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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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

2017 }

| 15 {

No.

33

Poudouchéry

Mardi

15

Août

2017 (24 Sravana 1939)

No.

Puducherry

Tuesday

15th

August

2017



SOMMAIRES

CONTENTS



Page

Page

.. 832

Sentence arbitral du travail

.. 832

Award of the Labour Court .. 832

de tribunal.



.. 839

Notifications du Gouvernement

.. 839

Government Notifications .. 839



.. 884

Avis d’Adjudications

.. 884

Tender notices

.. 884



.. 885

Etablissements dangereux

.. 885

Dangerous Establishments

.. 885



.. 886

Annonces

.. 886

Announcements

.. 886

[ 831 ]

Registered with the Registrar

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

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

Dated : 15-8-2017

Price : ` 42-00

832

LA GAZETTE DE L’ETAT

[15 August 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 110/Lab./AIL/T/2017,

Puducherry, dated 10th July 2017)

NOTIFICATION

Whereas, an Award in I.D (T) No. 11/2010, dated

19-5-2017 of the Industrial Tribunal, Puducherry

in respect of the industrial dispute between the

management of M/s. Hindustan Unilever Limited,

Personal Products Factory, Puducherry and Ponds

(India) Limited Soap Division Employees Welfare

Union over charter of demands has been received;

Now,

therefore, in exercise of the powers

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

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

read with the

notification issued in Labour

Department’s G. O . M s . N o . 2 0 / 9 1 / L ab./ L , d a t e d

23-5-1991, it is hereby directed by the Secretary to

Government (Labour) that the said Award shall be

published in the Official Gazette, Puducherry.

E. VALLAVAN,

Commissioner of Labour-cum-

Additional Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Friday, the 19th day of May 2017

I.D. (T) No. 11/2010

Pond’s (India) Limited Soap Division

Employees Welfare Union,

Registration No. 664/RTU/1989,

Rep. by its Secretary

R. Murugan, Uruvaiyar,

Villianur, Puducherry.

. . Petitioner

Versus

The Factory Manager,

M/s. Hindustan Unilever Limited,

Personal Products Factory,

NH-45A, Vadamangalam,

Puducherry-605 102.

. . Respondent

This industrial dispute coming on this day before

me for hearing in the presence of Thiruvalargal

P.R. Thiruneelakandan and A. Mithun Chakkaravarthy,

Counsel for the petitioner and Thiruvalargal L. Sathish,

T. Pravin, S. Velmurugan, V. Veeraragavan, Advocates

for the respondent, upon perusing the case records,

this Court passed the following:

AWARD

1. This industrial dispute has been referred by the

Government as per the G. O. Rt. No. 213/AIL/Lab./J/2010,

dated 1-11-2010 for adjudicating the following:-

(i) Whether the industrial dispute raised by the

Pond's (India) Limited Soap Division Employees

Welfare Union (Registration No.664/RTU/1989)

against the management of M/s. Hindustan Unilever

Limited, Personal Products Factory, Vadamangalam,

Puducherry over charter of demands such as

increase of Basic Pay, Fixed DA., HRA. Attendance

Allowance, transport allowance, production

incentive, etc., is justified or not?

(ii) If justified, what relief, the union workmen

are entitled to?

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

terms of money if, it can be so computed?

2. In the industrial dispute, the Secretary of the

union has filed a claim statement for which the

respondent management has also filed a counter and

the case was being tried by this Court to decide

whether the dispute raised by the petitioner union

against the respondent management over the charter of

demands such as increase of Basic Pay, Fixed DA.,

HRA., Attendance Allowance, Transport Allowance,

Production incentive, etc., is justified or not.

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

petitioner the Counsel has endorsed that they have no

oral evidence and hence, no oral evidence was let in and

no exhibits were marked. On the side of the respondent

no evidence was let in and now, the case is pending for

respondent side evidence. Meanwhile, the newly

elected President of the petitioner union has filed

a petition in I.A. No. 68/2012 stating that the matter was

settled out of Court under the Memorandum of

settlement arrived at between the petitioner union and

the respondent management on 2-2-2010 and praying

to reject the claim petition filed by the then Secretary

of the petitioner union which was allowed by this

Court today.

833

15 August 2017]

LA GAZETTE DE L’ETAT

4. Both sides are heard. Records are perused. Since,

the dispute raised by the petitioner union was settled

out of Court between the parties under Memorandum of

Settlement arrived on 2-2-2010 the I.A. No. 68/2012

was allowed and the claim petition filed by the then

Secretary was rejected and hence, this industrial

dispute has to be closed by recording the settlement

and an Award has to be passed in terms of settlement

arrived at between the petitioner union and the

respondent

management under Memorandum of

Settlement, dated 2-2-2010.

5. The learned Counsel appearing for the respondent

management vehemently argued that the benefits of the

Memorandum of Settlement arrived on 2-2-2010

should not be given to the employees who have not

signed and accepted the same. However, mere reason

that they have raised the dispute over the wage revision

and contested the case against the respondent

management and not accepting the settlement which

was arrived at between the newly elected union

members and the respondent management are not at all

a sufficient reason to refuse the benefits of the

Settlement, dated 2-2-2010 to those employees and

therefore, all the members of the union are entitled

for the benefits and hence, it is also to be directed

the respondent management to give benefits of above

Memorandum of Settlement to all the members of the

union who were at the time of raising the industrial

dispute before the Conciliation Officer by the

petitioner union.

6. In the result, the industrial dispute is partly

allowed and the Award is passed in terms of

Memorandum of Settlement arrived at between the

petitioner union and the respondent management

on 2-2-2010 which is exhibited as Ex.R9 in

I.A.No.145/2013 and all the members of the petitioner

union who were at the time of raising the industrial

dispute before the Conciliation Officer by the

petitioner union are entitled for the benefit of the

abovesaid settlement. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 19th day of May, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

Nil.

List of petitioner’s exhibits:

Nil.

List of respondent’s witness:

Nil.

List of respondent’s exhibits :

Nil.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 111/Lab./AIL/T/2017,

Puducherry, dated 10th July 2017)

NOTIFICATION

Whereas, the Award I.D (L) No. 17/2014, dated

30-5-2017 of the Labour Court, Puducherry in respect

of the industrial dispute between the management of

M/s. Sun Beam Generator Private Limited, Puducherry

and S. Saravanan S/o. Srinivasan, Puducherry has been

received.

Now,

therefore, in exercise of the powers

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

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

read with the notification issued in Labour Department’s

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

directed by the Secretary to Government (Labour) that

the said Award shall be published in the Official Gazette,

Puducherry.

(By order)

E. VALLAVAN,

Commissioner of Labour-cum-

Additional Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL -CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Tuesday, the 30th day of May 2017.

I.D. (L) No. 17/2014

S. Saravanan,

S/o. Srinivasan,

No. L-38, Boomiyanpet Housing Board,

Jawahar Nagar, Puducherry.

. . Petitioner

834

LA GAZETTE DE L’ETAT

[15 August 2017

Versus

The Managing Director,

M/s. Sun Beam Generator

Private Limited, Puducherry.

. . Respondent

This industrial dispute coming up before me for

final hearing on 2-5-2017 in the presence of

Thiruvalargal R.T. Shankar, A. Ashok Kumar and

P. Suresh, Counsel for the petitioner and Thiru

R. Ilancheliyan, Advocate 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. 50/AIL/Lab./J/

2014, dated 18-3-2014 for adjudicating the following:

(i) Whether the dispute raised by the petitioner

Thiru S. Saravanan against the management of

M/s. Sun Beam Generators Private Limited,

Puducherry over non-employment is justified?

If justified, what relief, he is entitled to ?

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

terms of money if, it can be so computed?

2. The averments in the claim statement filed

by the petitioner, in brief, are as follows :

(i) The petitioner joined with the respondent

establishment as Forklift Operator on and from

6-2-2007 and he was working very sincerely with

full dedication without any blemish with the

respondent management and therefore, after a long

time the respondent management permanent the

petitioner and that the respondent management were

paid low wages and statutory benefits were not

extended to the employees, most of the workers are

placed as temporary workers for a long period

without making permanent and the workers are

working beyond working hours and also during

holidays and hence, the employees were formed one

trade union in order to have collective bargaining

and to get their statutory benefits. Under such

circumstances the respondent management has

adopted unfair labour practices against the office

bearers as well as members of the trade union to

deprive the workmen of their legitimate rights

created under the Labour Laws.

(ii) It is further stated that the respondent

management insisted and threatened the petitioner

to quit from the union and to give apology letter to

the management but, the petitioner did not accept

the same therefore, the management refused the

employment of the

petitioner without

any

reasonable cause on and from 12-6-2012 and in this

regard the petitioner gave a representation on the

same day before the Labour Officer, Conciliation

and in response to the same, the management sent

one pre dated show cause notice to the petitioner

with false and fake allegations and appeared before

the Labour Officer (Conciliation) and insisted the

petitioner to cooperate for domestic enquiry.

Further, the Labour Officer (Conciliation) advised the

petitioner to take part in the domestic enquiry and

as such the petitioner agreed for the domestic

enquiry and same was completed on 29-10-2012.

But, the management not furnished the enquiry

report and refused the employment of the petitioner.

The management conducted one domestic enquiry as

against the principles of natural justice and even

after elapse of 6 months of completion of domestic

enquiry, the management neither furnished the

domestic enquiry report nor gave employment to

the petitioner.

The

management without any

concrete decision prolonging the issue with an

intention to have revenge on the union members.

Hence, the petitioner union requested the Labour

Officer, Conciliation to intervene in the matter and

advise the management to reinstate the petitioner

with backwages and other benefits.

(iii) It is further stated that the respondent

management terminated the petitioner on 17-10-2013

when the conciliation was pending for which the

conciliation authority advised the management that

during pending conciliation, the management should

not issue termination notice and also advised to

reinstate the workers who are suspended as well as

transferred, but, the same was not accepted by the

management. The petitioner union and the petitioner

was raised a dispute for job protection and refusal

of employment as against the respondent management

and the same was pending before the Labour Officer

(Conciliation), Puducherry under such circumstances

the respondent management has no right or

prima facie to terminate the employees of the

petitioner union including the petitioner and

therefore, such act of the respondent management

is a contravention of the provisions of section 33 of the

Industrial Disputes Act and as per the provisions under

section 33 of Industrial Disputes Act during the

pendency of the proceedings, the respondent

835

15 August 2017]

LA GAZETTE DE L’ETAT

management has to obtain previous permission from

the concern authority, but, the respondent

management has adamantly violated the same in

dismissing the petitioner, which is already disputed

one and therefore, prayed this Court to direct the

respondent management to reinstate the petitioner

with full backwages, continuity of service and all

other attendant benefits.

3. The brief averments of the reply statement filed

by the respondent are as follows :

(i) The respondent denied all the averments made

by the petitioner and stated that the petitioner was

working as Forklift Operator in the respondent

company with specific condition that he should

strictly follow the safety norms of the company and

also he should abide all the terms and conditions

prescribed in the HR. policy of the company.

However, in violation of the same, the petitioner

used to be a habitual offender and was not following

the safety norms and the HR. policy prescribed by

the company and on 20-4-2012, the petitioner drove

the forklift very rashly inside the work premises and

was attempting to dash the Assistant Manager-HR.,

when he was asked about his rash and wilful act the

petitioner gave a casual and lethargic reply and

subsequently on 4-5-2012, the petitioner left the

work place without any prior permission for about

30 minutes and was speaking on the mobile phone

in the bathroom and when the Production Manager

asked about his act, the petitioner used abusive

language against him and again on 5-5-2012 when

the General Manager-HR and IR and the loading

Supervisor were speaking inside the factory, the

petitioner without any reason intervened and made

unwanted comments using abusive language and on

6-6-2012, the petitioner was asked to operate the

forklift to unload the Generator he desserted the

forklift abruptly without telling any reason and left

out. In such a way, the petitioner continued to be

indulging in various misconducts and his attitudes

were indifferent and became uncontrollable.

Therefore, with a view of knowing the reason for his

indifferent attitude and changing behaviour, it was

proposed to conduct an enquiry through an

independent Enquiry Officer. Since, the behaviour

of the petitioner was indifferent and likely to cause

injury, he was placed under suspension pending

enquiry. The notice dated 11-6-2012 was issued to the

petitioner and the petitioner refused to receive and

raised an industrial dispute before the Labour

Officer (Conciliation) alleging that he was

prevented from attending his work and therefore, the

dispute raised by the petitioner was only an attempt

to stop the disciplinary proceedings.

(ii) It is further stated that the petitioner was

appointed as a Trainee with effect from 1-2-2007

and subsequently, he was placed on probationer and

the period of probation was also confirmed in

writing and he was also given periodical increments

and was even given revision of wages for the

financial year 2011-2012 and his annual CTC

was fixed as ` 15,692 by an order, dated 29-4-2011

and the petitioner was also given all the

statutory benefits such as PF, ESI. and so on which

is a clear proof of healthy managerial practice

followed by the respondent and further, the

petitioner was also given subsistence allowance

during the period of suspension under the Industrial

Employment Standing Orders Act, 1946 and further

on the charges levelled against the petitioner enquiry

was conducted by giving full opportunities to him

to take the assistance of co-worker and examined

himself and to cross examine the witnesses, to

produce evidence and so on and a show cause notice

was

issued

communicating

the

proposed

punishment. The reply given by the petitioner was

not satisfactory and proportion to the misconduct

committed by the petitioner, his services were

terminated and the enquiry was conducted by

following the principles of natural justice and

therefore, the petitioner is not entitled for

re-employment, backwages or any other benefits

and prayed for dismissal of claim petition.

4. In the course of enquiry PW.l and PW.2 was

examined and Ex.P1 to Ex.P17 were marked and on the

side of the respondent RW.l was examined and Ex.Rl

to Ex.R15 were marked.

5. The point for consideration is:

Whether the petitioner is entitled for the order of

reinstatement with backwages, continuity of service

and all other attendant benefits or not ?

6. Both sides are heard. The submission of both the

parties, the evidence let in by either sides and the

exhibits marked on both sides are carefully considered.

The learned Counsel appearing for the petitioner argued

that the petitioner has not been given full opportunity

in the domestic enquiry and the domestic enquiry has

not been conducted properly by following the

principles of natural justice and in support of his

contention the learned Counsel has relied upon the

Judgment reported in CDJ 2002 SC 195, Jaipur, Zila

Sahakari Bhoomi Vikas Bank Limited, Vs. Shri Ram

Gopal Sharma and Others. On the other hand, the

learned Counsel appearing for the respondent

management has filed a written argument and he has

also relied upon the following Judgments :

836

LA GAZETTE DE L’ETAT

[15 August 2017

* Manilal

Vs. Matchless Industries of India

(Delhi HC 2016 LLR 72),

* Biecco Lawrie Limited, Anr, Vs. State of West

Bengal and Anr.(SCC 2009 LLR Pg.1057),

* Sh.Mohd.Azim Vs. Sarv UP Gramin Bank (Delhi

HC 2015 LLR 464),

* L.K. Verma Vs. H.M.T. Limited, (SCC 2006

LLR 296),

* Ashok Kumar Sharma Vs. Oheroi Fligh Services

(SCC 2009 LLR 1281),

* Novartis India Limited, Vs. State of West

Bengal and others (SCC 2008 CDJ 2046),

* High Polymer Laboratories

Vs. Jagadish

Chand and Anr.(Punjab and Haryana HC 2007 LLR

166).

7. From the pleadings of both the parties it is clear

that the following fact are admitted by both the parties

that the petitioner was in service of the respondent

establishment from the year 2007 and the respondent

management has refused the employment of the

petitioner on and from 12-6-2012 and the said

petitioner has raised the industrial dispute before the

Conciliation Officer and a show cause notice was given

to him and the domestic enquiry was conducted against

the petitioner which was completed on 29-10-2012

and the respondent management has terminated the

petitioner, on 17-10-2013.

8. It is the case of the petitioner that he had been

in service from the year 2007 in the respondent

establishment and after a long time of service the

respondent management has confirmed him as

permanent employee of the respondent establishment

and the trade union members has demanded the

legitimate right while so, the management has insisted

him to quit from the union and to give apology letter

to the management for which he refused and therefore,

the respondent management has refused employment

on and from 12-6-2012 for which the petitioner

approached the Labour Officer, Conciliation and raised

a dispute against the respondent management on the

same day and thereafter the domestic enquiry

was initiated by the respondent management which was

completed on 29-10-2012 and the enquiry was

conducted against the principles of natural justice and

it is not a fair enquiry and even after elapse of 6 month

of completion of domestic enquiry the respondent

management has refused to give employment to the

petitioner and also has not furnished the domestic

enquiry report and only to take revenge on the union

members, the management has terminated the

petitioner on 17-10-2013 while the conciliation was

pending and in order to prove his case, the petitioner

has examined himself as PW.l and he has stated all the

above facts in his evidence and in support of the case

the petitioner has also examined Ramachandiran, President

of the Union as PW.2 and he has reiterated the

evidence of PW.l and in support of the oral evidence

of PW.l and PW.2 they have marked Ex.Pl to Ex.P17.

9. On the other hand, the respondent management

has examined one R. Sakthi as RW.1 and he has deposed

that petitioner was working as Forklift Operator and he

has not followed the safety norms of the company and

he has not abiding the terms and conditions prescribed

in the policy of the company and he has violated the

same and he is a habitual offender and not followed the

safety norms he drove the forklift very rashly, on

20-4-2012 and has attempted to dash the Assistant

Manager-HR., when he was asked about his rash and

willful act he gave a casual and lethargic reply and on

4-5-2012, the petitioner left the work place without any

prior permission for about 30 minutes and was

speaking on the mobile phone in the bathroom when

it was questioned by the Production Manager, the

petitioner has used abusive language against the

Production Manager and again on 5-5-2012, when the

General Manager and the loading Supervisor were

speaking inside the factory the petitioner without any

reason intervened and made unwanted comments using

a abusive language and on 6-6-2012 the petitioner was

also asked to operate the forklift to unload the

Generator but, he deserted the forklift abruptly without

telling any reason and left out and therefore, the

behaviour of the petitioner indifferent and became

uncontrollable he was placed under suspension and the

notice was issued on 11-6-2012 which was refused to

receive by the petitioner and he has raised industrial

dispute before the Labour Officer (Conciliation)

alleging that he was prevented from attending his work.

10. In support of its case the respondent has

exhibited Ex.Rl to Ex.Rl5. The complaint given against

the petitioner by the co-workers are exhibited as Ex.R1

to Ex.R4. The suspension order was exhibited as

Ex.R5. The industrial dispute raised by the petitioner

before the Conciliation Officer was exhibited as Ex.R6.

The reply letter given by the respondent management

to the Labour Officer on 5-7-2012 was exhibited as

Ex.R7. The enquiry proceedings were exhibited as

837

15 August 2017]

LA GAZETTE DE L’ETAT

Ex.R8. The enquiry report was exhibited as Ex.R9. The

second show cause notice was exhibited as Ex.R10.

The reply letter given by the petitioner was exhibited

as Ex.Rl1. The termination order issued to the

petitioner, on 17-10-2013 was exhibited as Ex.R12.

The order of appointment for trainee was exhibited as

Ex.Rl3. The revision of wages-cum-Probation order

was exhibited as Ex.R14. The confirmation order was

exhibited as Ex.R15. These documents would go to

show that there was some complaint made by co-

workers and the petitioner was suspended and he has

raised the industrial dispute, on 12-6-2012 and

subsequently a show cause notice was issued to the

petitioner and he was terminated from service on

17-10-2013.

11. It is the main contention of the petitioner that

the act of termination of the petitioner from service

while industrial dispute is pending before the

Conciliation Officer is against the provisions of

section 33 of the Industrial Disputes Act, Admittedly

the petitioner has raised the industrial dispute

on 12-6-2012 and thereafter, the domestic enquiry was

initiated by the respondent management appointing

one Advocate A. Thilagavathi and after completion of

domestic enquiry, a enquiry report was filed by the

Enquiry Officer on 1-3-2013 and that therefore, it is

clear from the records that when the industrial dispute

is pending before the Labour Officer (Conciliation)

which was raised by the petitioner, on 12-6-2012

without the express or previous permission of the

Conciliation Officer the respondent management has

terminated the petitioner employee from service

against the provision under section 33(l)(b) of the Act.

The section 33(l)(b) of the Act would runs as follows:

"For any misconduct connected with the dispute,

discharge or punish, whether by dismissal or

otherwise, any workmen concerned in such dispute,

save with the express permission in writing of the

authority before which the proceeding is pending".

And that therefore, it is the clear violation of the

Sec.33(l)(b) of the Act that the respondent

management have not obtained any previous

permission for the dismissal of the petitioner.

12. Furthermore, on perusal of Ex.R8-enquiry

proceedings, which would reveal that the petitioner has

raised his objection regarding the appointment of the

Enquiry Officer and he has submitted the letters on

25-8-2012 and 8-8-2012 asking the management to

appoint another Enquiry Officer stating that he has no

faith on the Enquiry Officer for which the respondent

management has refused and that petitioner alone

participated in the domestic enquiry and further, it

reveals from the Ex-R9-enquiry report that the enquiry

was conducted by the same officer and the petitioner

has not been permitted to assist by somebody else, the

co-worker and further, it reveals that the report has

been prepared by the Enquiry Officer only on 1-3-2013

while the domestic enquiry was completed on

29-10-2012 for which no explanation was given by the

Enquiry Officer for submission of enquiry report after

lapse of four months of completion of enquiry.

Furthermore, it reveals from the Ex.R9, that the

Enquiry Officer has not furnish the list of witnesses

which are going to be examined on the side of the

management and the workmen has not served the list

of witnesses proposed to be examined in the enquiry.

It is the elementary principles of an enquiry that the

person who required to answer the charge memo not

only know the accusation, but, also testimony by which

the accusation is supported. But, in this case, the

Enquiry Officer has not furnished the list of witnesses

to the employee before commencing the enquiry and

the employee has not been furnished the list of

witnesses proposed to be examined on the side of the

management and on the enquiry also the assistance of

another staff or colleague of his own was not

permitted to participate in the enquiry. Further, the

conciliation failure report-Ex.Pl2 would also reveal

that the Conciliation Officer also has advised the

respondent management to reinstate the workmen.

13. Considering the above fact that the domestic

enquiry was conducted in a biased manner and the

respondent management by terminating the petitioner

while the conciliation is pending has violated the

provisions of section 33(l)(b) of the Act, this Court

held that the reason assigned by the respondent

management for the dismissal of the petitioner from

the respondent establishment that the petitioner has

misbehaved is not a reasonable one and erroneous and

therefore the industrial dispute raised by the petitioner

over the non-employment is justified and he is entitled

for an order of reinstatement and hence, the petitioner

can get the benefit of reinstatement. In respect of the

backwages and other attendant benefits absolutely there

is no evidence that the petitioner was not working

anywhere else after the dismissal and that therefore,

he cannot be given full backwages. However,

considering the fact and circumstances of this case and

the fact that the respondent management has not elicit

any evidence that petitioner is working anywhere else,

this Court is inclined to hold that the petitioner is

entitled for 50% of the backwages and other attendant

benefits with continuity of service.

838

LA GAZETTE DE L’ETAT

[15 August 2017

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

the industrial dispute raised by the petitioner over the

non-employment is justified and an Award is passed by

directing the respondent to reinstate the petitioner in

service with continuity of service and further directed

to pay 50% of backwages to the petitioner from the

date of termination till the reinstatement with other

attendant benefits. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 30th day of May, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of

petitioner’s witnesses:

PW.1 — 17-2-2015 —Saravanan

PW.2 — 6-11-2015—Ramachandiran

List of petitioner’s exhibits:

Ex.Pl

—

11-6-2012 —

Notice sent by the

r e s p o n d e n t

management

to

the

petitioner.

Ex.P2

—

12-6-2012 — Dispute raised by the

petitioner union before

the

Labour

Officer

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

Puducherry.

Ex.P3

—

12-6-2012 —

Letter sent by the

petitioner to the

r e s p o n d e n t

management.

Ex.P4

—

11-6-2012 —

Notice sent by the

r e s p o n d e n t

management

to

the

petitioner.

Ex.P5

—

30-7-2012 —

Letter submitted by the

petitioner

to

the

Enquiry Officer.

Ex.P6

—

05.07.2012 — Reply submitted by

t h e

r e s p o n d e n t

management

before

the

Labour

Officer

(Conciliation).

Ex.P7

—

23-4-2013 —

Copy of the letter

submitted

by

the

petitioner before the

La b o u r

Of f i c e r

(Conciliation).

Ex.P8

—

19-7-2013 —

Letter sent by the

r e s p o n d e n t

management

to

the

petitioner.

Ex.P9

—

20-8-2013 —

Copy

of

the

reply

letter sent by the

petitioner

to

t h e

r e s p o n d e n t

management.

Ex.P10 —

17-10-2013 — The termination order

sent by the respondent

management

to

the

petitioner.

Ex.Pll

—

Several

— Enquiry proceedings.

dates.

Ex.P12 —

3-12-2013 — Failure report submitted

by the Labour Officer

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

Puducherry.

Ex.P13 —

18-3-2014 — Notification issued by

the

Government

of

Puducherry.

Ex.P14 —

26-1-2012 — Copy of the minutes of

the meeting.

Ex.P15 —

1-2-2012

— Copy of the Trade

Union

Registration

Application submitted

before the Register of

Trade Union, Puducherry.

Ex.P16 —

27-2-2012 — Copy of the intimation

letter submitted by the

petitioner

union

to

t h e r e s p o n d e n t

management.

Ex.P17 —

Various

— Copy of the transfer

dates

order, suspended order,

dismissal order issued

by

the

respondent

management.

List of

respondent’s witness:

RW.1 — 15-3-2016

—

R. Sakthi

839

15 August 2017]

LA GAZETTE DE L’ETAT

List of respondent’s exhibits:

Ex.Rl —20-4-2012

— Copy of the complaint

letter given by C. Nargunan,

Assistant Manager-HR.

and IR.

Ex.R2 —4-5-2012

— Copy of the complaint

letter given by Mr. Abdul

Rakoop, Vice-President-

Manufacturing

Ex.R3 —5-5-2012

— Copy of the complaint

l e t t e r

g i v e n

b y

Mr. Govindhan.

Ex.R4 —6-6-2012

— Copy of the complaint

l e t t e r

g i v e n

b y

M r. P. Vi j a y a r a j , I T

Department.

Ex.R5 —11-6-2012

— Copy of the Suspension

order cum enquiry notice

sent by the respondent

with registered post slip

and acknowledgment card.

Ex.R6 —12-6-2012

— Copy of the industrial

dispute raised by the

petitioner before the Labour

Officer (conciliation).

Ex.R7 —5-7-2012

— Copy of the letter given

by the respondent to the

L a b o u r

Of f i c e r

(conciliation).

Ex.R8 —Various

— C o p y o f t h e E n q u i r y

dates.

proceedings.

Ex.R9 —1-3-2013

— Copy of the Enquiry

report.

Ex.R10—19-7-2013

— Copy of the second show

cause notice issued to

the petitioner.

Ex.Rl1—20-8-2013

— Copy of the reply

letter given by the

petitioner

Ex.Rl2—17-10-2013 — Copy of the Termination

order

issued

to

the

petitioner.

Ex.R13—6-2-2007

— Copy of the Order of

Appointment for Trainee.

Ex.Rl4 —22-6-2009

— Copy of the Revision

of wages-cum-Probation

order.

Ex.R15—3-4-2010

— Copy of the Revision of

wages-cum-confirmation

order.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

INDIAN RAILWAYS

OFFICE OF THE CHIEF PROJECT

DIRECTOR

Railway Electrification

Egmore, Chennai

No. ETR/252/RE/2449/EIG.

Chennai, dated 22nd June 2017.

ANNEXURE – I

Proforma 10-01

PUBLIC NOTIFICATION

Notice is hereby given to all users of Railway lines

and premises situated on the completed section of the

under noted sections of the Southern Railway that the

25,000 Volt 50 Hz., AC. Overhead Traction wires will

be energized on or after the date specified against the

sections. On and from the same date the Overhead

Traction line shall be treated as ‘LIVE’ at all times and

no unauthorized person shall approach or work in the

proximity of the said Overhead lines.

Section

Date

Tiruchchirappalli-Nagapattinam-Karaikal 31-12-2017

CHIEF PROJECT DIRECTOR,

Railway Electrification,

Egmore,Chennai – 600 008.

————

INDIAN RAILWAYS

OFFICE OF THE CHIEF PROJECT

DIRECTOR

Railway Electrification

Egmore, Chennai

ANNEXURE – II

INTRODUCTION OF AC 25 KV TRACTION

Proforma 10-02

“WARNING TO ROAD USERS”

It is notified for information of the public that in

connection with introduction of 25 KV AC Electric

Traction on and from the dates mentioned against the

following sections of Southern Railway, height gauges