

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry



Publiée par Autorité

Published by Authority

` 30-00

Prix : ` 30-00

Price :

` 30-00







2017 }

| 18 {

No.

29

Poudouchéry

Mardi

18

Juillet

2017 (27 Asadha 1939)

No.

Puducherry

Tuesday

18th

July

2017



SOMMAIRES

CONTENTS



Page

Page

..

696

Sentence arbitral du travail

..

696

Award of the Labour Court .. 696

de tribunal.



..

708

Notifications du Gouvernement

..

708

Government Notifications .. 708



..

730

Avis d’Adjudications

..

730

Tender notices

.. 730



..

733

Etablissements dangereux

..

733

Dangerous Establishments

.. 733



..

734

Annonces

..

734

Announcements

.. 734

[ 695 ]

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 : 18-7-2017

Price : ` 30-00

696

LA GAZETTE DE L’ETAT

[18 July 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 93/Lab./AIL/T/2017,

Puducherry, dated 15th June 2017)

NOTIFICATION

Whereas, the Award in I.D(T).No. 12/2008, dated

6-4-2017 of the Labour Court, Puducherry in respect

of the industrial dispute between the Management

of M/s. Pond’s Exports Limited (Foot Wear Factory),

Puducherry and Pondicherry, Hindustan Thozhilalar

Sangam (PHLTS), Puducherry over charter of demands

such as increase of Basic Pay for each grade, Annual

increment, fixed dearness allowance for 2000 points

variable dearness allowance, HRA, Production incentive

Pay, etc., has ben 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 6th day of April, 2017

I.D. (T) No. 12/2008

Pondicherry Hindustan,

. . Petitioner

Thozhilalar Sangam (PHLTS)

No. LIG 204, Housing Board,

Kurumbapet, Muthirayarpalayam,

Puducherry.

Versus

The Managing Director,

M/s. Pond’s Exports Limited,

(Foot Wear Factory),

Post Box No. 18, Vazhudavur Road,

Puducherry.

. . Respondent.

This industrial

dispute coming on 14-2-2017

for final hearing before me in the presence of T vl.

P. R. Thiruneelakandan and A. Mithun Chakkaravarthy,

Counsel for the petitioner Thiru L. Sathish, Counsel

for the respondent upon bearing 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.161/AIL/LAB/

J/2008, dated 15-12-2008 for adjudicating the following:-

(i) Whether the dispute raised by Pondicherry

Hindustan Thozhilalar Sangam against the management

of M/s. Pond's Exports Limited (Foot Wear Factory),

Puducherry, over charter of demands such as increase

of Basic Pay for each grade, annual increment, fixed

dearness allowance for 2000 points, variable dearness

allowance, HRA, Production incentive Pay, etc., 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 petitioner in its claim petition has stated

as follows:-

(i) The Pondicherry Hindustan Thozhilar Sangam is

a registered Trade Union and the union had raised the

charter of demand for wage revision before the

Management of respondent vide letter, dated 1-3-2008,

the respondent did not consider the demands of the

Union and on the other hand, compelled the entire

workers to opt for voluntary retirement and left from

the service, the Union workers did not accept the

proposal of the management and raised the industrial

dispute over the charter of demand for wage revision

and other allowances before the Labour Officer

(Conciliation), Puducherry. Several rounds of direct

talks were held between the petitioner union and the

respondent management, but, no settlement was arrived

at between them, the conciliation proceeding ended in

failure, hence, the conciliation had left the matter to

this

Industrial

Tribunal

for

adjudication

and

accordingly, the Government of Puducherry referred

this dispute to this Tribunal for adjudication with the

above-mentioned issues.

(ii) The respondent factory started in the year 1989

and it is a subsidiary of Hindustan Unilever Limited

which is a Multi-national company of United Kingdom

and the company deals in variety of consumer goods

697

18 July 2017]

LA GAZETTE DE L’ETAT

and established brand name for various products and

had an annual turnover of several Hundred of Crores

and it had common balance sheet for all its division,

the company acquired a number of leading Indian

Companies during the last fifteen years and its

financial capacity is very well to meet the wage

demand of the petitioner union, the company availing

benefits like substantial Sales Tax concession, power

concession and substantial subsidies given by the

Government and setup his factory in various places of

the Union territory of Puducherry, that in the

respondent factory more than 200 permanent workers

and 400 Casual and Contract workers engaged in the

day to day production activities, the first batch of the

workmen were recruited in the year 1989 as a trainee,

they were paid ` 475 per month as a consolidated pay,

and no bonus given to them and in the case of

temporary workers they were paid ` 17.10 per day and

in the year 1993, the workers were made permanent,

and they were paid a sum of `1,600 consolidated per

month.

(iii) Initially, there was no trade union, after

formation of petitioner Trade Union first time in the

year 1995 the union raised the charter of demand and

entered into the 18(1) settlement with the respondent

management, thereby the workers were got increased

from 1600 to 2275 and thereafter, the Union entered

several settlement with the management with regard to

the wage revision of the workers, that in the year 2002,

the Union raised the charter of demand for wage

revision before the management and thereafter, the said

matter went to this Court for adjudication, meanwhile,

the respondent management entered into the 18(1)

settlement with the individual workers and reported

before this Tribunal in the said dispute that the

majority of the individual workers were accepted the

wage revision, accordingly, the said industrial dispute

was closed as against which the petitioner union

preferred the Writ Petition WP. No. 25952 of 2008

same is pending before the High Court, while so, the

last settlement entered between the Management and

the workers, came to an end in the year 2007, hence, the

petitioner union raised the new charter of demand for

wage revision etc., on 7-3-2008, but, the Management

did not consider the demand of the workers and also

wanted to recruit the new workers for very meager

wage, instead of considering the demand of the

workers who put their length of service in the

respondent management, hence, the petitioner union

raised charter of demand for wage revision, ultimately

the matter went to the Conciliation Officer and now, it

has been referred before this Tribunal that the

petitioner union raised the charter of demand for wage

revision and other allowances.

(iv) The Union stated that 99 % of the workers are

married and have children and also parents to support,

therefore, for a family of four, to support itself in

Puducherry region, approximately a sum of ` 27,400.

There is no comparable Industry in Puducherry region

with kind of financial capacity of the respondent

management, therefore, it not possible to apply the

standard of comparable Industry in the Puducherry

region in respect of dispute. The quantum of wage

revision and facilities are (i) The need of workmen and

his defendants, (ii) The capacity of the respondent

management to the meet above need, (iii) The wage

levels of Supervisor, Executive and Managerial Staff

and upwards, (iv) The overall Expenditure pattern of

respondent management on various counts, (v) And the

wage structure of the other unit of the respondent

management both in Puducherry region and other

States, hence, the union prays this Court to pass an

Award revising the wage in terms of the charter of

demand, dated 7-3-2008, Annexure-I with retrospective

effect from 31-10-2016 and issue such further or

other appropriate orders or direction as deemed fit

and proper, Award cost in favour of the workmen for

the legal proceeding.

3. The respondent in its counter has stated as

follows :

(i) The respondent denied all the allegations

contained in the claim statement and the respondent

unit had two recognized unions viz: Ponds Export Ltd

Workers Welfare Association (PELWWA) and Pond’s

Exports Uzhaipalar Sangam (PEUS) which have been

representing majority of workmen and the petitioner

union was formed in the year 1995 and it was minority

union commending less than 10% representations and

was an un-recognized union and from the year 2002,

the respondent unit witnessed downward due to the

prices of all leather products saw downward slide and

many international buyers had drastically reduced their

intake and had imposed strict quality standards leading

to huge rejection of products and inspite of such

slump in its business, the respondent was determined

to run the Puducherry factory, the poor performance of

the respondent's factory in general is fully known to all

its workers including the petitioner union and inspite

of all adversaries in the business, the respondent had

never compromised on welfare of its workers and had

always paid the best salary package to its workers as

per long term settlements from time to time, the

average salary for the unskilled and skilled workers as

on 2008 were around ` 8,500 and ` 9,600 respectively,

which was far higher than any of the comparative

industries in and around Puducherry.

698

LA GAZETTE DE L’ETAT

[18 July 2017

(ii) Apart from the salary the respondent also had

various welfare schemes for workers, such as

subsidized canteens, family day gatherings, sports day

functions, family planning benefit, etc., and the last

wage settlement between respondent and its majority

union PELWWA was on 24-10-2002 which expired on

30-9-2006, which was acceptable to all the workers,

was unacceptable to six office bearers of petitioner

union against which the petitioner had filed I.D.2/2002

for wage revision and other issues and the industrial

dispute was dismissed on merits on 19-12-2006,

specifically holding that petitioner is bound by the

majority decision and against the findings in ID (T).2/

2002 the petitioner challenged before Hon'ble High

Court in W.P.No.25952/2008 and the Hon'ble High

Court once again upheld the settlement with the

majority workers, dated 24-10-2002 and in exercise of

its extraordinary jurisdiction, directed the respondent

to extend the benefits of settlement, dated 24-10-2002

to the six workmen of the petitioner union and the

respondent complied with the directions of High Court

by sending the monetary benefits to six workers including

the one who was terminated in 2007 on 10-6-2011.

(iii) The settlement, dated 24-10-2002 came to an

end on 30-9-2006 and it gave a wage increase of

`1,500 and an incentive of ` 675 for a base output of

13 pairs per man day and consequent to the expiry of

the settlement, dated 24-10-2002, all the three unions

including the petitioner union representing the

workmen submitted a charter of demands and the

respondent discussed the LTS with the PELWAA union

who signed the last LTS and having majority of workers

and in the course of such negotiations, the respondent

made a proposal of wage increase of `1,400 per month

including an improved incentive scheme and however,

the workmen refused to understand the constraints of

respondent to bear any additional burden by way of

increase in wage and chose the path of confrontation,

the respondent even improved its offer to ` l,500 p.m.,

the union refused to accept and sign a settlement and

that when the wage settlement was getting delayed due

to the higher demand for wage increase, the workers

resorted to various illegal actions including go-slow

over several months from September 2007 which the

output per man day started declining below 13 pairs

per man day, the production chart for the year 2006

and 2007 would reveal a consistent reduction in

productivity level, the situation in October 2008

became so acute that as against the last average

production of about 16 pairs for a day which was

agreed to in the 12 (3) settlement in 2002 it came

down to a near 3.31 pairs per man, thus, the respondent

completely modernized the plant in the year 2007 and

expected an average production of 16 pairs per man,

the significant drop through go-slow hurt the business

drastically and the workers also suffered huge loss due

to low incentive earning, inspite of obvious drops in

their earnings, the workmen did not come forward to

remedy the situation clearly indicating that the

workmen were not having the will to work and the

fresh orders from overseas buyers stopped coming in

and by October 2008, there was practically no order,

nor was production done and since February 2007, the

respondent repeatedly communicated to all the

workmen through various notices and letters about the

danger of such go-slow agitation by the workmen,

especially in an export unit which is sensitive to both

price as well as timely deliveries which directly impact

the viability of the factory.

(iv) It is further stated that despite the various

agitations by the workmen, the respondent continued to

give opportunity to the unions to have wage negotiation

and to arrive at an amicable settlement with the hope

that after wage settlement, normal productivity would be

restored and the business could be resurrected, finally,

since there was no improvement in productivity and the

respondent incurred loss in its business because of

agitation of workers and their uncompromising attitude

coupled with other variable factors it had no options

but, to suspend its production activities with effect

from 21-10-2008 and that it would have been far easier

and simpler for it to have decided on closing the unit

after complying with all legal formalities, such closure

would have been far more cost effective and hassle

free for the respondent but, the respondent in its

wisdom considered the collective benefits of its

workers and was inclined to be more generous and

gratuitous towards its workers who had served the

company for good number of years, therefore, instead

of closing down the factory, respondent offered

a handsome and generous voluntary retirement scheme

package to all its workers on 21-10-2008 and initially

the management offered an

ex gratia

amount

calculated @ 3 months PF wages for every completed

year of service and another ex gratia of 2½ months

wages besides an additional amount of ` 50,000 and

all the three union, were not satisfied with the

compensation offered and wanted it to be improved,

accordingly, the management offered an additional

amount of ` 15,000 to those who accepts the scheme

and a further sum of ` 10,000 if, everyone accepts

VRS, the workmen who were members of the two

unions namely Pond's Exports Limited Workers

Welfare Association and Pond's Exports Uzhaipavargal

699

18 July 2017]

LA GAZETTE DE L’ETAT

Sangam accepted the VRS and left the service and out

of 163 workmen who were then in employment,

97 workmen opted for VRS, received the compensation

and left the service.

(v) It is further stated that between 21st October and

29th October 2009, M/s. A. Sivamurthy, S. Kandasamy,

J . J a ya r a ma n , P. T h i r u ma l , R . R a ma l i n g a m,

V. Sundaramoorthy, S. Muthulingam, V. Vijayashankar

and B. Balaraman personally approached Mr. Youvarajan,

Officer - HR Department and pleaded with him that as

they were juniors in services and VRS compensation

should be not less than ` 3 lakhs and therefore, they

should be considered for some additional amount and

against which the respondent transferred the 66 workmen

to the other units of respondent in other States, which

was not accepted by the workers and they raised

agitations in various forms including illegal strike,

gheraoing picketing, obstructing movement of men and

materials, compelling the respondent to approach Civil

Court in O.S. 1476/2008 seeking injunction against

the striking workers. The petitioner also gave

complaints to various authorities, filed writ petitions

challenging

the

transfers

and

conciliations

proceedings. The Government of Puducherry referred

the dispute to this Court and in the mean time, the

petitioner union filed three writ petitions before the

Hon'ble High Court Madras in W.P.No. 26180/2008,

22319/2009 and 399/2010 challenging alleged closure

of respondent Unit, the transfer order and for

amendment of reference G. O. RT. No.30/AIL/LAB/J/

2009, dated 24-3-2009. The Hon'ble High Court vide

its

common

order,

dated

1-12-2010

directed

Government of Puducherry to amend the reference to

make it comprehensive covering all the disputes

concerning the petitioner and respondent and for

adjudication. Accordingly, the Government has referred

a comprehensive dispute in I.D(T).3/2011 for

adjudication.

(vi) If, the transfer of 66 workers is upheld, the

petitioners cannot seek the relief of wage revision as

the 66 workers will be governed by the wage patterns

and structures as existing the transferred units. The

respondent admitted that it had completely stopped its

production activities from 21-10-2008 and except for

the workforce, the rest of the workforce has left its

service. The employees are seeking wage revision from

the date of their charter of demands, dated 7-3-2008,

If, respondent's decision to suspend its production

from 21-10-2008 is upheld, there cannot be a wage

revision for a period of 7 months, especially when

majority of workers have resigned their job. Therefore,

the adjudication in the present ID is intrinsically

dependent on the final outcome of ID(T).3/2011 and

hence, the present ID cannot be adjudicated before

adjudication of ID(T).3/2011 and the respondent prays

that all the proceedings in the present ID shall be

either stayed or suspended till the adjudication of

dispute in ID(T) 3/2011. The respondent further stated

that petitioners have not made out a case for upward

revision of wages, a demand for wage revision in term

of charter of demands, dated 7-3-2008 without even

specifying the exact nature of such demands and the

legal, moral and contractual and factual justification

for such multifarious demands. Pleadings in claim

petition giving vital particulars regarding actual

demands raised and the justification for such demands

are absolutely essential for the respondent to respond,

thus, respondent prays to reject the claim petition for

want of necessary pleadings regarding the charter of

demands and legal justification for such exorbitant

demands. The respondent further stated that in order to

claim upward wage revision, the fundamental

requirements is to specify the existing wage structure

and then plead and prove why the existing wage

structure as on the date of raising charter of demands

needs to be revised. Pleadings in the claim petition are

woefully short of such essential pleadings, there is

absolutely no legal, moral or contractual mandate that

on expiry of 12(3) settlement or 18(1) settlement

governing wages of workers, the employer is bound to

make an upward revision in wages and other amenities.

(vii) The balance sheet of Hindustan Unilever

Limited as a whole which is a conglomeration of as

many as companies manufacturing wide and different

ranges of products cannot be the factor to decide the

paying capacity of respondent, the performance of

respondent unit alone is the criteria for deciding its

financial capacity, the standard to guide the wages

revision. The prospect of respondent's company in

future is very bleak, there is no scope for increasing

the productivity of workers in near future in view of

suspension of production since 21-10-2008 and

resignation of 97 workers and transfer of remaining 66

workers, thus, there is no scope for considering the

request for any wage revision. Hence, the respondent

prays this Court to dismiss the claims made in the

dispute.

4. On the side of the petitioner, PW.l was examined,

and Ex.P1 to Ex.P33 were marked. On the side of the

respondent RW.1 was examined and Ex.Rl to Ex.R96

were marked.

700

LA GAZETTE DE L’ETAT

[18 July 2017

5. The point for consideration is that whether the

dispute raised by the petitioner sangam against the

respondent management over charter of demands such

as increase of Basic Pay for each grade, annual

increment, fixed dearness allowance for 2000 points,

variable

dearness allowance,

HRA,

production

incentive pay, etc., is justified or not?

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

the respondent, written arguments were filed and in

support of its case, the learned Counsel for the

respondent relied upon the following citations in

(i) CDJ 1965 SC 339

(ii) CDJ 1975 SC 518

(iii) CDJ 2005 Kar HC 403

(iv) Unreported citation in M/s. Bharati Bhawan

(P&D), Patna Vs. The State of Bihar and Ors on 29

July, 2015 - by High Court of Judicature at Patna in

Civil Writ Jurisdiction Case No. 9645of 2007.

7. It is the evidence of PW.1 that the trade union is

registered under the Trade Union Act and its members

are permanent workmen of the respondent factory

and service conditions of the workers are determined on

the basis of the settlement time to time entered and

the last wage settlement was signed on 24-10-2002 for

four years period came to an end on 24-10-2006 and

on expiry of the said settlement, the petitioner union

has raised a new charter of demands for wage increase

and other allowances for a period of four years from

24-10-2006 and the respondent did not offered any

wage increase after 24-10-2006 and they have not

come forward to negotiate the wage demand

with the petitioner and therefore, they raised the

industrial dispute over the revision of wage before the

Labour Officer(Conciliation), which was ended in

failure on 27-11-2008 and this case was referred to

this Court by the Government to decide the dispute

raised by the petitioner union against the respondent

management over charter of demands such as increase

of Basic Pay for each grade, annual increment, fixed

dearness allowance for 2000 points, variable dearness

allowance, HRA, production incentive pay, etc., are

justified or not and that the respondent suspend

the production and the workers were illegal laid off and

the respondent permanently closed the factory and

shifted the same to Potheri village, where the

respondent running the factory by the workers who

have opted VRS in the respondent factory and those

workers who had not opted VRS are denied

employment and that therefore, the said dispute has

been raised for fixation of wage, for the period worked

from 24-10-2006 to till the date of illegal lay off and

consequently shifted the factory to Potheri village

and the union members of the petitioner are entitled

arrears of revised wage from 24-10-2006.

8. In support of his evidence, the petitioner has

exhibited the registration certificate as Ex.P1 , list of

the union members as Ex.P2, Charter of demands as

Ex.P3, reply of the management as Ex.P4, Reply of the

petitioner union to the management as Ex.P5,

Conciliation notice as Ex.P6, Failure report of the

Conciliation Officer as Ex.P7, Reference made by the

Government as Ex.P8. These documents and evidence

would go to show that the petitioner union has raised

the charter of demands before the respondent

management and the same was denied by the

management and therefore, the conciliation notice was

issued and subsequently, the conciliation was failed

and the case was referred by the Government to this

Tribunal to decide the dispute over the charter of

demands. Furthermore, the petitioner has also

exhibited the Delivery challan in the name of the

respondent as Ex.P9, Profit and Loss account of the

respondent as Ex.P10, Form 20 B as Ex.Pll and Ex.Pl2,

declaration form submitted by the respondent as

Ex.P13, Export invoice cum delivery challan as Ex.P14

to Ex.Pl7, Form 23 AC as Ex.P18 to Ex.P20, Packing

list of Poothurai Factory as Ex.P21, Invoice cum

challan as Ex.P22, Invoice as Ex.P23, declaration

submitted by the respondent as Ex.P24, Consignee

copy of respondent factory as Ex.P25, Tax

information of the respondent factory as Ex.P26. the

financial performance 10 year track record as Ex.P27,

Wage settlement of Godrej as Ex.P28, Wage

settlement of NCR as Ex.P29, Wage settlement of

Hindustan Unilever Limited Daman Detergent Factory

as Ex.P30, Wage settlement of HUL Kandla as Ex.P3l,

wage settlement of HUL Brooke Bond Limited as

Ex.P32, wage settlement of Lucas Limited as Ex.P33.

From the documents, Ex.P9 to Ex.Pl2 would evident

that the company has not run in the profitable manner

and it has met a loss in the financial year 1-1-2007

to 31-12-2007 and these would go to show that the

company has no financial capacity and the documents

Ex.P28 to Ex.P33 would evident that some of the

related establishments have arrived the settlement to

raise the wages of the workers.

9. On the other hand, the respondent management

has examined the RW.1, the Executive HR of the

respondent company and he has deposed that the

petitioner union is not a recognized one and it is only

701

18 July 2017]

LA GAZETTE DE L’ETAT

the minority trade union when they submitted the

charter of demands to the respondent and that there

was two other unions in the respondent factory which

are majority union and that the respondent factory has

given best wages and other privileges to its workers

and on expiry of wage settlement in October, 2006

only the majority unions have submitted the charter of

demands and the respondent management has held

wage discussion with the PELWWA union as it was the

majority union and the workers of the petitioner union

have reduced their works by go slow tactics from

January 2007 and the production of the finished shoes

were reduced to 16 pairs per day and to improve the

same various notices were given by the respondent to

the union members and because of the continuous

defiance, the respondent could not revive production

and sustained losses for more than 3 years and the

establishment had to cease production on 21st

October, 2008 since there is no new orders and

continuous loss for more than 1½ years due to the

illegal activities of the workers and hence, it become

completely unviable and there was no new orders for

production and suspend the production activities with

effect from 21-10-2008 and offered Voluntary

Retirement Scheme to all the workers on 21-10-2008

and out of the total 163 workers, 97 workers accepted

the VRS and only 66 workers wanted re-employment

and that therefore, they have been transferred to

various units but, it was not accepted by the workers

and that they have raised the industrial dispute

challenging the transfer and other issues and it is

pending before this Court in I.D.No.3/2011 and that

claim statement is very vague and lacks material

particulars such as the last drawn wages of workers, the

precise and exact of revision to each of workers,

jurisdiction for such hike in the wage structure.

10. The respondent also exhibited Ex.Rl to Ex.R96.

Ex.R2 to Ex.R28 would evident that there was a

settlement for the year 2002-2006 made under section

18(1) of Industrial Disputes Act on 24-10-2002 and

the respondent factory has issued notice to improve the

production on various dates on 14-3-2007, 26-6-2007,

11-7-2007, 17-7-2007, 20-8-2007, 13-12-2007, 16-4-2008,

18-4-2008, 19-4-2008, 21-4-2008, 2-5-2008, 5-5-2008,

6-5-2008, 8-5-2008, 9-5-2008, 22-5-2008, 30-5-2008,

2-6-2008 and 7-8-2008, in which it was stated by the

respondent management that the workers not to indulge

in go slow production and the management has also

requested to restore normal production and other

notices were issued to the workers on 12-8-2008,

20-8-2008,

27-8-2008,

5-9-2008

and

9-9-2008

advising the workers to increase productivity and it is

also revealed from the Ex.R29 to Ex.R38 notices of

the management that the management has informed the

union and its members to avoid to tactics on go slow

production with details. Ex.R39 to Ex.R45 would also

evident that notices given by the respondent

management announcing the VRS scheme to the union

and its members on various dates. Ex.R46 to Ex.R83

would reveal that union has sent a letter to the

Conciliation Officer, Factory Manager, Labour

Commissioner, Station House Officer, Tahsildar and

these six workers have been transferred and the union

also sent a letter to Government authorities,

Conciliation Officer on VRS and conciliation

proceedings were failed on 20-2-2009 and that

therefore, the reference was made by the Labour

Department on 24-3-2009 and some of the employees

have opted for VRS and on 17-2-2010, the meeting was

held. Ex.R84 to Ex.R96 would reveal the fact that the

respondent company has made an agreement with

Maulik Leather Crafts and with Auroma Leather Crafts

and the said agreement was renewed by the respondent

management and also the said agreement was registered

and licence was obtained.

11. From the above evidence and documents, it is to

be seen that whether the petitioner has established

their case and whether they are entitled for the revised

scale as claimed by them in the claim statement. On

this aspect, the evidence and records are carefully

perused. These are the admitted fact that the members

of the petitioner union are the workmen of the

respondent factory till 21-10-2008 and that there was

settlement made between the respondent management

and the workers under section 18(1) of the Industrial

Disputes Act for a period of 4 years regarding their

revision of pay and it is also not in dispute that the

settlement came to an end on 30-9-2006 and

subsequently the petitioner union has raised the said

dispute claiming the wage revision and other

allowances from the respondent management. It is also

an admitted fact that the respondent has closed the

factory on 21-10-2008 and before the closure of the

factory, they have announced for the Voluntary

Retirement Scheme to its workers and the same was

accepted by the majority of workmen, 97 out of 163

and the remaining 66 were transferred to the other

units held by the respondent management and it is also

not in dispute that there was three union in the

respondent factory and the settlement was arrived in

the year 2002 for the period till 24-10-2006 with the

PELWWA union.

12. It is also admitted by both sides that the

respondent has suffered due to the go slow work and

was not able to run the factory profitably, various

notices were given to improve the production for the

702

LA GAZETTE DE L’ETAT

[18 July 2017

period from 2006 to 2008 and even after that notices

since there was no improvement in the production, the

company has been closed on 21-10-2008 and the

management has not accepted the charter of demands

made by the petitioner union to revise the wage and

allowances and it is also admitted that now, the factory

is not in existence and it was closed by the respondent

management in the year 2008 itself and except these

six employees, other employees have not raised any

dispute regarding their wages since they have accepted

18(1) settlement arrived between the respondent

management and the PELWWA union and most of the

employees have accepted the voluntary retirement

scheme and these employees have only raised this

dispute and the petitioner union members have not

signed the Ex.P3 and Ex.P5 and it is also admitted by

the petitioner union that the factory has been closed

since the production was very low and the factory was

not running profitably and that therefore, it can be held

that

closure

of

business

by

the

respondent

management is not illegal and that therefore, it is to

be decided whether the refusal made by the respondent

management to revise the wages and allowances to the

petitioner can be accepted or not.

13. It is the main contention of the respondent that

the petitioner union is a not a recognized union and it

can not raise the dispute for wage revision and also the

respondent factory has two more union in the name

PELWWA and PEUS which were the majority unions.

These fact would reveal from Ex.Rl that the trade union

in the name of PELWWA has signed the settlement,

dated 24-10-2002. On the other hand, it is also not

established by the petitioner that the petitioner union

is a major union and also recognized union and nothing

is before this Court to infer that it is a major union or

recognized by the respondent management. The

pleadings of the petitioner union is very silent with

regard to the above. On this aspect, the evidence of

PW.1 considered and the evidence of PW.1 runs as

follows:

“































Ex.P5





































trade union















trade union-





trade union-











Ex.P2W-







Pond’s

Exports Unit Welfare Association-







”

From the above evidence, it is clear that PW.1 has

admitted that there was three unions in the respondent

establishment and the petitioner union has not obtained

any signature from its members and the petitioner

union has not submitted the members list to the

Registrar of trade union and also admitted that

settlement under section 18(1) of the Industrial

Disputes Act arrived at between the respondent

management and PELWWA union on 24-10-2002 and

except these six union members others have accepted

the settlement and their salary has been revised. These

fact would go to show that petitioner himself admitted

that except these six union members, all other workers

of the respondent factory has accepted the settlement

and their salary has been revised as per the settlement

arrived at between the respondent management in the

year 2002 under section 18(l) of Industrial Disputes Act.

14. The learned Counsel for the respondent relied

upon the Judgment reported in CDJ 2005 Kar HC 403.

The President Labour Organization of HAL Vs. The

Management of Hindustan Aeronautics Limited wherein,

the Hon’ble Karnataka High Court has been held that-

703

18 July 2017]

LA GAZETTE DE L’ETAT

"In the instant case it is not in dispute that in the

industrial establishment there is another registered

trade union which admittedly has membership of

more than 80% of the employees. The management

has recognized the said union. In so far as the

petitioner union is concerned till today they are not

able to give list of the members of the union. They

are unable to state how many members are there in

their union. Though in the counter statement it was

specifically stated that the union is not duly

authorized to espouse the dispute and they have no

locus standi to represent the workers of the

establishment except producing the certificate of

registration, bye-laws and a copy of the resolution

passed by the Executive Committee nothing is placed

on record to show the membership of the union and

the number of persons it represent. In fact the

respondents have filed along with the

statement of objections an affidavit stating that

seven

members

who

have

subscribed

to

the

memorandum of association to the petitioner union

since

have

retired

on

reaching

the

age

of

superannuation and all of them earlier were

members of the recognized union and, therefore, it is

contended that this union is not a representative

union

of

the

employees

of

the

industrial

establishment and, therefore, they have no locus

standi to espouse the dispute. .................. Under

these circumstances, as rightly held by the Industrial

Tribunal, the petitioner is not a representative union

of the entire employees of the establishment, they

have no locus standi to raise this industrial dispute

and the Government was in total error even in

making the reference to the Industrial Tribunal for

adjudication, though this objection was raised by the

management at the earliest point of time, at the

conciliation. I do not find any merit in this petition.

Accordingly, it is dismissed. No costs”.

From the above observation, it is clear that the

dispute pertains to the entire labour force can be

raised only by the recognized majority union and the

union which is not a recognized one cannot be termed

as representative union of the employees of the

industrial establishment and therefore, the petitioner

union is not a representative union of the entire

workmen of the respondent establishment and they

have no locus standi to raise the industrial dispute and

it is also pointed out by the respondent Counsel that an

unrecognized union cannot raise the demands of

general nature and it can only negotiate the individual

problems of the members of individual nature and that

therefore, it is clear that the petitioner union has

absolutely no locus standi to raise the industrial

dispute of wage revision since it is the minority union

and also unrecognized by the respondent establishment

and furthermore, it is also pointed out by the

respondent management, the petitioner union has not

laid any evidence to prove the existing wage structure

of the respondent's factory and it is also not

established by the petitioner that which of the wage has

to be raised and on what basis it can be raised and

wage and allowance can be raised by putting the

material evidence before this Court and considering

the above facts that the financial position of the

respondent factory and what is the wage being obtained

by the other workers in the same industry situated in

the region and what is the emoluments that each and

every worker would receive if, the charter of demand is

accepted by the Tribunal have not been established by

the petitioner union.

15. Further, the learned Counsel for the respondent

has also relied upon the following decisions :

M/s Bharati Bhawan (P&D), Patna Vs. The State of

Bihar and Ors. on 29 July, 2015 - Civil Writ

Jurisdiction Case No. 9645 of 2007. Wherein, the

Patna High Court has been held that:

“In series of cases, it has been held by Apex Court

of this Country that fixation of wages and dearness

allowance has to be done on industry-cum-

region basis having regard to the financial capacity

of the industry. ................ The industrial

adjudicator has to take due note of the position of

the employer

per se and in relation to other

comparable concerns, the nature of the business of

the employer the financial capacity of the employer,

the financial and economic conditions.”

Mathura Prasad Srivastava & Others Vs. Saugor

Electric Supply Company Limited and Another reported

in CDJ 1965 SC 339, wherein, the Hon'ble Supreme

Court of India has been held that

“The Tribunal then considered the question of

revision of wages and in that connexion went

into the financial capacity of the company to bear the

burden of increase in wages. It found that the profit

of the company in the year 1959-60 was ` 32,986.

It also found that the increase in wage-scales

demanded by the workman would add ` 30,000 annually

to the wage-bill with a recurring increase of ` 5,000

annually on account of increments. It, therefore, held,

that the company was not in a financial position to bear

704

LA GAZETTE DE L’ETAT

[18 July 2017

the burden of increase in wages.......... We have already

set out the reasons which impelled the Tribunal to

reject the claim for revision of wages. The reasons

given by the Tribunal for not increasing the wages

appear to us to be sound. The financial position of the

company is such that it cannot bear the burden of

a further wage-increase. As the Tribunal has pointed out,

the net profit for the year 1959-60 was only ` 32,986.

While the wage-increase demanded was of the order of

` 30,000 for one year and thereafter, there would be an

increase at the rate of ` 5,000 per year on account of

incremental scales. Obviously, the company has not the

financial capacity to bear this increase in wages. We,

therefore, confirm the order of the Tribunal rejecting

the increase in wages.”

Sangam Press Limited Vs. Workmen reported in

CDJ 1975 SC 518, wherein, the Hon'ble Supreme Court

of India has been held that,

In a case of a fair wage, besides the principle of

industry-cum-region, the company's capacity to bear

the financial burden must receive due consideration.

The past performances of the company and the future

prospects with a totality of the picture must be present

in the mind of the adjudicator in deciding a dispute of

this nature.... ....Whether the Poona presses in the

aforesaid Award are comparable concerns may require

investigation into facts. We, therefore, declined to

permit the learned Counsel to sustain the Award on

other grounds in this appeal”.

From the above observations, it is also clear that the

Tribunal has to consider the financial capacity of the

company to bear the burden of increase in wages and

the profit of the company and the increase in wage-

scales demanded by the workmen has to be considered.

On this aspect, the documents exhibited by the

petitioner Ex.P10 to Ex.P12 were perused. Those

documents would reveal that the company was run of

profit of `1,137 for the period of 1-1-2006 to 31-6-2006

and also the company was on loss for a tune of

` 22,173 for the period of 1-1-2007 to 31-12-2007.

PW.1 has also admitted the above fact in his cross

examination and therefore, considering the financial

condition of the respondent factory, we can not

directed to revise the wage scale for the period as

claimed by the petitioner union and in this case also the

financial position of the respondent company to bear

the burden of increase of wages has not been

established by the petitioner.

16. These facts and circumstances would go to show

that the respondent company has been closed since the

company met with loss and has not earn any profit and

therefore, the reasons stated by the petitioner to

revise the wage and to increase the allowances can not

be accepted since the company has not having the

capacity to bear the increase in wages and that

therefore, the charter of demands cannot be accepted

as prayed by the petitioner and therefore, they are not

entitled for any relief as prayed for.

17. In the result, the petition is dismissed. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 6th day of April, 2017.

G. THANENDRAN,

Presiding Officer

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW. 1— 14-2-2014 - Pannerdasee

List of petitioner’s exhibits:

Ex.P1

8-8-1995

Copy

of

the

union

registration certificate.

Ex.P2 —

Copy of the union member

list.

Ex.P3

7-3-2008

Copy of the petitioner

union charter of demand.

Ex.P4

18-3-2008

Copy of

the

respondent

management reply.

Ex.P5

31-3-2008

Copy of the petitioner reply

to the management reply.

Ex.P6

21-5-2008

Copy of the Conciliation

notice.

Ex.P7 27-11-2008

Copy of the Failure report

Ex.P8 15-12-2008

Copy of the Government

reference.

Ex.P9

13-2-2009

Copy

of

the

Delivery

challan stands in the name

of respondent.

Ex.P10

—

Copy of the Profit and loss

account of the respondent

and Form 23 Ac submitted

before the Company Law

Board.

Ex.P11 31-3-2010

Copy of the Form 20B.

Ex.P12 25-7-2011

Copy of the Form 20B.

705

18 July 2017]

LA GAZETTE DE L’ETAT

Ex.P13 22-4-2013

Copy of the Declaration

Form

submitted

by

respondent before Central

Excise Department.

Ex.P14 22-4-2013

Copy of the Export invoice

of 3rd respondent.

Ex.P15 22-4-2013

Copy

of

the

Export

i n v o i c e - c u m - d e l i v e r y

challan.

Ex.P16 22-4-2013

Copy

of

the

Export

i n v o i c e - c u m - d e l i v e r y

challan.

Ex.P17 22-4-2013

Copy

of

the

Export

i n v o i c e - c u m - d e l i v e r y

challan.

Ex.P18

1-4-2013

Copy of the Form 23AC.

Ex.P19 20-7-2012

Copy of the Form 23AC.

Ex.P20 25-7-2012

Copy of the Form 23AC.

Ex.P21 27-7-2012

Copy of the packing list in

Poothurai factory.

Ex.P22 27-7-2012

Copy of the Invoice-cum-

challan.

Ex.P23 10-7-2012

Copy of the Invoice.

Ex.P24 10-7-2012

Copy of

the Respondent

declaration

sub mitted

before

Central

Excise

Department.

Ex.P25 27-7-2012

C o n si g n e e

c o p y

o f

respondent factory.

Ex.P26 28-7-2012

Copy of the Tax information

of the respondent factory.

Ex.P27 —

Copy

of

the

Financial

performance 10 year track

record.

Ex.P28

—

Copy of the Wage settlement

of Godrej.

Ex.P29 —

Copy of the Wage settlement

of NCR.

Ex.P3013-12-2007

C o p y o f t h e Wa g e

settlement of Hindustan

Unilever Limited Daman

Detergent Factory.

Ex.P31 4-12-2008

C o p y o f t h e Wa g e

settlement of HUL Kandla.

Ex.P32 23-3-2011

C o p y o f t h e Wa g e

settlement of HUL Brooke

Bond Ltd.,

Ex.P33 —

C o p y o f t h e Wa g e

settlement of Lucas Ltd.,

List of respodent’s witness:

RW. 1—22-1-2016 - Youvarajan

List of respodent’s exhibits:

Ex.R1—23-12-2015 - Letter of Authorization.

Ex.R2—24-10-2002 - Copy of the long term

settlement 2002-2006.

Ex.R3—07-02-2003 - Copy of the memorandum

of understanding.

Ex.R4—14-3-2007 -

Copy of the notice to

improve

production

displayed at factory.

Ex.R5—26-6-2007 -

Copy

of

the

notice

displayed at factory

Ex.R6—11-7-2007 -

Copy of the notice on go

slow and to improve

production displayed at

factory.

Ex.R7—17-7-2007 -

Copy of the notice to

improve

production/

quality

displayed

at

factory.

Ex.R8—20-8-2007 -

Copy of the notice to

improve

production

displayed at factory.

Ex.R9—13-12-2007 - Copy of the notice to

improve production displayed

at factory.

Ex.R10—16-4-2008 - Copy of the notice to

improve production displayed

at factory.

Ex.R11—18-4-2008 - Copy of the notice to

improve production and not

to indulge in go slow

displayed at factory.

Ex.R12—19-4-2008 - Copy of the notice to

improve production displayed

at factory.

Ex.R13—19-4-2008 - Copy of the notice to

desist from slowing down

displayed at factory.

Ex.R14—21-4-2008- Copy of the notice to

improve production displayed

at factory.

706

LA GAZETTE DE L’ETAT

[18 July 2017

Ex.R15—2-5-2008 -

Copy of the notice

on conveyor displayed at

factory.

Ex.R16—5-5-2008 -

Copy of the notice to

improve production displayed

at factory.

Ex.R17—6-5-2008 -

Copy of the notice to

restore normal production

displayed at factory.

Ex.R18—8-5-2008 -

Copy of the notice to

restore normal production

displayed at factory.

Ex.R19—9-5-2008 -

Copy of the notice to

improve production displayed

at factory.

Ex.R20—22-5-2008 - Copy of the notice to

improve production displayed

at factory.

Ex.R21—30-5-2008 - Copy of the notice to

improve production displayed

at factory.

Ex.R22—2-6-2008 -

Copy of the notice to

improve production displayed

at factory.

Ex.R23—7-8-2008 -

Copy of the notice on

go-slow

displayed

at

factory.

Ex.R24—12-8-2008 - Copy

of

the

notice

advising to restore normaly

displayed at factory.

Ex.R25—20-8-2008 - Copy of the notice advising

to increase productivity

displayed at factory.

Ex.R26—27-8-2008 - Copy of the notice advising

to increase productivity

displayed at factory.

Ex.R27—5-9-2008 -

Copy of the notice not to

indulge go-slow activities

displayed at factory.

Ex.R28—9-9-2008 -

Copy of the notice advising

to increase productivity

displayed at factory.

Ex.R29—21-6-2008 - Copy of the letter

to

union with annexures.

Ex.R30—5-7-2008 -

Copy of the letter to

PELWWA Union on go

slow with details.

Ex.R31—5-7-2008 -

Copy of the letter to PEUS

Union on go slow with

details.

Ex.R32—7-8-2008 -

Copy of the letter to

PELWWA Union on wage

cut and not to indulge in go

slow with details.

Ex.R33—19-8-2008- Copy of the letter to

PHLTS Union on go slow.

Ex.R34—1-9-2008 -

Copy of the letter to

Coordinated

Unions

Association regarding go

slow.

Ex.R35—4-9-2008 -

Copy of the letter to

Coordinated

Union’s

Association regarding go

slow/wage cut.

Ex.R36—10-9-2008- Copy of the letter to

Coordinated

Union’s

Association

regarding

forcing to remove mgt.

Ex.R37—11-9-2008- Copy of the letter to

Coordinated

Union’s

Association regarding delay

in

commencement

of

production.

Ex.R38—17-9-2008- Copy of the letter to

Coordinated

Union’s

Association regarding go

slow.

Ex.R39—11-10-2008- Copy of the letter from

PHLTS union.

Ex.R40—22-10-2008-Copy of the letter to

workers

by Coordinated

U n i o n ’s A s s o c i a t i o n

regarding VRS.

Ex.R41—21-10-2008- Copy of the notice on VRS

announcement by management.

Ex.R42—22-10-2008- Copy of the notice on VRS

announcement by management.

Ex.R43—23-10-2008-Copy of the notice on

VRS additional amount by

management.

Ex.R44—23-10-2008-Copy of the notice on

other benefits of VRS by

management.

707

18 July 2017]

LA GAZETTE DE L’ETAT

Ex.R45—25-10-2008 -Copy of the notice to the

VRS opted employees.

Ex.R46—29-10-2008 -Copy of the union letter to

Conciliation Officer.

Ex.R47—31-10-2008 -Copy of the union letter to

Factory Manager.

Ex.R48—1-11-2008 - Copy of the union letter to

Labour Commissioner.

Ex.R49—5-11-2008 - Copy of the letter to

Station House Officer.

Ex.R50—5-11-2008 - Copy of the letter to

Tahsildar.

Ex.R51—6-11-2008 - Copy of the report in

non-cognizable offences.

Ex.R52—5-11-2008 - Copy of the notice on

transfer.

Ex.R53—5-11-2008 - Copy of the transfer letters

of 66 with entitlements.

Ex.R54—6-11-2008 - Copy of the union letter to

Government Authorities on

VRS.

Ex.R55—6-11-2008 - Copy of the union letter

Conciliation

Officer

on

VRS.

Ex.R56—6-11-2008 - Copy

of

the

advisory

notice on overstay.

Ex.R57—6-11-2008 - Copy of the letter from

Conciliation

Officer

on

Service Condition.

Ex.R58—24-11-2008-Copy

of

the

reply

to

Conciliation Officer notice

6-11-2008.

Ex.R59—7-11-2008 - Copy of the Letter to

Inspector of Factories on

inspection.

Ex.R60—7-11-2008 - Copy of the letter to

Conciliation

Officer

on

overstay.

Ex.R61—7-11-2008 - Copy of the report from

Police Station to Labour

Commissioner.

Ex.R62—7-11-2008 - Copy of the notice on

overstay.

Ex.R63—7-11-2008 - Copy of the complaint

letter to Police Station by

Management.

Ex.R64—7-11-2008 - Copy of the notice on

overstay.

Ex.R65—8-11-2008 - Copy of the notices on

overstay.

Ex.R66—8-11-2008 - Copy of the letter to

Station House Officer on

unauthorized protests.

Ex.R67—15-11-2008- Copy of the notice to all the

transferred employees.

Ex.R68—21-11-2008- Copy of the notice of

enquiry from Conciliation

Officer.

Ex.R69—24-11-2008- Copy of the reply to

Conciliation

Officer

notice.

Ex.R70—22-12-2008-Copy of the notice from

Commissioner of Labour.

Ex.R71—2-1-2009 -

Copy of the letter by

Management

on

wages

dispute

to

Labour

Commissioner.

Ex.R72—22-12-2008-Copy of the notice from

Commissioner of Labour.

Ex.R73—5-1-2009 -

Copy of the reply letter to

notice from LC, dated,

22-12-2008.

Ex.R74—22-1-2009 - Copy of the letter to

Management to Conciliation

Officer on 2248/08/LO(C)/

All dispute.

Ex.R75—13-2-2009 - Copy of the letter from

union

to

Labour

Commissioner.

Ex.R76—20-2-2009 - Copy of the report

on failure of conciliation.

Ex.R77—24-3-2009 - Copy of the Government

order

Labour

Department

reference of ID.

Ex.R78—9-4-2009 -

Copy of the show cause

notice

from

Labour

Department.

Ex.R79—27-4-2009 - Copy of the reply from

Management on show cause

notice.

Ex.R80—1-6-1997 -

Copy

of

Confirmation

Order of an employee.

Ex.R81—4-2-2009 -

Copy of the letter from

Arokiyadass on request for

VRS.

708

LA GAZETTE DE L’ETAT

[18 July 2017

Ex.R82—30-4-2009- Copy of the letter from

P. Janakiraman on request

for VRS.

Ex.R83—17-2-2010- Copy

of

the

points

discussed

during

the

meeting on 17-2-2010.

Ex.R84—1-9-1999-

Copy of the agreement

with

Maulick

Leather

Crafts.

Ex.R85—1-8-2004-

Copy

of

the

Maulick

Leather

Crafts

renewal

letter.

Ex.R86—1-8-2008-

Copy

of

the

Maulick

Leather

Crafts

renewal

letter.

Ex.R87—31-8-2010- Copy of the Maulick

Leather

Crafts

renewal

letter.

Ex.R88—18-8-2011- Copy of the Maulick

Leather

Crafts

renewal

letter.

Ex.R89—1-10-2003- Copy of the agreement

with Auroma Leather

Crafts.

Ex.R90—4-9-2004-

Copy

of

the

Auroma

Leather

Crafts

renewal

letter.

Ex.R91—31-12-2007-Copy of the Auroma

Leather

Crafts

renewal

letter.

Ex.R92—26-12-2009-Copy of the Auroma

Leather

Crafts

renewal

letter.

Ex.R93—31-12-2010-Copy of the Auroma

Leather

Crafts

renewal

letter.

Ex.R94—31-12-2011- Copy of the Auroma

Leather

Crafts

renewal

letter.

Ex.R95—31-12-2011- Copy of the certificate of

Registration under Contract

Labour (Regulation and

Abolition) Act 1970.

Ex.R96—

—

Copy

of

the

factory

licence.

G. THANENDRAN,

Presiding Officer

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 10/Lab./AIL/G/2017, Puducherry, dated 29th June 2017)

NOTIFICATION

Whereas, the proposal for revision of minimum rates of wages payable to the employees engaged in Carpentry

and Blacksmithy Industries in the Union territory of Puducherry, was published as required under clause (b) of

sub-section (1) of section 5 of the Minimum Wages Act, 1948 (Central Act 11 of 1948) in the Labour Department's

notification issued vide G. O. Ms. No. 13/Lab./AIL/G/2016, dated 10th November, 2016, published in the Official

Gazette No. 48, dated 29th November 2016, inviting objections and suggestions from all persons likely to be affected

thereby, within sixty days from the date of publication of the said notification in the Official Gazette of Puducherry;

2. And whereas, the said Gazette notification was notified for information of the general public

on 29th November, 2016;

3. And whereas, pursuant to the said notification no objections or suggestions have been received within

the abovesaid stipulated time-limit;

4. And whereas, though no objections or suggestions have been received within the abovesaid stipulated

time-limit, a meeting was convened on 23-2-2017 with the employers' and employees' representatives under

the Chairmanship of Secretary to Government (Labour), Puducherry to hear their views/suggestions in respect

of the minimum rates of wages notified in the employment of Carpentry and Blacksmithy Industries in

the Union territory of Puducherry;