to skilled employees and it may not

be applicable to non-technical employees like packer,

house keeper, scavenger, forklift operator and similar

employees. The management by taking advantage of

broad criteria for eligibility for promotion as stated

in the settlement in the year 2002, should not refuse

promotion/upgradation to the said employees. Even

the technical employees who fulfill criteria as per

Part ‘C’ 2(d) (I) (II) (III) (IV) as per settlement are

entitle to be promoted to another higher grade/post.

But the management taking advantage of the

Part ‘C’ 2(d) (V) so far denied upgradation/

promotion to the all 135 employees which is

arbitrary, unconstitutional and contrary to the

procedure laid down in this regard.

The respondent company was informing the

employees union that the upgradation/promotion

would be considered only on the basis of the above

said criteria and also basing on seniority-cum-merit

basis. But, it may be noticed that the respondent

company have never issued any seniority list to

anyone of the employees in this case so far. Unless

the company issued seniority list to all the

employees and maintain a seniority list every year,

the question of seniority-cum-merit may be accepted

and that too only for the technical employees but the

management has not maintain any such seniority list

and the same was not published and communicated to

the staff of the company.

The management’s standing order which is a basic

constitution to run the company fail to indicate the

provision of appointment, regularization, promotion

and such other important aspects in the said standing

order. Therefore, neither the standing order nor the

terms and conditions as per the memorandum of

settlement 2002 and 2007 have clearly indicated the

promotion policy in terms of rules or guidelines so

as to make mandatory and transparent to follow by

management as well as employees. Therefore, the

respondent company failed to follow equality of

treatment in equal circumstances as per Article 14 of

the Constitution of India and also failed to act as per

Article 16 of the Constitution of India wherein

equality of opportunity should given but the above

said employees were denied promotion arbitrarily and

only some people were given promotion without

following any rules, guidelines and without any

basis and as such the act of the management

construed to be unfair, arbitrary and goes against the

spirit of the principles of laid down rules in this

regard.

The management have admitted that there are two

types of employees engaged in the company and the

one technical staff and another is non-technical staff

but the respondent management failed to provide

specific provisions for upgradation/promotion to the

technical and to the non-technical staffs and

therefore, the failure of or refusal of consideration

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[4 August 2015

of promotion to the abovesaid aggrieved employees

is not justified and therefore the management act of

refusal to give promotion/upgradation is arbitrary,

unfair and therefore illegal.

The technical employees and non-technical

employees list are furnished in the list of documents

and their details and period of service and their

position from the date of appointment to till date are

also furnished in the said statement which may kindly

be perused please. This would clearly point out that

respondent management is not only acting unfairly,

unconstitutionally but also acted arbitrarily and

therefore refusal of consideration of promotion to the

abovesaid employees by the respondent management

is totally illegal and unconstitutional.

The issue of not giving promotion to 135 workers

who are seniors in the company and put into several

years of service and also fulfilled the eligibility

criteria was represented by the petitioner union with

the respondent management. Since the management

refused to consider the issue to give promotion to

the said employees the matter was taken up with the

Labour Officer (Conciliation) to seek the interference

of the competent authority to render justice to the

abovesaid affected employees.

The petitioner raised labour dispute before the

Labour Officer (Conciliation) and the conciliation

proceedings in which the Labour Officer advised

the management to consider the promotion of

135 employees who have been put in the service of

around thirteen years in the said company. But the

respondent company adamantly refused to consider

the views of the Labour Officer (Conciliation) and

the proceedings ended in failure and therefore the

failure report was issued on 20-5-2010 and

consequently, the matter was referred to this court

for adjudication.

The refusal of giving upgradation/promotion to

the 135 employees of the said company although they

fulfilled the eligibility criteria is arbitrary, unfair and

therefore not maintainable in law for the following

among other reasons.

The petitioner union reserves the right to file

additional claim statement/reply statement as and

when it is required.

Grounds:

(i) The management refusal of consideration of

upgradation/promotion to the 135 employees is

violation of basic principles of constitutional law

under Article 14 and Article 16 and constitutes unfair

labour practice and therefore it is not maintainable

in law.

(ii) The failure to follow the standard guidelines/

rules for promotion to the technical as well as

non-technical employees of the said company who

are otherwise eligible for promotion are arbitrary and

therefore denial of promotion/upgradation to the said

employees of the management is unfair and unlawful

and therefore not maintainable in law.

(iii) This court pleased to pass an order directing

the respondent management to consider the promotion

of 135 employees and they may be given the upgraded

salary from the date on which they are eligible for

promotion/upgradation and further the management

may be directed to pay the increment of pay and

other salary benefits and also other permissible

benefits to the abovesaid employees.

(iv) To pass orders and such other orders that

this court may deem fit and proper under the

circumstances of the case.

3. Per contra, traversing the averments the claim

statement, the respondent filed the counter with the

averments which runs thus:-

On justification of promoting juniors overlooking

the seniority of 135 workers and if it is justified, the

relief that 135 workers of union are entitled to. But

in the claim statement, the petitioner is seeking for a

direction to the respondent to consider promotion of

135 employees and upgradation of their salary, increment

and other benefits. There is no reference regarding

consideration of promotion of petition-mentioned

workers. Therefore, the claim statement filed by

petitioner is not in accordance with the reference

made by Government and hence, no relief can be

granted in terms of relief sought for in the claim

statement.

The dispute raised by petitioner union challenging

alleged promotion to juniors allegedly overlooking

the seniority of 135 workers is not an industrial

dispute which can be adjudicated before this Tribunal

and hence, the very reference of the said dispute by

Government of Puducherry is bad in the eye of law.

It is gainsaid that matters covered under Schedule- III

of Industrial Disputes Act alone can be referred for

adjudication to Industrial Tribunal. Schedule-III of

the Industrial Disputes Act prescribes the following

matters to be referred for adjudication before this

Tribunal namely :—

1. Wages, including the period and mode of

payment;

2. Compensatory and other allowances;

3. Hours of work and rest intervals;

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4. Leave with wages and holidays;

5. Bonus, profits sharing, provident fund and

gratuity;

6. Shift working otherwise than in accordance

with standing orders;

7. Classification by grades;

8. Rules of discipline;

9. Rationalisation;

10. Retrenchment of workmen and closure of

establishment; and

11. Any other matter that may be prescribed.

The issue of promotion is not an issue covered

under Schedule-III of Industrial Disputes Act and

hence, there is no scope for adjudication of the said

dispute before this Tribunal.

Petitioner claims that juniors have been promoted

ahead of 135 senior workers. But, none of the so called

juniors who are said to be promoted have been made a

party to the proceedings. Section 2(k) of Industrial

Disputes Act defines industrial dispute as—

“2(k) ‘industrial dispute’ means any dispute or

difference between employers, or between employers

and workmen, or between workmen and workmen,

which is connected with the employment or

non-employment or the terms of employment or with

the conditions of labour, of any person...”

Thus, all disputes between workmen and workmen

also are covered within the meaning of industrial

dispute and hence, if the petitioner union has any

grievance regarding alleged promotion of so called

junior workers, they ought to have made those junior

workers party to this proceeding. None of so called juniors

were summoned by the Labour Officer (Conciliation)

in connection with the dispute raised by petitioner union.

In fact, event he bare minimum particulars of those 70

workers like their names, their employment numbers,

their date of enrollment, their designation etc., have not

been furnished. In the absence of those workers, the

1st issue of reference cannot be fairly adjudicated and

hence, the present dispute is liable to dismissed on this

count also.

The respondent putsforth the above issues as

preliminary issues and requests this Tribunal to

adjudicate these issues before adjudication to the fact

involved in the case.

Without prejudice to the aforementioned contentions,

the respondent states that even on merits, the petitioner

do not any substance in its claim and the same is liable

to dismissed.

Firstly the averments in the claim statements to the

effect that:-

(a) The petitioner union is a major union and has

280 workers of respondent company as its members.

(b) The union ever made any representation to

the respondent seeking promotion of 135 workers

and the respondent refused to consider them at any

point of time.

(c) The respondent ever acted arbitrary are

against established law.

(d) The respondent gave promotion to 70 workers

without any basis but, denied promotion to 135 workers.

(e) The respondent did not adhered principles of

seniority and promotion was given to 70 workers

without considering the said principle.

(f) No proper rules, regulations or guidelines exist

in respondent company to implement the scheme of

promotion.

(g) The petitioner union was not a party to the

memorandum of settlement signed in the year 2002.

(h) The agreed term in the said settlement were

widely balancing on management side and there was

any ambiguity, uncertainty in the clauses of

settlement there is any arbitrariness in terms of

promotion and they are unconstitutional and

unlawful.

(i) Important clauses or items are omitted to be

mentioned in 12(3) settlement signed in the year

2007, the eligibility criteria for promotion as stated

in Part C (2) (d) (IV) is applicable only to skilled

employees and not to technical employees like

packer, house keeper, scavenger, forklift operator and

similar employees.

(j) The respondent, taking advantage of the

Part ‘C’ 2(d) (V) of the said memorandum of

settlement, has so far denied upgradation/promotion to

all 135 workers which is arbitrary or unconstitutional.

(k) No seniority list is maintained or issued by the

respondent.

(l) Neither the standing order of the company

nor the terms and conditions in the memorandum of

settlement in 2002 and 2007 clearly indicates

promotion policy in.

(m) Respondent failed to follow equality of

treatment in equal circumstances as per Article 16 of

Constitution of India.

(n) Respondent is acting unfairly, unconstitutionally,

arbitrarily.

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[4 August 2015

(o) The respondent refused to consider the

petition mentioned workers for promotion, which is

illegal and unconstitutional.

(p) The respondent was advised by Labour Officer

(Conciliation) to consider the promotion of 135

workers who have been put in the service of around

thirteen years in the said company.

(q) Respondent company adamantly refused to

consider the views of the Labour Officer

(Conciliation).

(r) The petitioner are entitled to any relief as

sought for in the claim petition.

Are emphatically denied as false and baseless and

the petitioner is put to strict proof the same.

The respondent states that seniority of each of its

employee is easily and clearly ascertainable by the token

number given to each of the workers. The token

numbers are given in ascending order, beginning with

the senior most workers. Therefore, the grievance of

petitioner union that no seniority list is maintained or

disclosed by respondent is totally false and baseless.

The list of worker with their respective token number

and their date of joining is annexed herewith as

Annexure-1, which indicates the date of enrollment of

each of the workers. In the said list of workers, serial

number 39 to 43 are workers containing token number:

559 to 564. But, they are not juniors to the other listed

workers given in the claim petition. In fact, these

workers joined the respondent factory during 2007 with

previous experience of 13 years in another industry

belongs to Hindustan Unilever Limited and had

thorough exposure to the factory work.

The respondent states that it is absurd to claim that

the respondent has no concrete or transparent

promotion policies. The promotion policies are well

defined and accepted by then and only union

representing all the workers of respondent factory in 2002.

In the memorandum of settlement, dated 12-12-2002, the

respondent has spelt out the criteria for eligibility for

upgradation and promotion which is adopted by

respondent throughout all its factories including the

respondent unit from the date of its inception. The

promotion policies of the respondent and as admitted

by the petitioners themselves are—

(a) Minimum five years' service in the company.

(b) No record of disciplinary action in the last

three years.

(c) Regular attendance of minimum 240 days each

year for the previous 3 years consecutive in the

service.

(d) Promotion in the job including multi-skilling

and flexibility

(e) Upgradation and promotion at the sole

discretion of respondent and it is non-negotiable.

The five criteria are the most fundamental and basic

and yet essential requirements for consideration for

promotion of any worker. The criteria specified above

clearly indicate that the promotion policy of respondent

is based on merits, discipline and continuity of services.

It is gainsaid that promotion or upgradation cannot be

claimed as a matter of right as the same is within the

sole discretion of management as long as the discretion

is used by the management in fair, equitable and just

manner without any bias, vindictiveness or favouritism.

The promotion policy is well settled and widely

accepted by the workers and there was no dispute

regarding the same when the next settlement, dated

10-5-2007 was signed. Hence, it was not included in the

terms of settlement, dated 10-5-2007. It is of common

knowledge that only the disputed issues find their place

in the settlement and not undisputed issues. Pertinently,

even the petitioner union did not raise any dispute

regarding promotion policy in its charter of demands

preceding 12(3) settlement, dated 10-5-2007. Other than

petitioner, there are two more unions and they have not

raised any dispute regarding fairness of promotion

policy of respondent as on this date. Therefore,

promotion policy as found in settlement, dated

12-12-2002, still holds good for all practical propose and

there is absolutely no ambiguity or vagueness in the

said policy.

The petitioner cannot compel the respondent to

adopt the policy of seniority-cum-merit in promotion or

upgradation and respondent is free to give precedence

to merits, discipline and conduct of worker over his

seniority. The claim of petitioner is therefore contrary

to the well-established principle of promotion or

upgradation.

The petitioner’s accusation that the certified

standing order of the respondent company does not

contain promotion policy is again a void allegation and

reflects the ignorance of petitioner union regarding the

ambit in which certified standing orders of the company

operates. The Industrial Employees Standing Order Act

does not mandate promotion policy to be incorporated

in certified standing orders of the company. In fact, the

Model Standing Orders given in Annexure of said Act

does not contain any promotion policy, thus making it

clear that promotion policies need not form part of

certified standing orders.

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The petitioners is deliberately misinterpreting Part-C

2(d) (iv) of settlement, dated 12-12-2002 by claiming that

it is applicable only to skilled employee and not to

non-technical like packers, house-keepers, scavenger,

forklift operators, etc. The petitioner is misquoting the

term ‘multi-skilled’ used in the provision, which denote

the ability of a worker to do more than one activity in a

skillful manner. Such activities can be both technical

and non-technical. The logic being inclusion of such

criteria as consideration for promotion is that a person

who has ability to do more than one activities can be

easily accommodated in any position. For eg., if a packer

exhibits good skill in lift operation, he can be considered

for promotion for the post of packers as well as forklift

operators depending upon the requirements of the

respondent.

The petitioner’s allegation of unfair practice in

promoting 70 workers ahead of 135 workers listed in the

petition is as vague as vagueness could be. Assuming

without admitting that respondent had promoted 70

workers ahead of workers listed in claim petition, that

by itself is not sufficient for the petitioner to claim

promotion for themselves. The petitioner must plead

and prove that the respondent has acted in a mala fide

manner in promoting the ineligible workers and denying

promotion to workers listed in claim petition by giving

specific instances of such mala fide act of respondent.

The petitioner cannot make bald and vague allegation

of denial of opportunity in promotion without pleading

specific instance of any bias, mala fide act or

vindictiveness on the part of respondent in denying

promotion to workers listed in claim petition.

Petitioners cannot claim promotion on the sole

grounds that they are seniors in the respondent

company. The petitioners must plead and prove to the

satisfaction of this Tribunal that they possess all the

other requirements enlisted in the promotion policy viz.,

(a) they do not have any past records of disciplinary

action, (b) they have regular attendance of 240 days in

the previous 3 consecutive years and (c) they are

multi-skilled. The petitioner has not even pleaded that

the workers listed in claim petition satisfy all the criteria

to be considered for promotion.

It is false to claim that there is no clear division of

skilled or non-skilled workers. In fact, the list given by

the petitioner itself suggests that there is a clear

division between technical worker and non-technical

workers. Admittedly, there are two categories of workers

in respondent's factory; one is unskilled and the second

is skilled workers. The unskilled workers are further

categorized into two groups (a) W1 and (b) W2. The

skilled workers are categorized as W3 and W4.

As per the 12(3) settlement, dated 10-5-2007 W1

workers are further classified into W1E, who are entry

level workers under unskilled category (W1). The W1E

workers are not considered for promotion for initial

period of 5 years. But, as soon as he completes a period

of 5 years he automatically becomes W1 worker and

from thereon he becomes eligible to be promoted to the

next level i.e., W2 category. The W1 worker’s

performance is assessed based on his past conducts as

per the promotion policy. Before promoting a worker

from W1 to W2 categories, the respondent conducts

multilevel interviews. In the 1st level the worker is

interviewed by respondent’s line executive and line

manager of respective department. Once the worker

clears the 1st level of interview, the 2nd level interview is

conducted by Finance Manager, the H.R. Manager,

Line Manager and the Factory Manager. The performance

of the worker is thoroughly scrutinized and only eligible

and deserving workers are promoted to W2 level.

The skilled workers are categorized as W3 and W4.

They are ITI qualified. The same process of promotion

is followed for W3 and W4 workers also. The unskilled

workers also have every chance of upgrading

themselves to the category of skilled workers by their

experience and skills gained during the course of their

employment.

It commissioned its operation in the year 1997 and

as on date it has promote only 109 workers from all

categories. The last token number promoted by the

respondent is token No. 200. The list furnished by the

petitioner along with claim statement clearly shows that

except for the first 12 workers in the unskilled categories

and the first 9 workers in the skilled categories, the rest

of the workers are juniors to the last incumbent promoted

and therefore they cannot have any grievance.

The list of workers promoted by it as on this date is

annexed herewith. In the said list of workers, serial

number 39 to 43 are workers containing token number:

559 to 564. But, they are not juniors to the other listed

workers given in the claim petition. In fact, these

workers joined the respondent factory with previous

experience of 13 years in our another industry and had

thorough exposure to the nature of work.

The reason for not promoting some of the senior

workers like R. Muthukrishnan bearing token number 44

(currently this person is not in the company

employment) and M. Gopalakrishnan bearing token

number 78 etc., is that they failed to satisfy the

essential criteria for promotion or upgradation. Some of

the workers listed in the claim petition are facing serious

charges of misconducts and many of them do not

possess necessary attendance. Therefore, they cannot

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[4 August 2015

be considered for promotion because of past records.

There is absolutely no motive or reason behind

non-consideration of such candidates for promotion

except their own conducts. There is absolutely no

merits the claim of petition and hence, claim may be

dismissed.

There is absolutely no merit in any of the allegation

contained in the petition and therefore the present

application is liable to be dismissed with exemplary cost.

The respondent reserves its right to file additional

counter statement together with all the necessary and

relevant documents with the permission of this

Tribunal.

This court may be pleased to dismiss the claim

petition with exemplary costs and answer the reference

accordingly and justice be rendered.

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

and the side of the respondent RW1 was examined, on

the petitioner side Ex.P1 to Ex.P6 were marked. On the

side of the respondent, Ex.R1 to Ex.R30 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’s were employees of the

respondent company and the respondent management

did not consider the upgradation of the petitioner union

employees and the petitioners are eligible for the

promotion. The matter was conciliated but, the

respondent management did not concede the advice of

the Conciliation Officer. The respondent management

without any proper reason refuse to promote the

petitioner’s to the higher post, the petitioners are

eligible for the higher post.

7. On behalf of the respondent, it was submitted that

the dispute pending before this court cannot be

adjudicated by this forum. The dispute regarding the

promotion cannot be decided as it was not mentioned

in the Schedule-III of the Industrial Disputes Act and

also the petition is bad for non-joinder of necessary

parties. The persons who were alleged to have been

promoted were not added as a party in this case. The

promotion policy of the respondent company was

well-defined and was settled as per the settlement,

dated 12-12-2002 and also the settlement, dated

10-5-2007. The promotion policy was applicable for both

skilled and unskilled workers. The workers in the

respondent management factory were categorized as

skilled and unskilled labourers. The skilled workers are

categorized as W3 and W4 based on the sound

promotion policy. The promotion was in a transparent

manner and the eligible and deserving candidates were

promoted to the next level. Respondent had promoted

109 workers from all categories, the respondent

company had given specific reasons for the

non-promotion of the senior workers in the concerned

records. The Hon'ble High Court had ruled to that effect

to substantiate the views of the respondent company.

Hence, the petition is to be dismissed.

8. After hearing both sides. Records were perused.

On behalf of the petitioner PW1 was examined and Ex.P1

to P6 were marked. On behalf of the respondent RW1

was examined and Ex.R1 to R30 were marked. It was the

case of the respondent that the matter cannot be

referred to this forum as it was not mentioned in the

Schedule-III of the Industrial Disputes Act. Accordingly,

a perusal of the evidence of PW1 at the time of

cross-examination who would say as follows:-

“



(CP)

























”

A cursory reading of the evidence of PW1 at the time

of cross-examination would show that the dispute,

namely, the promotion of the employees other than the

persons mentioned in the petition and non-promoting

the persons mentioned in the reference, was not

authorised by the Act, especially, section 2(A) of the

Industrial Disputes Act. Because, it has been held in a

case as reported in 2012 IV LLJ Pg.700 (Madras)

T.M. Ramamoorthy Vs. Union of India, represented by

the Secretary to Government, Labour and Employment

Department, New Delhi and Others as follows:-

“Industrial Disputes Act (14 of 1947) - sections

2(k) and 2-A - Issue relating to promotion of

employee, held, would not be industrial dispute, and

could not be raised by individual workman, as such

issue could not be considered to be in respect of

non-employment”.

677

4 August 2015]

LA GAZETTE DE L’ETAT

A careful observation of the abovesaid ruling,

wherein, it has been clearly held that the issue relating

to promotion of the employee would not be a industrial

dispute and could not be raised by individual workman,

as such issue could not be considered to be in respect

of non-employment.

9. It has been held in a case B.K. Sbarma Vs. State

of U.P., 1976 (32) FLR 280 vide Industrial Disputes Act,

Justice D.D. Seth, 9th edition, Pg.519 as follows:-

“Section 2-A contemplates dispute arising out of

discharge, dismissal, retrenchment or termination of

services of individual workman and not other service

conditions. Where a workman is employed for a fixed

period with a condition that his right to continue will

automatically come to an end on expiry of the period,

this section has no application”.

10. In the light of the abovesaid rulings a perusal of

the records on hand which would also reveal that the

case of the petitioner’s that the problem i.e., the dispute,

i.e., promotion, which was said to have been denied to

the petitioners, was not a dispute which should be

decided by the concerned forum constituted under the

Industrial Disputes Act.

11. A perusal of the evidence of RW1 who would

say at the time of cross-examination as follows:-

“2002, 2006 settlement, part C- promotion must

given to those who have merit with clean upper hand

”.

A cursory reading of the abovesaid RW1 which would

show the fact that there was a settlement during the year

of 2002 and 2006 regarding the promotion policy and

also a perusal of the Ex.R3 would also the reveal the

fact that there was a settlement between the employees

and employer of this dispute, namely, the petitioner and

the respondent respectively. A perusal of the Exs.R4,

R5, R6 and R7 would also reveal the fact that the

respondent management had adopted a promotion

policy and considered the employees, efficiency and

other related factors for promotion.

12. But, on the other hand, it was not established

by the petitioner that the petitioner's, namely, 135 workers

who were claiming the promotion as referred in the

reference were eligible for promotion by adducing the

substantial documents before this court. The documents

produced by the petitioner’s, namely, Ex.P1 to P5 were

not establishing the case of the petitioners as how the

petitioners were eligible for promotions overlooking the

persons already promoted as alleged.

13. It has been held in a case as reported in 2011-

IV-LLJ-34(Madras) Pg.34, President, represented Chennai

Petroleum Employee's Union, Chennai Vs. General

Manager (H.R.), Chennai Petroleum Corporation Limited,

Chennai as follows:-

“Performance appraisal procedure adopted by

management was held not illogical”.

In the light of the abovesaid 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 of Madras is also squarely

applicable to the given case.

14. Hence, the court decided on a considered view,

that the case of the petitioner was not established by

the petitioner's either on facts or on law and the same

is to be rejected and the reference made by the

concerned authority be closed as devoid of merits.

Accordingly, it is ordered that the reference is closed

as it was not established by the petitioner's as claimed.

15. In the result, the reference made by the

Government of Puducherry in G.O. No. 187, dated

20-9-2010 was closed, as the petitioners, wherein, were

not establishing the claim and the petitioner’s were not

entitled for any relief as claimed. Accordingly, it is ordered.

Typed to my dictation, corrected and pronounced by

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

G. DHANARAJ,

Presiding Officer, Labour Court,

Pondicherry.

————

List of petitioner’s witness:

P.W.1 — 6-8-2013 — C. Ezhil

List of respondent’s witness:

RW1— 14-2-2014 — J. Joseph Alexander

List of petitioner’s exhibits:

Ex.P1 — Copy of the Employees union letter

address to respondent to consider promotion

to the employees, dated 19-2-2009.

Ex.P2 — Copy of the list of employees who have

been affected.

Ex.P3 — Copy of the Memorandum of Settlement (2002),

dated 12-12-2002.

Ex.P4 — Copy of the employees union representation

to the Labour Officer in respect of the

affected employees, dated 26-2-2010.

Ex.P5 — Copy of the Labour Officer (Conciliation)

failure report, dated 20-5-2010.

678

LA GAZETTE DE L’ETAT

[4 August 2015

Ex.P6 — Copy of the various representation made

by the labour union to the respondent,

dated 7-12-2009.

List of respondent's exhibits:

Ex.R1 — Copy of the letter of authorization for

Joseph Alexander, dated 5-2-2014.

Ex.R2 — Attested copy of the order of transfer of

P. Canbady (T.No. 559), S. Gobi(T.No. 560),

S.A. Sankar (T.No. 561) and T. Sasikumar

(T.No. 563) from Biopolymers and Hosur

Tea Units to respondent’s factory and his

absorption in respondent factory (To prove

that he has been transferred and not

promoted as mentioned in claim statement),

dated 18-11-2005.

Ex.R3 — Attested copy of the 12(3) settlement,

dated 12-12-2002 and 10-5-2007 (To show

the criteria for promotion), dated 10-5-2007,

12-12-2002.

Ex.R4 — Attested copy of the assessment of

J. Sivakumar (T.No. 151) with his appraisal

forms and other papers, giving insight on

procedures being adopted by respondent

in promotion of workers. (To show the

promotion process followed as per the

criteria in a just and fair manner).

Ex.R5 — Attested copy of the assessment of

V. Meganathan (T.No. 200) and with his

appraisal forms and other papers, giving

insight on procedures being adopted by

respondent in promotion of workers.

(To show the promotion process followed

as per the criteria in a just and fair manner).

Ex.R6 — Attested copy of the list of promotions

given by respondent from 2006 to 2013.

(To show that till 2010 promotions have

been made only up till T.No. 200 and so,

all employees in list of 135 workmen

appearing after 200 are not qualified for

promotion on grounds of seniority and

also that 74 promotions have been done

as against the 70 claimed by petitioner as

on 1-11-2008).

Ex.R7 — Attested copy of the statement relating to

some of the workers mentioned in present

dispute

giving

reasons

for

their

disqualification to promotion from 2007 to

2010. (To give justification for non-

promotions of the 21 employees from list

of 135 employee submitted by petitioner).

Ex.R8 — Attested copy of the charge sheet issued

to R. Muthukrishnan (T.No. 44) for various

misconducts committed by him and its

punishment order, his pay slip for month

of December 2008 for inadequate

attendance. (To give proof of justification

for disqualification from 2007, 2008 and

2010 promotion process), dated 16-12-2005,

24-10-2005, 8-10-2005.

Ex.R9 — Attested copy of the advisory letter

issued to A. Senthilvel (T.No. 59) and his

pay slips for the month of April 2006,

December 2008 and 2009 for lack of

attendance. (To give proof of justification

for disqualification from 2007, 2008 and

2010 promotion process), dated 18-5-2006.

Ex.R10 — Copy of the pay slips of M. Gopalakrishnan

T.No. 78 for the month of December 2005,

2007, 2008 and 2009 and the dismissal letter

issued to him. (To give proof of justification

for disqualification from 2007, 2008 and

2010 promotion process).

Ex.R11 — Attested copy of the performance

development plan and assessment sheet of

Ayup Khan (T. No. 118) for the year 2006.

(To show that he had qualified but failed

in the promotion interview), dated 27-12-2007.

Ex.R12 — Attested copy of the promotion letter sent

by respondent to T. Jayapal (T.No. 120).

(To show that he had qualified and has

been promoted), dated 26-2-2011.

Ex.R13 — Attested copy of advisory letter and April

2006 pay slip issued to V. Manogaran

(T.No. 123), giving details of his

attendance for the year 2006. (To give

proof of justification for disqualification

from 2008 and 2010 promotion process),

dated 18-5-2006.

Ex.R14 — Attested copy of the show cause notice

issued to A. Ravi (T.No. 144). (To give proof

of justification for disqualification from

2010 promotion process), dated 10-1-2006.

Ex.R15 — Attested copy of the pay slips of R. Selvaraj

(T.No. 150) for the month of December

2007, 2008 and 2009 giving details of his

attendance. (To give proof of justification

for disqualification from 2010 promotion

process.

Ex.R16 — Attested copy of the interview evaluation

form of B. Uthayakumar (T.No. 168).

(To show that he was not recommended

for promotion during the promotion

interview).

679

4 August 2015]

LA GAZETTE DE L’ETAT

Ex.R17 — Attested copy of the interview evaluation

form and employee appraisal form of

R. Venkatesan (T.No. 169) for the year

2006. (To show that he had qualified for

2010 promotion process but failed in the

promotion interview).

Ex.R18 — Attested copy of the Annual Performance

Appraisal form of K. Kuppusamy (Token

No. 175). (To give proof of justification for

disqualification from 2010 promotion

process).

Ex. R19—Att e st e d c o p y o f th e p a y s l ip s o f

D. Thulasinathan (T.No.181) for the month

of December 2009 giving details of his

attendance and his dismissal form (To give

proof of justification for disqualification

from 2010 promotion process), dated 30-10-2013.

Ex.R20 — Attested copy of the charge sheet of

S. Ethirasu (T.No. 183) issued in 2007.

(To give proof of justification for

disqualification from 2010 promotion

process), dated 1-3-2007.

Ex.R21 — Attested copy of the charge sheet and

warning letter issued to C. Ezhil (T.No. 184)

in 2008 and 2009, (To give proof of

justification for disqualification from 2010

promotion process), dated 18-11-2008,

dated 26-3-2009.

Ex.R22 — Attested copy of the promotion letters

along with interview appraisal forms of

S. Kumaravenkatraman (T.No. 185).

(To show that he had qualified for 2010

promotion process and has been promoted),

dated 21-2-2011.

Ex.R23 — Attested copy of the promotion letters

along with interview appraisal forms of

P. Murugan (T.No.186). (To show that he

had qualified for 2010 promotion process

and has been promoted), dated 20-12-2010.

Ex.R24 — Atte sted c o p y o f the p a y slip s o f

K. Ramesh (T.No. 189) for the month of

December 2009 giving details of his

attendance for the year. (To give proof of

justification for disqualification from 2010

promotion process).

Ex.R25 — Attested copy of the resignation letter

submitted by K. Ramesh (T.No. 189), his

relieving order, service certificate and

cheque represents full and final settlement.

(To show that he has resigned and his full

and final settlement has been properly

completed), dated 5-7-2010.

Ex.R26 — Attested copy of the warning letter issued

to V. Theivanayagam (T.No. 190). (To give

proof of justification for disqualification

f r o m 2 0 1 0 p r o mo t i o n p r o c e s s ) ,

dated 7-9-2009.

Ex.R27 — Attested copy of the promotion letters

along with interview appraisal forms of

K. Kumaran (T.No. 197). (To show that he

had qualified for 2010 promotion process

and has been promoted), dated 20-12-2010.

Ex.R28 — Attested copy of the promotion letters

along with interview appraisal forms of

K. Madanagobalan (T.No.198). (To show

that he had qualified for 2010 promotion

process and has been promoted),

dated 9-2-2011.

Ex.R29 — Attested copy of the excel sheet

containing the date of promotion given to

26 workers out of 135 workers mentioned

in the claim statement. (To show that 26

out of 135 employees so claimed by

petitioner have been promoted already and

as and when the positions are available

promotions will further be done)

Ex.R30 — Attested copy of the dismissal order of

V. Elumalai (T.No. 404), dated 5-11-2013

G. DHANARAJ,

Presiding Officer, Labour Court,

Pondicherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 82/Lab./AIL/J/2015, dated 14th June 2015)

NOTIFICATION

Whereas, an award in I.D.(T)2/2012, dated 21-1-2015

of the Industrial Tribunal, Puducherry in respect of the

industrial dispute between the Managing Director,

Tamil Nadu State Transport Corporation, Puducherry

and the President, Puduvai Pradesa Pokkuvarathu

Thozhilalar Sangam, Puducherry over charter of

demands such as 2nd review of monthly salary w.e.f.

2002 onwards and recovery of illegal deduction of

wages

along

with

arrears

of

Thiruvalargal

Panchanadhan and R. Rajendiran 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

680

LA GAZETTE DE L’ETAT

[4 August 2015

G.O. Ms. No. 20/91/Lab./L. dated 23-5-91, it is hereby

directed by Secretary to Government (Labour) that the

said award shall be published in the official gazette

Puducherry.

(By order)

A. RAJARATHINAM,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL AT

PONDICHERRY

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

Presiding Officer, Industrial Tribunal.

Wednesday, the 21st day of January 2015.

I.D. (T) No. 2/2012

The President,

Puduvai Pradesa Pokkuvarathu

Thozhilalar Sangam,

Puducherry.

. . Petitioner

Versus

The Managing Director,

Tamil Nadu State Transport

Corporation, Puducherry.

. . Respondent

This industrial dispute coming on 24-12-2014 for final

hearing before me in the presence of Thiru Durai Arumugam,

Counsel for the petitioner, Thiru N. Vinayagam, 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. 58/AIL/Lab./J/2012, dated 29-3-2012 for

adjudicating the following:-

(1) Whether the dispute raised by Puduvai

Pradesa Pokkuvarathu Thozhilalar Sangam over

charter of demands such as 2nd review of monthly

salary w.e.f. 2002 onwards and recovery of illegal

d e d uc tio n o f wa ges alo ng wit h a rrea rs to

Thiru Panchanadhan and Thiru R. Rajendiran are

justified?

(2) Whether the claim over recovery of illegally

deducted wages and its arrears from the salary of

Thiru M. Segar working in Puducherry branch of

M/s. Tamil Nadu State Transport Corporation is

justified.

(3) If justified, to what relief they are entitled to?

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

of money, if it can be so computed?

2. The facts giving rise to this industrial dispute as

stood exposited from the claim petition runs thus:-

The respondent company was running with 400

employees at Mudaliarpet, Uppalam Road, in

Puducherry State for the last 40 years. The

respondent company did not provide any benefit for

the employees of the said company. The respondent

management did not comply with the labour welfare,

the facts and was indulged in illegal activities. The

respondent management did not provide the annual

increment to the employees and did not take any

necessary steps as to review the salary of the

employees as per the standing order of the respondent

management and was conducting the management

administration whimsically. The respondent management

provides the benefits only to those bear on good

books of respondent management and the remaining

employees were being ill-treated. Due to the

respondent management illegal activities, the

employees of the respondent management were lost

lakhs of rupees which was entitled for the concerned

employees. The employees Thiruvalargal Panchanadhan

DR 1784, R. Rajendiran CR 2788 and M. Segar

CR 1075, were affected due to the illegal activities of

the respondent management and the dispute was

brought before the conciliation officer. The respondent

management authorities did not attend the

conciliation process and no settlement was taken

place the matter was referred to this court.

The said Panchanadhan was joining the

respondent management company on 13-2-1987, the

said Panchanadhan was entitled for review of the

salary benefits as on 13-2-1993, as per the agreement

made between the parties thereon. But after the lapse

of seven years only, the said Panchanadhan was

benefitted after review of the salary of him. The said

Panchanadhan was not given the second salary

review, due on 13-2-2001 till date. The respondent

management was not assigning any valid reason for

non-sanctioning of the salary increment. It was

stated by the respondent management that the said

Panchanadhan was negligently driving the vehicle

and the said vehicle was made with an accident

because which only the salary review was delayed

for the said Panchanadhan. But, it was only a false

representation of the management. The respondent

management was conducting the ex-parte enquiry in

the pretext of the drivers were driving the vehicle

negligently and was accident taken place. Repentantly,

681

4 August 2015]

LA GAZETTE DE L’ETAT

the increments entitled for the concerned drivers

were not given of the salary and also there was

reduction of basic pay as a punishment even the

court of law bound found not guilty of the concerned

drivers the punishment given by the respondent

management authorities were not reviewed and was

not cancelled. The said Panchanadhan was entitled

for a sum of ` 2,74,892 with interest.

Likewise, the said Rajendiran was not given the

second review of salary benefit which was matured

even in the year of 2006, till date. The reason given

by the respondent management was not legally valid.

The reason stated by the respondent management,

the said Rajendiran was absent from attending duty

and was behaved disorderly. The enquiry conducted

against the said Rajendiran was not fair and was

illegally conducted. The respondent management had

taken revenge against the said Rajendiran by

non-providing the early increment and not review the

salary then and there. Even the standing order of the

respondent management did not mention the period

to which the salary review be withheld. The said

Rajendiran is entitled for a sum of ` 3,50,762 with

interest as mentioned in the Annexure, which was

withheld by the respondent management illegally.

The employee Mr. Sekar who was a conductor in

the respondent management organisation whose

number is 1075 and new number is TMO 149 was

deducted the salary from ` 9,295 to ` 6,655 stating

the reason that the said Sekar was absent from

attending duty, from the date of 29-6-2006. For the

period of three years, the said order was taken effect

from the date of 21-5-2010, the said Sekar was a

diabetic patient and was taking treatment and was

on medical leave. The said Sekar had submitted his

application with medical certificate with an

endorsement by the respondent management

authorities. In spite of the said fact, the respondent

management authority was treating the said period

as an absence period which was only revengical act

and it was a anti-labour attitude, the respondent

management did not provide the vehicle for attending

the duty and the employees were returned without

assigning any work, the attendants of the said

employee were also noted in the concerned register.

The respondent management had taken the action

against the labour acts in the pretext of their absent

from duty and the punishment given to the said

Rajendiran and was not correct. The said Rajendiran

should not be punished and the salary of the said

Rajendiran should not be discussed and no amount

be deducted. The claim petitioners, namely,

Panchanadhan DR 1784, was entitled for a sum of

` 2,74,892 and the said Rajendiran, CR, was entitled

for a sum of ` 3,50,752 and the said Sekar, CR 1075,

New No. TMO 149 was entitled for the salary

prescribed to him and the order of the deduction of

salary of the said Sekar was to be cancelled.

3. Per contra, traversing the averments the claim

statement, the respondent filed the counter with the

averments which runs thus:

The averments made in the claim petition of the

petitioner are totally false and was denied by the

respondent. The averments made in the claim petition

was to be proved by the petitioner themselves. The

respondent management organisation was a Public

Service Transport Organisation having Headquarters

at Villupuram and is having Branch Office at Puducherry

Union Territory. There are four hundred labour

workmen in the said organisation, the workmen are

entitled for all benefits as per the labour welfare Acts

and were being given the respondent management

authorities did not do any illegal acts against the

workmen. The workmen are entitled and are being

given annual increment of salary and wage revision.

As per the Act, the industrial dispute before this court

was arisen due to the non-wage revision to one

Panchanadhan, driver and one R. Rajendiran CR and

deduction of salary for three years for one Sekar, CR.

As per the procedure this dispute before this court

was to be risen, after the decision of the General

Body Meeting or the Executive Meeting Resolution.

But the dispute before this court, was not approved

by either General Body Meeting or Executive Meeting

and the dispute is to be dismissed in liminine. The

said Panchandhan DR, was transfered to Sankarapuram

Branch on 6-10-2010 and M. Sekar, CR was transfered

to Chidambaram Branch on 19-2-2006. The said

Panchanadhan and Sekar were not employees of the

Puducherry Branch. This court is not having

jurisdiction over the dispute regarding the said

Panchanadhan and Sekar. The wage revision of said

Panchanadhan and R. Rajendiran was not automatic

and could not be given after the expiry of the

prescribed period. The wage revision was not a

matter of right, the wage revision was being given

to the employees concerned, if the concerned

management was satisfied with the work of the

concerned employee for the development of the

concerned management organisation. The wage

revision was amount to a gift to the concerned

employee given by the concerned management

organisation. It is purely a discretionary power of the

concerned management not otherwise as per the

settlement between the management and the union

members under section 12(3) of the Act. After the

682

LA GAZETTE DE L’ETAT

[4 August 2015

completion of six years service of the concerned

employee the first wage revision will be given from

the said period. After the completion of eight years,

second wage revision would be given. Provided, the

said employee was found satisfactory for the said

management employment and the concerned,

employee was put his efforts for the development of

the concerned organisation and there was no

punishment during the said period. The said

Panchanadhan

had

joined

the

respondent

management organisation on 13-2-1987 as a driver

and was confirmed on 1-11-1987 as a driver. The wage

revision was given to him on 1-5-1995 after that after

the completion of eight years. He would have been

given the second wage revision, but the said

Panchanadhan had given his vehicle on 12-12-1999

negligently and met with an accident and department

of domestic enquiry was conducted following which

the wage revision was postponed for three years from

the date of 20-3-2000. Subsequently, also the said

Panchanadhan had given his vehicle in a negligent

manner on 24-11-2004 was met with an accident

causing a death of a person, and a domestic enquiry

was conducted following which the wage revision

was postponed of five years from the date of 5-4-2006

as ordered. On 3-12-2005 also he drew the vehicle in

a negligent manner and met with an accident causing

death to a person due to which the basic salary was

deducted from ` 6,390 to ` 4,440. The said deduction

would be in force for three years, the suspension

period was regularised as his leave period eligible to

him. The final order was passed on 18-1-2007, the said

Panchanadhan was absent from duty from 7-7-2010.

The said Panchanadhan was given more punishment

during his duty period and was absent from 7-7-2010.

The said Panchanadhan was not given second wage

revision, the wage revision would be given after the

punishment period no illegal deduction was done to

the said Panchanadhan salary. The demand of the

union regarding the salary wage revision to

Panchanadhan was not acceptable one. The

petitioner did not take any necessary action to set

aside the punishment given by the domestic enquiry

authorities and was no appeal against the decision

of the domestic enquiry authorities and the decision

of the domestic enquiry is final.

The said Rajendiran had joined duty on 27-11-1992

as conductor and he was confirmed as a conductor

on 1-10-1993. The wage revision was given to him

on 1-5-2000 onwards. He was entitled for second

wage revision from 1-5-2008, but the said Rajendiran

was irregularly attending his duty from 14-6-2002 to

21-10-2002 for the period of 41 days. A domestic

enquiry was conducted against him and was ordered

that the wage revision should be postponed for one

year without any cumulative effect from 5-7-2003. As

per the final order from 22-12-2003, he was absent

from duty and he was facing the domestic enquiry.

Finally, his basic salary was deducted from ` 4440

to ` 3390 for five years on 16-12-2000 as final order.

Subsequently, it was reviewed as per the petition

given by him and it was decided that the five year

period reduced to two years period without

cumulative effect from 14-5-2000. On 26-6-2004 he

misbehaved disorderly and domestic enquiry was

conducted and his annual increment was postponed

for one year from 27-5-2005. Subsequently, he was

behaved disorderly on 13-4-2005 and was facing

enquiry and his annual increment was postponed

further one year, as per the order dated 16-12-2005,

he was doing his duty irregularly. On 19-6-2005, while

distributing the travelling tickets and was facing the

domestic enquiry. His annual increment was

postponed for further six years from 11-3-2006. He

was suspended for three days for his irregular

activities during his duty period on 16-4-2009 and was

censure. As per the order dated 26-5-2010, he

misbehaved with the Assistant Manager, Operation,

on 30-5-2010 and was facing enquiry and suspended

from his service and he was reinstated on 21-6-2010

pending enquiry. Subsequently, also he was

misbehaved with the passenger and the Assistant

Engineer, he was suspended from duty on 1-7-2010

and was reinstated on 19-10-2010. Finally his annual

increment was postponed for two years with

cumulative effect as per the final order dated 26-11-2010.

The said Rajendiran was facing a chain of action and

his wage revision was postponed for four years. The

said Rajendiran was on leave on loss of pay from 112

days and was absent for attending duty for 278 days.

Subsequently, he was absent without salary from

attending duty for 390 days, the enquiry was also

pending against him. The order passed on 21-11-2004,

after due enquiry only the punishment was given to

him which was only a lesser punishment. There was

no appeal against the finding of the domestic

enquiry authorities still the punishment given by the

respondent management authorities is still in force.

The said Sekar who was a conductor having

No.CR 1075 was absent from attending duty from

29-6-2006 and was facing enquiry and it was ordered

that the basic pay of the said Sekar was to be

reduced from ` 9295 to ` 6655 for three years from

22-5-2010. The said Panchanadhan, Rajendiran was

not entitled for any benefit as decided by the

683

4 August 2015]

LA GAZETTE DE L’ETAT

respondent management authorities as stated above

and the said Sekar is also not entitled for any benefit

claimed by him in the claim petition for the reasons

stated above. The action taken by the respondent

management authorities, as per standing order, the

reduction of salary for the said persons was

according to standing order. The said Panchanadhan,

Rajendiran and Sekar were facing enquiry for the

irregularities and were given the punishment for their

irregularities. As decided by the respondent

management authorities as per law and the

punishment given to them were not arbitrarily.

4. On the side of the petitioner, PW.1 and PW.2

were examined, on the petitioner side Ex.P1 to Ex.P5

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

petitioners

that

the

petitioners,

namely,

one

Panchanadhan, one Rajendiran were the employees of

the Tamil Nadu Transport Corporation having Branch

at Puducherry. The said petitioners were being

represented through the petitioner union, namely,

“Puduvai Pradesa Pokkuvarathu Thozhilalar Sangam”.

The said Panchanadhan was not given the salary

increment as agreed and as per convention from the

date of 13-2-1993. Subsequently, from 13-2-2001 also the

said Panchanadhan was not given the salary increment

as agreed. The said Rajendiran also was not given the

salary increment as agreed for the concerned period.

The said Panchanadhan and Rajendiran were entitled for

the monetary benefit as claimed in the petition. The

conciliation took place between the parties herein and

the same was failed. Hence this dispute.

7. On behalf of the respondent, in spite of repeated

adjournments there was no argument, a perusal of the

counter statement filed by the respondent would show

that the driver P. Panchanadhan and the conductor

Rajendiran were proceeded with domestic enquiry for

the lapses committed by them as mentioned thereon.

The driver Panchanadhan was negligently driving the

vehicle and caused the accident and was punished as

per the disciplinary proceedings proceeded against him

for the irregularity committed by said Panchanadhan. On

the basis of the finding of the domestic enquiry

proceedings, the said Panchanadhan was not given the

benefit, namely, the salary increment as claimed. The

salary benefit entitled to him would be given to him at

appropriate time, after considering his performance. The

said Rajendiran was also proceeded for his irregularity

and domestic enquiry was conducted as per the finding

of the disciplinary authority, the salary increment

benefits were not given to him, the findings of the

disciplinary authority was still inforce. Hence the

benefit claimed by the petitioners, namely, driver

Panchanadhan and conductor Rajendiran were not

entitled for any salary increment as claimed in the

petition. Another petitioner one Sekar who was the

conductor of the respondent management Corporation

also was proceeded with the disciplinary proceedings

and was found guilty by the concerned disciplinary

authority. The said findings of the disciplinary authority

is also still inforce. Hence the said Sekar who is

conductor is also not entitled for any benefit as claimed.

8. After hearing petitioner’s Counsel and after

perusing the counter statement filed by the respondent.

records were perused. On perusal it comes to light, on

behalf of the petitioner PW.1 and PW.2 were examined

Ex.P1 to P5 were marked as exhibits and neither any

evidence nor any documents produced by the

respondent. On the basis of the evidence of PW.1, a

perusal of the Ex.P2, wherein, it has been mentioned as

follows (relevant portion):-

“







































































(WC) 











684

LA GAZETTE DE L’ETAT

[4 August 2015











(WC) 





















































` 





















































( W C )















 ( WO C )









` 









` 





































` 



















` 















”

9. A perusal of the exhibit P3, which is pertaining to

the Rajendiran, wherein, it has been mentioned as

follows (relevant portion):-



























` 





























x 

x 

x 















x 



























( W C )

























685

4 August 2015]

LA GAZETTE DE L’ETAT























(Removal from service) 































`



``

(Pay reduction)





(Basic pay is reduced and fixed at ` 3390 from present

basic pay of ` 4440 in the time scale of pay of

` 3390-75-5490 with effect from 21-11-2004. The period

of pay reduction is fixed as 5 years (Five years) on

restoration the period of pay reduction will operate to

postpone

his

future

increments)

















A careful study of the abovesaid exhibits, namely,

Ex.P2 and P3 would reveal the fact that the said

Panchanadhan and Rajendiran were subject to domestic

enquiry and was found guilty and were given

punishment as mentioned thereon, i.e. the petitioner’s

documents themselves would show that the petitioners

were given punishment as mentioned thereon. A perusal

of the Ex.P3 would also reveal the fact that the punished

persons, namely, deliquents, namely, Panchanadhan

and Rajendiran be preferred an appeal against the order

of the disciplinary authority before the concerned

competent authority within the prescribed time. But it

was not established by the petitioners, namely, the said

Panchanadhan and Rajendiran and another Sekar that

the orders passed by the concerned disciplinary

authorities as exhibited in Ex.P2 and P3 were set aside

by any competent authority.

10. A cursory reading of the Central Civil Services

Classification, Control and Appeal Rules, rule 24,

wherein, it has been mentioned as follows :-

“24. Appellate Authority

(1) A Government servant, including a person who

has ceased to be in Government service, may prefer an

appeal against all or any of the orders specified in

rule 23 to the authority specified in this behalf either in

the Schedule or by a general or special order of the

President or, where no such authority is specified.

(i) Where such Government servant is or was a

member of a Central Service, Class I or Class II or

holder of a Central Civil post, Class I or Class II,-

(a) to the appointing authority, where the order

appealed against is made by an authority

subordinate to it; or

(b) to the President where such order is made

by any other authority;

(ii) where such Government servant is or was a

member of a Central Civil Service, Class III or Class IV

or holder of a Central Civil post, Class III or Class IV,

to the authority to which the authority making the

order appealed against is immediately subordinate.

(2) Notwithstanding anything contained in

sub-rule(1)-

(i) an appeal against an order in a common

proceeding held under rule 18 shall lie to the

authority to which the authority functioning as the

disciplinary authority for the purpose of that

proceeding is immediately subordinate:

Provided that where such authority is subordinate

to the President in respect of a Government servant

for whom President is the appellate authority in terms

of sub-clause (b) of clause (i) of sub-rule (1), the

appeal shall lie to the President.

(ii) where the person who made the order appealed

against becomes, by virtue of his subsequent

appointment or otherwise, the appellate authority in

respect of such order, an appeal against such order

shall lie to the authority to which such person is

immediately subordinate.

686

LA GAZETTE DE L’ETAT

[4 August 2015

(3) A Government servant may prefer an appeal

against an order imposing any of the penalties specified

in rule 11 to the President, where no such appeal lies

to him under sub-rule (1) or sub-rule (2), if such penalty

is imposed by any authority other than the President,

on such Government servant in respect of his activities

connected with his work as an office-bearer of an

association, federation or union, participating in the

Joint Consultation and Compulsory Arbitration

Scheme.”

A careful study of the above said rule would reveal

the fact that any Government servant may prefer an

appeal against any order of the authority, namely,

disciplinary authority before the competent concerned

appellate authority or before any competent authority.

11. In the light of the above said rule, a perusal of

the records on hand would reveal the fact that it was

not case of the petitioners that the punishments

awarded by the concerned disciplinary authority against

the said Panchanadhan and Rajendiran were set aside

either by the concerned appellate authority or by any

competent authority. Until and unless, the punishment

given by the disciplinary authority against the said

Panchanadhan and said Rajendiran, the benefit claimed

in the petition would not be entitled for them. For the

simple reason, that already a order was issued by the

competent authority for non-sanctioning the benefit to

the petitioner Panchanadhan and Rajendiran.

12. It is pertinent to note down here one Sekar who

was a party to the conciliation proceedings did neither

produce any evidence nor any documents to

substantiate his claim before this court. Hence the court

decided on a considered view, the case of the

petitioners was not established before this court and

the petitioners are not entitled for any benefit as

claimed in the petition.

13. In the result, it is ordered that the petitioners,

namely, Panchanadhan, Rajendiran and Sekar were not

entitled for any monetary benefit as claimed in the

petition and the reference made in G.O. No. 58,

dated 29-3-2012 is answered accordingly.

Typed to my dictation, corrected and pronounced by

me in the open court on this the 21st day of January 2015.

G. DHANARAJ,

Presiding Officer,

Industrial Tribunal, Pondicherry.

List of petitioner’s witnesses:

PW.1 — 22-11-2013 — P. Panchanadhan

PW.2 — 3-9-2014

— R. Rajendiran

List of respondent’s witness: Nil

List of petitioner’s exhibits:

Ex.P1 — Photocopy of the objection letter by

respondent, dated 21-11-2011.

Ex.P2 — Photocopy of the order of basic salary

deductions in Thiru P. Panchanadhan,

dated 24-1-2007.

Ex.P3 — Photocopy

of

the

basic

salary

deductions in Thiru R. Rajendiran, dated

16-12-2004.

Ex.P4 — Photocopy of the 12(3) agreement in all

Labour Associations, dated 6-2-2008.

Ex.P5 — Photocopy of the Legal Standing

Orders in Association, dated 12-1-1981.

List of respondent’s exhibits: Nil

G. DHANARAJ,

Presiding Officer, Industrial Tribunal,

Pondicherry.

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 650/CEO/Exam Cell/2014-15.

Puducherry, the 13th July 2015.

NOTIFICATION

It is hereby notified that the original S.S.L.C. Mark

Certificate under Register Number 306374 of April 1993

in respect of A. Said Pirane, an ex-pupil of Ilango

Adigal

Government

Higher

Secondary

School,

Muthiraiyarpalayam is reported to have been lost and

beyond the scope of recovery it is proposed to issue a

duplicate certificate. If the original certificate is to be

found by anybody, it should be sent to the Director of

Government Examinations, Chennai-6 for cancellation, as

it is no longer valid.

N. RAMALINGAM,

Chief Educational Officer.

————

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 650/CEO/Exam Cell/2014-15.

Puducherry, the 13th July 2015.

NOTIFICATION

It is hereby notified that the original S.S.L.C.

Mark Certificate, under Register Number 491745 of

March 2005 in respect of S. Sivachandran, an ex-pupil

of Sri Sankar’s Vidhyalaya, Villianur is reported to have