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2017 } | 5 {

No.

36

Poudouchéry

Mardi

5

Septembre

2017 (14 Bhadra 1939)

No.

Puducherry

Tuesday

5th

September

2017



SOMMAIRES

CONTENTS



Page

Page

.. 950

Sentence arbitral du travail

.. 950

Award of the Labour Court .. 950

de tribunal.



.. 956

Notifications du Gouvernement

.. 956

Government Notifications .. 956



.. 965

Annonces

.. 965

Announcements

.. 965



.. 970

Corrigendum

.. 970

Corrigendum

.. 970

[ 949 ]

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Price : ` 15-00

950

LA GAZETTE DE L’ETAT

[5 September 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 115/Lab./AIL/T/2017,

Puducherry, dated 10th July 2017)

NOTIFICATION

Whereas, an Award in I.D (T) No.15/2012, dated 29-5-2017

of the Industrial Tribunal, Puducherry in respect of

the industrial dispute between the management of

M/s. Anglo French Textiles, Pondicherry and

Thiru M. Chandrasekaran, Puducherry over seniority

and pay fixation.

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,

Monday, the 29th day of May, 2017

I.D. (T) No. 15/2012

M. Chandrasekaran,

No. 12, ‘C’ Block, II Floor,

Chanakya Apartment,

Sithankudi,

Puducherry-605 013.

. . Petitioner

Versus

The Managing Director,

M/s. Anglo French Textiles,

Mudaliarpet,

Puducherry.

. . Respondent.

This industrial dispute coming up before me for final

hearing on 5-5-2017 in the presence of the petitioner

appeared in person, Thiru B. Mohandoss, Advocate for

the respondent, upon hearing and upon persuing 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. 110/AIL/Lab./J/2012,

dated 10-7-2012 for adjudicating the following:

(i) Whether the dispute raised by the petitioner

Thiru M. Chandrasekaran against the management

of M/s. Anglo French Textiles, Puducherry over

claim of higher category and fixing of higher pay

than his juniors based on his seniority is justified?

(ii) If justified, what relief the petitionier is

entitled to ?

(iii) To compute the relief if any awarded in

terms of money if, it can be so computed?

2. The averments in the claim statement of the

petitioner, in brief, are as follows :

(i) The petitioner has joined in the respondent

Mill in the year 1981 and he was in service as a

permanent employee of the Mill which was informed

by the Mill for the petition filed under the Right to

Information Act and he was not given any promotion for

about 30 years though he was performing the work of

Fitter in his Department and his Basic Salary was

revised as very low in the month of October, 2009

which is objected by him and he has asked for the

basic pay of 3,530-60-5,930 in the year 2009 and

has further stated that his junior was getting salary

more than the salary of him for which he has given a

letter on 29-9-2011 stating the above anomaly in the

Pay Scale and that the petitioner has asked for

promotion from the year 1999 and that therefore, he

raised the industrial dispute against the management

of Anglo French Textiles, Puducherry over the claim

of higher category and fixing of higher pay than his

juniors based on his seniority.

3. The brief averments in the counter and additional

counter filed by the respondent are as follows:

(i) The respondent stated that as per section 2A

of Industrial Disputes Act, 1947 an individual

workman cannot raise an industrial dispute except

in case of discharge, dismissal, retrenchment or

otherwise termination and hence, the petitioner

cannot raise the above industrial dispute which

relates to claim for pay fixation based on its alleged

seniority, unless the dispute is sponsored by a trade

union for workmen or in the alternative espoused by

a large majority of workmen and that the dispute

raised by the petitioner is not an industrial dispute

951

5 September 2017]

LA GAZETTE DE L’ETAT

as defined by section 2(K) of the Industrial Disputes

Act, 1947 and as such this Tribuna1 cannot entertain

the claim made by the petitioner for want of

jurisdiction.

(ii) It is further stated that as per records, the

petitioner was appointed as casual substitute

workman in the Mill and as per the practice followed

by the respondent Mills a casual substitute workman

(working under card system) is terminated from

service after 3 months and he can seek re-emlployment

only on renewal of his card and in tune with the above

practice, on 1st January, 1990 the petitioner, working

as casual substitute in the Spinning Department, ‘B’

shift (‘C' Unit) was transferred to weaving

Department ‘C’ shift (‘C’ unit) and subsequently in

September, 1990, the petitioner transferred to weaving

Department ‘A’ shift, and according to the abowe

practice the petitioner was employed till 1-6-1991 and

that on1-6-1991, the petitioner was appointed as

substitute workman and later on 1-2-1993, the petitioner

was transferred from Weaving Department ‘A’ shift

to weaving maintenance Department and from that

day onwards the petitioner has been working as

Beam Transporter and pinning coolie in the ski1l

code of SS2 in weaving maintenance Department in

the Pay Scale of 3,300-50-5,300 and his code No.

is 10285 and on the other hand the skill code SK2

for the fitter category.

(iii) It is further stated that as per the

revised wages determined in the year 2009, the

Beam transporter category comes under S.S. (semi

skilled) 2 as per G.O. and the wages due to the

petitioner has been paid as per the I.D.A wages and

that prior to the revision of wages in October, 2009

as per G.O under the I.D.A. wage rates, the

management paid the wages according to their

categories (without change) to all the workman.

But, when the I.D.A wage revision was implemented,

the workman were categorized as skilled 1, skilled 2,

skilled 3, skilled 4, semi-skilled 1, semi-skilled 2, semi-

skilled 3, semi-skilled 4, unskilled 1 and unskilled

2 according to the nature and conditions of

employment and were paid the corresponding wages

and the same has been followed till date and that the

Beam transporter post was classified as semi-skilled 2

and wages corresponding to the category has been

paid to the petitioner from then onwards, but, the

petitioner wants wages determined for skilled-2

category of employment which corresponds to the

post of Loom-tackler and that all the persons

employed as Loom-tacklers in the respondent Mills

have undergone Fitter training and after the completion

of the training have been employed as Fitters for the

last several years but, the petitioner has not

undergone Fitter training and he has also not worked

as Fitter and therefore, the petitioner is not entitled

to claim the wages due to Fitter (in the category of

loom-tackler) without occupying the post of Fitter.

(iv) It is further stated that originally the

petitioner was working in Spinning Department

(‘C’ Unit) and

having found the situation of

sending out for “no work” got transferred to Weaving

Department (‘C’ unit) as he came to know of the

employment opportunities as “Sundries” and he also

got trained in sundries work and he has worked as

sundries and that prior to the notification of l.D.A

revised wages by the Government in 2009, there was

no opportunity for promotion for persons employed

as sundries category and as for as Weaving

Department ‘C’ Unit is concerned, only persons

occupying the posts of Helper, Loom-tackler, Beam-

Gaiter, Asst. Jobber and Jobber - in the above line of

promotion were having promotional chances.

However, as per the revised I.D.A wage structure

the petitioner has got promotional chances in his

post of Beam transporter in weaving maintenance

Department and the petitioner will be given

promotion as and when vacancies arise and

according to his qualification. Promotion to the

post of Loom- tackler cannot be given to the

petitioner at the first instance and the promotion to

the post of Loom-tackler can be given only by way

of step by step and for obtaining the post of Loom-

tackler, the petitioner has to cross four stages of

promotion.

(v) It is further stated that based on his seniority

in Sundries category and in the post of Beam

transporter the petitioner cannot claim promotions

and as per the promotion policy, merit also plays an

important role and for the post of Loom-tackler

Fitter training is very important and the petitioner

cannot ignore the fact of several persons in the

Weaving Department who are seniors to the

petitioner but, working in lesser catogory and on low

wages when compared to the petitioner. The persons

bearing code nos.11785 and l1786 have completed

ITI course, worked as Weavers, have undergone Fitter

training and then got appointment in the category of

952

LA GAZETTE DE L’ETAT

[5 September 2017

Loom-tackler and there is no justification for the

petitioner to expect promotion to the post of Loom-

tackler without ITI qualification and Fitter training,

solely based on seniority.

4. In the course of enquiry, no oral evidence was let

in by the petitioner and no document was filed by him

even after granting sufficient opportunities to him to

produce evidence. On the side of the respondent RW. 1

was examined and Ex. Rl to Ex. R4 were marked.

5. The point for consideration is:

Whether the dispute raised by the petitioner against

the respondent Mill over the claim of higher category

and fixing of higher pay than his juniors based on his

seniority is justified or not ?

6. Heard. The learred Counsel who appeared for the

respondent argued that the petitioner has not let any

evidence and no documents were marked and hence, he

was not subjecting himself for cross examination and

nothing is before this Court to decide the case of the

petitioner and that therefore, the petitioner has utterly

failed to establish his case and therefore, the claim

petition is to be dismissed and the reference is to be

closed.

7. From the pleadings of both the parties the

following facts are admitted by them. The petitioner

Chandrasekaran was working at the respondent Mill

from the year 1981 and he was serving at the maintenance

Department in the Pay Scale of ` 3,300-50-5,300 and the

promotion was not given to him and subsequently the

petitioner raised the industrial dispute before the

Conciliation Officer on 19-8-2011 and the conciliation

was failed and this reference was sent to this Court for

adjudicating the said issue.

8. It is the evidence of RW. 1 that the petitioner was

working as a Casual substitute in the Spinning

Department from 1st January, 1990 and he was

transferred to Weaving Department ‘C’ shift and

subsequently in 1990, the petitioner was transferred

to Weaving Department ‘A’ shift and he was employed

till 1-6-1991 and thereafter, he was appointed as

substitute workman and later on 1-2-1993 the petitioner

was transferred from Weaving Department ‘A’ shift to

weaving maintenance Department and from that day

onwards the petitioner has been working as Beam

Transporter and pinning coollie in the code of SS2 in

weaving maintenance department in the Pay Scale of

` 3,300-50-5,300 and his code no is 10285 and all the

persons employed as Loom-tacklers in the respondent

mills have undergone Fitter training and after the

completion of training they have been employed as

Fitters for the last several years and this petitioner has

not undergone fitter training and he was also not worked

as Fitter and therefore, he is not entitled to claim the

wages in the category of Loom-tackler without getting

the post of Fitter.

9. In support of its case, the respondent has

exhibited Ex. Rl to Ex.R4, Ex.R1 is the copy of the

reply submitted by the respondent management before

the Labour Officer (Conciliation) to the representation

submitted by the petitioner wherein, it has been stated

that the petitioner was not working in the higher

category. Ex. R2 is the letter given by the petitioner to

the Labour Officer (Conciliation) on 29-9-2011.

Ex. R3 is the letter given by the respondent management

to the Labour Officer (Conciliation) on 31-10-2011.

Ex. R4 is the copy of the remarks furnished by the

Weaving Department to the petitioner on 11-12-2012.

RW.l has not been cross examined by the petitioner even

after giving sufficient opportunities.

10. To establish his case, the petitioner has not come

forward to let any evidence and has not exhibited any

documents to prove the allegation that the respondent

has failed to give sufficient higher category of

promotion and to fix the right salary and that therefore,

the petitioner has failed to establish his case as claimed

in the claim petition by adducing sufficient evidence

and therefore, it is just and necessary that the industrial

dispute raised by him before the Conciliation Officer

which was referred by the Government to this Court is

to be decided against him and that therefore, this Court

has held that the industrial dispute raised by the

petitioner against the respondent management over the

claim of higher category and fixing of higher pay than

his juniors a based on his seniority is not justified and

hence, the petition is liable to be dismissed.

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

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 29th day of May, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

953

5 September 2017]

LA GAZETTE DE L’ETAT

List of petitioner’s witness:

Nil

List of petitioner’s exhibits:

Nil

List of respondent’s witness:

RW.1 — 21-3-2016

B. Pragadeeswaran

List of respondents’s exhibits:

Ex.R1 — 19-8-2011

Copy of the reply given by

the respondent management

before the Labour Officer

( C o n c i l i a t i o n ) t o t h e

representation submitted by

the petitioner.

Ex.R2 — 29-9-2011

Copy of the letter given by

the petitioner to the Labour

O ffic er ( Co nc il ia ti o n )

Puducherry.

Ex.R3 —31-10-2011

Copy of the letter given by

the respondent management

to the Labour Officer

(Conciliation) Puducherry.

Ex.R4 —11-12-2012

Copy

of

the

remarks

furnished by the respondent

Weaving Department to the

petitioner.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 119/Lab./AIL/T/2017,

Puducherry, dated 12th July 2017)

NOTIFICATION

Whereas, an Award in I.D (T) No.16/2012, dated

29-5-2017 of the Industrial Tribunal, Puducherry in

respect of the

industrial

dispute between the

management of Automative Coaches and Components

Limited, (ACCL), Puducherry and PL Haulwel

Trailers Labour Union (AICCTU), Puducherry over non-

production of balance-sheet for the year 2007-08, 2008-09,

2009-10 and 2010-11, non-payment of bonus and ex

gratia @ 20% for the year 2010-11 without any

ceiling;

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.

A. RAJARATHINAM,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Monday, the 29th day of May 2017

I.D. (T) No. 16/2012

The President,

PL Haulwel Trailers Labour

Union (AICCTU),

No.22, 3rd Cross Street,

Sithankudi, Puducherry

. . Petitioner

Versus

The Managing Director,

M/s. Automotive Coaches

and Components Limited,(ACCL),

PL Haulwel Trailers Division,

No.79-19, Industrial Area,

Sedarapet, Puducherry-605 111

. . Respondent

This industrial dispute coming up before me for

final hearing on 10-5-2017 in the presence of

Thiru. M. Ganapthy, Advocate for the petitioner and

G. Krishnan, Advocate for the respondent on record and

subsequently when the case was posted for cross

examination of PW.1 the respondent being called

absent and set-ex parte upon hearing the petitioner and

perusing the case records, after having stood over for

consideration till this day, this Court passed the

following:

AWARD

1. This

industrial

dispute arises out of the

reference made by the Government of Puducherry vide

G. O. Rt. No. l15/AIL/Lab./J/2012, dated 13-7-2012

of the Labour Department, Puducherry to resolve the

following dispute between the petitioner and

the respondent viz.,

954

LA GAZETTE DE L’ETAT

[5 September 2017

(i) Whether the dispute raised by PL Haulwel

Trailers Labour Union (AICCTU) against the

management of M/s. Automotive Coaches and

Components Limited, Puducherry over non-production

of balance-sheet for the year 2007-2008, 2008-

2009, 2009-2010 and 2010-2011, non-payment of

bonus and ex gratia @ 20% for the year 2010-2011

without any ceiling are justified ?

(ii) If justified, what relief the union workmen

are 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 are as follows :

The petitioner stated that they have made a demand

for 20% bonus and 20% ex gratia for the year

2007-2008, 2008-2009, 2009-2010 and 2010-2011

for non-payment of bonus and ex gratia each @ 20%

and inspite of repeated demands the management

bluntly refused to furnish the balance-sheet of the

company

for

the

abovesaid

periods

and

the

management without producing any records or balance-

sheet simply alleging that there is loss for the

abovesaid period and that there was maximum

production and profit to the company and obviously

for this reason only the management is avoiding to

produce the balance-sheet for the abovesaid period

and that the management failed to note if, there is

surplus allocable profits it can be carried over to the

next year for paying maximum of 20% bonus to the

employees to encourage them and also failed to note

that the payment of ex gratia of 20% is also a legally

enforceable custom in the industrial area for several

decades. Thus, the management is evading to pay 20%

ex gratia also without any justification and that similar

industries involving very heavy manual and skilled

labour are paying 20% bonus with 20% ex gratia and

the management failed to note that the employees have

worked very hard and brought out a maximum

production to the respondent company for the relevant

period and also failed to note that similar industries

existing in the locality are paying 20% bonus with 20%

ex gratia every year to all its employees and the

management is also aware about this fact and even after

knowing this situation the management is refusing to

concede the just demands of the employees and

therefore, prayed to pass an Award directing the

respondent to pay 20% bonus and 20% ex gratia to the

petitioner union members for the years 2007-2008,

2008-2009, 2009-2010 and 2010-2011.

3. The averments in the counter filed by the

respondent are as follows :

(i) The respondent stated that the claim

statement made by the petitioner union is false and

stated that during the relevant period only one union

namely, Sedarapet Industries Pattali Workers Union

was the recognized and sole representative of the

workmen and the balance sheet for every financial

year was provided to them and that the workmen

were paid ` 3,500 as bonus and ` 500 as good will

amount for the financial year 2007-2008, ` 3,500

as bonus for the financial years 2008-2009, 2009-

2010 and 2010-2011 and ` 1,500 as ex gratia for

the financial year 2010-2011 and these payments

were made ad hering to the provisions of the

Payment of Bonus Act and that the bonus and other

payment as mentioned above were accepted by the

union and workmen and all the workmen have

received the same unconditionally and that the

management and the said Sedarapet Industries Pattali

Workers Union have entered into a settlement under

section 18(1) of the Industrial Disputes Act, 1947

on 2-2-2011 in respect of revision of wages and

other benefits and the petitioner union emerged

only thereafter and from its inception till date it

remains only as a minority and unrecognized union.

(ii) It is further stated that ex gratia/good will

payment are made in the absolute discretion of the

management and there is no criteria or guidelines

for the same and the provisions of the Payment of

Bonus Act do not provide for payment of ex gratia

and claiming of ex gratia as a matter of right is

illegal and that the bonus paid for the financial years

2007-2008, 2008-2009, 2009-2010 and 2010-2011

was in accordance with law and this industrial

dispute was raised by the petitioner union due to

inter union rivalry and it is not open to the petitioner

union to question the bonus paid and received by all

the

workmen

unconditionally

and

that

the

respondent company has been incurring huge losses

year after year and the company has accumulated

loss to the tune of ` 94.08 crores as on 31st March,

2014 and ` 104.50 crores as on 31-3-2015 and that

due to lack of orders, lower production/sales the

955

5 September 2017]

LA GAZETTE DE L’ETAT

company is struggling to meet even the basic

commitment of payment of salaries and wages and

the company had become economically and

commercially

non-viable

due

to

its

huge

accumulated losses and that the claim of the

petitioner union for payment of 20% bonus and

20% ex gratia for the financial years 2007-2008,

2008-2009, 2009-2010 and 2010-2011 is wholly

unjustified, unreasonable, baseless and contrary to

the provisions of the Payment of Bonus Act and do

not deserve any consideration either factually or

legally and prayed to dismiss the claim petition.

4. Despite of opportunity given to the respondent

management for cross examination of WW.l, the

respondent called absent and no representation for

respondent and hence, the respondent was set ex parte.

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

examined himself as WW.1 and no exhibits were

marked.

6. The point for determination is:

Whether the dispute raised by PL Haulwel Trailers

Labour Union (AICCTU) against the management of

M/s. Automotive Coaches and Components Limited,

Puducherry over non-production of balance-sheet

for the year 2007-2008, 2008-2009, 2009-2010 and

2010-2011, nonpayment of bonus and ex gratia @

20% for the year 2010-2011 without any ceiling are

justified or not.

7. Heard. Tt is the evidence of the petitioner WW.1

that the petitioner union had made demand of 20%

bonus and 20% ex gratia for the year 2007-2008,

2008-2009, 2009-2010 and 2010-2011 for non- payment

of bonus and ex gratia each @ 20% and that the

respondent management has refused to furnish the

balance sheet of the company for the abovesaid period

inspite of repeated demands and simply alleged that

there is a loss for the abovesaid periods and though

there was maximum production and profit of the

company and that therefore, the management is

avoiding to produce the balance-sheet. However,

though petitioner union has let oral evidence, no

exhibits were marked on the side of the petitioner.

8. From the evidence of WW.1 and records, it is

learnt that the petitioner union has made a demand with

the respondent management in respect of bonus and

ex gratia amount for which they have raised the

industrial dispute before the Conciliation Officer and

the conciliation proceedings were failed and that

therefore, this reference has been made to this Court

to decide

whether the dispute raised by the

petitioner union over the non-production of balance

sheet for the

year 2007-2008, 2008-2009,

2009-2010 and 2010-2011, non-payment of bonus

and ex gratia @ 20% for the year 2010-2011 are

justified.

9. On the other hand, the respondent has not let any

evidence since he was set ex parte. Though the

respondent has appeared and filed its counter, no

evidence was let in by them, to disprove the case of

the petitioner. Considering the fact that the petitioner

has

established

its

case

that

the

respondent

management has failed to produce the balance-sheet

for the year 2007-2008, 2008-2009, 2009-2010 and

2010-2011 and the petitioner union has demanded bonus

and ex gratia for the year 2010-2011 at the rate of

20%, it is to be held that dispute raised by the

petitioner union is justified and the petition filed by

the petitioner union is liable to be allowed.

10. In the result, the petition is allowed and Award

is passed directing the respondent to pay 20% bonus

and 20% ex gratia for the year 2010-2011 to the

petitioners as claimed by the petitioner union. No

cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the Open Court

on this the 29th day of May, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

List of petitioner’s witness:

WW1 — 22-2-2016

—

Pandi

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.