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LA GAZETTE DE L’ETAT

[3 May 2016

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 20/Lab./AIL/T/2016, dated 19th April 2016)

NOTIFICATION

Whereas, an award in I.D. (L) No. 41/2015, dated

17-2-2016 of the Labour Court, Puducherry in respect

of the industrial dispute between the management

of M/s. Puducherry Agro Products Food and Civil

Supplies Corporation Limited (PAPSCO), Puducherry

and Thiru P. Sivaraman over refusal of employment and

seniority 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 the Secretary to Government (Labour) that the said

Award shall be published in the Official Gazette,

Puducherry.

(By order)

E. VALLAVAN,

Commissioner of Labour-cum-

Additional Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PONDICHERRY

Present : Thiru N. SIVAKUMAR, B.A., M.L.,

Presiding Officer, Labour Court.

Wednesday, the 17th day of February 2016

I.D. (L) No. 41/2015

P. Sivaraman,

S/o. Pakkiri, aged about 40 years

No. 32, Gurusidhananda Nagar,

Navarkulam, Lawspet,

Puducherry - 605 008.

. . Petitioner

Versus

The Managing Director,

M/s. PAPSCO,

Having its office at Agricultural Complex,

Thattanchavady, Puducherry.

. . Respondent

This industrial dispute coming on this day before

me for hearing in the presence of Tvl. S. Vimal and

K. Ashok Kumar, Counsels for the petitioner, respondent

called absent, set ex-parte, upon perusing the case

records, this Court passed the following:

AWARD

This industrial dispute has been referred as per the

G.O. Rt. No. 86/AIL/LAB/J/2015, dated 3-8-2015 for

adjudicating the following :

(1) Whether the dispute raised by the petitioner

Thiru P. Sivaraman against the management of

M/s. Puducherry Agro Products Food and Civil

Supplies Corporation Limited (PAPSCO), Puducherry

over non-employment and seniority is justified?

(2) If justified, what relief the petitioner is

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:-

(i) The petitioner completed his Diploma in

Pharmacy at Mother Theresa Institute of Health

Science and employed as a Daily Rated Labour with

the respondent management since 24-12-2004. From

the date of joining, the petitioner was regular in

service with the respondent management as a dutiful

employee without any sort of black mark. The

petitioner was placed at No. 123 of the Tentative

Seniority List of need based daily rated labour in

No.1-22/Estt./PAPSCO/2009-10, dated 5-11-2009 as

issued by the Managing Director of Respondent

Management. The petitioner was diagnosed with

'Rheumatic Heart Disease' and was informed to take

medical treatment for about two months. The

petitioner promptly took steps to inform the

respondent management about the same vide letter,

dated 19-4-2012. The petitioner was admitted as an

inpatient from 20-4-2012 till 14-6-2012 at JIPMER

Hospital. Thereon, he was advised rest from

14-6-2012 for 180 days. The said fact is evident from

the Medical Certificate issued to the petitioner on

27-11-2012 by JIPMER Hospital, Puducherry.

(ii) The petitioner was again advised rest for 152

days with effect from 16-12-2012 as necessary for

restoration of his health by the Medical Officer,

Primary Health Centre, Kirumampakkam, Puducherry.

However, despite medical advice for rest till

16-5-2013, petitioner tried to inform his willingness

to resume work with the respondent establishment

and took efforts from the 1st week of May, 2013 but,

he was not duly responded. On one of his such

visits, petitioner found that the respondent

establishment once again published a temporary list

of daily waged employees on 26-4-2013. On perusal

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3 May 2016]

LA GAZETTE DE L’ETAT

of said list, petitioner shocked to find that his

originally stood at a seniority No. 123 since 2009

was suddenly missing in the final seniority list,

dated 26-4-2013 displayed by the respondent

management. Immediately without any loss of time

petitioner brought the said facts to the respondent's

notice vide his letter, dated 13-5-2013 and sought for

the restoration of his name in the list.

(iii) Later on 16-5-2013, he submitted a letter along

with fitness certificate issued by the Medical Officer

of Primary Health Centre, Kadirkammam expressing

his willingness to join the work but, was not

entertained. Respondent authorities turned down his

request by informing that he would be called for the

job through a written communication, and thereby

refused his work despite there was availability of

ample work.

(iv) Respondent did not allow him to resume

work despite his willingness to do so. Later, on

27-6-2013, the respondent displayed a final seniority

list of daily wagers employed with them, wherein his

name was still missing despite his letter, dated

13-5-2013 seeking to include him in the list of

employees. He was left perplexed to see that inspite

of his letter, his name was missing in the final

seniority list while he was on medical leave due to

ill health. Respondent's such conduct caused too

much of mental agony apart from physical and

financial hardship to petitioner.

(v) Further, petitioner was shocked to know that

his juniors were promoted in his place, while he was

unceremoniously and illegally removed/terminated/

retrenched from employment without due process of

law. Respondent's termination/refusal of employment

to him without following the social security measures

provided under various statutes including the

Industrial Disputes Act and Industrial Disputes

(Central) Rules framed therein is most unjust,

unethical and against all the principles of law and

natural justice amounting to victimisation and

condemning of an employee without giving any

opportunity.

(vi) Petitioner pleaded for reinstatement to work

with the respondent many times but, he was least

responded. Hence, with no other alternative, he

approached the Conciliation Officer for settlement.

(vii) The respondent filed their reply on

16-10-2014 before the Conciliation Officer. A perusal

of the reply would show that the respondent

establishment has failed to justify his retrenchment

as known to law, but, rather confirmed that they had

not followed the mandatory provisions of law and

principles of natural justice while terminating/

retrenching petitioner's employment with respondent.

(viii) The petitioner prays this Court (i) to declare

that the respondent's act of retrenchment of the

petitioner from employment is illegal as opposed to

law and principles of natural justice, and direct the

respondent to restore his seniority status at No. 123

as existed prior to 26-4-2013 with all the benefits

appertaining thereto, (ii) to direct the respondent to

reinstate the petitioner to work with all back wages

and benefits appending to his work with interest at

the rate of 18% and thereby stop his employer from

victimising him, in the interest of justice (iii) and for

costs.

3. No counter was filed on behalf of the respondent.

since the respondent remained ex-parte.

4. On the side of the petitioner, WW.1 was examined,

and Ex.W1 to Ex.W10 were marked.

5. The point for consideration is:

Whether the industrial dispute can be allowed?

6. On this point :

Heard learned Counsel on record for the petitioner

and perused oral testimony of WW.1 and documentary

evidence, namely, Ex.W1 to W10.

7. The respondent has not chosen to appear before

this Court and contest the matter.

8. Petitioner P. Sivaraman while testifying himself as

WW.1 has categorically stated that he completed

diploma course and employed with the respondent

industry as a daily rated worker since 20-12-2004.

To show his employment he has produced his Identity

Card as Ex.W.1. He was placed with rank No. 123 in the

tentative seniority list of need based daily rated labour

as seen from Ex.W.2. In the year 2012, the petitioner was

diagnosed with Rheumatic Heart Disease and advised

to take medical treatment and rest for months together.

The petitioner has informed about his health condition

to the management as per Ex.W.3 letter, dated 19-4-2012

and it was duly acknowledged by the respondent

management. Ex.W.4 is the medical certificate, dated

27-11-2012 pertaining the petitioner and it discloses that

he was admitted in JIPMER for "Redo Open Heart

Surgery - Mitral Valve Replacement" for Rheumatic

Heart Disease and admitted as inpatient for a period

from 20-4-2012 to 14-6-2012. After the open heart

surgery the petitioner was medically advised to take rest

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LA GAZETTE DE L’ETAT

[3 May 2016

for a long time period. The respondent management

removed the name of the petitioner from the seniority

list, and to show this fact. Petitioner has produced

Ex.W.5 of statement showing final seniority list of need

based daily rated workers working in the PAPSCO, dated

27-6-2013.

9. A perusal of Ex.W.5 would disclose that

petitioner's name does not find place in this list since

he was continuously absent as medical ground. So, the

petitioner has sent Ex.W.6 representation, dated

13-5-2013 requesting the respondent management to

consider his seniority and include his name in the list.

Further, the petitioner wrote Ex.W.7 letter along with

fitness certificate requesting the management to

reinstate him since he was fully recovered. As the

respondent management was not amenable and not

willing to reinstate the petitioner he sent representation

to the Conciliation Officer and copy of the same is

marked as Ex.W.8. Ex.W.9 is the copy of the counter,

filed by the respondent before the Conciliation Officer.

Again the petitioner has sent Ex.W.10 rejoined, dated

11-11-2014 to Ex.W.9 counter filed by the management.

10. The respondent though resisted the claim before

the Conciliation Officer has not chosen to contest the

industrial dispute in this Court. Since, the respondent

failed to file his counter inspite of repeated

adjournments it was set ex-parte.

11. The petitioner is a diploma holder and appointed

as a daily rated labour in the respondent management

on 20-12-2004. He was a sincere worker and there was

no adverse remarks against him. The petitioner was

suffering with Rheumatic Heart Disease and he was

medically advised to undergo mitral valve replacement

by open heart surgery. The petitioner has duly informed

the respondent management about his ill-health

condition the proposed heart surgery by sending its

Ex.W.3 letter. But, the respondent has not considered

the request of the petitioner and necessary leave on

medical grounds was not sanctioned. Originally, the

petitioner was placed in rank No.123 in the seniority list

as seen from Ex.W.2. The petitioner was advised to

undergo rest for six months from 14-6-2012, since, he had

undergone open heart surgery for mitral valve replacement

as seen from Ex.W.4 medical certificate. Since, the

petitioner was suffering from severe heart disease and

undergone open heart surgery, he applied for long leave

but it was not properly considered by the respondent.

Petitioner's absence due to medical grounds that too by

informing the management about the open heart surgery

in time, cannot be construed as unauthorised absence.

12. The petitioner while undergoing rest during post

operative heart surgery, his name was removed from the

seniority list. Thereafter, the petitioner made several

attempts seeking reinstatement by producing fitness

certificate but, the respondent management was

stubborn and reluctant to consider representation of the

petitioner and to reinstate him.

13. Of course, the petitioner was working only as a

daily rated worker and allotment of work to the daily

rated workers will be on the basis of requirement

Anyhow, the respondent management has prepared a

seniority list for allotment of work to the daily rated

workers. Originally, the petitioner was placed in

SI. No. 123 but, subsequently his name was removed

due to his continuous absence on medical grounds.

Considering the conduct of the petitioner while, he was

working with the respondent management for many

years without any remarks and also taking note of his

serious heart ailment and open heart surgery for

replacement of mitral valve and also his representations

made to the respondent management I consider that the

claim of the petitioner for reinstatement and restore his

seniority status as existed prior to 26-4-2013 has to be

allowed. Whereas, his prior for full back wages with

interest at the rate of 18% cannot be entertained legally

on the basis of the principle of no work, no pay.

Accordingly, this industrial dispute is partly allowed,

and the respondent is directed to reinstate the petitioner

as Daily Rated Labour within one month regarding the

prior of back wages and benefits' appending his service

with interest of 18% per annum is dismissed and

accordingly this point is answered.

14. In the result, this industrial dispute is partly

allowed and the respondent is directed to reinstate the

petitioner as daily rated labour within one month by

restoring his original seniority as found in Ex.W2

(tentative seniority list of need based daily rated labour

in Ex.W2) prior to 26-4-2013. Regarding the prayer of

back wages and benefits appending his service with

interest at the rate of 18% per annum is dismissed.

Dictated to the Stenographer transcribed by her,

corrected and pronounced by me in the open Court on

this the 17th day of February, 2016.

N. SIVAKUMAR,

Presiding Officer,

Labour Court, Puducherry.

295

3 May 2016]

LA GAZETTE DE L’ETAT

List of petitioner’s witness:

WW.1 — 23-1-2016 — P. Sivaraman (Petitioner)

List of respondent’s witness:

– Nil –

List of petitioner’s exhibits :

Ex.W.1 — Copy of the petitioner's identity card

issued by the Respondent (Photocopy).

Ex.W.2 — Copy of the tentative seniority list

of need based daily rated labour in

No.

1-22/Estt./PAPSCO/2009-10,

issued by the Managing Director of the

Respondent

Establishment,

dated

21-2-2009 (Photocopy).

Ex.W.3 — Copy of the petitioner's letter to

respondent's office with their seal and

signature for receipt, dated 19-4-2012

(Photocopy).

Ex.W.4 — Copy of the petitioner's medical

certificate, dated 27-11-2012 (Photocopy).

Ex.W.5 — Copy of the circular and final seniority

list of employees displayed by the

respondent, dated 27-6-2013 (Photocopy).

Ex.W.6 — Copy of the petitioner's letter to the

respondent's office, dated 13-5-2013

(Photocopy).

Ex.W.7 — Copy of the petitioner's letter along

with fitness certificate issued by the

Medical Officer of Primary Health

Centre, Kirumampakkam, dated 16-5-2013

(Photocopy).

Ex.W.8 — Copy of the petitioner's letter to the

conciliation officer, dated 7-7-2014

(Photocopy).

Ex.W.9 — Copy of the respondent's reply before

the conciliation officer, dated 16-10-2014

(Photocopy).

Ex.W.10— Copy of the petitioner's letter to the

conciliation officer in response to

respondent's reply, dated 11-11-2014

(Photocopy).

List of respondent’s exhibits:

– Nil –

N. SIVAKUMAR,

Presiding Officer,

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 21/Lab./AIL/T/2016, dated 19th April 2016)

NOTIFICATION

Whereas, an award in I.D. (L) No.24/2012, dated

24-2-2016 of the Labour Court, Puducherry in respect

of the industrial dispute between Chemcrown Exports

and Suolificio Linea Italia Private Limited, Thozhilalar

Sangam, P ud ucherry and the management o f

M/s. Chemcrown Exports Limited Unit-III and M/s. Suolificio

Linea Italia (India) Private Limited,Puducherry over

non-employment of 12 employees 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 the Secretary to Government (Labour), that the said

award shall be published in the Official Gazette,

Puducherry.

(By order)

E. VALLAVAN,

Commissioner of Labour-cum-

Additional Secretary to Government (Labour).

————

BEFORE THE LABOUR COURT AT PONDICHERRY

Present : Thiru N. SIVAKUMAR, B.A., M.L.,

Presiding Officer, Labour Court.

Wednesday, the 24th day of February 2016

I.D. (L) No. 24/2012

The President,

. . Petitioner

Chemcrown Exports and

M/s. Suolificio Linea Italia

Private Limited Thozhilalar Sangam,

Puducherry.

Versus

1. The Management,

Chemcrown Exports Limited

Unit-III, Puducherry.

2. The Management,

Suolificio Linea Italia (India)

Private Limited, Puducherry.

. . Respondents.

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LA GAZETTE DE L’ETAT

[3 May 2016

This industrial dispute coming on 4-2-2016 for final

hearing before me in the presence of Thiru R.T. Shankar,

Counsel for the petitioner, Thiru K. Ranganathan, Counsel

for the first respondent and Thiru A. Latchoumicandane,

Counsel for the second respondent and upon hearing

both sides, perusing the case records and having stood

over till this day for consideration, this court delivered

the following:

AWARD

This industrial dispute has been referred as per the

G.O. Rt. No. 114/ AIL/Lab./J/2012, dated 13-7-2012 for

adjudicating the following:-

1. Whether the dispute raised by the union

workmen Chemcrown Exports and Suolificio Linea

Italiya Private Limited, Thozhilalargal Sangam against

the management of M/s. Suolificio Linea Italia (India)

Private Limited, over non-employment of 12 employees

viz., (1) A. Ravichandran, (2) K. Kaliyamoorthy,

(3) A. Subramanian, (4) A. Lakshmanan, (5) E. Selvam,

(6) T. Srinivasan, (7) K. Ezhumalai, (8) S. Ramesh,

(9) A. Arumaiselvam, (10) R. Murugan, (11) P. Sekar,

(12) S. Magesh are justified?

2. If justified, to what relief the workmen are

entitled to?

3. Whether the management of M/s. Chemcrown

Exports Limited-Unit-III, Sedarapet, Puducherry is

liable to pay the closure compensation to the above

mentioned employees? If so, to give appropriate

directions?

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:-

2(i) The petitioner is a trade union and the

12 members/workers of the petitioner union were

working as permanent employees in the first

respondent factory, namely. Chemcrown Exports

Limited, Unit-III, Puducherry which was engaged in

manufacturing of leather products. There was a fire

accident in the first respondent's factory on 8-12-2010

and thereafter the company declared lay-off, but the

petitioner's regularly came to the factory and signed

for a few days. Then the first respondent management

refused to get signature of the 12 workers. On 21-2-2011

the first respondent issued closure notice stating

that the company was deemed to be closed since

23-1-2011. In the closure notice 1st respondent has

declared to pay four months' salary only as full and

final settlement irrespective of the service of the

workers. The announcement of 1st respondent for

payment for four months salary as final settlement

is illegal. Some of the trainees accepted the final

settlement and left to some other concerns. But the

12 workers concerned with the industrial dispute

have refused to receive final settlement amount, and

insisted for their reinstatement in 2nd respondent

since it is a sister concern of the first respondent and

it is also functioning within the same premises. Both

respondents 1 and 2 have been registered under

Companies Act in the office of Registration of

Companies, Kolkata. So, the laid off workers requested

for re-employment in the second respondent

management and it was not accepted, The dispute

was dealt with Conciliation Officer, but no settlement

was arrived at and failure on Conciliation Report was

submitted. In pursuance of the same a notification

G.O was issued and the same is referred to this court

for adjudication. 2(ii) In the year 1991 Chemcrown

Exports Limited, Unit-I was started with 20 workers.

Then ‘Chemcrown India Limited Unit-II was started

in the year 1998 with 100 workers in the same

premises and in the year 2000 the name of the factory

was changed as 'Chemcrown Exports Limited, Unit-II'

and this factory was subsequently closed.

(1) In the year 2001 another factory by name

Dye-Chem (India) Limited was started in the same

premises and the employees working in Chemcrown

India Limited, Unit-II, were engaged in Dye-Chem

(India) Limited and this factory was also closed.

(2) In the year 2005 the second respondent,

namely, M/s. Suolificio Linea Italia (India) Private

Limited was started in the same premises and the

workers of Dye-Chem (India) Limited, were observed

in this factory. In the year 2005 Chemcrown Exports

Limited Unit-I was closed and the name of the

factory was changed as Chemcrown Exports Limited

Unit-III (first respondent) and started as if it was a new

factory. As more number of workers were required for

the first respondent some of the employees from the

second respondent were transferred to the first

respondent. The first respondent was totally damaged

due to fire accident, and the 12 workers concerned

with the industrial dispute, namely, (1) A. Ravichandran,

(2) K. Kaliyamoorthy, (3) A. Subramanian,

(4) A. Lakshmanan, (5) E. Selvam, (6) T. Srinivasan,

(7) K. Ezhumalai, (8) S. Ramesh, (9) A. Arumaiselvam,

(10) R. Murugan, (11) P. Sekar, (12) S. Magesh were

permanent employees and they had been directed

to work in the different units. The management of

both the respondents are one and the same. Under

the provisions of the Industrial Dispute Act 1947, and

as per the guidelines of the Hon'ble Supreme Court

of India to decide whether the respondents 1 and 2

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3 May 2016]

LA GAZETTE DE L’ETAT

are one establishment, the following points have to

be taken into account (1) Ownership (2) Control and

Supervision (3) Finance (4) Management and

Employment (5) Geographical Proximity and (6)

General Unity of Purpose and Functional Integrality.

On analysing the above referred points, relating to

the respondents 1 and 2 this court can easily come

to the conclusion that both establishments are

having functional integrality.

2(iii) Respondents No. 1 and 2 are registered in

the same Registrar Office, namely, Registrar of

Companies, Kolkata. West Bengal. Thiru Balidoliya

Bhaiya @ B.D. Bhaiya and his two sons, namely

(i) Manoj Bhaiya and (2) Mukund Bhaiya are the

proprietors/directors of both respondents. Both the

companies are supervised by the same management.

There is only one trade union by name Chemcrown

Exports and M/s. Suolificio Linea Italia Private

Limited Thozhilalar Sangam, Sedarapet, (Registration

No. RTU/1338/2003) i.e., petitioner union and it is

functioning for the welfare of workers of both

respondents. Both respondents have jointly entered

into two settlements with petitioner trade union

(under section 18(1) of Industrial Disputes Act) on

15-2-2007 and 28-4-2010.

2(iv) As per in the information furnished by the

Government, the factory namely, Chemcrown Exports

Limited, Unit-II has been name changed and now it

is functioning as M/s. Suolificio Linea Italia (India)

Private Limited, (second respondent). So, it is evident

that both the respondents have engaged in the same

business under the same management and the

directors of both the factories are one and the same,

and the workers have been shifted from one factory

into another factory as per requirement. So, the

retrenched 12 workers have to be accommodated in

the second respondent's factory. So, the industrial

dispute has been raised to declare that the first

respondent which was damaged due to fire accident

has been re-started by changing name as Suolificio

Linea Italia (India) Private Limited, (second

respondent) and both the establishment and the

same, and to direct the second respondent to engage/

reinstate the 12 workers of the petitioner union with

backwages, continuity of service and other attendant

benefits and to render justice.

3. The facts set out in the counter filed by the first

respondent management are stated as follows:-

3(i) It is false to state that the second respondent

is the sister concern of the first respondent. The first

and second respondents are distinct and different

factories and they are having separate owners and

shareholders. The said Companies are independent

of each other having separate control of management,

accounting, standing orders separate ESI accounts,

Provident fund accounts and nature of business. The

employees of the abovesaid factories are governed

by their own rules and regulations. The said

establishments are not managed by same family. The

first respondent has leased out a portion of its

premises to the second respondent in which it is

running the factory and the same cannot be

construed that the abovesaid companies are one and

the same. There was a fire accident on 8-12-2010 in

first respondent's factory and the entire goods,

machineries and materials were totally damaged. So,

the first respondent company could not run due to

the fire accident and lay-off was given to the workers

and lay-off salary was duly disbursed. All the

employees of the first respondent factory were

settled properly, and all their dues cleared by the

company except the petitioner (12 workers). The

workers are legally entitled to get only three months

wages as compensation under Section 25(FFF) of the

Industrial Disputes Act but the first respondent

offered four month's salary as compensation to the

workers. The first respondent cannot make any

arrangements for accommodating the 12 workers in

the second respondent factory/company. The first

respondent has no right or control over the second

respondent management. Hence the petition is devoid

of merits and liable to be dismissed.

4. The facts set out in the counter filed by the

second respondent management are stated as follows:

4(i) The two companies, namely, respondents No.1

and 2 are independent of each other having separate

management control, accounting, standing orders

etc., and the employees of the second respondent are

governed by their own rules and regulations. The

second respondent was incorporated on 11-5-2005 and

it was registered under Companies Act by the

Registrar of Companies at Kolkata. The second

respondent is a joint venture company of foreign

investors and Indian investors and it is distinct and

separate from the first respondent. The question of

absorption of the workers of the first respondent in

the second respondent company does not arise and

the claim of the petitioners is misconceived and

unsustainable in law.

4(ii) It is not true that some of the employees of

the first respondents were transferred to the second

respondent since 2005. The second respondent is

engaged in carrying on the business of manufacture

and sale of leather shoe sole and components made

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LA GAZETTE DE L’ETAT

[3 May 2016

of plastic polymer and the like. The goods are mainly

exported to different places in Europe and other

countries in the west besides selling within the

country.

The

second

respondent

has

been

incorporated with foreign and Indian investors as a

separate entity distinct from the first respondent. The

management and control and administration, standing

orders, disciplinary rules are done separately under

the directions of a separate Board of Directors

distinct from the first respondent.

4(iii) As the second respondent did not have a

premises for manufacture, it entered into lease

agreement with the first respondent to commence

production of goods in one portion of the premises

owned by the first respondent. Location of the

factory cannot be a criteria to hold that the first and

second respondents are one and the same establishment

under the common management.

4(iv) It is false to state that the services of the

employees of the first respondent were transferred

to that of the second respondent since 2005.

memorandum of settlement under section 18(1) of the

Industrial Disputes Act entered into between the

workers of Chemcrown Exports Limited and the first

respondent as one document only for the sake of

convenience and not with a view to combine the

services of the employees as if the companies are

one and the same. As there is a single union for

employees of both the companies and the union gave

a common Charter of Demands and this was the

reason why a common settlement agreement was

entered into.

4(v) A transfer of licence from Chemcrown

Exports Limited, Unit-II to M/s. Suolificio Linea Italia

India Private Limited, was made on a separate

application by the second respondent and this

cannot be considered to prove that both the

companies came under the same management.

Location of two companies for their manufacturing

activity or registered office in one and the same

premises cannot be prima facie evidence and depends

on availability of place, convenience of the investors

and other relevant matters. When the second

respondent company was in search for a place for

carrying on manufacturing activity, the first respondent

came forward to offer its premises and the factory

buildings on lease, and so the manufacturing unit

was located at the present place. The fact that some

of the directors are common in Board of Directors of

both the respondents cannot be prima-facie evidence

leading to the conclusion that both the entities are

one and the same. The Companies Act permits

persons to function as directors in different companies

at the same time subject to a limit. The fact that Sri

B.D. Bhaiya and his two sons Sri Manoj Kumar

Bhaiya and Sri Mukund Bhaiya are found to be in

both the companies is no criteria in favour of the

claim of the petitioners. The claim of the petitioner

union is not justified and it is unsustainable in law

and hence this industrial disputes is liable to be

dismissed with exemplary costs.

5. On the side of the petitioner trade union PW1

Thiru A. Ravichandran has been examined and Ex.P1 to

P24 were marked. On the side of the respondents RW1

(D. Vijayarajan) and RW2 (B. Balasubramanian) have

been testified and Ex.R1 to R12 were marked.

6. The point for consideration:

Whether the first respondent and the second

respondent was having functional integrality and the

petitioner (12 workers) of the 1st respondent are entitled

to be reinstated in the 2nd respondent factory with all

service benefits since the 1st respondent issued closure

notice on account of a fire accident?

7. On this point:

The first respondent, namely, M/s. Chemcrown

Exports Limited (Unit-Ill, Puducherry) was incorporated

on 26-8-1976 under the Company's Registration Act by

the Registrar of Company, Kolkata, West Bengal. The

said company engaged in manufacture of TPR PVC

Soles for foot wears/shoes. The petitioner trade union,

namely, Chemcrown Exports and Suolificio Linea Italia

Private Limited Thozhilalar Sangam is the trade union

which took care of the welfare employees of the first

respondent. Admittedly on account of a fire accident

on 8-12-2010 the entire factory building of the first

respondent with finished goods, machineries, raw

materials, furniture and office equipments were damaged.

So, the management of the first respondent decided to

close down the factory establishment with effect from

23-1-2011, and accordingly Ex.P1 notice of closure, dated

21-2-2011 was issued to all the workmen informing all

the workers that their service were terminated with

effect from 23-1-2011. Most of the employees and

trainees received closure compensation and left the first

respondent. Only 12 workers, namely, (1) A. Ravichandran,

( 2 ) K . K a l i y a mo o r t h y, ( 3 ) A . S u b r a m a n i a n ,

(4) A. Lakshmanan, (5) E. Selvam, (6) T. Srinivasan,

(7) K. Ezhumalai, (8) S. Ramesh, (9) A. Arumaiselvam,

(10) R. Murugan, (11) P. Sekar, (12) S. Magesh who are

members of the petitioner trade union declined to receive

closure compensation but insisted for reinstatement in

the second respondent factory which is a sister concern

of the first respondent having its factory within the

same premises wherein the first respondent was located.

299

3 May 2016]

LA GAZETTE DE L’ETAT

8. According to the petitioners Chemcrown Unit No. 1

was started in the year 1991 with 20 workers (the above

referred 12 workers) and in the year 1998 Chemcrown

India Limited Unit-ll was started in the same premises

with 100 workers, in the year 2000 the name of

‘Chemcrown India Limited Unit-II’ was changed as

'Chemcrown Exports Limited Unit-II' and it was

subsequently closed. The same management started

Dye-Chem (India) Limited, factory in the same place,

wherein, Chemcrown India Limited, Unit-II, was

functioning and it was also closed later. In the year 2005

the same management started Suolificio Linea Italia

(India) Private Limited, (2nd respondent) in the place

wherein Dye-Chem (India) Limited, was functioning.

9. So, it is clear that after closing down “Chemcrown

Exports Limited Unit-I” the same factory started

functioning with the name of “Chemcrown Exports

Limited Unit-II” and again this unit was also closed and

started the second respondent unit in the same place.

The workers from first respondent were frequently

transferred and shifted to 2nd respondent, according to

requirements. The management of both first and second

respondent jointly entered two settlements with the

petitioner trade union on 15-2-2007 (Ex.P20) and

on 28-4-2010 (Ex.P21) under section 18(1) of Industrial

Disputes Act petitioner trade union represented

employees of both respondents 1 and 2 and settlements

under section 18(1) was entered between the common

management of both respondents with the petitioner

trade union, regarding the wages and working condition

of the workers/employees.

10. It is seen from Ex.P23 licence docket that

Chemcrown Exports Limited, Unit-II has been

subsequently name changed as Suolificio Linea Italia

(India) Private Limited, (second respondent) and it is

functioning within the same premises.

11. The learned counsel for the petitioner argued

that management of both respondents is one and the

same and both the factories are located within the same

premises and there is only one trade union for both the

industries and they engaged in manufacture of same

products by transferring and exchanging labours as per

requirement so the second respondent is nothing but a

sister concern of the first respondent since there is

functioning integrality, so the petitioners 12 workers are

entitled to get re-employment in the second respondent

factory.

12.

Per contra, the counsels on record for

respondents 1 and 2 have contended that first respondent

and second respondent are distinct and separate

entities functioning under different management’s and

second respondent was started in the year May 2005

and it has no links with the first respondent. Though

some of the directors of both the industries are common

and the second respondent is located in a portion of

the first respondent's factory it cannot be presumed

that both the industries are related and have functional

integrality. Only for the sake of convenience one trade

union (Petitioner) has been recognized for both the

industries by the managements for the purpose of

entering settlements under section 18(1). The first

respondent is ready to pay closure compensation to the

petitioners (12 workers) since the second respondent

is a different industry not connected with the first

respondent, so the second respondent cannot be

compelled to engage the petitioners and this industrial

disputes has to be dismissed.

13. O n b e h a l f o f p e t i t i o n e r t r a d e u n i o n

Thiru A. Ravichandran has been examined as PW1 and

he has categorically explained the facts of functional

integrality between the first and second respondent by

producing relevant documents, It is an admitted fact

that first respondent was started in the year 1996 and

engaged in the business of manufacturing PVC Soles

for foot wears and shoes and the fire accident that

occurred on 8-2-2010 totally damaged and destroyed 1st

respondent factory. It is true the second respondent was

started on 11-5-2005 within the same premises of the

first respondent.

14. The company master details of first and second

respondents have been produced as Ex.P6 and P7, Ex.P6

discloses that first respondent, namely, Chemcrown

Exports Limited, was incorporated on 26-8-1976 and it

was registered under the Companies Act, in the office

registrar of Companies, Kolkata having registered office

at 95, Park Street, Second Floor, Kolkata. The other

particulars of this company have been mentioned in

Ex.P6. Ex.P7 is the master details of second respondent.

It is seen from Ex.P7 that the second respondent was

incorporated on 11-5-2005 and registered by the same

Registrar of Companies, Kolkata, having the same

registered office at 95, Park Street, Second Floor, Kolkata.

Admittedly, both the factories are located in the

following address No.19/1 and 4/4, Southern Side,

Mailam' Main Road, Sedarapet, Puducherry. Ex.R2 is the

Value Added Tax Registration Certificate of second

respondent (Form-D) and Ex.R3 is the Certificate of

Registration (Form-B). Ex.R4 is the copy of the

Memorandum and Articles of Association of second

respondent. Central Excise Registration Certificate

pertaining to the second respondent is produced as

Ex.R5. It is admitted that the second respondent factory

is located within the portion of the first respondent

factory in the same premises.

300

LA GAZETTE DE L’ETAT

[3 May 2016

15. The certificate issued by Central Board of Excise

and Customs (Form ST-2) as relating to second

respondent is produced as Ex.R6 and PAN Card copy

is marked as Ex.R7. It is seen from Ex.R7 PAN Card that

it has been issued under the name of first respondent

(Chemcrown Exports Limited Unit-Ill). Ex.R8 is the letter

sent by ESI Corporation to the second respondent. It

is seen from Ex.R9 letter that ESI Corporation has

allotted Code No. 55-42384-90 for second respondent.

Ex.R10 is the acknowledgement of the Government of

Puducherry, Department of Industries and Commerce for

the acknowledgement of the memorandum filed by the

second respondent, regarding manufacturing of PU

Shoe Soles and Heels and other particulars of the

factory. The Government of Puducherry has issued

Ex.R11 no objection certificate for change of

manufacturing from PU Shoe Soles and Heels to TPR

Soles, PVC Soles by the second respondent. Further the

Government of Puducherry has issued Ex.R12 no

objection letter to the second respondent to

manufacture "Foot Wears" as additional product with

certain conditions. So, the documents produced by the

respondent referred above would clearly indicate that

the second respondent factory has been started in a

portion of the first respondent premises and 2nd

respondent is doing the same business of manufacturing

different types of soles for shoes and also foot wears.

16. The learned counsel for the petitioner pointed

out that the Hon'ble Apex Court in the case of the

Associated Cement Companies Limited (1960 AIR Pg.

No. 56) has formulated the guidelines to decide whether

the two establishments have functional integrality or

they are separate entities by carefully considering the

following aspects (1) Ownership, (2) Control and

Supervision, (3) Finance, (4) Management and

Employment, (5) Geographical Proximity and (6) General

Unity of Purpose and Functional Integrality.

17. Ex,P1 is the closure of notice, dated 21-2-2011

issued by 1st respondent stating that the factory was

closed with effect from 23-1-2011. As 1st respondent

factory was ravaged due to fire accident on 8-2-2011 it

decide for closure of the industry. Except the petitioner

(12 workers) other labour accepted closure compensation

and the petitioner insisted for re-employed in 2nd

respondent. As the petitioners denied employment in

second respondent factory with back wages and

continuity of service they approached the Labour

Department by filing representation, dated 9-3-2011

marked as Ex.P2. The respondents strongly rejected the

claim of petitioners for reinstatement and expressed

willingness to pay closure compensation only and the

conciliation ended in failure. Ex.P3 report on Failure of

Conciliation, dated 20-4-2012 was sent to the Government

and consequently Ex.P4 notification was issued

referring to the dispute to this court for adjudication.

18. It is an admitted fact that the second respondent

was started in a portion of the premises of the first

respondent factory on 11-5-2005. To substantiate the

contention of the petitioner, that the second respondent

is the sister concern of the first respondent, Ex.P6 and

P7 master details of respondents 1 and 2 have been

produced and these certificates disclosed that both the

respondents 1 and 2 have been registered in the office

of Registrar of Companies, Kolkata and having business

address in the same premises Further B.D. Bhaiya and

his sons were the proprietors of first respondent and

B.D. Bhaiya is one of the directors of second

respondent company, who he is having 33% share

holding. The petitioners have produced some of the

appointment orders of the workers as Ex.P8 (related to

D. Sundaramoorthy), Ex.P9 (D. Karthikeyan), Ex.P11

(S. Ramesh) and Ex.P24 (A. Ravichandran). Employee

D. Karthikeyan of 1st respondent has been transferred

to another factory, namely, Dye-Chem India Limited, as

per Ex.P10 Order. Ex.P12 is the pay slip of worker

S. Ramesh issued by first respondent. Ex.P13 contains

copies two pay slips of worker T. Ezhilarasan one related

to the month of December 2008 issued by the first

respondent, and another for the month of August 2007

issued by the second respondent. Ex.P14 is the copy

of two pay slips relating to worker N. Velmurugan one

for the month of May 2008 issued by the second

respondent and another for the month of February 2009

issued by first respondent. Ex.P15 is the copy of two

pay slips of worker P. Thanasekaran, one pay slip for the

month of March 2008 has been issued by the second

respondent and another pay slip for the month of

November 2009 was issued by first respondent. Ex.P16

contains two pay slips of worker D. Sundaramoorthy

and one pay slip for the month of November 2010 was

issued by the second respondent and another pay slip

for the month of February 2005 has been issued by the

first respondent.

19. Pointing out the above referred pay slips of some

of the workers, the learned counsel for the petitioner

argued that workers of first respondent had been

transferred/shifted frequently to the second respondent,

since both the factories are under the control of same

managemert and engaged in manufacturing of PU Shoe

Soles and Heels. The interchangeable nature of workers

of respondents 1 and 2 and location of these factories

would disclose that the two industries are not separate

entities, on the other hand there were managed,

supervised and controlled by one group of management

according to learned counsel for the petitioner.

20. Admittedly, there was only one trade union,

namely, Chemcrown Exports and M/s. Suolificio Linea

Italia Private Limited Thozhilalar Sangam (petitioner

trade union) for the workers of respondents 1 and 2.

301

3 May 2016]

LA GAZETTE DE L’ETAT

It is not in the dispute that the management of respondents

1 and 2 jointly entered Ex.P20 and Ex.P21 settlements

under section 18(1) that the management of petitioner

trade union. A perusal of the Ex.P20 and Ex.P21 would

clearly indicate that the management of both the

respondents is one and the same and the workers of

both factories represented by the same trade union

(petitioner) and these settlements have been arrived at.

21. Ex.P22 is the information furnished by the

Government of Puducherry under the Right to

Information Act stating that the name of the Chemcrown

Export Limited Unit-II has been changed and it is now

functioning as Suolificio Linea Italia (India) Private

Limited, (second respondent). Further Ex.P23 is the

licence docket of Chemcrown Exports Limited, Unit-II

and which discloses that this factory has been name

changed as Suolificio Linea Italia (India) Private Limited,

(second respondent). Further name of the licencee

Thiru B.D. Bhaiya has been changed in the name of his

son Thiru Mukund Bhaiya. So, Ex.P22 and P23 would

clearly demonstrate that Chemcrown Exports Limited

Unit-II was closed and the factory was restarted in the

name of the second respondent. The management of the

companies is vested with the family Thiru B.D. Bhaiya

and his sons Thiru Manoj Bhaiya and Thiru Mukund

Bhaiya.

22 The proprietors of first respondent have taken

major role in the formation and running of second

respondent and they are now managing and supervising

the second respondent concern. So, the petitioners have

categorically established that the ownership of both first

and second respondent is one and the same and now

the second respondent is controlled, supervised by the

same management. Further there was only one Trade

Union (Petitioner) for the workers of both industries and

the management representing both respondents jointly

entered settlements under section 18(1) with petitioner

Trade Union. While considering the fact of proximity

both respondents 1 and 2 are located in the same

premises and only after closing down of Chemcrown

Exports Limited Unit-II it was restarted in the name of

second respondent and both the factories are engaged

in manufacturing the same products, namely, different

types of soles for shoes and foot wears. The workers

of the first respondent factory were transferred to

second respondent factory as per requirements and this

fact is established by Ex.P13, Ex.P14, Ex.P15 and Ex.P16

pay slip copies of some workers. So, a careful analysis

and perusal of the records available would clearly

indicate that there exists functional integrality between

the first and second respondent and both the factories

are under the control and supervision of the same

management and engaged in production of the same

materials.

23. The petitioners, namely, 12 workers served for

many years in the first respondent factory and they

acquired much experience, in fact the second respondent

is ready to engage the petitioners but only as a fresh

entrants. But considering the factual position and the

service of the workers in the light functional integrality

of both the factories, namely, respondents 1 and 2,

I consider that the petitioners have to be absorbed in

the second respondent factory with half back-wages and

with continuity of service and other attendant benefits.

Accordingly, I answer that the first respondent (closed

down industry) and the second respondent (running

industry) have functional integrality as per the

guidelines of the Hon'ble Supreme Court as observed

in the case of Associated Cement Companies Limited.

So, the petitioners who have laid-off due to the closure

of the first respondent is entitled for reinstatement in

the second respondent factory and accordingly I answer

this point.

24. In the result, this industrial disputes is allowed

and the second respondent is directed to engage/

reinstate the petitioners, namely, the following

12 workers (1) A. Ravichandran, (2) K. Kaliyamoorthy,

(3) A. Subramanian, (4) A. Lakshmanan, (5) E. Selvam,

(6) T. Srinivasan, (7) K. Ezhumalai, (8) S. Ramesh,

(9) A. Arumaiselvam, (10) R. Murugan, (11) P. Sekar,

(12) S. Magesh with 50% back-wages and with

continuity of service and other attendant benefits within

a period of one month from the date of this order.

Dictated to the Stenographer transcribed by her,

corrected and pronounced by me in open court on this

the 24th day of February, 2016.

N. SIVAKUMAR,

Presiding Officer, Labour Court,

Pondicherry.

————

List of petitioner's witness:

PW.1— 18-8-2014 — A. Ravichandran

List of respondent's witnesses:

RW.1— 17-2-2015 — D. Vijayarajan

RW 2— 17-3-2015 — B. Balasubramanian

List of petitioner’s exhibits:

Ex.P1 — Copy of the notice of closure, dated

21-2-2011. (Orginal)

Ex.P2 — Copy of the letter in Sangam raised

industrial dispute, dated 21-2-2009.

(Photocopy)

302

LA GAZETTE DE L’ETAT

[3 May 2016

Ex.P3 — Copy of the conciliation failure report,

dated 20-4-2012.(Original)

Ex.P4 — Copy of the reference notification

by Government of Puducherry, dated

13-7-2012. (Photocopy)

Ex.P5 — Copy of the Certificate of registration of

trade union, dated 26-3-2003. (Photocopy)

Ex.P6 — Copy of the company master details for

1st

respondent,

dated

20-11-2011.

(Original)

Ex.P7 — Copy of the company master details for

2nd respondent,

dated

20-11-2011.

(Original)

Ex.P8 — Copy of the Sundaramoorthy Appointment

Order in Chemcrown Exports Limited,

dated 1-7-1998. (Photocopy)

Ex.P9 — Copy of the Karthikeyan Appointment

Order in Chemcrown (India) Limited,

dated 1-8-1996. (Original)

Ex.P10— Copy of the Karthikeyan Transfer Order

in Chemcrown (India) Limited, to

Dye chem (India) Limited, dated 30-3-2000.

(Original)

Ex.P11— Copy of the Ramesh Appointment Order in

Chemcrown (India) Limited, dated 2-5-1997.

(Photocopy)

Ex.P12— Copy of the S. Ramesh salary bill in

Chemcrown Exports Limited, dated

May 2010 (Photocopy)

Ex.P13— Copy of the T. Ezyilarasan salary bill in

2nd respondent and T. Ezhilarasan

Salary Bills in 1st respondent, dated

August 2007 and December 2008.

(Photocopy)

Ex.P14— Copy of the N. Velmurugan salary bill in

2nd respondent and N. Velmurugan

salary bills in 1st respondent, May 2008

and February 2009. (Photocopy)

Ex.P15— Copy of the P. Thanasekar salary bill in

2nd respondent and P. Thanasekar

salary bills in 1st respondent, March

2008 and November 2009. (Photocopy)

Ex.P16— Copy of the D. Sundaramoorthy salary bills

in 2nd respondent and D. Sundaramoorthy

salary bills in 1st respondent, February

2005 and November 2010. (Photocopy)

Ex.P17— Copy of the letter issued by the petitioner

sangam to the 1st respondent management

and

received

by

2nd

respondent

management, dated 25-9-2009. (Photocopy)

Ex.P18— Copy of the general letter issued by the

petitioner sangam to the 1st and 2nd

respondent management and received

by

2nd

respondent

management,

dated 4-10-2010. (Photocopy)

Ex.P19— Copy of the general letter issued by the

petitioner sangam to the 1st and 2nd

Respondent management and received

by

2nd

respondent management,

dated 14-6-2010. (Photocopy)

Ex.P20— Copy of the memoranduom of agreement

between M/s. Chemcrown Exports Limited

and Chemcrown Exports Workers Union

under section 18(1) of Industrial Disputes

Act, 1947, dated 15-2-2007. (Photocopy)

Ex.P21— Copy of the memorandum of agreement

between M/s. Chemcrown Exports Limited

and Chemcrown Exports Workers Union

under section 18(1) of Industrial Disputes

Act, 1947, dated 28-4-2010. (Original)

Ex.P22— Copy of the Reply Letter issued by the

Labour Department Puducherry under

the Right to Information Act, dated

14-9-2012. (Original)

Ex.P23— C o p y o f t h e L i c e n c e D o c k e t i n

M/s. Chemcrown Exports Limited, Unit-II,

with the re cent name chang e o f

M/s. Suolificio Linea Italia Private

Limited, dated 14-9-2012. (Photocopy)

Ex.P24— Copy of the Appointment Order in

A. Ravichandran in first petitioner,

dated 21-7-1994. (Photocopy)

List of respondents exhibits:

Ex.R1 — Certified copy of the authorisation letter,

dated 4-11-2014 (True copy)

Ex.R2 — Copy of the Value Added tax registration

certificate, dated 28-9-2007. (Photocopy)

Ex.R3 — Copy of the cetificate of registration of

commercial tax, dated 14-12-2005.

(Photocopy)

Ex.R4 — Copy of the memorandum of articles of

association, dated 11-5-2005. (Photocopy)

Ex.R5 — Copy of the certificate of registration

issued by the Central Board of Excise

and Custom, dated 9-9-2005. (Photocopy)

Ex.R6 — Copy of the certificate (Form ST-2)

issued by the Central Board of Excise

and Custom, dated 17-1-2005. (Photocopy)

303

3 May 2016]

LA GAZETTE DE L’ETAT

Ex.R7 — Copy of the PAN Card (Photocopy)

Ex.R8 — Copy of the letter of Employees State

Insurance Corporation, dated 29-1-2005.

(Photocopy)

Ex.R9 — Copy of the certificate of Registration of

factory issued by the Employees' State

Insurance Corporation, dated 7-3-2006.

(Photocopy)

Ex.R10— Copy of the Acknowledgement issued by

Department of Industries and Commerce,

dated 8-10-2014. (Photocopy)

Ex.R11— Copy of the letter of Department of

Industries and Commerce, dated 2-8-2011.

(Photocopy)

Ex.R12— Copy of the letter of Department of

Science Technology and Environment,

Puducherry, Pollution Control Committee,

dated 27-8-2014. (Photocopy)

N. SIVAKUMAR,

Presiding Officer, Labour Court,

Pondicherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 22/Lab./AIL/J/2016, dated 19th April 2016)

NOTIFICATION

Whereas, an Award in I.D (L) No. 10/2013,

dated 29-1-2016 of the Labour Court, Puducherry in

respect of the industrial dispute between the

management of M/s. Larsen & Toubro Limited,

Puducherry and its worker Thiruvalar D. Ramesh 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 the Secretary to Government (Labour), that the said

award shall be published in the Official Gazette,

Puducherry.

(By order)

E. VALLAVAN,

Commissioner of Labour-cum-

Additional Secretary to Government (Labour).

BEFORE THE LABOUR COURT AT PUDUCHERRY

Present : Thiru N. SIVAKUMAR, B.A., M.L.,

Presiding Officer, Labour Court.

Friday, the 29th day of January 2016

I.D. (L) No. 10/2013

D. Ramesh,

S/o. Dhandapani,

aged about 37 years,

No. 10, Nadu Street,

Wisemen Higher Secondary

School Opposite,

Velrampet, Puducherry.

. . Petitioner

Versus

The General Manager,

Larsen & Toubro Limited,

Pondicherry Works,

Mylam Road, Sedherapet,

Puducherry.

. . Respondent.

This industrial dispute coming on 18-1-2016 for final

hearing before me in the presence of Thiruvalargal

P.R. Thiruneelakandan and A. Mithun Chakkaravarthy,

Counsel for the petitioner, Thiruvalargal M. Vaikunth,

R. Vikneshraj and R. Elamparuthi, Counsel for the

respondent, upon hearing both sides, perusing the case

records and having stood over till this day for

consideration, this court delivered the following:

AWARD

This industrial dispute has been referred as per the

G.O. Rt. No. 15/AIL/Lab./J/2013, dated 15-2-2013 for

adjudicating the following:-

(1) Whether the dispute raised by petitioner Thiru

D. Ramesh against the Management of M/s.

Larsen & Toubro Limited, Puducherry over his non-

employment caused due to the termination order,

dated 22-11-2011 issued by the management is

justified or not?

(2) If justified, what relief the petitioner is 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:-

2(i) The petitioner, namely, D. Ramesh was

appointed in the respondent factory, namely, Larsen

& Toubro Limited, on 21-11-1995 as a Turner

(workman-skilled) and after medical examination he

304

LA GAZETTE DE L’ETAT

[3 May 2016

was fit for appointment. The petitioner was given an

appointment order, dated 8-7-1996 designating him as

Trainee and along with the petitioner 30 workmen

were also appointed. While so, the petitioner and

4 other workers, namely, D. Kulanjinathan,

M. Boothanathan, K. Selvam and V. Ramalingam,

Murugavel, were denied employment by the

respondent's act of victimisation and unfair Labour

practice. So the workers, namely, M. Boothanathan,

K. Selvam and V. Ramalingam challenging their illegal

termination raised an industrial dispute in ID(L) No.

54 of 2001 before the Labour Court, Puducherry.

Likewise the petitioner and the workman namely

D. Kulanjinathan raised another industrial dispute in

ID(L) No. 59 of 2001. The Labour Court, Puducherry,

vide its order, dated 31-1-2003 passed an award

holding that the termination of the petitioner and the

other workers are illegal and directed the respondent

herein to reinstate the petitioner and the other

workers with effect from 21-8-1998 with half back

wages and with continuity of service and other

attendant benefits.

2(ii) Against the award passed by the Labour

Court the respondent preferred Writ Petitions WP

No.11475 and 11476 of 2003 and the same were

dismissed by the Hon’ble High Court vide its

common order, dated 8-2-2011 against which the

respondent preferred Writ Appeals WA No. 577 and

578 of 2011 and the same were also dismissed by the

Division Bench vide its common order, dated 7-4-2011

and thereby the award of the Labour Court made

in ID Nos. 54 and 59 of 2001 reached finality since

no SLP was preferred by the respondent as against

the said order of Division Bench. Even thereafter the

respondent did not provide employment to the

petitioner. So the petitioner made representations,

dated 9-5-2011, 9-6-2011 and 14-6-2011 to the Deputy

Commissioner of Labour-cum-Conciliation Officer

(DLC). On receipt of the said representations the

DLC had issued conciliation notice, dated 5-7-2011

to the respondent, during the conciliation meeting

before the DLC on 25-7-2011 the petitioner and the

other terminated workers were given a fresh

appointment orders as probationers.

2(iii) The petitioner and other terminated workers

objected fresh appointment order of probation and

complained the same before the conciliation officer

and then the respondent issued a reinstatement

order, dated 6-8-2011 implementing the award of the

Labour Court to all the said workers except the

petitioner. As the petitioner was a member in the

Trade Union namely L&T Pattali Thozhir Sangam, he

was denied implementation of the award of the

Labour Court and he was treated discriminately. The

respondent with an ulterior motive to terminate

service of the petitioner again issued fresh

appointment order as probationer. So the petitioner

objected the probation order and sent a legal notice,

dated 26-7-2011 to the respondent. On receipt of the

said legal notice the respondent issued reply, dated

27-7-2011 stating that the other terminated workers

had accepted the terms and conditions of the

reinstatement order.

2(iv) So the petitioner refuting the averments

made in the said letter sent a legal notice, dated

3-8-2011. At the time of initial appointment in the year

1995 the petitioner was medically examined and found

that he was physically fit for appointment and

accordingly appointment order was issued. Despite

that, while reinstating the petitioner as per the award

of the Labour Court, he was given appointment order

as a Probationer and he was directed to undergo

medical test for providing employment.

2(v) On 27-7-2011 the petitioner was sent to

Pondicherry Institute of Medical Science for medical

test. The doctor who had examined the petitioner

issued a medical certificate stating that the petitioner

is medically fit for employment. Not satisfied with the

medical test report the respondent once again

directed the petitioner to undergo medical

examination at Padmavathi Hospital at Puducherry,

wherein the doctor who examined the petitioner had

issued a certificate by mentioning that the petitioner

is suffering from “Rheumatic Heart Disease”, but he

has no ‘Cardiac Symptom’ and he is fit to do

sedentary type of work and advised to avoid heavy

work. Despite that the respondent denied employment

to the petitioner.

2(vi) The petitioner sent a letter, dated 10-8-2011

to the respondent stating that he is physically fit to

do all work to be assigned by the management and

even if he suffers from any health problem he will

get treatment from the ESI Hospital. Inspite of such

request, the respondent denied employment to the

petitioner and directed him on 24-9-2011 to get

fitness certificate from the Apollo Hospital, Chennai.

Since the respondent was searching reasons to deny

employment to the petitioner by directing to undergo

medical tests one after another, the petitioner sent a

letter, dated 3-10-2011 stating that he is fit to do all

works assigned by the respondent and requested the

respondent to send him common medical test

provided under the ESI Hospital, but the respondent

did not send the petitioner to the ESI Hospital.

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2(vii) The respondent had not allotted any duty

to the petitioner. So he sent complaints to Labour

Department and several representations to the

respondent on various dates. Even after such

representation the respondent did not allot routine

work to the petitioner. Curiously on 22.11.2011 the

service of the petitioner was terminated on the

ground of continued ill health and as there is no

sedentary type of work in the respondent factory to

retain him in service.

2(viii) The termination of petitioner’s service is

nothing but an act of continued victimisation and

unfair labour practice by the respondent. The

petitioner has not suffering with any continuous

ill-health. The respondent factory has various

departments such as Fabrication, Quality Control,

Galvencing, Store, Reception, Despatch, Furnace

Operator, Paint Shop, Grain Operator, etc., wherein

sedentary type of works available.

2(ix) The petitioner requested the respondent to

issue certificate of re-employment in form-37 so as

to get medical fitness certificate from Apollo Hospital,

Chennai through ESI Hospital. But his request was

denied and he was not given re-employment certificate.

2(x) The petitioner made several complaints to the

Labour authorities for breach and violation of award,

unfair labour practice of the respondent. Thereafter

the petitioner filed the Writ Petition WP No. 5290 of

2012, wherein the Hon'ble High Court directed the

petitioner to approach the Conciliation Officer and

raise a dispute over his denial of employment and in

turn the conciliation officer and the Government

directed to refer the petitioner's dispute before this

court. So the petitioner raised an industrial dispute

over his illegal termination of service which is

referred to this court under G.O. Rt. No. 15/AIL/Lab./

J/2013 and taken on file as ID No. 10 of 2013. The

termination of the petitioner on 22-11-2011 on the

ground of continued ill-health is illegal and liable to

be set aside on the following among other grounds:-

(i) Termination of the petitioner service is

arbitrary, illegal and gross violation of principle

of natural justice and amongst of victimisation and

unfair labour practice.

(ii) The respondent initially failed to implement

the award of the Labour Court, dated 31-1-2003

made in ID(L) No. 59 of 2001 without any basis.

The respondent has denied employment to the

respondent on the false ground of continued

ill-health.

(iii) The service of the petitioner was

terminated on 21-8-1998 by an act of victimization

and unfair labour practice. Since the labour court

set-aside the earlier termination and ordered for

reinstatement of the petitioner, now the

respondent in order to deny employment to the

petitioner once again terminated his service as if

he is suffering from continuous ill health.

(iv) The doctors who examined the petitioner

had given certificate that the petitioner is fit for

employment. Despite such medical records the

respondent has terminated petitioner’s service by

falsely alleging that he was suffering from

continuous ill-health.

(v) The petitioner has not been examined by

the medical board under the ESI Act and he was

not declared as he has been suffering continuous

ill-health. In the absence of any material to show

that the petitioner is suffering from continued

ill-health and unfit for employment, the termination

of the petitioner is highly illegal and arbitrary.

(vi) The rheumatic heart disease cannot be said

as continuous ill-health and there is no material

or expert opinion to say that if a person suffering

from such a disease cannot be recovered till his

retirement.

(vii) The petitioner has not been declared, that

he is incapacitated to do work due to his illness.

There are sedentary type of work available in

various departments of the respondent factory.

The doctors have given second opinion that the

petitioner can do sedentary type of work but the

petitioner’s service has been illegally terminated

by the respondent against to the medical advice.

(viii) The petitioner can be accommodated in

any sedentary type of work in other departments.

The termination of the petitioner’s service is

violation of Section 25-F of the Industrial dispute

Act, which is illegal.

(ix) The petitioner is the sole bread winner of

the family and due to his termination of service

his family is facing untold hardship, since he has

not been gainfully employed in any establishment

in anywhere. The last drawn salary of the

petitioner is ` 14,582.

So, this Hon’ble High Court may be pleased to

pass an award holding that the termination of service

of the petitioner by the respondent with effect from

22-11-2011 is illegal and consequently direct the

respondent to reinstate him with effect from 22-11-2011

with continuity of service, backwages, and all other

attendant benefits and pass such suitable order.

306

LA GAZETTE DE L’ETAT

[3 May 2016

3. The facts set out in the counter filed by the

respondent management are stated as follows:

3(i) The petitioner along with four others had

raised industrial disputes against the termination of

services from the respondent from 21-8-1998. This

disputes were referred to this Hon’ble High Court

and numbered as I.D. No. 54 of 2001 and I.D. No. 59

of 2001. At the conclusion of the trial, awards were

passed on 31-1-2003, where the petitioner was one

of the parties in I.D. No. 59 of 2001. The awards

directed the respondent to reinstate the petitioner

with effect from 21-8-1998 with half back wages and

with continuity of service and other attendant

benefits as applicable to them as per Labour laws.

3(ii) The respondent management had filed two

separate writ petitions (W.P. No. 11475 and 11476

of 2003) before the Hon’ble High Court, Madras

challenging the awards passed by the Labour Court

in I.D. No. 54 of 2001 and I.D. No. 59 of 2001. The

Hon’ble High Court, Madras by order, dated 8-2-2011

was pleased to dismiss both the writ petitions.

Thereafter the respondent management preferred Writ

Appeals W.A. Nos. 577 and 578 of 2011 before the

Division Bench of Hon’ble High Court, The Hon’ble

first bench by order, dated 7-4-2011 was pleased to

dismiss both the Write Appeals.

3(iii) Pursuant to the abovesaid orders, the

respondent management by letter, dated 25-7-2011

issued orders of reinstatement to all the workmen

covered by both the awards directing them to report

for duty on 27-7-2011.

3(iv) Although the terminated workers covered by

the awards were entitled for the reinstatement only

as casual workers, based on the job requirement, the

respondent management offered to reinstate them in

the permanent services and accordingly issued

orders of reinstatement. Hence the petitioner was

also reinstated to the permanent services and he was

also sent for medical examination along with the four

other workmen who were similarly placed.

3(v) Though the petitioner was directed to report

for duty on 27-7-2011, the continuity of service will

be considered for all practical purposes with effect

from 21-8-1998. The petitioner accepted the offer/

order of reinstatement and reported for employment

on 27-7-2011 and also received the backwages on the

same day and issued a receipt, dated 28-7-2011 for

the same.

3(vi) As per the terms of the order of

reinstatement, the petitioner was referred to the

Company’s Medical Officer. The Medical Officer who

carried out medical examination of the petitioner of

the view that the petitioner was found to be suffering

from serious heart ailment and needed to be examined

by an expert cardiologist. Accordingly, the petitioner

was referred to an expert at AG Padmavathi Hospital,

Puducherry. As per the opinion of the expert, the

petitioner was found to suffer from “Rheumatic Heart

Disease”. The expert has also opined that the

petitioner is fit to do sedentary type of work and

advised to avoid heavy work.

3(vii) The petitioner was working as a Turner. The

duties of “Turner” required considerable physical

activities and hard work. So taking into account the

opinion of the expert and keeping with mind the

duties required to be performed by the petitioner as

a Turner the respondent management advised the

petitioner to undergo further examination at Apollo

Hospitals, Chennai vide letter, dated 24-9-2011. But

the petitioner by his letter, dated 3-10-2011 refused

to appear for any further medical examination. In view

of the above, the respondent management by letter,

dated 22-11-2011 intimated the petitioner that in view

of his health condition and keeping in mind the

nature of duties required to be performed him, which

is strenuous and demand physical exertion and in

view of the fact that there is no sedentary type of

work available in the factory, the management has no

other option except to discharge the petitioner from

the services. The petitioner had been paid salary and

other allowances full and final settlement of all dues,

including notice pay, etc., by means of a cheque.

However the petitioner has not encashed the cheque

issued to him.

3(viii) The petitioner has filed a complaint before

the Labour Officer (Conciliation), Puducherry under

Section 25-T of the Industrial Disputes Act alleging

non-compliance of the award, dated 31-1-2003 in this

Hon’ble Court. In fact respondent company has

implemented the award of this court in letter and

spirit. Therefore there was no question of any unfair

labour practice on the part of the respondent

company. The petitioner thereafter filed a Writ

Petition No. 5290 of 2012 before the Hon’ble High

Court, Madras alleging unfair labour practice and

seeking prosecution of the respondent. The Hon’ble

High Court, Madras has disposed the writ petition

with direction to refer the industrial disputes relating

to non-payment of the petitioner for adjudication to

the Labour Court, Puducherry and further direction

to this court to dispose of the industrial dispute as

expeditiously as possible.

3(ix) The petitioner had worked only as a contract

labourer through a contractor that too at intermittent

intervals. During 1995 when the petitioner was taken

as a casual worker, he was not subjected to any

307

3 May 2016]

LA GAZETTE DE L’ETAT

medical examination as there was no practice of

medical check for a casual labourer. The respondent

had no knowledge of the medical fitness of the

petitioner, so he was sent for medical examination.

All the workers covered under the two awards made

in ID No. 54 and 59 of 2001, including the petitioner

were offered employment on and from 27-7-2011

making it clear that their seniority for all the purposes

would be reckoned from 21-8-1998.

3(x) The averment that there are sedentary type

of work available in the respondent factory in various

departments such as Fabrication, Quality Control,

etc., is not correct as there is no vacancy available

in other departments referred to by the petitioner

suitable to his qualification and experience. In any

case, it is submitted that the nature of job in all these

areas requires the same physical/mental exertion.

Therefore the petitioner may not be suited in view

of the expert's opinion on the health condition.

Further, it is submitted that it is within the

managerial/administrative powers to utilise the

services of employees where they are required,

depending upon the requirements of the company

and exigencies of work.

3(xi) There is no question of violation of Section

25-F of the I.D. Act as the petitioner was discharged

pursuant to his being found to be suffering from

rheumatic heart disease and the petitioner also

refused to appear for any further medical examination.

The petitioner did not make use of the offer of the

respondent

management

and

therefore

the

respondent had no other option except to discharge

the petitioner on the ground of ill-health. Hence the

claim of the petitioner is not legally sustainable and

the reference has to be dismissed.

4. During the course of enquiry, petitioner

Thiru D. Ramesh has been testified as PW.1 and Ex.P1

to P56 were marked. On the side of the respondent

Thiru K. Shanmugam, Engineering Works, Larsen and

Toubro Limited, Puducherry works has been examined

as RW.1 and Ex.R1 to R11 have been marked through

PW1 during his cross-examination.

5. The points for consideration:

(1) Whether the petitioner Thiruvalar D. Ramesh

was duly reinstated by the respondent in compliance

with the award passed in ID(L) No. 59 of 2001, dated

31-1-2003 confirmed in Writ Petition WP No. 11476

of 2003 and in Writ Appeal WA No. 578 of 2011?

(2) Whether Petitioner D. Ramesh is physically

not fit to continue his service as a Turner or to do

any sedentary nature of work in the respondent/

management?

(3) Whether the denial of employment to the

petitioner on medical grounds and termination of his

service with effect from 22-11-2011 by the respondent

amount to victimisation and unfair labour practice?

6. On the points No. 1 and 2:

The respondent factory, namely, Larsen and Toubro

Limited is located in Puducherry. The petitioner, namely,

D. Ramesh was appointed as a Trainee worker in

respondent management along with 30 other workers.

Later the order of appointment as Trainee was issued

and it is produced as Ex.P1 and the petitioner admitting

the terms and conditions of Ex.P1 affixed his signature

thereon. While the petitioner was working he became a

member of the ESI Corporation and contributions were

deducted from his salary and the Xerox copy of the ESI

Card is marked as Ex.P2. The petitioner and five other

workers were illegally terminated from service on

20-8-1998 without any notice or enquiry. So all the five

workers including the petitioner approached the Labour

Department and raised industrial disputes. The

Conciliation was not fruitful and the failure report on

conciliation was sent to Government and the abovesaid

reference was taken on file as ID No. 59/2001 for

disposal and consequently G.O. Rt. No. 179/2001/AIL/L,

dated 3-10-2001 was issued for adjudicating the

following:-

(i) Whether the non-employment of Thiruvalagal

D. Ramesh and D. Kulanjinathan by the management

of M/s. Larsen & Toubro Limited, Puducherry is

justified or not?

(ii) To what relief/benefits the said workmen are

entitled to?

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

of money if it can be so computed?

7. On considering the averments of claim statement,

counter and on appreciating oral and documentary

evidence adduced on either side the Labour court

passed award, dated 31-1-2003 directing the

respondent/management to reinstate the petitioner with

effect from 21-8-1998 with half back wages and with

continuity of service and other attendant benefits as

applicable to them as per Labour laws. The copy of the

order made in I.D. No. 59/2001 is marked as Ex.P3.

8. The respondent management felt aggrieved by the

award of the Labour Court passed in ID No. 59/2001

preferred writ petition WP No. 11476 of 2003 challenging

validity of the said award. Finally the said writ petition

was dismissed on 8-2-2011 and thereby the award was

confirmed and copy of the order is produced as Ex.P4.

Thereafter the respondent management preferred Writ

Appeal in WA No. 578 of 2011 and it was also dismissed

on 7-4-2011 as seen from Ex.P5 order copy.

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LA GAZETTE DE L’ETAT

[3 May 2016

9. Even after dismissal of the said Writ Appeal the

respondent management did not implement the award

passed in ID No. 59/2001, so the petitioner sent a

complaint under section 29 of Industrial Disputes Act

to the Deputy Labour Commissioner-cum-Conciliation

Officer and the Conciliation officer issued Ex.P6 notice,

dated 5-7-2011 to the respondent management for

prosecution under Section 29 of the ID Act. The copy

of the proceedings of the Conciliation Officer is marked

as Ex.P7. The management sent Ex.P8 letter, dated

25-7-2011 directing the petitioner to report for

employment on 27-7-2011.

10. The respondent management has issued Ex.P9

employment order titled as “employment on probation”

with effect from 27-7-2011 with some terms and

conditions Clause 3 of the Ex.P9 order reads that the

period of probation will be for six months. However the

management reserves to extend this period, if necessary.

If at the end of the probation period you are found

suitable, your appointment will be confirmed by us in

writing, subject to even being physically found fit by

our company’s Doctor. Clause 8 says during the first

three months of the period of probation, either will be

entitled to terminate the contract of employment by

giving 24 hours notice and thereafter during the

remaining period of probation by giving 14 days notice

in writing to the other without assigning any reason.

After confirmation in service, either party will be entitled

to terminate the contract of employment by giving one

month’s notice in writing or a month's salary in lieu of

thereof. A perusal of the terms and conditions found in

Ex.P9 would clearly indicate that it is a fresh order of

appointment of the petitioner in respondent’s

management only as a ‘Probationer.’

11. The petitioner through his advocate had sent

Ex.P10 reply by Fax on 26-7-2011 acknowledging the

appointment order but raised objection stating that the

appointment order is not fully in compliance with the

directions given in the award. The management has sent

Ex.P11 reply by Fax, dated 27-7-2011 stating that other

workmen have accepted the offer of employment and

the terms and conditions wholeheartedly, so the

petitioner should also accept Ex.P9 employment order.

Further the respondent management has issued Ex.P12

letter, dated 27-7-2011 asking the petitioner to undergo

pre-medical checkup at Pondicherry Institute of Medical

Sciences, Puducherry and report to the above hospital

on 28-7-2011. Ex.P13 is the medical report pertaining to

the petitioner, wherein, the doctor has given impression

as “Mild MS with Moderate MR” but given opinion as

“Mr. Ramesh (Petitioner) is medically fit for employment.”

12. Again the petitioner was referred to A.G. Padmavathi

Hospital for examination by Senior Cardiologist

Dr. G. Elangovan and the medical certificate, dated

29-7-2011 issued by him is marked along with letter

Ex.P14 (Ex.R5). It is mentioned in Ex.P14 that “On

examination the petitioner was found to have rheumatic

heart disease, mitral stenosis moderately severe, mitral

regurgitation mild, aortic regurgitation mild, in sinus

rhythm there was no clot he has no cardiac symptoms

and he is fit to do sedentary type of work and advised

to avoid heavy work.” Based on the abovesaid medical

certificate the respondent management sent Ex.P14

letter, dated 1-8-2011 to the petitioner stating that in the

light of his continued ill-health, namely, rheumatic heart

disease, etc., it will not be possible for him to continue

in service any longer. Such continuation of service will

be a greater risk to the petitioner and his fellow

employees and there was no sedentary posts available

in the factory, where he can be accommodated. In these

circumstances, the respondent management has

proposed to discharge the petitioner from service on

grounds of continued ill-health and copy of the medical

certificate has been enclosed with this letter.

13. On receiving Ex.P14 letter intimating proposal of

discharge of service the petitioner sent Ex.P15 reply by

fax, dated 3-8-2011, to the respondent management

explaining the direction of the award and the denial of

employment on the part of the respondent management.

One of the workmen Thiruvalar D. Kulanjinathan who

took part in the legal battle along with the petitioner

has accepted the work order and copy of the same is

marked as Ex.P16 and it is pertinent to note down that

the said D. Kulanjinathan has been reinstated as a

‘workman’ with basic wage of ` 1265 per month,

whereas the petitioner was not reinstated as a workman

but a fresh order of employment on probation (Ex.P9)

was issued whereunder the petitioner was proposed to

be appointed as a ‘Probationer’ with consolidated

wages on certain terms and conditions and he has to

undergo training for a specific period. So there is

discrimination on the part of the respondent while

issuing reinstatement orders to the petitioner and other

terminated workers.

14. The petitioner has sent a (Ex.P.17) a letter,

dated 10-8-2011 narrating the sequence of events right

from the beginning and the intentional denial of

employment by the management. Along with this letter

medical report Ex.P18 of the petitioner issued by

Dr. S. Anandaraja, International Cardiologist was

enclosed. It is specified in this medical report that the

petitioner though suffering from RHD “Mild MS with

Moderate MR” and AR, he is advised to carry on with

his regular activities and undergo yearly evaluation of

309

3 May 2016]

LA GAZETTE DE L’ETAT

his heart problem. Not satisfying with the medical report

the management again sent Ex.P19 letter, dated

12-8-2011and sought for explanation of the petitioner

in respect of his heart disease mentioned in Ex.P13

medical certificate issued by PIMS. The petitioner has

sent Ex.P20 reply, dated 18-8-2011 stating that he has

already submitted his explanations regarding medical

fitness under Ex.P17 letter.

15. The petitioner has submitted Ex.P22 representation,

dated 26-8-2011 to the Commissioner of Labour

regarding his denial of employment by management on

medical grounds. Again the petitioner has sent Ex.P23

representation, dated 14-9-2011 requesting the

Commissioner of Labour to enforce the award passed

in ID(L) No. 59/2001. The Deputy Commissioner of

Labour has issued Ex.P24 notice, dated 19-9-2011 to the

trade union, namely, L&T Pattali Thozhir Sangam and

also the respondent directing the respondent to give

explanation otherwise to be prosecuted under Section 29

of the ID Act. Further the Chief Inspector of Factories

sent Ex.P26 memo to the respondent for non-issuance

of pay slip, uniform, confirmation of work and allocation

to the petitioner.

16. Thereafter the respondent issued Ex.P27 letter,

dated 24-9-2011 directing the petitioner for further

medical examination by an Expert Cardiologist at Apollo

Hospitals, Chennai. The petitioner sent reply stating

that already he had been examined by Experts/

Specialists in two medical institutions and no more

medical tests required. He has mentioned that if he

suffers from any heart ailment he would continue

treatment through ESI Hospital. Further the petitioner

has made several representations to the Labour

Department stating that he has not been given

employment and discriminated from other workers.

17. The learned counsel for the petitioner submitted

that petitioner was ready to undergo medical

examination in Apollo Hospital for which he sought for

Form-37 from the management but it was denied. The

petitioner has produced Ex.P2 ESI identity card and

Ex.P32, P33, P34 and P35 ESI Hospital prescriptions to

show that he went to ESI Hospital for medical

examination.

18. The respondent has sent Ex.P36 letter, dated

22-11-2011 stating that petitioners continued health

condition, that relates to rheumatic heart disease does

not enable the petitioner to continue service any longer

so the management has decided to discharge the

petitioner from service forthwith for his continued

ill-health. The discharge of the petitioner from service

has taken effect from 22-11-2011 and a cheque for a

sum of ` 96,463 has been enclosed towards the full and

final settlement including one month's wages in lieu of

notice.

19. The petitioner has sent Ex.P37 letter, dated

23-11-2011 to the respondent management stating that

he was not given due opportunity and sufficient time

to go to Apollo Hospital for medical tests. It is further

mentioned that if Form-37 is issued to the petitioner, he

will be ready to attend for medical examination at Apollo

Hospital, Chennai. The petitioner as an employee

covered under ESI Act, he could get necessary medical

treatment from ESI Hospital. The petitioner has sent

Ex.P38, P40, P41 letters to the respondent management

explaining his health condition and the ordeals faced

by me due to denial of employment. Thereafter the

petitioner has addressed to the Labour Commissioner

through Ex.P42 letter raising an industrial dispute in

respect of his denial of employment by the respondent.

Further the petitioner has sent several complaints

alleging certain violations and illigal activities of the

respondent management to Labour Department. But no

effective steps were taken by the Labour Department,

Puducherry, for reinstatement of the petitioner. So the

petitioner approached the Hon’ble High Court by filing

Writ Petition WP No. 5290 of 2012 seeking direction to

the Union territory of Puducherry to prosecute the

respondent

management

for

failure

of

the

implementation of award in ID(L) No. 59/2001. The said

Writ Petition was disposed on 8-2-2011 with a direction

to the Union territory of Puducherry to refer the

industrial dispute relating to non-employment of

petitioner caused due to termination order, dated

22-11-2011 (Ex.P36) issued by the management for

adjudication to Labour Court and further direction to

the Labour Court to dispose of the industrial dispute

as expeditiously as possible. The copy of the order in

the abovesaid Writ Petition is produced as Ex.P51 and

in pursuance of the direction the petitioner raised

industrial dispute but the conciliation was failed and the

reference was made to this court for disposal.

20. It is true that the petitioner was found to be a

workman of the respondent management and the

respondent management was directed to reinstate him

with effect from 21-8-1998, as per Ex.P3 award with half

back wages and with continuity of service and other

attendant benefits.

21. The respondent management without complying

the direction of the award, preferred Ex.P4 Writ Petition

which was dismissed and the Writ Appeal Ex.P5 was

also dismissed, after dismissal of Writ Petition and Writ

Appeal the award passed in ID No. 59 of 2001 reached

finality, since no SLP was preferred. The learned

counsel for the petitioner vehemently argued that

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LA GAZETTE DE L’ETAT

[3 May 2016

without reinstating the petitioner the respondent

management adopted several tactics and denied

employment of the petitioner. The petitioner ought to

have been reinstated as a workman line other terminated

workers, but the petitioner has been isolated and he has

been issued with Ex.P9 employment order on probation.

It is pertinent to note that in Ex.P3 award nothing has

been mentioned that the petitioner should be reinstated

as a Probationer/Trainee. Contrary to the direction given

in Ex.P3 award confirmed in Writ Petition and Writ

Appeal, the management has chosen a third decree

method to victimise the petitioner and consequently

issued Ex.P9 for appointing the petitioner on probation.

The terms and conditions found Ex.P9 clearly

demonstrate that the petitioner was selected as a fresh

Trainee/Probationer.

22. After issuing Ex.P9 appointment order, the

petitioner was directed to appear for routine medical

checkup. Ex.P13 is the first medical report issued by

PIMS wherein the doctor has given opinion that the

petitioner is medically fit for employment, though he

was suffering with “Mild MS with Moderate MR”. Not

satisfying with the medical report, the management

directed the petitioner to undergo medical examination

by an Expert, namely, Dr. G. Elangovan and on thorough

examination he issued the medical certificate produced

along with Ex.P14 letter. It is specifically mentioned in

the medical certificate that the petitioner “has no

cardiac symptoms” and he is fit to do sedentary type

of work and advised to avoid heavy work”.

The respondent management was not satisfied even

with the second report also and the petitioner was not

reinstated. The petitioner made several attempts and

preferred may representations to the management to get

employment. Further he sent several complaints in this

regard to the concerned authorities. But the respondent

management without perusing the representation of the

petitioner, once again directed him to appear for medical

examination by Expert Doctor at Apollo Hospital,

Chennai.

23. It is an admitted fact that the petitioner as an

employee covered under ESI Scheme and he can very

well undergo treatment for his ailments in the ESI

Hospital. The petitioner has also sent specific

representation stating that he is fit for appointment and

ready to undergo examination by a Medical Board to

be constituted by ESI. But the management without

sending the petitioner for Examination by Medical

Board of ESI, has directed him to be examined by a

private hospital. The medical reports Ex.P13, Ex.P14

and Ex.P18 would clearly indicate that the petitioner is

not suffering from any continued ill-health nor Cardiac

Symptoms but he is suffering from “Mild MS with

Moderate MR”.

24. Admittedly, the petitioner was appointed in the

year 1995 as a Probationer and on completion of training

he continued service as a Turner, since he had

completed ITI course. So he is a qualified Turner and

he was doing the work of Turner and Machine Operator.

In Ex.P13 medical report nothing explained about his

cardiac disease and the doctor has given opinion that

he was medically fit for employment. Only in Ex.P14

(Ex.R5) it is mentioned that he has no cardiac symptoms

but found to have rheumatic heart disease and advised

that he is fit to do sedentary type of work and to avoid

heavy work. The respondent management has firmly

taken a decision of not reinstating the petitioner and

asked him to undergo medical examinations one after

another. The attitude of the respondent management is

a deliberate denial of employment to the petitioner since

he has been driven from pillar to post.

25. The respondent is under legal obligation to

reinstate the petitioner in terms of Ex.P3 award. Having

lost the legal battle the respondent management has

chosen to adopt third decree methods to victimise the

petitioner and he has been directed to undergo several

medical tests. It is clear from the medical records that

the petitioner has no cardiac symptoms and he can be

employed in sedentary type of work. But the

respondent management has not chosen to absorb the

petitioner as an employee and abruptly sent Ex.P36

letter discharging his service.

26. The petitioner has undergone medical tests for

two times as insisted by the respondent management

in Ex.P13 and P14 medical certificate/report pertaining

to the petitioner nothing has been disclosed that he is

suffering from continued ill-health or he is unfit to do

any work. Even in the Ex.P14, it is specifically

mentioned that the petitioner is advised to do

sedentary nature of work and avoid heavy work.

Intentionally, the respondent management has not

chosen to send the petitioner to the Medical Board to

be constituted by ESI for further examination, since all

the required tests have already been conducted on two

occasions as evident from Ex.P13 and P14 according to

learned counsel for petitioner. The respondent has not

stated any valid reason why the petitioner should

undergo third medical tests at Apollo Hospital, Chennai,

when the same tests could be conducted by ESI Medical

Board. It is pertinent that the petitioner is not suffering

from any cardiac symptoms as opined by Doctor

G. Elangovan in Ex.P14 (Ex.R5 report). Unless, the

petitioner is examined by a Medical Board and issued

with a disability certificate, the management should not

presume on the basis of Ex.P13 and P14 that the

petitioner is suffering from continued ill-health

according to learned counsel for the petitioner and in

support this contention he placed reliance on the

following authorities.

311

3 May 2016]

LA GAZETTE DE L’ETAT

2002(2) LLJ 973

Management of Eagle Flasks Industries Limited

Vs.

Presiding Officer and Another

“In the event of the management having come to

the conclusion that the petitioner was medically unfit

then the management should have referred the worker

to a properly constituted Medical Board, only after

giving proper opportunity to the second respondent,

and found that the worker medically unfit. Therefore,

mere reliance placed on the letter of the second

respondent to hold that he was medically unfit to be

employed in Madras, cannot be sustained.”

27. The respondent management has not conducted

any enquiry by giving opportunity the petitioner to

prove the factum that the petitioner is affected by

continued ill-health. Only on the basis of enquiry report

the service of the petitioner should have been

terminated, but the respondent without conducting any

enquiry arrived the finding that the petitioner is

suffering from continued ill-health purely on the basis

of Ex.P14 medical report and this procedure is not in

accordance with law according to learned counsel for

petitioner and he referred to the following citation in

support his contention.

Reliance is faced on the ruling reported in

1992(2) LLJ 439,

Lalit Mohan Puri Vs. Pure Drinks (New Delhi)

Limited.

“In our view the respondents should have some

direct evidence with it to show firstly, that the

petitioner was suffering from ill-health and secondly,

that he continued to be in ill-health till the time of

termination of his services. We are of the opinion

that inquiry should have been held if the petitioner

continued to be ill-health and the matter should not

be left merely to presumptions. For this purpose the

respondent was free to hold a proper inquiry where

the petitioner could have been examined and even

could lead his evidence to show that he was not

suffering from ill-health. We are therefore of the view

that it was illegal on the part of the respondent to

terminate the services of the petitioner and we do not

agree with the conclusion arrived at by the Labour

Court". The learned counsel for the petitioner

submitted that since the management failed to

remit the ESI and PF contributions to the concerned

authorities it is hesitant to send the petitioner for

treatment at ESI Hospital. Further ESI (General

Regulation 98) specifies certain conditions and

procedures for discharging employees which the

respondent management could not strictly follow, so

respondent management has not referred the

petitioner to Medical Board of ESI.

28. The petitioner in pursuance of the award passed

by the Labour Court was issued with appointment order

but before-allotting work he was subjected and

tormented by medical examinations at the behest of the

respondent management. The two medical certificates,

namely, Ex.P13 and P14 have not disclosed any

continued ill-health of the petitioner nor any permanent

disablement. It is admitted by RW.1 that some employees

suffering from heart ailments are working in the

respondent management. The petitioner's continued

ill-health as alleged by the respondent has not been

strictly proved by relevant medical evidence.

No enquiry was conducted by the respondent

management to find out the alleged continued ill-health

of the petitioner as already discussed. The respondent

management was not ready to refer the petitioner to the

Medical Board of ESI. Under such circumstances, on the

basis of the available evidence, namely, Ex.P13, Ex.P14

and Ex.P18 it is difficult to infer that the petitioner is

suffering from continued ill-health.

29. The petitioner is suffering from ‘Rheumatic Heart

Disease’ but he can continue sedentary nature of work

and to avoid heavy work as per Ex.P14 certificate. The

learned counsel for the respondent vehemently argued

that the respondent being a Turner he has to do (a)

Turning the Machine's punch and dies, Turning the

bushes for CNC and other machines, (b) Turning lock

nets and making thread for AMC machines, (c) Turning

crane wheel and other parts and other miscellaneous

jobs and these nature of duties are strenuous and

require physical exertion and the petitioner as a cardiac

patient could not carry out the work of a Turner. Of

course, in Ex.P13 medical certificate, it is stated that the

petitioner is medically fit for work, but in Ex.P14 Medical

Report there is a suggestion by the Doctor that the

petitioner should avoid heavy work and he can do

sedentary nature of work. There is no medical opinion

given by the Competent Medical Board, so as to

precisely decide health condition of petitioner. So, on

the sole basis of Ex.P14 medical certificate issued by a

private doctor recommended by the respondent

management it is not safe to conclude that the petitioner

is suffering from continued ill-health. The learned

counsel for the petitioner argued that even if the court

comes to the conclusion that the petitioner is suffering

from heart ailment, respondent/management is bound to

provide employment to him suitable to his health

condition, in view of the award passed by the Labour

Court and in support of his contention he placed

reliance on the following authorities:-

312

LA GAZETTE DE L’ETAT

[3 May 2016

(i) (1994)4SCC460

Narendra Kumar Chandla

Vs.

State of Haryana and others

“Article 21 of the Constitution protects the right

to livelihood as an integral facet of right to life When

an employee is afflicted with unfortunate disease due

to which, when he is unable to perform the duties of

the posts he was holding, the employer must make

every endeavour to adjust him in a post in which the

employee would be suitable to discharge his duties".

(ii) CDJ 2008 MHC 4833 and 2008(4) TLNJ 272

(Civil)

“It is well settled that a person who is found to

be disabled and is not in a position to carry on the

work which was assigned to him earlier should be

assigned with the duties which he could perform

inspite of disability. Section 47 of the Persons with

Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995, clearly lays

down that the disabled person should not be put in

a disadvantageous position due to his disability.

Therefore, a duty is cast on the employer to continue

the disabled person in employment assigning him the

work which he would be in a position to perform. "

30. First of all in this case, there is no reliable

medical evidence to hold that the petitioner is suffering

from continued ill-health. In the absence of such

evidence discharging the petitioner from service is

certainly, illegal, that too when the respondent has been

directed to reinstate the petitioner by an order passed

by the Labour Court affirmed by the Hon'ble High

Court. The respondent management should not have

resorted to denial of employment on the ground of

continued ill-health of the petitioner without proper and

reliable medical reports. The petitioner who received the

appointment order and appeared for medical examination

and issued with Ex.P13 certificate which discloses his

medical fitness. Again the second medical examination

was conducted at the instance of respondent

management and it is mentioned in the medical certificate

Ex.P14 that petitioner has “no cardiac symptoms”.

Under such circumstances it cannot be said that

petitioner is suffering from continued ill-health.

31. The respondent management without seeking

report from Medical Board and without conducting

proper enquiry to prove the alleged continued ill-health

of the petitioner, has discharged him from service

on 22-11-2011 as per Ex.P36. The procedure adopted

by the respondent management in discharging the

petitioner is certainly unjustifiable and not in

consonance with the provision of Industrial Dispute

Act and the Regulation 98 of ESI Act.

32. The learned counsel for the petitioner contended

that though petitioner is suffering with mild heart

ailment he can be provided with medical treatment at

ESI Hospital, but the respondent is not ready for

sending the petitioner to ESI Hospital since the

management failed to remit ESI contribution regularly.

33. It is clear that the respondent management with

the only intention of denial of employment to the

petitioner has harassed him by subjecting to undergo

several medical tests. The respondent management

should not have issued Ex.P9 fresh appointment order

to appoint the petitioner as a 'Probationer’ since Ex.P3

award directs the respondent to reinstate the petitioner

with effect from 21-8-1998 with half backwages and with

continuity of service. Ex.P9 fresh appointment order has

been issued to appoint the petitioner as a Probationer/

Trainee on consolidated pay is certainly a violation of

the direction to the respondent as per Ex.P3 award. The

further direction of continuity of service has been

blatantly flouted and the petitioner has not been duly

appointed and no work was allotted to him nor his name

was entered into the muster roll. Before reinstating the

petitioner he was forced to undergo several medical

tests and finally he was illegally discharged. The contact

of the respondent management in discharging the

petitioner before appointment is certainly an act of

continued victimisation and not in good faith, but in

the colourable exercise of the employer's rights as

specified 5 (a), (b) in the 5th Schedule, namely, unfair

labour practices. On taking into account the oral and

documentary evidence adduced on either side, I hold

that the petitioner D. Ramesh was not duly reinstated

by respondent in compliance with the award passed in

ID(L) No. 59/2001 and accordingly I answer Point

No. 1. Regarding Point No. 2. I answer that the

petitioner D. Ramesh is physically fit to do regular work

or sedentary nature of work in the respondent

management.

Point No. 3

34. There is no medical proof, to conclude that the

petitioner is suffering from continued ill-health and he

is unfit to do work of a Turner. In the absence of any

medical certificate issued by Competent Medical Board

nothing could be presumed that the petitioner is

suffering with disability and continued ill-health.

The respondent management relying on the medical

report Ex.P14 illegally discharged the petitioner and

terminated his service even before appointment. So the

petitioner has been victimised and subjected to unfair

labour practice of the respondent management. If the

respondent considers the petitioner as suffering from

rheumatic heart disease in the light of Ex.P14 (Ex.R5)

medical certificate, then, it is advisable to allot him

313

3 May 2016]

LA GAZETTE DE L’ETAT

sedentary nature of work in the respondent

management. I conclude that the denial of employment

to the petitioner on the ground of continued ill-health

and consequently discharging his service with effect

from 22-11-2011 by the respondent management is

unjustifiable and amounts to acts of continued

victimisation and unfair labour practice and accordingly

I answer Point No.3.

35. In the result, this industrial dispute is allowed and

the respondent management is directed to reinstate the

petitioner with effect from 22-11-2011 with half backwages

and with continuity of service and all other attendant

benefits applicable to him as per Labour Laws.

Dictated to the Stenographer transcribed by

her, corrected and pronounced by me in Open Court

on this the 29th day of January, 2016.

N. SIVAKUMAR,

Presiding Officer,

Labour Court, Puducherry.

————

List of petitioner’s witnesses:

PW.1 — 15-7-2013

— D. Ramesh

List of respondent’s witnesses:

RW.1 — 6-6-2014

— K. Shanmugam

List of petitioner’s exhibits:

Ex.P1 — Copy of the Apprenticeship Order in

Trainer of the Petitioner, dated 8-7-1996.

Ex.P2 — Copy of the ESI Identity Card of

petitioner.

Ex.P3 — Copy of the Labour Court Order in I.D.

No. 59/2001, dated 31-1-2003.

Ex.P4 — Copy of the Hon’ble High Court Order

in WP No. 11476 of 2003, dated 8-2-2011.

Ex.P5 — Copy of the Hon’ble High Court Order

in Writ Appeal WA No. 578 of 2011,

dated 7-4-2011.

Ex.P6 — Copy of the Intimation letter by the

Labour Commissioner and Labour

Officer, Labour Department, dated 5-7-2011.

Ex.P7 — Copy of the Memorandum in Labour

Commissioner, Labour Department,

dated 8-7-2011.

Ex.P8 — Copy of the letter issued by the

respondent

management

to

the

petitioner, dated 25-7-2011.

Ex.P9 — Copy of the Probation Order issued by

the respondent management to the

petitioner, dated 25-7-2011.

Ex.P10— Copy of the notice sent by petitioner

counsel to the respondent management,

dated 26-7-2011.

Ex.P11— Copy of the notice sent by respondent

management to the petitioner counsel,

dated 27-7-2011.

Ex.P12— Copy of the letter sent by respondent

management to the petitioner for medical

checkup, dated 27-7-2011.

Ex.P13— Copy of the medical fitness certificate

issued by PIMS Hospital, dated 28-7-2011.

Ex.P14— Copy of the letter issued by respondent

management to the petitioner with

related to his medical fitness certificate,

dated 1-8-2011.

Ex.P15— Copy of the notice sent by petitioner

counsel to the respondent management,

dated 3-8-2011.

Ex.P16— Copy of the Apprenticeship Order issued by

respondent management to D.Kulanjinathan,

dated 6-8-2011.

Ex.P17— Copy of the letter issued by the

petitioner (self medical report) to the

respondent management, dated 10-8-2011.

Ex.P18— Copy of the medical fitness certificate of

petitioner.

Ex.P19— Copy of the letter issued by the

respondent

management

to

the

petitioner, dated 12-8-2011.

Ex.P20— Copy of the letter issued by the

petitioner

to

the

respondent

management, dated 18-8-2011.

Ex.P21— Copy of the new ESI number issued by

the petitioner, dated 19-8-2011.

Ex.P22— Copy of the letter issued by the

petitioner to the Labour Commissioner,

Labour Department, dated 26-8-2011.

Ex.P23— Copy of the letter issued by the

petitioner to the Labour Commissioner,

Labour Department, dated 14-9-2011.

Ex.P24— Copy of the Intimation letter sent by

Labour Commissioner to the petitioner,

dated 19-9-2011.

Ex.P25— Copy of the letter issued by Pattali

Thozhir Sangam to the Inspector of

Factories, dated 19-9-2011.

Ex.P26— Copy of the letter issued by Inspector

of

Factories

to

the

respondent

management, dated 23-9-2011.

314

LA GAZETTE DE L’ETAT

[3 May 2016

Ex.P27— Copy of the letter issued by respondent

management to the petitioner, dated

24-9-2011.

Ex.P28— Copy of the letter issued by Pattali

Thozhir Sangam to the Inspector of

Factories, dated 29-9-2011.

Ex.P29— Copy of the letter issued by the

petitioner

to

the

respondent

management, dated 3-10-2011.

Ex.P30— Copy of the letter issued by petitioner

to the Inspector of Factories, dated

16-11-2011.

Ex.P31— Copy of the registered postal letter and

acknowledgment card issued by the

petitioner

to

the

respondent

management, dated 17-11-2011.

Ex.P32— Copy of the medical receipt issued by

ESI Hospital to the petitioner, dated

22-11-2011.

Ex.P33— Copy of the medical receipt issued by

ESI Hospital to the petitioner, dated

22-11-2011.

Ex.P34— Copy of the medical receipt issued by

ESI Hospital to the petitioner.

Ex.P35— Copy of the medical receipt issued by

ESI Hospital to the petitioner.

Ex.P36— Copy of the termination order issued by

the respondent management to the

petitioner, dated 22-11-2011.

Ex.P37— Copy of the registered postal letter and

acknowledgment card issued by the

petitioner

to

the

respondent

management, dated 23-11-2011.

Ex.P38— Copy of the registered postal letter and

acknowledgment card issued by the

petitioner

to

the

respondent

management, dated 23-11-2011.

Ex.P39— Copy of the registered postal letter and

acknowledgment card sent by petitioner

to the respondent management, dated

26-11-2011.

Ex.P40— Copy of the registered postal letter sent

by the petitioner to the respondent

management, dated 9-12-2011.

Ex.P41— Copy of the letter issued by the

petitioner to the ESI Officer, dated

29-11-2011.

Ex.P42— Copy of the letter issued by the

petitioner to the Labour Commissioner,

Labour Department, dated 13-12-2011.

Ex.P43— Copy of the letter sent by ESI Officer to

the petitioner, dated 16-12-2011.

Ex.P44— Copy of the letter sent by Inspector of

Factories

to

the

respondent

management, dated 19-12-2011.

Ex.P45— Copy of the letter issued by the

petitioner to the ESI Officer, dated

11-1-2012.

Ex.P46— Copy of the letter sent by ESI Officer to

the respondent management, dated

24-1-2012.

Ex.P47— Copy of the letter issued by the

petitioner to the Labour Commissioner,

Labour Department, dated 16-2-2012.

Ex.P48— Copy of the letter issued by the

petitioner to the Labour Commissioner,

Labour Department, dated 7-8-2012.

Ex.P49— Copy of the letter issued by the

petitioner to the Labour Commissioner,

Labour Department, dated 10-10-2012.

Ex.P50— Copy of the letter issued by the

petitioner to the Labour Commissioner,

Labour Department, dated 13-12-2012.

Ex.P51— Copy of the Hon’ble High Court Order

in WP No. 5290 of 2012, dated

18-12-2012.

Ex.P52— Copy of the letter sent by Labour

Commissioner, Labour Department to the

petitioner, dated 31-1-2013.

Ex.P53— Copy of the petition filed by the

petitioner before the Labour Conciliation

Officer regarding the dispute, dated

4-2-2013.

Ex.P54— Copy

of

the

Failure

Report

in

Conciliation Officer, Labour Department,

dated 13-2-2013.

Ex.P55— Copy of the Govt. Order in Labour

Commissioner, Labour Department,

dated 15-2-2013.

Ex.P56— Copy of the list of names in permanent

labourers (Technical and Non-Technical)

are working in various departments from

the respondent management.

List of respondent’s exhibits:

Ex.R1 — Copy of letter, dated 25-7-2011 from

respondent to petitioner regarding the

reinstatement with 50% of back wages

and other benefits as per the Court

Order ID No. 59/2001, dated 31-1-2003

and High Court Order W.P. No. 11476/

2003, dated 8-2-2011.

Ex.R2 — Copy of letter from respondent to PIMS

Hospital, regarding the Pre-employment

Medical Checkup of the petitioner, dated

27-7-2011.

315

3 May 2016]

LA GAZETTE DE L’ETAT

Ex.R3 — Copy of letter from respondent to

petitioner, regarding the Pre-employment

Medical Checkup in PIMS Hospital,

dated 27-7-2011.

Ex.R4 — Copy of Laboratory report of petitioner

from PIMS Hospital, dated 28-7-2011.

Ex.R5 — Copy of letter from A.G. Padmavati's

Hospital Ltd., to Dr. G. Subbaiah, MBBS,

dated 29-7-2011.

Ex.R6 — Copy of letter from the respondent to the

petitioner, dated 24-9-2011.

Ex.R7 — Copy of reply letter, dated 28-9-2011 from

the petitioner to the respondent for the

letter, dated 24-9-2011.

Ex.R8 — Copy of letter from the respondent to the

petitioner regarding that reply letter,

dated 29-9-2011.

Ex.R9 — Copy of reply letter, dated 3-10-2011

from the petitioner to the respondent

regarding the letter, dated 26-9-2011,

Ex.R10— Copy of Pay Slip of the petitioner for the

period from 27-7-2011 to 31-8-2011, and

wages for the period from 1-9-2011 to

30-9-2011 and wages paid for October

2011 (30 days).

Ex.R11— Copy of letter from respondent to the

petitioner, dated 22-11-2011.

N. SIVAKUMAR,

Presiding Officer,

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

DIRECTORATE OF SCHOOL EDUCATION

No. 536-540/DSE/EC/C/2016.

Puducherry, the 25th April 2016.

NOTIFICATION

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

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

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

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

Sl.

Name of the

Register No.,

Sl. No. of the

School in which studied last

No.

applicant

session and

mark

year

certificate

(1)

(2)

(3)

(4)

(5)

Thiru/Tmt./Selvi :

1

Deepan, R.

526860, March 2009

G 455581

Chevalier Sellane Government Higher

Secondary School, Kalapet, Puducherry.

2

Kamarudeen, S.

576634, March 2011

5982874

V.O.C. Government Higher Secondary

School, Puducherry.

3

Revathy, P.

723277, March 2000

35041

Sri NKC Government Girls’ Higher

Secondary School, Kurusukuppam

Puducherry.

4

Senthil Kumar, N.

761593, March 2001

1744381

V.O.C. Government Higher Secondary

School, Puducherry.

5

Priyadharshini, V.

542733, March 2013

7986130

Immaculate Heart of Mary’s Girls’ Higher

Secondary School, Puducherry.

J. KRISHNARAJU,

Joint Director.