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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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

2017 }

| 22 {

No.

34

Poudouchéry

Mardi

22

Août

2017 (31 Sravana 1939)

No.

Puducherry

Tuesday

22nd

August

2017



SOMMAIRES

CONTENTS



Page

Page

.. 892

Sentence arbitral du travail

.. 892

Award of the Labour Court .. 892

de tribunal.



.. 905

Notifications du Gouvernement

.. 905

Government Notifications .. 905



.. 910

Avis d’Adjudications

.. 910

Tender notices

.. 910



.. 917

Etablissements dangereux

.. 917

Dangerous Establishments

.. 917



.. 921

Annonces

.. 921

Announcements

.. 921

[ 891 ]

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 : 22-8-2017

Price : ` 24-00

892

LA GAZETTE DE L’ETAT

[22 August 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 112/Lab./AIL/T/2017,

Puducherry, dated 10th July 2017)

NOTIFICATION

Whereas, the Award in I.D. (L) No. 16/2013,

dated 10-5-2017 of the Labour Court, Puducherry in

respect of the industrial dispute between the

Management of Sigma Pack, Mannadipet Commune,

Puducherry and its workers Thiruvalargal D. Manikandan,

A. Kuppusamy and K.R. Kumaravel, Puducherry over

non-employment has been received;

Now, therefore, in exercise of the powers conferred

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

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

with the notification issued in Labour Department’s

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

hereby directed by Secretary to Government (Labour)

that the said Award shall be published in the Official

Gazette, Puducherry.

(By order)

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.

Wednesday, the 10th day of May 2017.

I.D. (L) No. 16/2013

1. D. Manikandan,

2. A.Kuppusamy,

3. K.R.Kumaravel.

. . Petitioners

Versus

The Managing Director,

M/s. Sigma Pack,

No.85/2, Thirukkanur Main Road,

Kodathur, Mutrampet Post,

Mannadipet Commune,

Puducherry.

. . Respondent

This industrial dispute coming up before me for

final hearing on 26-4-2017 in the presence of

Thiru P. Manivannan, Counsel for the petitioners and

Thiru G. Krishnan, 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

This industrial dispute has been referred by the

Government as per the G. O. Rt. No. 23/AIL/Lab./J/2013,

dated 26-2-2013 for adjudicating the following:

(a) Whether the dispute raised by Thiruvalargal

D. Manikandan, A.Kuppusamy and K.R.Kumaravel

against the management of M/s. Sigma Pack,

Puducherry, over non-employment is justified or not?

(b) If justified, what relief the workmen are

entitled to?

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

terms of money, if it can be so computed?

2. The averments in the claim petition filed by the

petitioners are stated as follows:

(i) The first petitioner joined the service of the

respondent company on 5-2-2000 and was confirmed

on 1-9-2002 as an Operator. The second petitioner

joined the service of the respondent company

on 13-11-2001 and was confirmed on 1-3-2003 as

Fork Lift Operator. The third petitioner joined in

service on 17-4-2002 and was confirmed on 1-10-2004

as an Operator. The respondent company acted

against the right and the welfare of the workers

without giving rightful salary and these petitioners

have approached the Conciliation Officer through

their Union on 22-11-2010 and 24-11-2010 and the

settlement was arrived in between the respondent

company and their Union on 27-4-2011 and as per the

settlement the company agreed for yearly increments

and allowances from 1-11-2010 to 30-11-2013 for

three years and the company from January, 2012

onwards individually threatened and insisted the

workers that they intend to close down the company

in the month of March, 2012 to evade the taxes from

the Government and insisted voluntary resignation

from the workers and nearly 50 workers put their

signature in the blank papers, the respondent

company will be closed down and restarted in one

month assured by them.

(ii) The respondent company never given any lock

out or closure notice as per law to any workmen

including the petitioners till 4-5-2012 and the

respondent illegally made the workers to resign

893

22 August 2017]

LA GAZETTE DE L’ETAT

their job and sheds crocodile tears for running the

company and illegally try to close down the company.

The management threatened the petitioners that they

will be transferred if, they do not accept for

resignation and therefore, the petitioners filed an

individual complaint on 4-5-2012 and requested the

Labour Officer (Conciliation) to pass an order to the

respondent company to provide employment to the

petitioners till the lawful closure and on 21-5-2012,

the conciliation done before the Conciliation

Officer on 23-5-2012 and conciliation initiated

wherein the petitioners requested employment till

lawful closure of the company and conciliation

proceedings adjourned to 26-6-2012. While the

petitioners went for work as usual on 11-6-2012 the

management not allowed to enter into the company

and that they have close down the factory

permanently. The respondent company sent a letter

on 11-6-2012 the notice of termination on account

of closure on 7-6-2012 in person on 9-6-2012 at

about 4.30 p.m. Further, the respondent company

also enclosed a cheque bearing No. 226931, dated

11-6-2012 for

` 75,357 to the 1st petitioner, a

cheque bearing No. 226933, dated 11-6-2012 for

` 69,525 to the 2nd petitioner, a cheque bearing

No. 226932, dated 11-6-2012 for ` 60,803 to the

3rd petitioner towards the petitioners full and final

settlement of accounts. The petitioners were served

with the letter, dated 11-6-2012 and the same was

vehemently denied by the petitioners by their reply

letter, dated 21-6-2012. No notice of termination

on account of closure, dated 7-6-2012 was tendered

to the petitioners at any point of time in person and

further, no notice were annexed with the letter,

dated 11-6-2012. Since, the conciliation proceeding

were

pending

before

the

Labour

Officer

(Conciliation), Puducherry in No. l203, 1204,

1205/2012/LO(C)/All the closure of the respondent

company is most illegal. It deems to be a lockout

which is also unlawful.

(iii) As per the Industrial Disputes Act, the

respondent company shall serve at least two months

or three months before the date on which the

intended closure is to become effective, a notice,

in

the prescribed manner, on the appropriate

Government stating clearly the reason the intended

closure of the company, but, the respondent

company never stick on to the provisions

contemplated under the Industrial Disputes Act. The

respondent company cheated the workers by illegal

closure and the same is deemed to be a lock out and

while pending conciliation proceedings, the

respondent company made a full and final settlement

on their accord is illegal and had violated the

provisions under the Industrial Disputes Act, in order

to appoint a new labour or workers to run a company

in another name to evade the tax from the

Government and the permanent closure of the

company is the drama set up by the respondent

company and hence, the petitioners are entitled for

back wages and other benefits. The petitioners

individually sent a reply, dated 21-6-2012 by

stating the above facts through R.P.A.D to the

respondent company and they will return back the

cheques in the presence of the Conciliation Officer

and the said reply letter was acknowledged by the

respondent company on 22-6-2012.

(iv) A cheque sent by the respondent management

to the petitioners were handed over to Mr. S. Giridharan

(Commercial Manager) in person on 26-6-2012 in

conciliation proceedings, but, he refused to receive

the same. Thereafter, the petitioners are constrained

to send back the abovesaid original cheques to the

respondent company by covering letter, dated

27-6-2012 through R.P.A.D. and the same was

ackno wledged by the resp ond ent company.

The

petitioners insisted the Labour Officer

(Conciliation), Puducherry for employment in the

respondent company since, the closure is illegal one.

The petitioners never proposed for any full and final

settlement. But, the respondent company was very

much particular for full final settlement and they

proposed for a sum of ` 1,83,518.54, ` 1,69,925.00

and

` 1,44,418.38 to the petitioners 1 to 3

respectively. Since, the respondent company does

not come forward to provide employment to the

petitioners, they insisted to close down the

conciliation proceedings and to refer the matter to

this Hon’ble Court for proper consideration and

adjudication.

(v) The 1st petitioner was served with another

notice of enquiry/conciliation, dated 26-9-2012 to

appear before the Labour Officer (Conciliation),

Puducherry on 3-10-2012 at 11.00 a.m. for

amicable settlement. The petitioners appeared

before

the

Labour

Officer

(Conciliation),

Puducherry and they stated their inability that they

are very particular about their employment and they

never insisted for any full and final settlement.

Therefore, the petitioners requested for close down

the conciliation and to refer the matter to this

Hon’ble Court. The Labour Officer (Conciliation),

Puducherry failed to investigate the dispute and she

894

LA GAZETTE DE L’ETAT

[22 August 2017

helped the respondent company knowing fully that

closure of the respondent company is unlawful. The

Labour Officer (Conciliation), Puducherry passed

a report on failure of conciliation, dated 22-1-2013

ard the same was intimated to the petitioners

through registered post. The petitioners denied the

each and every allegation levelled against the

petitioners by the Labour Officer (Conciliation),

Puducherry in the abovesaid report on failure and

the petitioners filed RTI Application before the

Public Information Officer, Labour Department,

Puducherry, dated 24-9-2012 and sought for the

information regarding respondent company's

closure notice, permission given by the Government

to the closure notice, returns, etc.,. The said

application was duly acknowledged by the Public

Information

Officer,

Labour

Department,

Puducherry on 25-9-2012. The Public Information

Officer has furnished the information to the

petitioners that no permission was granted by the

Government to close down the respondent company

and therefore, the closure of the company is highly

illegal.

(vi) The first petitioner way furnished with ESI

Card by the respondent company and he took

treatment before the ESI, Dispensary, Gandhi Nagar,

Puducherry even after the illegal closure. If, the

respondent company is closed down, the insurance

to the worker would have been terminated. This

shows that the respondent company is playing fraud

upon the workers and the Government. The

respondent company’s management has to be

penalized by initiating criminal action for the

illegal closure of the company. The respondent

company made an illegal closure, when there was a

settlement exist in force from 1-12-2010 to 30-11-2013

in between the respondent company and the

abovesaid two unions on 27-4-2011(No. l3/2011/

Labour Officer (Conciliation)/AIL, dated 27-4-2011),

when the conciliation proceedings were pending

before the

Labour Officer (Conciliation),

Puducherry in Nos. l203,1204,1205/2012/LO(C)/

All the closure of the respondent company is most

illegal.

3. The averments in the counter filed by the

respondent are as follows:-

(i) M/s. SIGMAPACK was carrying on the

business of manufacturing Corrugated Card Board

Boxes and unfortunately a steep rise in cost of

production, cut throat competitive market situation,

deliberate non-cooperation of the workmen

resulting in under utilization of the installed

capacity and heavy drop in production have badly

affected the viability of the company making the

operation of the factory almost impossible. The

bona fide efforts made by the management for tiding

over the difficulties did not yield any fruitful results

as the company had become technically infeasible

and economically not viable and realizing the

adverse conditions prevailing in the factory except

few all the other workmen have resigned and made

full and final settlement of their accounts

voluntarily. All these factors have created a

situation whereby continuing with the operation of

the factory had become impracticable and the

management was constrained to take the painful

decision of closing the factory wholly and

permanently with effect from 11-6-2012.

(ii) The notice of closure with statement of

reason for closure was displayed in the notice-board

of the factory on 7-6-2011 itself and the workmen

were also tendered with a copy of the same and as

they have refused to receive the notice the

respondent management has sent the same along

with the cheque towards terminal benefits including

closure compensation to the residential address of

the workmen and on the date of closure only four

workmen i.e., the petitioners and one Selvi were on

the rolls and all of them have received the notice

with cheque and subsequently, the petitioners have

returned the cheque and raised an industrial dispute

before the Conciliation Authority. The said Selvi had

made full and final settlement of her account with

the respondent company and in the course of

conciliation proceedings, the petitioners have

accepted the closure declared by the management

and came up with a claim of 90 days closure

compensation for every completed year of service

including Gratuity and other legal dues and

thereafter, the management had putforth a proposal

in respect of the full and final settlement amount

but, the petitioners have insisted for an additional

amount of ` 10,000 and after negotiation both sides

have mutually agreed for payment of a sum of

` 7,500 in addition to the said proposed full and

final settlement. When, the conciliation proceedings

was posted for signing settlement the petitioners

made a turn around and insisted for employment in

case the management restarts the company in future

and hence, the conciliation ended in a failure

on 1-8-2012.

895

22 August 2017]

LA GAZETTE DE L’ETAT

(iii) Even though the conciliation failed, the

management made bona fide efforts to settle the

dispute amicably by sending a letter, dated 17-9-2012

to the Conciliation Authority for reopening the

industrial dispute with an offer to provide

employment to the petitioners in case of restarting

of the respondent company in future but, the

petitioners have not shown much interest in further

conciliation and finally came with a representation

that they were not willing for settlement and again

insisted for recording failure of conciliation and

due to their intransigent attitude, the authority had

no other alternative than to conclude the industrial

dispute with a failure note. The respondent fully

co-operated in the conciliation proceedings and

were looking forward to amicably settle the dispute.

It was only the petitioners who tried to browbeat

the respondent in accepting their unlawful demands

and for the failure of the conciliation proceedings

before the Authorities, the petitioners alone to be

blamed for the adamant and indifferent attitude.

(iv) The number of workmen in the respondent

factory on the date of closure was four only and no

permission is required for effecting closure.

Neither the provisions of 25 (O) nor 25 (FFA)

would be attracted to the facts of the present case.

The

petitioners

were

offered

their

due

compensation, and therefore, cannot question the

closure of the respondent factory. As such there is

no violation of any provision of the Industrial

Disputes Act or any other laws. The closure declared

by the respondent is legal and in accordance with

the provisions of law and no ulterior motive or

mala fide intention can be attributed to respondent's

decision of closing down the factory. The closure

is complete and not mere pretence or lock out as

alleged by the petitioners. The respondent factory

was closed wholly and permanently from 11-6-2012

and no manufacturing activities of any nature

whatsoever was carried out in the respondent

factory on and from the date of closure. The

respondent has also complied with the legal

obligations as contemplated under the provisions of

the Industrial Disputes Act, 1947 towards permanent

closure and no ulterior motive or mala fide intention

can be attributed to respondent's decision of closing

down the factory. The closure of the respondent

factory was bona fide, genuine and real and the

petitioners are not entitled for any relief other than

the

statutory

compensation

for

closure

as

contemplated under the provisions of the Industrial

Disputes Act, 1947 which was already offered to

them by the respondent management.

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

petitioner PW.1 to PW.4 was examined and Ex.P1 to

Ex.P46 were marked and on the side of the respondent

RW.1 was examined and Ex.Rl to Ex.R15 were marked.

Argument Heard. The learned Counsel for the

respondent has filed a written argument and relied

upon the Judgment reported in CDJ 1969 SC 434,

M/s. Tatanagar Foundry Company Limited Vs. Their

workmen, wherein the Hon’ble Supreme Court of India

has been held that,

“In the present case the totality of facts and

circumstances would lead to the conclusion that

the undertaking at Jamshedpur was closed down

completely and was a final and irrevocable

termination of the business itself.................It is now

well established that in the case of a closure the

employer does not merely close down the place of

business but, he closes the business finally and

irrevocably. The closure has to be genuine and

bona fide in the sense that it should be a closure in

fact and not a mere pretence of closure ............. The

motive behind the closure is immaterial and what

is to be seen is whether it an effective one..........

The result, therefore, is that the workmen are

entitled to compensation under the main clause

of S. 25FFF of the Industrial Disputes Act, 1947”.

The learned Counsel also relied upon the Judgment

reported in CDJ 2001 BHC 0765, Azad Kamgar Union

Vs. Metagraphs Private Limited, wherein the Hon’ble

High Court of India has been held that,

“It has been laid down by this Court in a series

of decisions that it is not for Industrial Tribunals

to enquire into the motive to find out whether the

closure is justified or not.................the Head Note

of the Judgment : Held : The interpretation that

notice under S.25-FFFa is not a condition precedent

for closure of an undertaking gets support from the

language of S.25-F which lays down the condition

precedent for retrenchment. S.25-(sic) of the Act

which was inserted with effect from 27-10-1981

also supports the above interpretation. This section

gives an indication in regard to legal position prior

to its incorporation. Prior to insertion of S.25-O,

the only requirement for closure was contained in

S.25:FFA which does not require an employer to

apply for permission of the appropriate Government

to close down its undertaking. What is required in

that case is only to give sixty days notice to

appropriate Government of the employer’s intention

to close down an undertaking. No consequence of

896

LA GAZETTE DE L’ETAT

[22 August 2017

failure to give such a notice has been set out in

S.25-FFA as has been done in sub-section (7) of

S.25-O of the Act. This distinction in these two

sections (S.25-FFA and S.25-O as applicable in

Maharashtra) in perceptible and material. Unlike

S.25-O, the requirements of S.25-FFA are not

mandatory. The power of the employer to close

down an undertaking is not subject to prior

permission of the appropriate Government. It simply

requires the employer to give 60 days notice of the

intended closure to the appropriate Government.

Failure to do so would not render the closure illegal

from its inception. It may render the employer

liable to pay wages of 60 days to the workman.

Non-compliance with the requirements of this

section therefore, cannot be equated with non-

fulfilment of a condition precedent to the passing

of an order............it is now well established that

failure to comply with the provisions of

S.25FFA of the Act does not make closure illegal

or [est.... It is on record that the respondents had

offered one] non-months wages in lieu of notice

and the closure compensation in according with the

provisions of S. 25-FFA of the Act. The respondents

cannot be blamed if, the workmen refused to accept

the dues”.

5. The point for consideration:

Whether the dispute raised by the petitioners

against the management of the respondent over

non-employment is justified or not and if justified, for

what relief the petitioners are entitled to ?

6. From the pleadings of the petitioners and the

respondent, it is clear that these petitioners had been

in service in the respondent establishment and the

respondent establishment was closed down the factory

in the month of March, 2012 and some of the

employees have given voluntary resignation from the

service and some of the employees have settled

amicably with the respondent establishment and these

petitioners have raised the industrial dispute before the

Conciliation Officer on 4-5-2012 and the conciliation

was initiated on 23-5-2012 and the conciliation was

failed and this Industrial Tribunal has been referred to

this Court for adjudication.

7. In order to establish their case, the petitioners

have examined the first petitioner as PW.1, second

petitioner as PW.2, third petitioner as PW.3 and the

co-worker one Ravi who was in service at the

respondent company as PW.4 and through them Ex.P1

to Ex.P44 were marked. PW.1 to PW.3 have stated in

their evidence that they have been in service of the

respondent establishment and their service have been

confirmed by the respondent establishment and from

January, 2012, the respondent management has

threatened them that they have been intend to close

down the company in the March, 2012 and insisted

voluntary resignation from the workers and only

50 workers put their signature in the blank papers and

got amicable settlement from the respondent company

on belief that the respondent company would be close

down and restarted in one month as assured by them

and the management had illegally made the workers to

resign their jobs and illegally trying to close down the

company against the principles of natural justice and

the labour welfare and these petitioners were insisted

and threatened for voluntary resignation from the

service and they have been invited for settlement talks

but, no settlement was arrived and hence, these

petitioners have made a legal complaint on 4-5-2012

requested the Labour Officer (Conciliation) to pass an

order to the respondent to provide employment and the

respondent company has sent a letter, dated 11-6-2012

stating that the respondent company has given a notice

of termination on account of closure, dated 7-6-2012

and cheques for ` 75,357, ` 69,525 and ` 69,803 were

sent to the petitioners by the respondent company

along with the above notice which was returned by the

petitioners along with the reply on 21-6-2012 and no

notice of termination on account of closure on 7-6-2012

was tendered to the petitioners at any point of time in

person and no such notice was enclosed with the letter,

dated 11-6-2012 and the respondent has not served any

notice prior to the notice for closure regarding

intention to close the establishment required under the

Industrial Disputes Act and that the closure is illegal

and that therefore, they are entitled for reinstatement

with full back wages and other benefits.

8. Apart from the oral evidence of the petitioners,

the petitioners have exhibited the confirmation, letters

issued by the respondent company to the petitioners

1 to 3 as Ex.Pl, Ex.P18 and Ex.P32 respectively, the

copies of the Identity Card of the petitioners 1 to 3

as Ex.P2, Ex.Pl9 and Ex.P33 respectively, the

Settlement (agreement) arrived at between the

respondent company and Pack Pattali Union & Sigma

Pack Labour Union, dated 27-4-2011 as Ex.P3, the

copy of the complaint letters given by the petitioners

1 to 3 to the Labour Officer (Conciliation),

Puducherry, dated 4-5-2012 as Ex.P4, Ex.P20 and

Ex.P34 respectively, the notice of enquiry/conciliation

issued by the Labour Officer (Conciliation),

Puducherry to the petitioners 1 and 2, dated 21-5-2012

as Ex.P5 and Ex.P21 respectively, the letters sent

897

22 August 2017]

LA GAZETTE DE L’ETAT

by the respondent company to the petitioners 1 to 3,

dated 11-6-2012 as Ex.P6, Ex.P22 and Ex.P35

respectively, the copy of the reply letters, dated 21-6-2012

sent by the petitioners 1 to 3 to the respondent

company’s letter, dated 11-6-2012 as Ex.P7, Ex.P23

and Ex.P36 respectively, the acknowledgement cards

acknowledged by the respondent company, dated

22-6-2012 as Ex.P8, Ex.P24 and Ex.P37 respectively, the

copy of the letters sent by the petitioners 1 to 3 to

the respondent company, dated 27-6-2012 as Ex.P9,

Ex.P25 and Ex.P38 respectively, the acknowledgment

card acknowledged by the respondent company as

Ex.P10, Ex.P26 and Ex.P39 respectively, the notice

of enquiry/conciliation issued by the Labour Officer

(Conciliation), Puducherry to the 1st petitioner, dated

26-9-2012 as Ex.Pll, the copy of the letters sent by

the petitioners 1 to 3 to the PIO, Labour Department,

Puducherry, dated 24-9-2012 as Ex.P12, Ex.P27 and

Ex.P40 respectively, the acknowledgment cards

acknowledged by the PIO, Labour Department,

Puducherry, dated 25-9-2012 as Ex.P13, Ex.P28 and

Ex.P41 respectively, the information letters furnished

by the PIO, Labour Department, Puducherry to the

petitioners 1 to 3, dated 18-10-2012 as Ex.P14,

Ex.P29 and Ex.P42 respectively, the conciliation

failure reports

issued by the Labour Officer

(Conciliation), Puducherry, addressed to the petitioners

1 to 3, dated 22-1-2012 as Ex.P15, Ex.P30 and Ex.P43

respectively, the ESI

medical treatment receipt

(certificate), dated 25-6-2012, 1-9-2012, 11-1-2013,

18-1-2013, 8-8-2013 (5 series) as Ex.P16, the pay

slip of the 1st petitioner for the month of February

2012 as Ex.P17, Pay Slip of the petitioners 2 and 3

for the month of March, 2012 as Ex.P31 and Ex.P44

respectively, RTI application in FORM-I, dated

23-9-2014 addressed to the Commercial Tax Officer-

IAC, Commercial Taxes Department, Puducherry by the

1st petitioner as Ex.P45, Supply of information in FORM-3,

dated 7-10-2014 by the Commercial Tax Officer-IAC,

Commercial Taxes Department, Puducherry to the 1st

petitioner as Ex.P46.

9. These exhibits would go to show that these

petitioners are the employees of the respondent

establishment and their services have been confirmed

and that there was settlement arrived at between the

union and the respondent establishment and these

petitioners have made representation before the

Conciliation Officer and the notice was sent to the

petitioners as well as the respondent establishment and

that there was some conciliation and the respondent

management has issued a notice to the petitioners on

11-6-2012 stating that on account of closure, dated

7-6-2012 the petitioners were tendered to receive the

compensation which was refused to receive by the

petitioner and a cheque for ` 75,354, ` 69,525 and

` 69,803 were sent along with the notice towards full

and final settlement on account of the closure, for

which the petitioner have sent a reply notice on

24-6-2012 stating their objection for the final

settlement and sent an another letter, dated 27-6-2012

and have returned the original cheque to the respondent

management.

10. The main contention of the respondent

management is that the Government has made a

reference to adjudicate the dispute raised by the

petitioners only over the non-employment of the

petitioners and dispute over the closure was not

referred and the claim of the petitioners challenging

the closure of the establishment is beyond the scope

of the reference and the petitioner cannot seek

adjudication of the dispute which was not actually

referred by the Government and another contention of

the respondent is that the closure was done according

to the Industrial Disputes Act and the respondent

establishment was closed with effect from 11-6-2012

due to the steep rise in cost of production, cut throat

competitive

market

situation,

deliberate

non

cooperation of the workmen and heavy drop in

production and even after the bona fide efforts taken

by the management for tiding over the difficulties did

not yield any fruitful results as the company had

become technically infeasible and economically not

viable and realizing the adverse conditions prevailing

in the factory except few all the other workmen have

resigned and made full and final settlement of their

accounts voluntarily and before the closure on

7-6-2012 itself the notice of closure with statement

of reason for closure was displayed in the notice-board

of the factory on 7-6-2012 and the workmen were

also tendered with the copy of the same and the

workmen have refused to receive the notice the

respondent management has sent the same along with

the cheque towards terminal benefits including closure

compensation to the residential address of the

workmen and that therefore, the closure is a valid one

and the further contention of the respondent is that the

petitioner are not entitled for the order of

reinstatement since the factory was closed wholly and

permanently from 11-6-2012 and no manufacturing

activities was carried out in the respondent factory on

and from the date of closure.

11. In order to prove the same, the respondent has

examined RW.1 and exhibits Ex.Rl to Ex.P15 were

marked. The respondent has exhibited the closure

notice displayed in the respondent factory on 7-6-2012

898

LA GAZETTE DE L’ETAT

[22 August 2017

as Ex.R1, the letter of intimation of closure sent to

the Secretary (Labour), Puducherry on 7-6-2012 as Ex.R2,

the letter sent to the petitioners 1 to 3 as Ex.R3, Ex.R5

and Ex.R7 respectively and the acknowledgement signed

by the petitioners 1 to 3 as Ex.R4, Ex.R6 and Ex.R8

respectively, the letter sent by the petitioners 1 to 3

returning the cheque as Ex.R9 to Ex.11 respectively,

the conciliation report as Ex.R12, the copy of the letter

sent to the Commercial Taxes Department as Ex.R13,

the copy of the letter sent to the Chief Inspector of

Factories as Ex.R14 and the copy of the letter sent to

the Directorate of Industries and Commerce as

Ex.R15.

12. It is evident from Ex.Rl2 - the failure report of

the

Conciliation

Officer

that

the

respondent

management has made a proposal for full and final

settlement amount to an extent of ` 1,83,518.54,

` 1,69,925.00 and ` 44,418.38 respectively and these

petitioners have insisted for ` 10,000 in addition to

the abovesaid amount, for which the respondent

management has accepted and agreed to pay ` 7,500

in addition to the proposed full and final settlement

and both the parties have agreed for the same and

finally when the conciliation was posted for signing of

settlement,

the

petitioners

have

insisted

for

employment in case, the management restarts the

company in future, for which the management did not,

accepted and that therefore, the conciliation was failed

and even after the failure of conciliation, the

management requested the Conciliation Officer to

reopen the industrial dispute and agreed to the claim

made by the petitioners in respect of providing

employment to the petitioners when they restart the

company once again and the Conciliation Officer also

restarted the ID and petitioners were called upon and

the petitioners did not show much interest in further

conciliating the issue and they are not willing for

settlement and insisted to send the failure report to the

Government and that therefore, the conciliation was

failed and the matter has been recommended for

adjudication by the Conciliation Officer to the

Government, Ex.R12 also would reveal the fact that

though the management has agreed to the claim made

by the petitioners, the petitioners insisted to send the

failure report to the Government and only on the

request of the petitioner the failure report was sent to

the Government.

13. The other documents would also reveal the fact

that the respondent management has sent a closure

notice to the Government and to the petitioners and the

same was received by the petitioners and the

respondent also sent a cheque for full and final

settlement to the petitioners and the respondent

management has sent a letter to the Commercial Taxes

Department, Chief Inspector of Factories and

Directorate of Industries and Commerce regarding the

closure of the factory. Particularly Ex.R13 to Ex.R15

would go to show that the respondent management has

stated that due to the administrative and provisional

issues they are not in a position to run the factory and

they have closed the factory permanently from

11-6-2012 and furthermore, it would evident that the

respondent management has already intimated the

closure on 7-6-2012 to the Chief Inspector of

Factories and to the Directorate of Industries and

Commerce. Particularly Ex.R1 would evident that the

respondent management has issued a closure of notice

on 7-6-2012 to the workmen of the factory that they

are going to close the factory wholly and permanently

with effect from 7-6-2012 for the reasons explained

in the annexure displayed in the notice-board along

with the notice of closure and they have stated the

service of workmen are not required from the date of

closure and also has been assured by the respondent

management in the notice would be paid pay and

compensation as required by and provisions under the

Industrial Disputes Act.

14. It is the case of the respondent management that

they have closed down the factory from 11-6-2012 by

issuing a closure notice on 7-6-2012. But, it is the

case of the petitioners that the respondent management

has closed the factory illegally without following the

procedure to be adopted by the management to close

the factory under the Industrial Disputes Act and it

reveal from the letters given by the petitioners which

is exhibited as Ex.P7, Ex.P23 and Ex.P36 that the

factory has been closed on 11-6-2012 and it is alleged

in the letters that the respondent management has not

followed the procedure for closure under the

provisions of Industrial Disputes Act. The letter runs

as follows:

“









(No. 1203/2012/LO(C)/AIL) 



,



Closure(Lock out)

899

22 August 2017]

LA GAZETTE DE L’ETAT

,

















,

















,















Closure









,



Full and Final Settlement





Settlement 

Permanent Closure 

”.

The above recital of the letter would go to show that

the respondent has closed the factory on 11-6-2012

but, it has not been accepted by the petitioners since

the respondent management has not followed the

procedure adopted under the Industrial Disputes Act

and it is also further reveal from the above letters-

Ex.P7, Ex.P23 and Ex.P36 that the respondent

management has sent a cheque to settle the amount to

the petitioners and the same was returned by these

petitioners. The above letter would go to show that the

respondent management has closed the factory on 11-6-2012

and so far, even till now the respondent management

has not started the factory and it is learnt from other

documents Ex.Rl2 to Ex.R15, the respondent

management have intimated the closure to the

Directorate of Industries and Commerce and Chief

Inspector of factories and therefore, it is clear that the

respondent management has closed the factory and so

far they have not restarted the same till now.

15. Admittedly, the respondent management has not

issued a statutory 60 days notice as per S.25FFA of the

Act in the prescribed manner on the appropriate

Government stating its intention to close down the

factory. Since, the respondent management has closed

the factory without getting prior permission from the

Government and without following the procedure as

laid down u/s. 25F and 25FFF of the Industrial Disputes

Act, it is clear that the respondent management has

closed down the establishment without following the

procedure as stated above and hence, the closure of the

factory by the management is illegal by which the

petitioners have become unemployed and that therefore,

the dispute raised by the petitioners over the

non-employment is justified.

16. Though the closure might be illegal one, the

respondent management cannot be compelled to

reinstate them since, it is impossible to reinstate the

petitioners by the respondent management in the

respondent factory as it was closed from 11-6-2012

Since, the respondent management has not restarted his

factory, they cannot reinstate the petitioners in the

factory as claimed by the petitioners and the

petitioners are not entitled for the order of

reinstatement as claimed by the petitioners. On this

aspect, the evidence of PW.1 to PW.3 are perused and

the evidence runs as follows:

“

























DD

DD

















Labour

Officer



























meeting



meeting

,

Settlement

900

LA GAZETTE DE L’ETAT

[22 August 2017



















demand



”.

From the above evidence of PW.1 to PW.3, it is

clear that the petitioners have admitted the fact that

they have demanded only the compensation of 90 days

salary for year of service for which the respondent

management has not accepted and therefore, the

respondent is liable to pay compensation for the

non-employment of the petitioners. Therefore, the

petitioners are entitled for the compensations under

the provision of the Industrial Disputes Act.

17. To fix the compensation to be given to the

petitioners, the documents and records are perused.

On perusal of the records, it is learnt to this Court that

both the parties have not filed any documents to show

the monthly salary of the petitioners but, it is clear

from the evidence that the first petitinor has joined the

service of the respondent company on 5-2-2000 and

the second petitioner joined the service of the

respondent company on 13-11-2001 and the third

petitioner joined in service on 17-4-2002. Since no

evidence is before this Court regarding the salary of

the petitioners, this Court cannot fix the compensation

under Sec.25FFF of the Industrial Disputes Act.

However, considering the period of service that the

petitioners have been in service for more than 10 years

in the respondent establishment and they become

unemployed due to the closure of the factory, they

have to be compensated. The respondent management

is liable to pay compensation to the petitioners which

was also agreed by the respondent at the time of

conciliation. It is clear from the conciliation failure

report-Ex.Rl2, the respondent management has come

forward to pay compensation of ` 1,83,518.54,

` 1,69,925.00 and ` l,44,418.38 to the petitioners 1

to 3 respectively. Considering the fact that the

petitioners have admitted themselves in the cross

examination that after the closure of the factory they

have demanded only compensation of 90 days salary

for a year from the respondent management and that

the respondent himself come forward to pay the

compensation before the Conciliation Officer as stated

above and considering the other circumstances, this

Court is inclined to fix the compensation of

` 2,25,000 each tentatively to the petitioners.

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

the industrial dispute raised by the petitioners over the

non-employment is justified and the Award is passed

by directing the respondent to pay compensation

of

` 2,25,000 each to the petitioners for non-

employment caused by the respondent management

within one month from the date of this order and the

petition is partly dismissed in respect of the claim of

reinstatement and back wages. No cost.

Dictated to Stenographer, transcribed by her,

corrected and pronounced by me in the open Court

on this the 10th day of May, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal

Puducherry.

List of

petitioner’s witnesses:

PW.1 —

2-4-2014

— D. Manikandan

PW.2 — 27-6-2014

— A. Kuppusamy

PW.3 — 27-6-2014

— K.R. Kumaravel

PW.4 —17-10-2014 — V. Ravi

List of petitioner’s exhibits:

Ex.P1

—

Confirmation letter issued by the

respondent company in favour of the 1st

petitioner.

Ex.P2

—

Copy of the Identity Card of the 1st

petitioner.

Ex.P 3 —

The Settlement (agreement) arrived in

between the respondent company and

Pack Pattali Union and Sigma Pack

Labour Union, dated 27-4-2011.

Ex.P4

—

True copy of the complaint letter given

by the 1st petitioner to the Labour

Officer (Conciliation), Puducherry,

dated 4-5-2012.

Ex.P5

—

The notice of enquiry/conciliation

issued

by

the

Labour

Officer

(Conciliation), Puducherry to the 1st

petitioner, dated 21-5-2012.

Ex.P6

—

The letter sent by the respondent

company to the 1st petitioner, dated

11-6-2012.

Ex.P7

—

True copy of the reply letter, dated

21-6-2012 sent by the 1st petitioner to

the respondent company’s letter, dated

11-6-2012.

901

22 August 2017]

LA GAZETTE DE L’ETAT

Ex.P8

—

The acknowledgement card acknowledged

by the respondent company, dated

22-6-2012.

Ex.P9

—

True copy of the letter send by the 1st

petitioner to the respondent company,

dated 27-6-2012.

Ex.P10 —

The acknowledgement card acknowledged

by the respondent company.

Ex.Pll

—

The notice of enquiry/conciliation issued

by the Labour Officer (Conciliation),

Puducherry to the 1st petitioner, dated

26-9-2012.

Ex.P12 —

True copy of the letter send by the 1st

petitioner to the PIO, Labour Department,

Puducherry, dated 24-9-2012.

Ex.Pl3 —

The acknowledgement card acknowledged

by the PIO, Labour Department,

Puducherry, dated 25-9-2012.

Ex.P14 —

The information furnished by the

PIO, Labour Department, Puducherry.

to the 1st petitioner, dated 18-10-2012.

Ex.Pl5 —

The report on failure of conciliation

issued by the Labour Officer (Conciliation),

Puducherry, addressed to the 1st

petitioner, dated 22-1-2012.

Ex.P16 —

The ESI medical treatment receipt

(certificate), dated 25-6-12, 1-9-12,

11-1-13, 18-1-13, 8-8-13 (5 series)

Ex.P17 —

Pay slip of the 1st petitioner for the

month of February 2012.

Ex.Pl8 —

Confirmation letter issued by the

respondent company in favour of the

2nd petitioner.

Ex.P19 —

Copy of the identity card of the 2nd

petitioner.

Ex.P20 —

True copy of the complaint letter given

by the 2nd petitioner to the Labour

Officer (Conciliation), Puducherry,

dated 4-5-2012.

Ex.P21 —

The notice of enquiry/concilation

issued

by

the

Labour

Officer

(Conciliation), Puducherry to the 2nd

petitioner, dated 21-5-2012.

Ex.P22 —

The letter sent by the respondent

company, to the 2nd petitioner, dated

11-6-2012.

Ex.P23 —

True copy of the reply letter, dated

21-6-12 sent by the 2nd petitioner to

the respondent company’s letter, dated

11-6-2012.

Ex.P24 —

The acknowledgement card acknowledged

by the respondent company, dated

22-6-2012.

Ex.P25 —

True copy of the letter sent by the 2nd

petitioner to the respondent company,

dated 27-6-2012.

Ex.P26 —

The acknowledgement card acknowledged

by the respondent company.

Ex.P27 —

True copy of the letter sent by the 2nd

petitioner to the PIO, Labour Department,

Puducherry, dated 24-9-2012.

Ex.P28 —

The acknowledgement card acknowledged

by the PIO, Labour Department,

Puducherry, dated 25-9-2012.

Ex.P29 —

The information furnished by the

PIO, Labour Department, Puducherry

to the 2nd petitioner, dated 18-10-2012.

Ex.P30 —

The report on failure of conciliation

issued by the Labour Officer (Conciliation),

Puducherry, addressed to the 2nd

petitioner, dated 22-1-2012.

Ex.P31 —

Pay slip of the 2nd petitioner for the

month of March, 2012.

Ex.P32 —

Confirmation letter issued by the

respondent company in favour of the

3rd petitioner.

Ex.P33 —

Copy of the Identity Card of the 3rd

petitioner.

Ex.P34 —

True copy of the complaint letter given

by the 3rd petitioner to the Labour

Officer (Conciliation), Puducherry,

dated 4-5-2012.

Ex.P35 —

The letter sent by the respondent

company to the 3rd petitioner, dated

11-6-2012.

Ex.P36 —

True copy of the reply letter, dated

21-6-12 sent by the 3rd petitioner to

the respondent company’s letter, dated

11-6-2012.

Ex.P37 —

The acknowledgement card acknowledged

by the respondent company, dated

22-6-2012.

902

LA GAZETTE DE L’ETAT

[22 August 2017

Ex.P38 —

True copy of the letter sent by the 3rd

petitioner to the respondent company,

dated 27-6-2012.

Ex.P39 —

The acknowledgement card acknowledged

by the respondent company.

Ex.P40 —

True copy of the letter (application)

sent by the 3rd petitioner to the PIO,

Labour Department, Puducherry, dated

24-9-2012.

Ex.P41 —

The acknowledgement card acknowledged

by the PIO, Labour Department,

Puducherry, dated 25-9-2012.

Ex.P42 —

The information furnished by the

PIO, Labour Department, Puducherry

to the 3rd petitioner, dated 18-10-2012.

Ex.P43 —

The report on failure of conciliation

issued

by

the

Labour

Officer

(Conciliation), Puducherry and the

same was addressed to the 3rd

petitioner, dated 22-1-2012.

Ex.P44 —

Pay Slip of the 3rd petitioner for the

month of March, 2012.

Ex.P45 —

RTI application in FORM-1, dated

23-9-2014 addressed to the Commercial

Tax Officer-IAC, Commercial Taxes

Department, Puducherry by the 1st

petitioner.

Ex.P46 —

Supply of information in FORM-3,

dated 7-10-2014 by the Commercial

Tax Officer-TAG, Commercial Taxes

Department, Puducherry to the 1st

petitioner.

List of respondent’s witness:

RW.l

—

17-2-2016 V. Gobi

List of respondent’s exhibits:

Ex.Rl

—

Notice of closure displayed in the

petitioner/respondent factory, dated

7-6-2012.

Ex.R2

—

Letter of intimation of closure sent to

the Secretary (Labour), Government of

Puducherry, dated 7-6-2012.

Ex.R3

—

Copy of the letter sent to the lst

petitioner

with

enclosure,

dated

11-6-2012.

Ex.R4

—

Acknowledgement card signed by the

lst petitioner.

Ex.R5

—

Letter sent to the 2nd petitioner with

enclosure, dated 11-6-2012.

Ex.R6

—

Acknowledgement card signed by the

2nd petitioner.

Ex.R7

—

Letter sent to the 3rd petitioner, dated

11-6-2012.

Ex.R8

—

Acknowledgement card signed by the

3rd petitioner, 13-6-2012.

Ex.R9

—

Letter with returned cheque sent by the

1st petitioner, dated 27-6-2012.

Ex.R10 —

Letter with returned, cheque sent by the

2nd petitioner, dated 27-6-2012.

Ex.R11 —

Letter with returned cheque sent by the

3rd petitioner, dated 27-6-2012.

Ex.R12 —

Conciliation failure report, dated

22-1-2013.

Ex.R13 —

Copy of the letter sent to the Commercial

Taxes Department, dated 6-11-2015.

Ex.R14 —

Copy of the letter to the Chief Inspector

of Factories and Boilers, dated 11-12-2015.

Ex.Rl5 —

Copy of the letter sent to the

Directorate of Industries and Commerce,

dated 16-12-2015.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal

Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 113/Lab./AIL/T/2017,

Puducherry, dated 10th July 2017)

NOTIFICATION

Whereas, the Award in I.D. (L)No. 34/2013, dated

12-5-2017 of the Labour Court, Puducherry in respect

of the industrial dispute between the Management

of M/s. Packaging India Private Limited, Pillaiyarkuppam

Post, Puducherry and Thiru P. Pragalathan, Puducherry

over non-employment has been received;

Now, therefore, in exercise of the powers conferred

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

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

with the notification issued in Labour Department's

903

22 August 2017]

LA GAZETTE DE L’ETAT

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.

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 12th day of May, 2017

I.D. (L) No. 34/2013

P. Pragalathan,

. . Petitioner

S/o. Pandurangan,

Puducherry.

Versus

The Managing Director,

. . Respondent

M/s. Packaging India Private Limited,

Kandanpet Village,

Pillaiyarkuppam Post,

Bahour Commune, Puducherry.

This industrial dispute coming up before me for

final hearing on 29-4-2017 in the presence of

Tvl. R.T. Shankar and Thamotharan. Counsel for the

petitioner and Tvl. L. Swaminathan and I. Ilankumar,

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. l03/AIL/LAB/

J/2013, dated 17-7-2013 for adjudicating the following:-

(i) Whether the dispute raised by the petitioner

Thiru P. Pragalathan against the management of

M/s. Packaging India Private Limited, Puducherry over

his non-employment is justified or not?

(ii) If justified, to what relief, the petitioner 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 petition filed by the

petitioner are stated as follows:-

The petitioner has joined in the respondent

establishment on 26-6-1998 as Junior Operator in the

Pro-slitting Department and his last drawn salary is

` 9565-00 and the petitioner is also holding the post

of Vice-President in Packaging India INTUC Union

and he had been in service without any remarks for

about 12 years but, on 31-10-2010 without any

prima-facie complaint the respondent management has

temporarily suspended the petitioner from his service

and has issued a charge memo on 25-1-2011 and for

which the petitioner has given his explanation to the

charge memo on 26-1-2011 before the Manager of the

respondent factory but, the respondent management has

not accepted his explanation and conducted domestic

enquiry against him and in the domestic enquiry, no

opportunity was given to the petitioner and the enquiry

was conducted with the bias in favour of the

management and the management threatened the

workers to admit the charges and has assured the

petitioner that if, the petitioner admits the charges, the

management will provide employment to the petitioner

and believing the assurance given by the management

the petitioner and his colleagues namely T. Ramesh,

E. Bakthavachalam, V. Iyyanar, Alexpeter and

K. Narayanan endorsed the admission but, no enquiry

was conducted properly and the Enquiry Officer has

submitted a report finding guilty of the petitioner as

well as his colleagues on the ground of admission of

the employees and on the foot of the report the

management has issued a show cause notice on 12-3-2011

and the petitioner has sent a reply letter to the show

cause notice on 14-3-2011 for which the respondent

management has not accepted the explanation of the

petitioner and passed an order on 31-5-2011 and the

respondent has wantonly terminated the services of the

petitioner since, he was functioning as Vice-President

of the union and has taken false disciplinary action

against the petitioner along with his colleagues.

(ii) Though in the enquiry, it was found all the

employees are found guilty except the petitioner and

one Narayanan all others would not have been

terminated from service and their temporary

suspension was revoked and therefore, the refusal of

employment to the petitioner and the said Narayanan

is totally against the law and is illegal and against the

natural justice. Though the petitioner has approached

the respondent management after his termination on 31-5-2011

in person and through letter of requisition, he has not

been given employment and that therefore, the

petitioner has submitted a conciliation on 31-8-2012

with the Conciliation Officer and the conciliation

proceedings was taken and both the petitioner and the

904

LA GAZETTE DE L’ETAT

[22 August 2017

respondent has been summoned to appear on 18-10-2012

at about 3.00 p.m., though the petitioner has appeared

on 18-10-2012 as summoned in the notice, the

respondent has not appeared before the Conciliation

Officer and therefore, the conciliation proceedings

were adjourned to 9-11-2012 and on which date also

the petitioner was appeared and the respondent

management has not appeared and hence, the personal

hearing was adjourned to 28-11-2012 and on which

date also the respondent management has not appeared

and subsequently, the case was adjourned to 19-2-2013

and on which date the management was appeared and

filed a false objection and the conciliation was failed

and that therefore, the Conciliation Officer submitted

a report to the Government on 26-4-2013 and this

reference has been sent before this Court and in the

domestic enquiry the respondent management has not

given any opportunity to the petitioner and the act of

the respondent management on bias with the petitioner

and the termination of the petitioner is against the law

and against the natural justice and that therefore, the

petitioner prayed this Court to set aside the

termination

order

passed

by

the

respondent

management against the petitioner and to direct the

respondent to reinstate the petitioner with back wages.

3. The brief averments of the counter filed by the

respondent are stated as follows:-

The petitioner was employed as the Slitting Operator

in

the

management

and

was

suspended

in

contemplation of disciplinary proceedings through order,

dated 31-10-2010 and that the petitioner was served with

a charge sheet under Ref. No. PIPL/IR/JAN/SUS/2011/09,

dated 25-1-2011 and was directed to explain in writing

within 48 hours from the receipt of the charge sheet

and for which the petitioner had submitted his

written explanation on

26-1-2011 and upon

inconsistent reply, the management had ordered for an

enquiry through order, dated 29-1-2011 appointing

Mr. G.K. Govindasamy, Advocate, Puducherry as the

Enquiry Officer to enquire into the charge sheet,

dated 25-1-2011 and Mr. R.V. Sathyanarayanan,

Manager - HR and Admin. as the Presenting Officer in

the enquiry and enquiry was conducted and upon

admission of charges by the petitioner in the enquiry

proceedings, the enquiry was closed and based on the

enquiry report, the management had dismissed the

petitioner vide order, dated 30-5-2011 and that having

accepted the charge, the petitioner is now making a hue

and cry by shedding crocodile tears as though he is

innocent and leniency should be bestowed on him and

therefore, the management

rejects the entire

allegations of the claim petition by reiterating that the

order of dismissal, dated 30-5-2011 holds good and

cannot be re-considered by the management and prays

for dismissal of claim petition filed by the petitioner.

4. On the side of the petitioner, PW.1 was examined

and Ex.PI to Ex.Pll were marked. On the side of the

respondent, no oral evidence has been let in and no

documents has been marked. Argument heard. Records

are perused.

5. The point for consideration is:

Whether the dispute raised by the petitioner

against the respondent management over his

non-employment is justified or not.

6. The Government has made this reference to this

Tribunal to decide the dispute raised by the petitioner

against the respo nd ent management over his

non-employment is justified or not. On this aspect, the

records and evidence are carefully perused. In order

to prove his case, the petitioner has examined himself

as PW1 and exhibited Ex.P1 to Ex.P11. From the

evidence and exhibits marked on the side of the

petitioner, it is clear that the petitioner was temporarily

suspended from the respondent management on 31-10-2010

and a charge memo was given by the respondent to the

petitioner on 25-1-2011 and the Enquiry Officer was

appointed and the domestic enquiry was conducted by

the said Enquiry Officer in which the Enquiry Officer

has found mis-conduct of the petitioner and a show

cause notice was given and finally the petitioner was

terminated from service on 31-5-2011. But, it is the

evidence of petitioner PW.1 that he has not been given

any opportunity to putforth his case in the domestic

enquiry and the enquiry was conducted in a biased

manner.

7. While the case was posted for order today both

the parties have filed a compromise memo along with

the settlement arrived at between them stating that

on 11-5-2017 both the parties have mutually agreed

and entered a Memorandum of Settlement. The copy

of the said Memorandum of settlement, dated 11-5-2017

and the copy of the receipt is also filed along with the

memo which would reveal the fact that the management

and the petitioner has amicably entered into the

settlement on 11-5-2017 and the petitioner has

received a sum of ` 5,30,710 for his employment

benefits as one time settlement including gratuity and

therefore, the matter has been settled between the

parties by entering the settlement and hence, the

compromise is to be recorded and the Award is to be

passed in terms of settlement and a copy of the settlement

is to be attached as part and parcel of the Award.

905

22 August 2017]

LA GAZETTE DE L’ETAT

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

the Award is passed in terms of the Memorandum of

settlement arrived at between the parties on 11-5-2017

and the same is recorded and the said Memorandum of

settlement shall be attached as part and parcel of the

Award. No cost.

Dictated to the stenographer, transcribed by her,

corrected and pronounced by me in the Open Court on

this the 12th day of May, 2017.

G. THANENDRAN,

Presiding Officer

Industrial Tribunal-cum-Labour Court,

Puducherry.

————

List of petitioner’s witness:

PW. 1—7-10-2014 - Pragalathan

List of petitioner’s exhibits:

Ex.P1 31-10-2010

Copy

of

the

temporary

suspension order.

Ex.P2

25-1-2011

Copy of the Charge memo.

Ex.P3

29-1-2011

Copy of the order for

appointment

of

Enquiry

Officer.

Ex.P4

14-2-2011

Copy

of

the

enquiry

proceedings note.

Ex.P5

9-3-2011

Copy of the report of the

Enquiry Officer.

Ex.P6

12-3-2011

Copy of the show cause notice.

Ex.P7

31-5-2011

Copy of the

termination

order.

Ex.P8 23-12-2010

Copy of the proceedings of

domestic enquiry conducted

against co-worker Ramesh.

Ex.P9

4-3-2011

Copy of the Enquiry report of

Ramesh.

Ex.P10

3-5-2011

Copy of the order passed

against Ramesh.

Ex.Pll

26-4-2013

Copy of the Conciliation

failure report.

List of respondent’s witnesses: Nil

List of

respondent’s exhibits: Nil

G. THANENDRAN,

Presiding Officer

Industrial Tribunal-cum-Labour Court,

Puducherry.









[(iii)-]







































H.

A.

Ca.



G/





















}|{,

S.K

