BEFORE THE LOK ADALAT AT PUDUCHERRY Organised by Thiru C.V. Karthikeyan, i/c, Chief Judge, Member-Secretary, Union territory of Puducherry Legal Services Authority (State Authority), Puducherry, under section 19 of the Legal Services Authorities Act (Act 39 of 1987).
QUORUM
. . Judge Thiru N. Sivakumar, Presiding Officer, Industrial Tribunal-cum-Labour Court, Puducherry.
Thiru R. Krishnamurthy, Advocate, . . Member Puducherry.
Thiru P. Kulothungan, Advocate, . . Member Puducherry.
LOK ADALAT CASE No. 7090/2016 in I.D. (L) No. 71/2012
(On the file of the Industrial Tribunal-cum- Labour Court, Puducherry)
Saturday, the 9th day of April 2016 P. Srinivasan, S/o. Pakkirisamy, No. 15, Kanni Kovil Street, Sellur, Thirunallar, Karaikal.
. . Petitioner
Versus
The Employer, M/s. Godrej House Hold Products Limited, Sethur Village, Thirunallar, Karaikal.
. . Respondent This industrial dispute coming on this day, before us in the presence of the petitioner and his/her representative Thiru N. Ramar and the respondent management and its Counsel M/s. Law Solvers, both the petitioner and the respondent management having agreed to settle the matter and thereby, the case being settled and an Award is passed accordingly:
Taken cognizance under section 20 (2) of the Legal Services Authorities Act (Act 39/87) 1. I.D.(L) No .71/2012 on the file of Industrial Tribunal-cum-Labour Court was filed by the petitioner to direct the respondent management to provide the employment to the petitioner with full backwages, continuity of service and all other attendant benefits and for costs.
2. We are satisfied that the settlement is arrived by both out of their free will and volition.
3. This case is referred to the Lok Adalat, organised by the State Legal Services Authority under section 19 of the Legal Services Authorities Act (Act 39/87) and after full and frank discussion of all issues, an Award is passed as follows:
AWARD
1. It is ordered and decreed:
(i) That the industrial dispute (L) No. 71/2012 be and the same is hereby closed.
(ii) Both the petitioner and the respondent compromised the matter and mutually arrived at a settlement before the National Lok Adalat in terms of the settlement entered into between the parties, this claims petition is dimissed.
2. That this Award of the Lok Adalat shall be deemed to be a Decree of the Civil Court as per section 21 of the Legal Services Authorities Act, 1987.
D a t e d a t P u d u c h e r r y, o n t h i s t h e 9 t h d a y o f April, 2016.
N. SIVAKUMAR Judge Presiding Officer, Industrial Tribunal-cum- Labour Court, Puducherry.
R. KRISHNAMURTHY P. KULOTHUNGAN Advocate, Member Advocate, Member GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT
(G.O. Rt. No. 49/AIL/Lab./T/2016, dated 6th June 2016) NOTIFICATION
Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Shree Mother Plast India Private Limited, Puducherry and Thiru A.P. Harry, over non-employment arising out his retirement on 27-4-2013 on attaining the age of 58 years and to permit him to retire from service on 27-4-2015 on attaining the age of 60 years with all benefits;
And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;
476 LA GAZETTE DE L'ETAT [28 June 2016Now, therefore, by virtue of the authority delegated vide G.O. Ms. No. 20/91/Lab./L, dated 23-5-1991 of the Labour Department, Puducherry to exercise the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), it is hereby directed by the Secretary to Government (Labour) that the said dispute be referred to the Labour Court, Puducherry for adjudication. The Labour Court, Puducherry shall submit the Award within 3 months from the d ate o f i ssue o f r efer e nce a s st ip ul at ed u nd er sub-section (2-A) of section 10 of the Industrial Disputes Act, 1947 and in accordance with r ul e 1 0 -B o f t h e I n d u s t r i a l D i s p u t e s ( C e n t r a l ) Rules, 1957. The party raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses to the Labour Court, Puducherry within 15 days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.
ANNEXURE
(a) Whether the dispute raised by Thiru A.P. Harry against the management of M/s. Shree Mother Plast India Private Limited, Puducherry over non-employment arising out his retirement on 27-4-2013 on attaining the age of 58 years and to permit him to retire from service on 27-4-2015 on attaining the age of 60 years with all benefits is justified or not? If justified, what relief the petitioner is entitled to?
(b) To compute the relief, if any, awarded in terms of money, if it can be so computed?
(By order)
E. VALLAVAN, Commissioner of Labour-cum- Additional Secretary to Government (Labour).
————
GOVERNMENT OF PUDUCHERRY And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;
Now, therefore, by virtue of the authority delegated vide G.O. Ms. No. 20/91/Lab./L, dated 23-5-1991 of the Labour Department, Puducherry to exercise the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), it is hereby directed by the Secretary to Government (Labour) that the said dispute be referred to the Industrial Tribunal, Puducherry for adjudication. The Industrial Tribunal, Puducherry shall submit the Award within 3 months from the date of issue of reference as stipulated under sub-section (2-A) of section 10 of the Industrial Disputes Act, 1947 and in accordance with rule 10-B of the Industrial Disputes (Central) Rules, 1957. The party raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses to the Industrial Tribunal, Puducherry within 15 days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.
ANNEXURE
(a) Whether the dispute raised by the 23 Security Workers listed in Annexure-I, against the management of M/s. Arupadai Veedu Medical College and Hospital, Kirumambakkam, Puducherry and M/s. Maxwell Outsourcing Services, Chennai over full and final settlement is justified, or not? If justified, what relief the workmen are entitled to and from whom?
(b) To compute the relief, if any, awarded in terms of money, if it can be so computed?
ANNEXURE-I
Sl. No. Names
(1) (2)
1 D. Balasubramani
LABOUR DEPARTMENT
2 A. Elumalai
(G. O. Rt. No. 51/AIL/Lab./T/2016, dated 6th June 2016) 3 K. Dhandapani
NOTIFICATION
4 P. Manoharan
5 R. Ambika
6 V. Gopala Krishnan
7 R. Ramadoss
8 N. Pandurangan
Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Arupadai Veedu Medical College and Hospital, Kirumambakkam, Puducherry and M/s. Maxwell Outsourcing Services, Chennai and 23 Security Workers listed in Annexure-I, over full and final settlement;
9 P. Krishnamoorthy
28 June 2016] LA GAZETTE DE L'ETAT 477(1) (2)
10 A. Shanmugam
11 K. Subramani
12 N. Ashokkumar
13 R. Kaliyaperumal
14 D. Suppurayalu
15 M. Velmurugan
16 V. Venu
17 S. Elumalai
18 T. Muthu
19 R. Dhanabal
20 S. Palanivel
21 R. Ramesh
22 M. Muthulingam
23 E. Arumugam
E. VALLAVAN,
Commissioner of Labour-cum- Additional Secretary to Government (Labour).
————
GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT
(G.O. Rt. No. 52/AIL/Lab./T/2016, dated 6th June 2016)
NOTIFICATION
Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. S & S Power Switchgear Equipment Limited, P u d u c h e r r y a n d T h i r u E . P o o n g a v a n a m , o v e r non-employment;
And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;
Now, therefore, by virtue of the authority delegated vide G.O.Ms. No. 20/91/Lab./L, dated 23-5-1991 of the Labour Department, Puducherry to exercise the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), it is hereby directed by Secretary to Government (Labour) that the said dispute be referred to the Labour Court, Puducherry for adjudication. The Labour Court, Puducherry shall submit the Award within 3 months from th e d a t e of issue of reference as stipulated under sub-section (2-A) of section 10 of the Industrial Disputes Act, 1947 and in accordance with rule 10-B of the Industrial Disputes (Central) Rules, 1957. The party raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses to the Labour Court, Puducherry within 15 days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.
ANNEXURE
( a ) W h e t h e r t h e d isp ute r aised b y Thiru E. Poongavanam against the management of M/s. S & S Power Switchgear Equipment Limited, Puducherry, over his non-employment is justified or not? If justified, what relief the petitioner is entitled to?
(b) To compute the relief, if any, awarded in terms of money, if it can be so computed .
E. VALLAVAN, Commissioner of Labour-cum- Additional Secretary to Government (Labour).
————
GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT
(G.O. Rt. No. 53/Lab./AIL/G/2016, dated 9th June 2016) NOTIFICATION
Whereas, the Lieutenant-Governor, Puducherry has b y notificatio n vid e G.O. Ms. No . 9/9 5/Lab ., d ated 7-4-1995 under sub-section (1) of section 52 of the Puducherry Shops and Establishments Act, 1964 authorised the Secretary to Government, Labour Department, Puducherry to exercise the powers of the Government under section 6 of the said Act relating to exemption;
And whereas, M/s. Thillai's Food Park, No. 161, Church Street, Karaikal has applied for grant of exemption from section 14(1) of the said Act to run the shop on weekly holidays since, the shop is dealing with highly perishable items in addition to the other products catering to the daily needs of the public;
Now, therefore, considering the reasons stated, the Secretary to Government, Labour Department in exercise of the powers conferred by section 6 of the said Act, hereby exempts M/s. Thillai's Food Park, No. 161, C hu r ch S tr e et , K a r a i ka l fr o m t he p r o vi s i o n s o f section 14 (1) of the Puducherry Shops and Establishments Act, 1964 for a period of one year from the date of issue of this notification subject to the following conditions:-
478 LA GAZETTE DE L'ETAT [28 June 20161. Every employee employed in the shop should be allowed a weekly holiday with wages without fail on a staggered weekly off basis.
2. No employee should be allowed to work continuously for 7 days in a week.
3. The employer, on any account, should not seek the service of an employee on his weekly off day.
4. The employer should display all the notices and required documents should be shown to the Inspectors during inspection.
5. In the event of any complaints regarding the weekly holiday the above exemption will be cancelled.
(By order)
E. VALLAVAN, Commissioner of Labour-cum- Additional Secretary to Government (Labour).
————
GOVERNMENT OF PUDUCHERRY HEALTH SECRETARIAT
(G.O. Ms. No. 28, dated 14th June 2016) NOTIFICATION
The resignation tend ered by Dr. M. Nirmal @ Shanmugasundaram, Specialist Grade-II (JS) in ENT, Indir a Gandhi Government Gener al Hosp ital and Po stgr aduate I nstitute, Puducherry is accepted with effect from the afternoon of 13-6-2016.
GOVERNMENT OF PUDUCHERRY CHIEF SECRETARIAT (WORKS) (G.O. Ms. No. 23, dated 15th June 2016)
NOTIFICATION
O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n , Thiru M. Karthikeyan, Assistant Engineer, Circle - II, Public Works Department, Puducherry is admitted into retirement with effect from the afternoon of 30-6-2016.
(By order)
V. THENRALI,
Deputy Secretary to Government (Works).
————
GOVERNMENT OF PUDUCHERRY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (PERSONNEL WING) (G.O. Ms. No. 67, dated 15th June 2016)
NOTIFICATION
On attaining the age of sup erannuatio n, the following Pondicherry Civil Service (Selection Grade)/ (Entry Grade) Officers shall retire from service with effect from the afternoon of 30-6-2016.
Sl. Name and Designation
(By order of the Lieutenant-Governor)
V. JEEVA, Under Secretary to Government (Health).
————
GOVERNMENT OF PUDUCHERRY CHIEF SECRETARIAT (WORKS) (G.O. Ms. No. 22, dated 15th June 2016)
NOTIFICATION
O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n , Thiru R. Dharmu, Assistant Engineer, Buildings and Roads Division, Public Works Department, Karaikal is admitted into retirement with effect from the afternoon of 30-6-2016.
(By order)
V. THENRALI, Deputy Secretary to Government (Works).
No.
(1)
(2)
1 Thiru S. Mohandoss, Secretary,
Legislative Assembly Secretariat, Puducherry.
2 Thiru Lanka Rama Rao, Commissioner,
Yanam Municipality, Yanam.
3 Tmt. T. Valarmati, Under Secretary to Government, (Animal Husbandry and Animal Welfare/Fisheries), Chief Secretariat, Puducherry.
(By order)
M. KANNAN,
Under Secretary to Government.
28 June 2016] LA GAZETTE DE L'ETAT 479GOVERNMENT OF PUDUCHERRY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (PERSONNEL WING) [G.O. Ms. No. 69/DP&AR/SS.II(1), dated 21st June 2016]
NOTIFICATION
On attaining the age of superannuation, the following Superintendents shall retire from service with effect from the afternoon of 30-6-2016.
Sl. Name of the Superintendent
No. and Department/Office
(1)
(2)
Thiru/Tmt.
1 G. Ramakrishnan, Superintendent,
Chief Secretariat, Puducherry.
2 N. Ravivarma, Superintendent,
Chief Secretariat, Puducherry.
(1)
(2)
Thiru/Tmt.
3 K. Padmini, Superintendent,
Directorate of Higher and Technical Education, Puducherry.
4 G. Vanidamany, Superintendent,
Directorate of Agriculture, Puducherry.
5 G. Kamala, Superintendent,
Office of the Executive Engineer-IV, Electricity Department, Puducherry.
6 A. Lakshmi, Superintendent,
Local Administration Department, Puducherry.
7 R. Vijayalakshmi, Superintendent,
Office of the Deputy Director of Accounts and Treasuries, Karaikal.
(By order)
M. KANNAN, Under Secretary to Government (DP&AR).
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