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LA GAZETTE DE L’ETAT

[4 April 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 27/Lab./AIL/T/2017,

Puducherry, dated 15th March 2017)

NOTIFICATION

Whereas, the Award in I. D.(T) No. 11/2014, dated,

7-2-2017 of the Industrial Tribunal-Cum-Labour

Court, Puducherry in respect of the industrial dispute

between Larsen & Toubro Employees Union,

Puducherry against the management of Larsen &

Toubro Limited, Mailam Road, Sedarapet, Puducherry

over charter of demands 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 23-5-91, it is hereby

directed by Secretary to Government (Labour) that the

said Award shall be published in the Official Gazette,

Puducherry.

(By order)

R.DJEACOUMAR,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

Present :Thiru G. THANENDRAN, B.COM., M.L.,

Presiding Officer.

Tuesday, the 7th day of February 2017.

I.D. (T) No. 11/2014

The President, Larsen & Toubro

Employees Union,

Puducherry.

. . Petitioner

Versus

The Managing Director,

Larsen & Toubro Limited,

Puducherry.

. . Respondent

This industrial dispute coming on 18-1-2017 for

final hearing before me in the presence of Thiru Durai

Arumugam,

Counsel

for

the

petitioner

and

Thiruvalargal M. Vaikunth, R. Vikneshraj and

R. Elamparudhi, Counsel for the respondent on record

and subsequently, when the case was posted for

petitioner side evidence, the respondent being called

absent and set-ex parte, upon hearing the petitioner and

perusing the case records, after having stood over for

consideration till this day, this Court passed the

following:

AWARD

1. This industrial dispute arises out of the reference

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

Rt. No.100/AIL/LAB/J/2014, dated 18-6-2014 of the

Labour Department, Puducherry to resolve the

following dispute between the petitioner and the

respondent, viz.,

(i) Whether the industrial dispute raised by the

Larsen & Toubro Employees Union against the

management of M/s. Larsen & Toubro Limited,

Mailam Road, Sedarapet, Puducherry over charter

of demands such as showing discrimination in

granting annual increment to the junior most

workers attaining grade change earlier than the

senior workers and non inclusion of statutory

holidays for granting the annual increment, grade

change, bonus, OTLS, etc., are justified ? If justified,

what relief they are entitled to ?

(ii) To compute the relief if any, awarded in

terms of money if, it can be so computed ?

2. The facts giving rise to this industrial dispute as

stood exposited from the claim petition runs thus:-

The

petitioner

stated

that

the

respondent

establishment is the Multi National Corporation

involved in production of construction materials at

about 70 places in all over India and about 25,000

employees are working in the respondent establishment

and that the respondent management is one of its

branches, running at Puducherry for the past many

years and involved in production of tower rods and

about 100 number of regular employees and thousand

number of contract employees are working in the

respondent management and that since the respondent

management is adopting different yard stick/grade

system in providing salary/wages to its employees, the

junior most employees are getting more increment than

senior most workers and therefore, misdeed arises to

its members and that the respondent management

should not treat the employees in equal manner and

that the respondent management on par with the

fixation of Scale of Pay to the employees and that

there is uncertainty in amend of grade and

insufficiency in calculation of continuity of service

and hence, the petitioner union prays before this Court

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4 April 2017]

LA GAZETTE DE L’ETAT

to direct the respondent to take down the continuity

of service, statutory holidays, cessation of work while

calculation of continuity of service.

3. Per contra, traversing the averments the claim

statement, the respondent filed the counter with the

averments which runs thus:

The respondent denied all the allegations contained

in the claim statement of the petitioner and stated that

petitioner has no “locus standi” to question the grade

system followed by the respondent management in

granting salary/wages to its employees because the

petitioner entered into 12(3) settlement with

respondent management for fixing salary/wages to its

members and the settlements was strictly obeyed by

the respondent management and providing salary/

wages, what it has been agreed in 12(3) settlement by

both parties, every month to its employees/workers not

even deducting any single pie from 12(3) settlement

and that in order to motivate the employees/workers,

who are giving more productivity, the respondent

management following performance appraisal system

and providing salary/wages in addition to salary/wages

fixed/agreed in 12(3) settlement by evaluating their

performance during relevant period and that the

respondent management treat the workers/employees

in a equal manner and that there is no discrimation and

arbitrariness in providing salary/wages as alleged by

the petitioner and hence, there is no violation of

Articles 14 and 15 of the Constitution of India and

there is no violation of the Doctrine of Equal pay for

equal work and that how the continuity of service of

the employees/workers would be calculated is set out

in 12(3) settlement and prays this Court to dismiss the

petition.

4. Despite of opportunity given for the respondent

for cross examination of PW.1, the respondent called

absent and no representation for respondent and he was

set ex parte.

5. On the side of the petitioner, the petitioner was

examined himself as PW.1 and Ex.P1 to Ex.P3 were

marked.

6. The point for determination is:

Whether the petition can be allowed or not ?

7. Heard. It is the evidence of the petitioner that the

respondent management has not treated the employees

in equal manner and that the respondent management

on par with the fixation of Scale of Pay to the

employees and that the respondent management

showing discrimination in granting annual increment to

the junior most workers attaining grade change earlier

than the senior workers and non inclusion of statutory

holidays for granting the annual increment, grade

change, bonus, OTLS, etc., In support of his evidence,

he has exhibited copy of the letter sent by the union

to the Labour Officer (Conciliation), Puducherry and

the respondent as Ex.P1, Copy of the failure report

submitted by the Labour Officer (Conciliation),

Puducherry as Ex.P2 and copy of the list of disparity

Basic Pay as Ex.P3.

8. On the other hand, though the respondent filed

counter, he does not appear before this Court and

subsequently, due to his absence, the respondent was

set ex parte. The petitioner appeared before this Court

and he was examined as PW.1 and marked Ex.P1 to

Ex.P3. This Court carefully considered the evidence

of PW.1 and the exhibits marked through him. On

perusal of Ex.P2, failure report submitted by the

Labour Officer (Conciliation), Puducherry which

discloses that this dispute has been referred to this

Court to decide over the charter of demands showing

discrimination in granting annual increment to the

junior most workers attaining grade change earlier than

the senior workers and non inclusion of statutory

holidays for granting the annual increment, grade

change, bonus, OTLS, etc., are justified or not and to

compute the relief in terms of money and Ex.P3-list

of disparity Basic Pay which discloses that there is

some variation in the Basic Pay and some of the grade

IV employees get more than the Grade III employees

and that these evidences and documents would go to

show that there is discrimination in granting annual

increment to the workers and attaining grade change

earlier than the senior workers and non-inclusion of

statutory holidays for granting the annual increments,

grade change, bonus, OTLS and that therefore, the

petitioner is entitled for the order as prayed for.

9. In the result, the petition is allowed and the

respondent is directed to granting annual increment

without any discrimination to the employees and also

directed to include statutory holidays for granting the

annual increments, grade change, bonus and OTLS.

Dictated to Stenographer, transcribed by her,

corrected and pronounced by me in the open Court

on this the 07th day of February, 2017.

G. THANENDRAN,

Presiding Officer, Industrial Tribunal,

Puducherry.

264

LA GAZETTE DE L’ETAT

[4 April 2017

List of

petitioner’s witness:

PW.1 — 18-1-2017 — Kolanjinathan

List of petitioner’s exhibits:

Ex.P1 — Copy of the letter sent by the union

to the Labour Officer (Conciliation),

Puducherry and the respondent,

dated 2-12-2011.

Ex.P2 — Copy of the failure report submitted

by the Labour Officer (Conciliation),

Puducherry, dated, 18-6-2014.

Ex.P3 — Copy of the list of disparity Basic

Pay.

List of

respondent’s witnesses: Nil

List of petitioner’s exhibits: Nil

G. THANENDRAN,

Presiding Officer, Industrial Tribunal,

Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 28/Lab./AIL/T/2017,

Puducherry, dated 15th March 2017)

NOTIFICATION

Whereas, the Award in I.D(L).No.29/2013, dated

27-1-2017 of the Labour Court, Puducherry in respect

of the industrial dispute between the Managing

Director, Easun-MR Tap Changers (P) Limited

Puducherry and its workman Thiru D. Rajasekar,

Puducherry 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 23-5-91, it is hereby

directed by Secretary to Government (Labour) that the

said Award shall be published in the Official Gazette,

Puducherry.

(By order)

R. DJEACOUMAR,

Under Secretary to Government (Labour).

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

Present :Thiru G. THANENDRAN, B.COM., M.L.,

Presiding Officer,

Friday, the 27th day of January, 2017

I.D. (L) No. 29/2013

D. Rajasekar

. . Petitioner

Versus

The Managing Director,

M/s. Easun-MR Tap Changers (P) Limited

Puducherry.

. . Respondent.

This industrial dispute coming on 25-1-2017

for final hearing before me in the presence of

Thiru S. Venkatapathy, Counsel for the petitioner

and Tvl. P. Balamurali and C. Chandramohan, Counsels

for the respondent on record, when the case is posted

for cross examination of WW.1, the respondent being

called absent and set ex parte, upon hearing the

petitioner and perusing the case records, after having

stood over for consideration till this day, this Court

passed the following:

AWARD

1. This industrial dispute has been referred as per

the G.O. Rt. No. 82/AIL/Lab./J/2013, dated 29-5-2013

for adjudicating the following:-

(i) Whether the dispute raised by the petitioner

Thiru D. Rajasekar against the management of

M/s. Easun-MR Tap Changers (P) Limited, over his

non-employment is justified or not ? If not justified,

what relief he is entitled ?

(ii) To compute the relief if any, awarded in

terms of money if, it can be so computed ?

2. The facts giving rise to this industrial dispute as

stood exposited from the claim petition runs thus:-

The petitioner stated that he did Diploma in

Electrical and Electronics Engineering and joined the

service of the respondent company i.e., M/s. Easun-

MR Tap Changers (P) Limited as an employee in

Quality Control Department on 17-6-2009 and he was

not issued any orders towards his employment by the

respondent management but, he was serving his service

without any leave or remarks for the period of 3 years

and six months right from the beginning of his

employment at the service of the respondent

management and the petitioner was working in the

respondent management till, dated 31-10-2012, while

being so, the respondent management stopped the

petitioner from the service/employment on the ground

265

4 April 2017]

LA GAZETTE DE L’ETAT

of service break for the period of 3 months in the year

2011 because of to resist the completion of the

continuous service and also assured that the

respondent management would reinstate the petitioner

after the said break period of 3 months and after the

said break of three months, the petitioner had again

joined with his employment at the respondent

management and the management in order to avert the

petitioner's continuous service again gave a service

break for a period of 15 days on 31-10-2012 and the

same has been intimated to him at about 6.30 p.m.,

while he was working in the company on the aforesaid

date and when the petitioner sought the reason for

granting leave, the manager of the company Thiru

Gurusankar had replied that due to lack of orders, the

management is in a position to retrench some of the

workers and he was also asked to find a new job by the

management.

The petitioner further stated that he was granted ESI

Card by the respondent management and he was

contributing ESI and PF and he was working directly

under the control of the respondent management and

he had been serving the respondent management at the

utmost satisfaction of the respondent management and

there is no remarks at all against the petitioner so far

and he was recruited by the respondent management

directly and further, the respondent had exercised full

control over the petitioner and the attendance register

was maintained by the respondent management and the

petitioner had worked not less than 25 days every

month and the petitioner had worked even on all

Sundays in a month and had done overtime work

monthly 15 days.

The petitioner further stated that during the

conciliation proceedings the respondent management

has alleged that the petitioner was working under their

contractors M/s. Servocraft HR solutions (P) Limited

and engaged for supporting services during the period

from June, 2010 to September, 2012 and further, the

management belied that the petitioner had been

irregular to duty, frequent absenteeism in spite of

verbal warnings given to him and owing to the same he

was sacked but, the management later in the

conciliation proceedings reported that they are ready

to provide employment in Chennai as there is no

vacancy in Pondicherry and the management has taken

different stand at the inspection and later they resiled

from their earlier stands and all these thing shows that

the management has indulged in an unfair labour

practice as against the petitioner and there is no

contractor like Servocraft HR solutions working in the

respondent management.

The petitioner further stated that he have been

offered employment by the respondent management

directly as a regular employee after undergoing a

thorough process of selection and interview and he was

serving at the respondent management from 17-6-2009

to 31-10-2012 without any blemish or remarks at all

and he was serving at the utmost satisfaction of the

respondent management as a regular employee but, in

order to escape from the continuity of service the

respondent management purposely issued break for the

period of 15 days on 31-10-2012 and that the

petitioner had served more than 240 days in a year in

the 3 1/2 years and though without any justice or

reasons, the respondent management sue moto and

blindly terminated the petitioner from the service

which is absolutely against the labour laws as well as

natural justice and therefore, the said alleged

impugned order of the respondent managements

against and violation of sec.25-F of Industrial Disputes

Act, 1947.

The petitioner further stated that the petitioner had

also approached before the Labour Officer-Conciliation

at Puducherry on 24-12-2012 but, within the period

45 days there is no amicable settlement arrived and

therefore, as per the Amended Act, the petitioner is

constrained to file this petition before this Court for

adjudication and prays before this Court to pass an

order for directing the respondent management to

reinstate the petitioner with full back wages, continuity

of service and all other attendance benefits.

3. Per contra, traversing the averments the claim

statement, the respondent filed the counter with the

averments which runs thus:

The respondent denied all the allegations contained

in the claim statement of the petitioner and stated that

while the case was in the stage of conciliation it was

found that the petitioner was working with one

M/s. Servoraft HR solutions (P) Limited RF 4 Galilei

Sqauare: No.27/11. Lakshmi Street, Alagappa Nagar,

Kilpauk, Chennai-10 (Regd. Office), a licenced contractor

working for the respondent and the respondent had any

sort of nexus with the petitioner directly and there is

no master and servant relationship in between the

respondent and the petitioner at any point of time and

that the petitioner may arise his claim with his

Employer namely M/s. Servoraft HR solutions (P)

Limited and the petitioner claim with the respondent

is not at all maintainable and the respondent is not the

proper party either in law or on facts and the

petitioner suppressed

facts and

the petitioner

employed through the contractor namely M/s. Servoraft

HR solutions (P) Limited and there was no relationship

of employer and employee with the workers employed

266

LA GAZETTE DE L’ETAT

[4 April 2017

through contractor and the petitioner being on them,

there was no question of termination of his services

and the petitioner has failed to produce any document

to establish the relationship of master and servant, and

the burden of proof of the same with the petitioner and

the petitioner was employed as Office Assistant in

loading work in the quality control Department, the

work of loading and unloading was also being carried

out by the contractor and the petitioner was employed

through contractor for loading and unloading of

materials was being done by the petitioner in the

respondent establishment was enstrusted to the

petitioner through contractor and the petitioner has

received the salary from the contractor and the labour

supplied by the contractor will work under directions,

supervision and control of the respondent but would

not make the petitioner a direct employee of the

respondent, if, the salary is paid by a contractor against

the attendance maintained by the contractor, if, the

right to regulate the employment is with the contractor

and the ultimate supervision and control with the

contractor and the petitioner has not eligible to claim

anything from the respondent and that the attendance

register of the petitioner maintained by the contractor,

the work which was being done by the petitioner in the

respondent establishment was carried out through

contractor engaged by the establishment and that the

petitioner mere sent an application for claim without

produce any documents in supporting of his claim and

the petitioner was employed through contractor and not

in direct employee of the respondent establishment

and that the petitioner has not come with clean hand

and the claim of the petitioner against the respondent

is liable to dismiss and the name of the contractor who

was engaged by the respondent is the employer and

prays this Court to dismiss the petition.

4. On cross examination of WW.1, the respondent

called absent and no representation was given on behalf

of respondent, hence, set ex parte.

5. On the side of the petitioner, the petitioner

examined himself as WW.1 and marked Ex.W1 to

Ex.W5.

6. The point for determination is:

Whether the petition can be allowed or not ?

7. Heard. It is the evidence of the petitioner that he

joined service in the respondent company on

17-6-2009 as an employes in Quality Control

Department and was working there for the period of

three years and six months without any remarks from

17-6-2009 to till date 31-10-2012. Without giving

any notice, the respondent management stopped him

from service and asked him to go on leave for 3

months in the year 2011 and after the said break of

three months, he had again joined with his employment

at the respondent management and in order to avert his

continuous service, the respondent management again

gave him a service break of 15 days on 31-10-2012 and

that he has got ESI Card and was contributing ESI and

PF and he was working directly under the control of

the management and had been in service to the utmost

satisfaction of the respondent management and there is

no remarks at all against him and that he was recruited

by the respondent management directly and that they

had exercised full control over him and that attendance

register was maintained by the respondent management

and to escape from the continuity of service, the

respondent management purposely issued break and

that he served more than 240 days in year in the 3 1/2

years with continuous employment and that therefore

the respondent management sue motto and blindly

terminated him from the service against the labour laws

and as well as natural justice.

8. In support of his evidence he has exhibited copy

of the letter submitted by the petitioner to the Labour

Officer (Conciliation), Puducherry dated 24-12-2012

as Ex.Wl copy of the Notice of Enquiry, dated 28-1-

2013 as Ex.W2, copy of the Notice of Enquiry,

dated 13-2-2013 as Ex.W3, copy of the report given by

Labour Officer to the Secretary to Government

(Labour), Puducherry as Ex.W4 and copy of failure

report submitted by the Labour officer (Conciliation)

to the Secretary to Government (Labour), Puducherry

as Ex.W5. These documents would go to show that the

petitioner has served in the respondent management

under the control of the respondent and the respondent

has paid the salary to him and he was under the direct

control of the respondent. On the other hand, though

the respondent has filed the agitation stating that the

petitioner was working with one M/s. Servoraft HR

solutions (P) Limited RF 4 Galilei Square, No.27/11,

Lakshmi Street, Alagappa Nagar, Kilpauk, Chennai-10

(Regd. Office), a licensed contractor working for the

respondent and that the respondent had any sort of

nexus with the petitioner directly and that there is no

Master and Servant relationship in between the

respondent and the petitioner at any point of time.

However, the respondent has not let in any evidence or

produced any document to show that M/s. Servoraft

HR solutions (P) Limited is the employer of the

petitioner.

267

4 April 2017]

LA GAZETTE DE L’ETAT

9. Hence, from the oral and documentary evidence

of the petitioner, it is clearly established by the

petitioner that he was working with the respondent

management for the period from in 17-6-2009 to

31-10-2012 with continuity of service and he was

terminated without any proper notice under the 25F of

the Industrial Disputes Act for retrenchment of the

workmen. Without adopting any procedure, orally

instructed the petitioner to stop his work and as such

it can be held that the termination of the petitioner by

the respondent is invalid and illegal and the same is

liable to be set aside. As this Court has already held

that the termination of the petitioner is invalid and

illegal and the same is liable to be set aside, it is to be

seen that whether the petitioner is entitled for the

relief of reinstatement with continuity of service and

back wages. The petitioner was found as workman and

his work is an essential and therefore, the petitioner

has to be given reinstatement. Hence, it can be held

that the petitioner is entitled for an order of

reinstatement with continuity of service.

10. In this case nothing is pleaded by the

petitioners/claimants that they have not joined or

worked in any other establishment or they did not have

any income for their survival and that therefore,

petitioner is not entitled for full back wages. However

considering the facts and circumstances of the case,

this Court finds that the petitioner was illegally

terminated from his service by the respondent all of a

sudden without giving any notice and hence he has

approached before the Labour Conciliation Officer and

subsequently before this Court for challenging the

termination by the respondent. On the other hand, the

respondent has not proved that the petitioner has

earned income after his termination from service. In

the above circumstances, this Court does not find any

reasonable cause to grant full back wages to the

petitioner and consequently, considering the other

circumstances in this case, this Court is inclined to

grant partial back wages of 30% to the petitioner till

his reinstatement. Accordingly, this point is answered.

11. In the result, the petition is partly allowed and

the petitioner is entitled for the reinstatement with

continuity of service and 30% of back wages till his

reinstatement.

Dictated to Stenographer, transcribed by her,

corrected and pronounced by me in the Open Court on

this the 27th day of January, 2017.

G. THANENDRAN,

Presiding Officer, Industrial Tribunal,

Puducherry.

List of petitioners witness:

P.W.1—5-2-2016- D. Rajasekar

List of petitioner’s exhibits:

Ex.W1— Copy of the letter submitted by the

petitioner to

the

Labour Officer

(Conciliation),

Puducherry,

dated

24-12-2012.

Ex.W2—Copy of the Notice of Enquiry, dated

28-1-2013

Ex.W3—Copy of the Notice of Enquiry, dated

13-2-2013

Ex.W4—Copy of the report given by Labour

Officer to the Secretary to Government

(Labour), Puducherry.

Ex.W5—Copy of the failure report submitted by

the Labour Officer (Conciliation) to the

Secretary to Government (Labour),

Puducherry, dated 29-5-2013.

List of respondent’s witnesses: Nil

List of respomndent’s exhibits : Nil

G. THANENDRAN,

Presiding Officer, Industrial Tribunal,

Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 29/Lab./AIL/T/2017,

Puducherry, dated

15th March 2017)

NOTIFICATION

Whereas, the Award in I.D.(L)No.28/2015, dated

30-1-2017 of the Labour Court, Puducherry in respect

of the industrial dispute between Thiru N. Narayanasamy,

Puducherry against the management of M/s. Poorvika

Mobile World, Puducherry over non-employment has

been received;

Now, therefore, in exercise of the powers conferred

by sub-section (1) of section 17 of the Industrial

Disputes Act, 1947 (Central Act XIV of 1947), read

with the notification issued in Labour Department’s

G.O. Ms. No. 20/91/Lab./L, dated 23-5-1991, it is

hereby directed by Secretary to Government (Labour),

that the said Award shall be published in the Official

Gazette, Puducherry.

(By order)

R. DJEACOUMAR,

Under Secretary to Government (Labour).

268

LA GAZETTE DE L’ETAT

[4 April 2017

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

Present :Thiru G. THENDRAN, B.COM., M.L.,

Presiding Officer,

Monday, the 30th day of January 2017

I.D. (L) No. 28/2015

Narayanasamy,

. . Petitioner

S/o. Nagappan

Versus

Poorvika Mobiles World Limited,

Puducherry.

. . Respondent.

This industrial dispute coming on 12-1-2017 for

final h e a r i n g b e f o r e m e i n t h e p r e s e n c e o f

Thiru L. Rajendiran, Counsel for the petitioner

and Thiru K. Kodeeswaran, Counsel for the respondent

on record and subsequently, the respondent being

called absent and set ex parte, upon hearing the

petitioner and perusing the case records, after having

stood over for consideration till this day, this Court

passed the following:

AWARD

1. This industrial dispute has been referred as per

the G.O. Rt. No. 52/ AIL/Lab./J /2015, dated 18-6-2015

for adjudicating the following:-

(i) Whether the dispute raised Thiru N. Narayanasamy

against the management of M/s. Poorvika Mobile,

World, Puducherry over his non-employment is

justified ? If justified, what relief he is entitled to ?

(ii) Whether the claim of the petitioner for

the reimbursement of medical expenses incurred by

him for his treatment at PIMS, since he met with

an accident during the course of employment and

his claim of disablement compensation as per the

Act, justified ? If justified, what relief he is entitled

to ?

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

terms of money if, it can be so computed?

2. The facts giving rise to this industrial dispute as

stood exposited from the claim petition runs thus:-

The petitioner stated that he was working under the

respondent management i.e., Poorvika Mobiles World

Limited, at No. 181, Anna Salai, Puducherry from

24-7-2010 and as per instruction of the respondent

management, the petitioner and along with his another

employee attended the advertisement work at

Marakanam and after completing the work, while

returning to Puducherry at Anumanthai the petitioner

met with a road traffic accident during the course of

employment on 16-6-2013 at about 2.00 p.m. and

sustained serious spinal injury.

The petitioner further stated that immediately after

the accident,

the

petitioner's

family members

contacted the respondent management and the

management promised for the medical expenses and

also assured to provide employment to the petitioner

and also assured for the reimbursement of the medical

expenses and asked the petitioner's father to admit the

petitioner at the private hospital and hence, his family

members admitted him at the PIMS Hospital for

treatment and undergone surgery as inpatient for more

than 15 days and after surgery he was bedridden and

took treatment as outpatient for nearly more than 4

months and his family members spent several lakhs of

Rupees for his medical treatment.

The petitioner further stated that he approached the

respondent management to provide employment after

the medical checkup and as the Doctors certified him

fitness to perform his duty, the management not

allowed him to enter the mobile shop and also refused

to provide employment and medical expenses.

The petitioner further stated that there is no E.S.I

coverage and the accident was occurred only during the

office hours and the management registered in the

E.S.I only in the month of February 2014 and only in

the month of February, the petitioner submitted his

family photo and the E.S.I temporary Identity

Certificate provided only on 21-3-2014. Hence, the

petitioner firmly stood on his hand that there is no

E.S.I coverage at the time of accident and therefore,

he has no right to benefit under E.S.I Act and medical

treatment.

The petitioner further stated that he was employed

in the respondent management from the beginning of

the establishment and he rendered his service

sincerely, honestly and up to the satisfaction of the

management and dedicated his service for the growth

of the management and further, he sustained the

employment, injury only at the time of advertisement

work at Marakanam and therefore, the petitioner

requested to provide employment with all legal

benefits and also to provide medical expenses

incurred by his family

member at PIMS Hospital

and also disable compensation as applicable under the

Act. The petitioner denied the benefits from the E.S.I.,

because the respondent management not paid their

269

4 April 2017]

LA GAZETTE DE L’ETAT

contribution properly to the E.S.I., therefore, at the

time of accident there is no coverage under the E.S.I.,

medical benefit under the said Act.

The petitioner further stated that the management

eventhough assured to provide the employment during

hospitalization of the petitioner and refused to provide

employment when he approached for employment and

compensation, therefore, he raised an industrial

dispute before the

Labour

Officer, Conciliation,

Puducherry vide representation, dated 13-3-2014 and

11-7-2014 and during the conciliation there is no

representation from the respondent management

inspite of repeated enquiry notices. As there is no

cooperation on the part of the management, hence, the

conciliation proceedings are ended in failure and the

matter was referred to this

Court for proper

adjudication. Hence, the petitioner prays before this

Court to pass an order to direct the respondent

management to reinstate the petitioner with full back

wages, continuity of service and all other attendance

benefits and to direct the respondent management to

pay the medical expenses and lose of income during

the treatment time for a sum of `5,00,000 and to award

the cost of this petition.

3. Though the Counsel for the respondent filed

Vakalat, despite several opportunities, no counter was

filed on behalf of the respondent since the respondent

remained ex parte.

4. In the course of enquiry, the petitioner himself

examined as PW.1 and Ex.P1 to Ex.P9 were marked.

5. The point for determination is:

Whether the petition can be allowed? or not?

6. Heard. It is the evidence of the petitioner that

he was working in the respondent establishment from

24-4-2010 and in the course of employment, while on

the return to Puducherry from Marakanam, after

completing the advertisement work, he met with a road

accident at Anumanthai on 16-6-2013 at 2.00 p.m., and

sustained serious spinal injuries and the petitioner was

admitted at the private PIMS Hospital and that the

respondent management promised to pay medical

expenses and also assured to provide employment and

that he has undergone surgery as inpatient for more

than 15 days and after surgery he was bedridden and

taking treatment as outpatient nearly for more than 4

months, since there is no E.S.I., coverage at the time

of accident, he was taken treatment at private PIMS

Hospital and spent several lakhs of rupees for his

medical expenses and after that while he approached

the respondent management to provide employment

after that Doctors certified him as fit to perform his

duty but, the respondent not allowed him to enter the

mobile shop and refused to pay the medical expenses

and the respondent management refused to provide

employment with all legal benefits and also to provide

medical expenses incurred by his family members and

also refused to pay the compensation for the

disablement under the Act and that the injury was

sustained during the course of employment from the

accident and that therefore, he approached the Labour

Officer

to

raise

the

industrial

dispute

vide

representation, dated 13-3-2014 and 14-7-2014 and

during the course of conciliation there is no

representation

was

made

by

the

respondent

management and that therefore, the conciliation

proceedings was ended in failure and the case was

referred to this Court for proper adjudication.

7. In support of his case, the petitioner PW.1

exhibited Conciliation Failure Report as Ex.P1,

Reference letter as Ex.P2, Discharge summary issued

by PIMS Hospital as Ex.P3, Payment voucher issued

by respondent as Ex.P4, E.S.I., Temporary Identity

Certificate as Ex.P5, Appointment letter issued by

respondent as Ex.P6, PIMS Hospital medical records

on various dates as Ex.P7, PIMS Hospital medical bills

on various dates as Ex.P8, Identity Card issued by

respondent as Ex.P9. These documents would go to

show that the petitioner was working in the respondent

concern and he met with an accident and was taken

treatment on PIMS Hospital, since the respondent has

not provide employment, he approached the Labour

Officer for conciliation and on failure, the case was

referred to this Court for disposal.

8. On the other hand, though the respondent Counsel

filed Vakalat for respondent, he does not file any

counter and subsequently due to his absence, the

respondent was set ex parte. From the ex parte

evidence, the petitioner has established his case that

he was working in the respondent concern and he met

with an accident and was taken treatment on PIMS

Hospital, since the respondent has not provide

employment, he approached the Labour Officer for

conciliation and hence, he is entitled for the Award as

prayed for with costs.

9. In the result, the petition is allowed and the

respondent is directed to reinstate the petitioner with

full back wages, continuity of service and all other

benefits and also directed the respondent to pay the

medical expenses of `5,00,000 as claimed by the

petitioner with costs.

270

LA GAZETTE DE L’ETAT

[4 April 2017

Dictated to Stenographer, transcribed by her,

corrected and pronounced by me in the Open Court on

this the 30th day January, 2017.

G. THANENDRAN,

Presiding Officer, Industrial Tribunal,

Puducherry.

List of petitioner's witness:

P.W.1— 12-1-2017 Narayanasamy

List of petitioner’s exhibits:

Ex.P1 — Conciliation Failure Report, dated

5-12-2014.

Ex.P2 — Referrence letter, dated 18-6-2015.

Ex.P3 — Discharge summary issued by PIMS

hospital, dated 24-6-2013.

Ex.P4 — Payment

voucher

issued

by

respondent, dated 4-1-2014.

Ex.P5 — ESI Temporary Identity Certificate,

dated 31-3-2014.

Ex.P6 — Appointment

letter

issued

by

respondent, dated 23-7-2010.

Ex.P7 — PIMS Hospital medical records on

various dates.

Ex.P8 — PIMS Hospital medical bills on

various dates.

Ex.P9 — ldentity Card issued by respondent

List of respondent’s witnesses:Nil

List of respondent’s exhibits:

Nil

G. THANENDRAN,

Presiding Officer, Industrial Tribunal,

Puducherry.

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (HEALTH)

(G.O. Ms. No. 14, Puducherry, dated 13th March 2017)

NOTIFICATION

Whereas, a Memorandum of Understanding (MoU)

was made and entered into at Puducherry on the

13th day of March, 2017 by and between the

President of India, represented by Dr. K.V. Raman,

son of Khareedhi Venkatesaiah, Director of Health and

Family Welfare Services, Government of Puducherry

and Ministry of Health and Family Welfare (MoHFW),

Government of India.

2. And whereas, a capacity building project for

Trauma Care facilities in Indira Gandhi Government

General

Hospital

and

Postgraduate

Institute,

Puducherry (IGGGH & PGI) has been established as

per the approval given in the 6th Meeting of the

Screening Committee for Trauma with Burn Scheme.

3. And whereas, necessary MoU has been entered

into between the Government of India and Government

of Puducherry and therefore, in order to implement the

Capacity Building Project for Trauma Care facilities,

a Monitoring Committee has been set up with the

following composition:

1. Secretary to Government (Health), . . Chairman

Puducherry

2. Director of Health and Family

. . Member

Welfare Services, Puducherry

3. The RD, Health and Family Welfare, . . Member

Directorate of G.H.S.(representative

from the Government of India)

4. Medical Superintendent,

. . Member

IGGGH & PGI, Puducherry

5. Executive Engineer (Buildings),

. . Member

P.W.D., Puducherry

6. The Resident Medical Officer,

. . Member-

IGGGH & PGI, Puducherry

Secretary.

4. And whereas, the implementation of the progress

of the scheme shall be reviewed at the Union territory

of Puducherry level on a quarterly basis. For this

purpose, the above constituted Monitoring Commitee

set up by the Union territory of Puducherry will

supervise the above Scheme.

5. And whereas, the other terms and conditions of

the Scheme has been elaborately mentioned in the

MoU.

6. And whereas, quarterly progress report (physical

and financial) will be submitted as per the guidelines.

7. And whereas, Directorate-General of Health

Services, Ministry of Health and Family Welfare, will

also review the progress of implementation of the

project from time to time at its own level.

8. Now, therefore, the Lieutenant-Governor of

Puducherry, is pleased to approve the constitution of

the Monitoring Committee under the capacity building

for Trauma Care facilities in IGGGH & PGI, Puducherry

and to implement the same as per MoU signed between

Government of India and Government of Puducherry.

9. This issues with the concurrence of the

Finance Department vide I.D. No. 3204/PRO/F4/A1/16,

dated 11-3-2017.

(By Order of the Lieutenant-Governor)

V. JEEVA,

Under Secretary to Government (Health).