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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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

2017 }

| 11 {

No.

28

Poudouchéry

Mardi

11

Juillet

2017 (20 Asadha 1939)

No.

Puducherry

Tuesday

11th

July

2017



SOMMAIRES

CONTENTS



Page

Page

.. 664

Sentence arbitral du travail

.. 664

Award of the Labour Court .. 664

de tribunal.



.. 672

Notifications du Gouvernement

.. 672

Government Notifications .. 672



.. 681

Avis d’Adjudications

.. 681

Tender notices

.. 681



.. 684

Annonces

.. 684

Announcements

.. 684

[ 663 ]

Registered with the Registrar

of Newspapers for India under

No. 10410

Registered No. SSP/PY/44/2015-17

WPP No. TN/PMG(CCR)/WPP-88/2015-17

Dated : 11-7-2017

Price : ` 22-00

664

LA GAZETTE DE L’ETAT

[11 July 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 92/Lab./AIL/T/2017,

Puducherry, dated 15th June 2017)

NOTIFICATION

Whereas, an award in I.D.(T)18/2013, dated 27-4-2017

of the Labour Court, Puducherry in respect of the

industrial

dispute between the

Management of

Texbond Nonwovens, Thirubuvanai, Puducherry and

Texbond Nonwovens INTUC Sangam, Puducherry over

charter of demands regarding unfair labour practice

and wage revision 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)

E. VALLAVAN,

Additional Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL -CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Thursday, the 27th day of April 2017.

I.D. (T) No. 18/2013

K. Durai Raj,

The Texbond Non-wovens,

INTUC Sangam.

. . Petitioner

Versus

The Managing Director,

M/s. Texbond Non-wovens,

Thirubuvanai,

Puducherry.

. . Respondent

This industrial dispute coming up before me for

final

hearing

on 28-2-2017 in the presence of

Thiruvalargal A. Govindu and A. Sakthivel, Counsel for

the petitioner, Thiruvalargal S. Radjagopalane

and V. Nagalingom Pillai, Counsel for the respondent,

upon hearing both sides, upon perusing the case

records, after having stood over for consideration till

this day, this Court passed the following:

AWARD

1. This industrial dispute has been referred by the

Government as per the G. O. Rt. No. 173/AIL/LAB/J/2013,

dated 3-12-2013 for adjudicating the following:-

(i) Whether the dispute raised by the Texbond

Non-Wovens, INTUC Sangam against the management

of M/s. Texbond Nonwovens, Puducherry over charter

of demands such as wage revision, annual increment

@ ` 3,000, total wage package of ` 20,000, V.D.A.,

H.R.A., @ 25%, festival advance, is justified or not?

(ii) If justified, what relief, the Union is entitled to?

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

terms of money, if it can be so computed ?

2. The brief averments of the claim statement filed

by the petitioner are as follows :

(i) The petitioner were employed nearly

nine years of service with the respondent management

and the management is not contributing for P.F. and

E.S.I., the contribution is entirely from the employees

and there is no contribution and deduction on the part

of the respondent which is against the Act and so far

the management has not given any wage slip to their

workers. The respondent also engages employees

from north India in the grade of operators on contract

basis and has fixed the wage with disparity between the

employees from north India and the petitioner union

employees without any rhyme or reason. All the

employees does not differ in any kind either in their

nature of work or their designation. The respondent

has shown this disparity only to show their scheming

attitude over the employees and has never follow the

principal of equal pay for equal work instead they

adopted victimization and motivation by paying higher

wages to the employees from North India and poor

wages has been paid to the employees attached with the

petitioner union.

(ii) The management for the past several years

compulsorily extracts 12 hours of work daily but, the

respondent so far has not paid over times wages. When

any objection is raised regarding the victimization in

the working place the respondent threatens that they

665

11 July 2017]

LA GAZETTE DE L’ETAT

will be terminated from service. Even though they are

working for the past nine years, they were not

provided with proper Salary Slip, Identity Card and

they were not allotted P.F. Hence, the worker with the

help of union approached the respondent, the

respondent management taking into consideration of

this Act of the union members and refused employment

to 6 union employees without any reason and

justification. The respondent frequently transfer and

change their working place as they like, hence, there

is no protection to their service condition and there

is no safety in the working place and to develop a

convenient working atmosphere made a charter of

demand regarding the following issues:

i. To provide annual increment of ` 3000 per

month total wage package of ` 20,000 V.D.A.,

H.R.A-25%, T.A, festival advance, bonus, educational

allowance, canteen facility, etc.

ii. To issue detailed wage slip.

iii. To contribute P.F & E.S.I. amount as per

the Act.

iv. To pay over-time allowance when the

workers compelled to work for more than 12 hours

of work per day.

v. To provide protection to their service

condition

vi. To pay equal wages for equal work and

there should not be discrimination in the wages.

vii. Wages should be revised with effect from

July 2012 and to include dearness allowance in the

wage structure.

viii. To provide employment to their 7 union

employees.

ix. Higher wages to the contract employees

from North India should not be paid and they should

not be engaged in the regular nature of work.

x. To provide appointment orders and identity

cards to their employees.

But, the respondent neither chosen to settle the

issues nor replied to their representations, instead the

petitioner’s demand was neglected. Hence, the

petitioner union made a representation before the

labour conciliation to resolve the dispute. On the basis

of their representation conciliation was held between

the petitioner and the respondent before the Labour

Officer (Conciliation). Even in the conciliation

proceedings also the respondent has not co-operated

to arrive at a common idea and refused to take the

advice of the conciliation machinery and requested to

close the conciliation proceedings for adjudication.

Hence, this industrial dispute was raised in order to

meet their needs.

3. The brief averments of the counter filed by the

respondent are as follows :

(i) The respondent denied all the allegation of the

petitioner except those that are specifically admitted.

The charter of demands raised by the petitioner is not

clear, specific and consistent and the increment to an

employee is a sole discretionary right of the employer

which cannot be demanded as a matter of right and the

increment is given upon valuation of the employee

based on his skill, ability, performance, sincerity and

other factors and the demand of the petitioner to give

` 3,000 as increment is not admissible and apart from

this, the respondent is paying increment to all the

employee annually without any discrimination

irrespective of the profit and loss of the company and

the demand of the petitioner in respect of total wage

package of ` 20,000 D.A., H.R.A. @ 25% are all very

exorbitant and inconsistent as per the Wages Act and

in fact the floor minimum wages as per the Central

Government notification and as per the guidelines of

the Labour Department, Puducherry, the total wages to

the employee for a month should not be below ` 4,350

(i.e.,) ` 145 per day inclusive of all the allowances, but

the respondent is paying total wages for a month to

each employee ranging from ` 9,500 to ` 15,000 and

the respondent is paying total wages more than the

guidelines of the Labour Department, Puducherry.

The petitioner has not mentioned in the demand, where

in Puducherry, for these nature of companies are giving

the incentive and total package as demanded by the

petitioner.

(ii) The respondent is promptly paying the P.F.

and E.S.I. contribution to the concerned Department as

per the Act and the proof of the contribution to P.F.

and E.S.I. are submitted and the employees are working

for 8 hours a day at the respondent’s company and the

over-time wages are paid to the employees in

calculation from the total wages and not from the basic

wages and the company has given prime importance to

the welfare of the employees and provided adequate

safety measures to the employees and as well to their

service condition and the wages were revised as per

the Act and the guidelines of the Labour Department,

Puducherry and the respondent without prejudice ready

to accept all the suggestion of the employees when it

is fair and correct and there was no dismissal of 7

666

LA GAZETTE DE L’ETAT

[11 July 2017

union employees and there is no contract employees

in the company and in fact all the employees are casual

labours and the petitioner has got no right to direct the

respondent not to engage the North Indian employees

in the regular nature of work.

(iii) The statement of the petitioner is utter false

that he is working with respondent management for

nearly nine years in fact the company was started only

in August 2007 and the allegation of the petitioner are

all invented stories for the sake of the case and further

the demand of the petitioner for equal wages for equal

work is not acceptable because the company was

started in the year 2007 only, but, the North Indian

workers are having experience for more than 10 to 12

years in the same field and they have worked in the

same nature of work in the companies at various

places in India and got adequate experience in the work

and whereas, the petitioner's union workers are fresher

and further the petitioner's union workers has damaged

the products and the output of the petitioner's union

workers are not satisfactory and due to many

complaints received from the customers, the principle

of equal wages for equal work is not applicable in this

case and hence, the demand of the petitioner is not

justified and hence, the petitioner's demands may be

rejected on these grounds.

4. In the course of enquiry, on the side of the

petitioner PW.1 and PW.2 were examined and Ex.Pl to

Ex.P20 were marked. On the side of the respondent

RW.l was examined and Ex.Rl to Ex.Rll were marked.

5. The point for consideration is that whether the

dispute raised by petitioner union against the

respondent management over charter of demands is

justified or not?

6. Both side arguments were heard. On the side of

both sides, written arguments were filed and the same

are carefully considered.

7. This industrial dispute has been raised by the

petitioner union over the charter of demands for wage

revision, annual increment, total wage package, H.R.A.,

festival advance, educational allowance and to decide

whether unfair labour practice is committed by the

respondent management. The petitioner has asked for

the demand to raise the annual increment at ` 3000 per

month, total wage package of ` 20,000, V.D.A., H.R.A.-25%,

T.A., Festival advance, Bonus, Educational allowance,

canteen facility with effect from July, 2012 and to

issue detailed wage slip and also to contribute P.F and

E.S.I. amount as per the Act and to pay over time

allowance when the workers compelled to work for

more than 12 hours of work per day and also to provide

employment to the 7 union employees. The demands

of the union was neglected by the respondent

management and that therefore, it was represented

before the Conciliation Officer and even after several

sittings for conciliation and on failure of the

conciliation, this case has been referred to this Court

by the Government of Puducherry.

8. The respondent has stated in his counter that the

granting of increment to an employee is a sole

discretionary right of the employer and therefore, it

cannot be claimed as a matter of right and the demand

of the petitioner to give ` 3,000 as increment is not

admissible and the respondent is paying increment to

all the employees annually without any discrimination

irrespective of the profit and loss of the company and

that the minimum wage should not be less than ` 4,350

(i.e.) ` 145 per day and the respondent is paying total

wages for a month to each employee ranging from

` 9,500 to ` 15,000 and that therefore, the demand of

the petitioner is not a valid one and the respondent

further stated in his counter that they are paying the

P.F. and E.S.I. contribution to all the employees and the

employees are working only for 8 hours per day at the

respondent company and no overtime wages to be paid

to the employees and there was no dismissal of

7 employees as stated by the petitioner.

9. In the evidence, PW.1 and PW.2 has deposed the

facts which are in the claim statement and in support

of their case, the petitioner has exhibited the

representation given by the union to the Conciliation

Officer on 22-1-2013 as Ex.P1, wherein it has been

stated that the union has passed the resolution for

demand of ` 3,000 to the employees in addition to the

Basic Pay and to raise ` 3,000 per year as Dearness

Allowance and also to raise shift allowance, over time

wages, educational expenditure, portal allowance, 20%

bonus and to increase the increment at ` 1,500. The

another representation given by the union to the

Conciliation Officer on 1-2-2013 as Ex.P2, wherein,

it has been stated that the respondent management has

not come forward to invite the union members for

settlement talks and threatened the union members.

Ex.P3 is also the another representation sent by the

union to the Conciliation Officer on 8-2-2013, wherein,

it has been stated that the respondent management has

not come forward to accept the demands of the

petitioner and also has refused to permit the

employees to work from 30-1-2013. Ex.P4 is the

another representation given by the respondent

667

11 July 2017]

LA GAZETTE DE L’ETAT

management to the Labour Officer stating that they are

giving increase on every year with effect from April

and all the workers and staffs are given increment for

July, 2012 and assured that increment will be given

during July as per the performance of the each and

every employee. Ex.P5 is the another representation

given by the union to the Conciliation Officer with

same demand of same kind to raise the wages of the

employees. Ex.P6 is also the representation given to

the Labour Officer by the union stating that they are

working for 12 hours per day instead of 8 hours and

seeking direction to the respondent management to

pay the over time wages for 4 hours. Ex.P7 & Ex.P8

are also the representations given by the union to the

Conciliation Officer stating that the management has

been committing victimization against the labourers

and also to raise the same demands in respect of wages

and increase in bonus, portal allowance. Ex.P9 is the

failure report sent by the Conciliation Officer to the

Secretary to Government, Labour Department. Ex.P10

is the reference sent by the Government to this Court.

Ex.P11 is the another requisition given by the union to

the Conciliation Officer to direct the respondent

management to give equal salary to the members of the

union like North Indian labourers. Ex.P12 is the

another requisition given by the union to the

Conciliation Officer stating that the respondent

management is refusing to allot work to the workers

of the petitioner union. Ex.P13 is the pay slips of the

workers which reveals that the salary particulars of the

employees. Attendance register is exhibited as Ex.P14

Ex.P15 to Ex.P18 are the wage slip of the employees.

Ex.P19 is the salary particulars of staffs of the

respondent establishment. Ex.P20 is the certificate of

registration of petitioner union.

10. On the other hand, the respondent has examined

one Raja Balaji as RW.1 and he has denied the

averments of the petitioner and stated that they are

paying E.S.I., and P.F., contribution to the employees

of the respondent establishment as per the Act as

followed by the Factories in Puducherry and the

demands of the petitioner have to be rejected. Further,

he deposed that minimum wages as per the guideline

of Labour Department of Puducherry is ` 4,350, but,

the respondent is paying ` 9,500 to ` l5,000 to their

employees and that therefore, the demand made by the

petitioner to raise

` 3,000 as increment is not

sustainable and that the workers are working only

8 hours per day not for 12 hours and that they have not

dismissed 7 union employees as stated by the

petitioner and that there is no contract employees at

their establishment. The respondent has also exhibited

the licence issued by the Commissioner, Mannadipet

Commune Panchayat, Puducherry as Ex.Rl, Registration

of license to factory issued by the Chief Inspector of

Factories as Ex.R2, Factory licence as Ex.R3,

Certificate of Registrations of Factories as Ex.R4,

Ex.R5 is the letter issued by the Assistant P.F.

Commissioner. Combined challan EPF contribution as

Ex.R6. EPF contribution till January 2016 as Ex.R7,

E.S.I. return of contribution as Ex.R8, E.S.I.

contribution till January 2016 as Ex.R9, staff salary

details for the month of April, 2013 as Ex.R10, staff

salary details for the month of January, 2016 as Ex.Rll.

11. In the claim statement, the petitioner have stated

that 7 employees have refused employment by the

respondent management and they have sought for an

order of reinstatement in the claim statement.

However, this reference has been made by the

Government to this Court only to decide the dispute

raised over the charter of demands such as wage

revision, annual increment, total wage package of `

20,000, H.R.A., festival advance, educational

allowance and this reference has not been referred to

this Court to decide any industrial dispute over the

termination of employment and that therefore, this

Court does not decide the above claim in this

reference and the petitioner can seek such a remedy

in any other dispute raised before the Conciliation

Officer and to file a separate application for

reinstatement before this Court and that therefore, this

Court cannot pass such order of any reinstatement as

claimed by the petitioner in the claim statement and

this Court cannot decide any other issues beyond the

reference.

12. From, the pleading of both the parties, it is clear

that both the parties have admitted the following facts

i.e., the respondent management is engaged in

manufacturing of medical articles such as face mask,

shoe covers, surgeon caps, etc., and the petitioner

union has raised the industrial dispute and submitted

an application to the Conciliation Officer over the

charter of demands for wage revision, annual

increment, total wage package of ` 20,000, V.D.A.,

H.R.A., festival advance and the union has submitted

some applications

to reinstate

the dismissed

employees and the union members are working in the

respondent

establishment

and

the

respondent

management has not given ` 3,000 as increment as

claimed by the petitioner and the conciliation was

failed before the Conciliation Officer.

668

LA GAZETTE DE L’ETAT

[11 July 2017

13. It is the main contention of the petitioner union

that the respondent management has refused for

revision of wages and the respondent management is

paying poor wages below the rate of minimum wages

and equal wages are not paid to the equal work and the

respondent management is paying higher wages to the

employees employed from North India and they are not

contributing P.F., and E.S.I., amount to the employees

and no amount is deducted on the part of the

respondent and the respondent management openly

adopts the discrimination in payment of wages and the

management extracts 12 hours of work daily but has

not paid overtime wages and engages the contract

workmen from North India and that there is no

protection to their service condition and the

management has refused employment to the union

employees without any reason and justification and

the management has committed unfair labour practice.

But, it is the contended by the respondent that they are

giving equal pay to the workers who have employed by

them and that they have not adopted any discrimination

and have not committed any unfair labour practice.

14. To establish the contention of the petitioner,

the representations made by the petitioner union

before the Conciliation Officer is exhibited as Ex.P1

to Ex.P3, Ex.P5 to Ex.P6, Ex.P11 and Ex.P12. Ex.P11

is the another representation made by the petitioner to

the Conciliation Officer, which would evident that the

petitioner union has passed a resolution and has raised

a dispute before the labour Conciliation Officer and

even after to the dispute raised before the Conciliation

Officer and while conciliation is pending the

respondent management has transferred some machine

operators and appointed some North Indians as contract

labours and have paid ` 20,000 per month to the

contract labours. Ex.P12 would evident that the union

has submitted an another application before the

Conciliation Officer subsequent to the dispute raised

by them before the Conciliation Officer that the

respondent management has refused to give work to

some of the employees of the union and have given

employment to North Indian workers and to compel

them to withdraw the dispute raised before the

Conciliation Officer. These documents would go to

show that when the conciliation is pending before the

labour

Conciliation

Officer,

the

respondent

management has appointed some North Indian

employees as contract labourers and has paid salary

more than the payment of salary given to the regular

employees.

15. The petitioner has exhibited the salary slips of

employees as Ex.P13 which would go to show that

there was some Printing Operators in the respondent

management in the name of Madav Adhikari, Anandababu,

Vishal Sharma, Rajenthiran, Rajiv Gandhi, Raja and

Rahul Singh. The Pay Slip of Anandababu who was

working as Operator in the respondent factory would

evident that he has joined in the company on 8-11-2010

and he was having gross earning of ` 15,400 in the

month of July, 2013 and he has not been paid any

incentive. The pay slip, of Madav Adhikari who was

working as an Operator in the same respondent

management would go to show that the said Madav

Adhikari earns ` 20,375 with incentive of ` 3,258 in

the month of September, 2013. The Pay Slip of Vishal

Sharma would evident that Vishal Sharma earns

` 17,862 with incentive of

` 2,856 and at the same

time Rajenthiran who was working as Operator was

earning gross amount only ` 7,500 without having any

incentive and Rajiv Gandhi who working as an Operator

has earned ` 9,198 with an incentive of ` 3,333

and the pay slip of one Rajiv Gandhi for the month of

March, 2014 would go to show that he has earned only

` 8,111 with incentive of ` 214 while so Rahul Singh

earns ` 18,025 with the incentive of ` 2,575.

These document would go to show that the respondent

management has not given uniform salary to

the Operators of the respondent and as rightly stated

by the petitioner union, the respondent management

has given more salary to the North Indian contract

workers than the regular employees of the factory and

furthermore, from the exhibits marked by the

petitioner, it is also revealed that the respondent

management has refused to give employment to the

workers while the conciliation proceedings was

pending.

16. To prove the contention of the petitioner that

the respondent management has not paid equal salary

to the members of the petitioner union they have

exhibited Ex.P17 the salary slip of one Madav

Adhikari, which would go to show that the said Madav

Adhikari, has joined the respondent factory only on 1-5-2013

and he has been given salary of ` 46,038 for the

month of August, 2014 and Ex.P18 the salary slip of

Abinesh Kumar Singh would show that the said

Abinesh Kumar Singh who has joined on 15-5-2014

was given salary of ` 18,902 for the month of

September-2014 and Ex.P16 the salary slip of Srinivas

Patra would show that the said Srinivas Patra was

working as Shift Engineer and joined the service

o n 2 2 -5 -2 0 1 4 in the facto ry has b een gi ven

` 23,000 as monthly salary for the month of August.

669

11 July 2017]

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Ex.P15 is the Salary Slip would go to show that Sunil

Kumar Yadhev who has joined on 12-5-2014 in the

factory was given ` 15,612 for the month of May,

2014 for 19 days. On the other hand, Ex.P13 would

evident that one Rajenthiran who was in service from

the year 2007 and who was working as Machine

Operator was given only ` 6,335 for the whole month.

These discrepancy in the payment of salary has not

been explained by the respondent management though

the respondent management has stated in the counter

that they are paying equal pay to the workers, they have

not let any evidence and has not proved that the North

Indian employees are having more experience and

educational qualification or having any seniority in

the work of Operator and therefore, the respondent

without giving any explanation before the Conciliation

Officer or before this Court has contend that they are

paying equal pay for equal work.

17. This Court finds from Ex.P17 that the

management has given ` 40,038 in the month of

August, 2014 to one Madav Adhikari who was working

as an Operator and who has joined only on 1-5-2013

in the respondent management and the respondent

management has given only ` 6,335 without any

incentive to one Rajenthiran who was the regular

employee and who was working from 21-8-2007 in the

respondent factory as an Operator and furthermore, it

is clear from the Ex.P13 that one Srinibas Patra has

been given ` 23,000 for the month of August, 2014

who has joined only on 22-5-2014 and that therefore,

these exhibits would go to clearly show that the

respondent management has adopted unfair labour

practice by victimization in payment of wages to the

employees and has not followed the principles of equal

pay to equal work in the cadre of Operator in the

respondent factory and furthermore, the person

namely Rajenthiran who has been joined in the

company on 21-8-2007 was paid only ` 6335 for the

March, 2014 and he has not been given any incentive.

From these facts, it can be inferred that the respondent

management has not followed any procedure in fixing

and paying the salary to the workers who were worked

as an Operators of the factory.

18. Though, the respondent RW.1 has denied the

allegation of the petitioner as false and filed Ex.R1 to

Ex.R11, the documents in Ex.R1 to Ex.R4 would go to

show only about the licence obtained by the respondent

factory from the Commissioner of Panchayat and

Inspector of Factories to conduct the factory and the

registration of their establishments under the Indian

Partnership Act and Ex.R5 to Ex.R9 would go to show

only that they are paying P.F., and E.S.I., contribution

to some of the employees. But, it does not reveals the

particulars to whom the contribution is paid and

Ex.P10 and Ex.Pll does not reveals about the

categories of staffs in the production and total number

of workers in the factory and they have not produced

any documents to prove that how much salary is being

paid to the employees and how much contribution are

being paid and for whom the contribution are paid and

how much increment is being given to the employees

for every year.

19. Furthermore, the evidence of RW.1 in his cross

examination runs as follows :

North India—



















































North

Indian







North

Indian









From the above evidence, it is clear that the

respondent management has pleaded that since the

North Indian employees are having experience,

technical qualification, they have been given more

salary than the local employees but, no documentary

evidence is produced before this Court by the

respondent management to prove that the said North

Indian employees are having any extra educational

qualification, technical qualification or experience

than the local workmen and furthermore, nothing is

produced before this Court by the respondent to prove

that they are giving equal pay to the workers and

particularly they have not explained anything why they

have given salary of ` 40,038 in the month of August,

2014 to one Madav Adhikari, an Operator who has

joined only in the year 2013 while the regular

employee Rajenthiran who has joined in the year 2007

was paid only ` 6,335 in the month of March, 2014.

670

LA GAZETTE DE L’ETAT

[11 July 2017

These difference would go to show that the respondent

management has not paid equal pay for equal work and

that there is discrepancy in paying the wages to the

employees who were working in the same cadre as an

Operator in the respondent establishment and they have

adopted some unfair labour practice in giving the

salary and incentives to the workers and therefore, it

is held by this Court that the industrial dispute raised

by the Texbond Nonwovens INTUC sangam against the

management of Texbond Nonwovens over the charter

of demands for wage revision, annual increment, total

wage package, H.R.A., festival advance, educational

allowance is justified.

20. As this Court has justified the industrial dispute

raised by the petitioner union against the respondent

management, it is to be decided for what relief the

workmen of the petitioner union members are entitled

to. On this aspect, the evidence and pleading of both

the parties are carefully perused. Though, the petitioner

has established that there was some wage discrepancies

in the payment of wages to the workers, no particulars

available before this Court to decide how much

increment was already given by the respondent

management to the workers for every year and how

much H.R.A., V.D.A., educational allowance are paid

to the employees so far by the respondent management

and hence, this Court could not specify the amount as

annual increment or H.R.A. or educational allowance

as claimed by the petitioner union. However, it is

established by the petitioner union under Ex.Pl7 that

the management has given the Salary of ` 46,038 with

basic pay of ` 15,000, H.R.A. ` 7,500 M.A. ` 1,500,

Con. All ` 1,500, E.N.T. ` 3,250 to one Madav Adhikari

and to the contract employees engaged from North

India while they are paying only ` 7,000 to the regular

employees who were engaged for more than 6 years

and that they have not produced any records regarding

the contribution of P.F., and E.S.I., overtime particulars

before the conciliation proceedings and furthermore,

the respondent management was not ready even to

discuss the said aspects in the conciliation

proceedings and furthermore, it is learnt from the

conciliation report submitted by the Conciliation

Officer to the Secretary to Government that the

conciliation has advised the management to have

collective bargain and to settle the issues on bilateral

discussion and whereas, the management refused to

take the advice of the conciliation machinery and the

management has not co-operated with the conciliation

proceedings to settle the dispute.

21. These above facts would go to show that even

in the conciliation proceedings the management has

not at all produced the records with regard to the

overtime work done by the employees and the

respondent management has not produced any

document before this Court to establish that they have

not extracting any work more than 8 hours from

petitioner union members. These facts and other

circumstances would go to show that the respondent

management has not at all established that they are not

extracting work of more than 8 hours i.e., 12 hours

from the members of the union and they have admitted

that they are giving only ` 7,000 to the regular

employees while they are giving the salary to the

contract workers about ` 22,000 and that therefore, the

claim made by the petitioner is reasonable.

22. It is also clear from the evidence, facts and

circumstances that the respondent management has

adopted unfair labour practice by refusing the equal

pay to equal work to the employees of the respondent

establishment and further the petitioner have filed the

copy of the attendance register of the employees as

Ex.P14, which is not authenticated and it is not clear

and not signed by anyone and does not have particulars

of time worked by the employees and that therefore,

this Court could calculate the hours whether they are

working more than 8 hours. However, the employees

are statutorily entitled for over-time wages if, they are

worked for more than 8 hours.

23. Even both the parties have let evidence and filed

exhibits, absolutely there is no evidence that how many

categories of employees are working in the respondent

establishment and how much they are received as Basic

Pay, D.A., H.R.A., medical allowance and their

increments and furthermore, the evidence is available

only regarding the salary of the employees who are

working as Operators and hence, this Court decides to

take the salary of the employee, the Operator Madav

Adhikari as basic and fundamental one to revise the

Salary in Basic Pay, H.R.A., D.A., and other allowances

to all the employees.

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

industrial dispute raised by the petitioner union against

the respondent management over charter of demands

is justified and

(i) the respondent is directed to revise the wages

by taking the salary of employee, the Operator Madhav

Adhikari under Ex.P17 as a basic and fundamental one

to fix the Basic Pay, H.R.A., D.A., and other allowances

and increments to the employees proportionately

671

11 July 2017]

LA GAZETTE DE L’ETAT

according to their categaries and period of service

from the date of claim petition filed before this Court

and further

(ii) directed the respondent to give overtime

wages in future if, they are working for more than 8

hours and further.

(iii) directed the respondent to pay the statutory

contribution for P.F., and E.S.I., to all the employees

of the respondent establishment.

Dictated to Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 27th day of April, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal,

Puducherry.

————

List of

petitioner’s witnesses:

PW.1 — 18-11-2014—K. Durai Raj

PW.2 — 18-12-2015—Rajiv Gandhi

List of petitioner’s exhibits:

Ex.Pl

—

22-1-2013 — Letter sent by the

petitioner

to

the

Conciliation Officer,

Puducherry along with

postal receipt.

Ex.P2

—

1-2-2013

— Letter sent by the

petitioner to the

Labour

Officer,

Puducherry along with

acknowledgment card.

Ex.P3

—

8-2-2013

— Letter sent by the

petitioner to the

Labour

Officer,

Puducherry.

Ex.P4

—

18-2-2013 — Letter sent by the

respondent to the

Labour

Officer,

Puducherry.

Ex.P5

—

8-4-2013

— Letter sent by the

petitioner to the

Conciliation Officer,

Puducherry.

Ex.P6

—

22-4-2013 — Letter sent by the

petitioner to the

Labour

Officer,

Puducherry.

ExP7

—

27-5-2013 — Letter sent by the

petitioner to the

Conciliation Officer,

Puducherry.

Ex.P8

—

18-7-2013 — Letter sent by the

petitioner to the

Conciliation Officer,

Puducherry.

Ex.P9

—

7-10-2013 — Report of failure of

Conciliation issued by

the Labour Officer,

C o n c i l i a t i o n ,

Puducherry.

Ex.P10 —

3-12-2013 — G.O. Rt. No. l73/AIL/

Lab./J/2013.

Ex.Pll

—

11-12-2013 — Letter sent by the

petitioner to the

Conciliation Officer,

Puducherry.

Ex.P12 —

12-12-2013— Letter sent by the

petitioner to the

Conciliation Officer,

Puducherry.

Ex.P13 —

-

— Copy of the pay

slip of same cadre

employees with different

pay.

Ex.Pl4 —

-

— Copy of the Attendance

Register (with time).

Ex.Pl5 —

May

— Copy of salary slip of

2014

Sunil Kumar Yadhev.

Ex.P16 —

August

— Copy of salary slip of

2014

Srinibas Patra.

Ex.P17 —

August

— Copy of salary slip of

2014

Madav Adhikari.

Ex.P18 —

September

— Copy of salary slip of

2014

Abhishek Kumar Singh.

Ex.Pl9 —

August

— Copy of 48 employees

2014

and staff salary list

Ex.P20— -

— Copy of the certificate

of

Registration

of

Trade Union.

List of

respondent’s witness:

RW.1 — 1-3-2016 —

S. Raja Balaji

672

LA GAZETTE DE L’ETAT

[11 July 2017

List of respondent’s exhibits:

Ex.Rl

—

6-8-2007 —

Copy of the licence

issued by office of the

C o m m i s s i o n e r

Mannadipet Commune

Panchayat.

Ex.R2 —

19-7-2007 —

Copy of Registration

and Licence to work

as a factory issued by

Chief Inspector of

Factories.

Ex.R3 —

19-7-2007 —

Copy of the factory

licence renewed till

31-12-2018.

Ex.R4 —

7-8-2006 —

Copy of the certificate

of registration as per

the Indian Partnership

Act, 1932.

Ex.R5 —

6-9-2007 —

Applicability of E.P.F.

letter issued by the

Assistant

P.F.

Commissioner/O.I.C.

Ex.R6 —

15-4-2015 —

Copy of the cabined

c h a l l a n E .P .F .

contribution-SBI.

Ex.R7 —

13-2-2016 —

Copy of the E.P.F.

contribution

till

January 2016.

Ex.R8 —

27-10-2014— Copy of the ESI return

of Contribution.

Ex.R9 —

20-2-2016 —

ESI contributions till

January 2016.

Ex.R10—

30-4-2013 —

Copy of

the staff

salary details for the

month of April 2013.

Ex.Rll —

31-1-2016 —

Copy of

the staff

details for the month

of January 2016.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal,

Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 98/AIL/Lab./T/2017

Puducherry, dated 27th June 2017)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. Jayaprakash Narayanan Co-operative Spinning

Mill, Neravy, Karaikal and its workman Thiru M. Rajkumar,

over reinstatement in respect of the matter mentioned

in the Annexure to this order;

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 (c) 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 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 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 the petitioner

Thiru M. Rajkumar, Karaikal, against the management

of

M/s.

Jayaprakash Narayanan Co-operative

Spinning Mill, Karaikal over reinstatement is

justified or not? If justified, what relief he 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).