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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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Page

.. 1032

Sentence arbitral du travail

.. 1032

Award of the Labour Court .. 1032

de tribunal.



.. 1035

Notifications du Gouvernement .. 1035

Government Notifications

.. 1035



.. 1074

Avis d’Adjudications

.. 1074

Tender notices

.. 1074



.. 1074

Vente publique

.. 1074

Auction notices

.. 1074



.. 1075

Annonces

.. 1075

Announcements

.. 1075

[ 1031 ]

Registered with the Registrar

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

Dated : 26-9-2017

Price : ` 36-00

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

2017 }

| 26 {

No.

Poudouchéry

Mardi

Septembre

2017 (4 Asvina 1939)

No.

Puducherry

Tuesday

26th

September

2017

1032

LA GAZETTE DE L’ETAT

[26 September 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 131/Lab./AIL/T/2017,

Puducherry, dated 22nd August 2017)

NOTIFICATION

Whereas, the Award in I. D.(T)No. 29/2012, dated

27-6-2017 of the Labour Court, Puducherry in

respect of the

industrial

dispute between the

Management of M/s. Automative Coachers and

Components Limited, (ACCL), PL Haulwel Trailers

Division, Sedarapet, Puducherry and the President,

PL Haulwel Trailers Labour Union (AICCTU),

Puducherry 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.

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.

Tuesday, the 27th day of June 2017

I.D. (T) No. 29/2012

The President,

PL Haulwel Trailers Labour,

Union (AICCTU),

No.22, 3rd Cross Street,

Sithankudi, Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Automative Coachers 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 22-6-2017 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

enquiry, 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.l73/AIL/Lab./J/2012, dated 9-10-2012 of the

Labour Department, Puducherry to resolve the

following dispute between the petitioner and the

respondent, viz.,

(a) Whether the dispute raised by PL Haulwel

Trailers Labour Union against the management

M/s. Automative Coaches and Components

Limited, Puducherry over charter of demands such

as to fix the time Scale of Pay w.e.f. 1-9-2010 for

Grade-1, II & III, Transport allowance and

Attendance allowance etc., mentioned hereunder are

justified ?

(i) Grade I - ` 7,000-400-8,200-500-9,700-

600-11,500-700-13,600-800-14,400:

Grade II - ` 6,500-350-7,550-450-8,900-550-

10,550-650-12,500-750-13,250; and

Grade III -

` 6,300-300-7,200-400-8,400-

500-9,400-600-11,600-700-11,900.

(ii) Transport allowance @ ` 60 per day.

(iii) Attendance allowance @ ` 75 per day;

(iv) Washing allowance @ ` 500 per month

and other allowance etc., are justified?

(b) If justified, what relief the petitioners are

entitled to ?

terms of money, if it can be so computed?

2. The brief averments of the claim statement filed

by the petitioner are as follows :

(i) It is stated that since the agreement between

the employee and the management regarding the

service conditions of the petitioner union expired

by 31-8-2010, the petitioner union requested the

1033

26 September 2017]

LA GAZETTE DE L’ETAT

respondent to increase their wages proportionate to

the cost of living and the increase in the commodities

and they have made several representations to the

respondent

management

regarding

their

just

demands for revising their wages according to the

cost of living in person and also by representations

in writing and the respondent has not taken any steps

for revising the wages even after a lapse of two

years, the petitioner union have submitted a demand

on 1-3-2011 to the respondent for revising the

wages for Grade-I ` 7,000-400-8,200-500-9,700-

600-11,500-700-13,600-800-14,400, Grade-ll

6,500-350-7,550-450-8,900-550-10,550-650-

12,500-750-13,250 and Grade-lll

` 6,300-

300-7,200-400-8,400-500-9,400-600-11,600,700-

11,900.

(ii) It is further stated that inspite of their

representations the respondent has not whispered

anything regarding the just demands for revising the

wages and on the contrary the respondent is

extorting hard labors from the petitioner union on

the basis of the wages fixed in 2007 and the

management failed to note the exorbitant increase

of all prices of the commodities and the cost of

living of the employees and also failed to note that

the increment @ ` 50 to 100 was paid when the

salary was ` 1,000 to 1500 and now the increment

claimed is from ` 400 to 800 when the basic salary

claimed is ` 7,000 to 14,400 is justifiable and

further that the respondent management is very

keen in increasing the monthly salary to the

management staffs every now and then according to

the cost of living and on the contrary the

management is refusing even to have any

negotiations to the petitioner union for their just

demands and even before the conciliation.

(iii) It is further stated that since the respondent

management has not provided any housing facility

of their own, the employees are constrained to

travel 30 to 40 kilometres every day to attend their

work and hence, the petitioner has made a demand

of ` 60 per day as transport allowance taking into

consideration of the increase in the fuel price and

they have made their just demands of ` 75 per day

as attendance allowance and ` 500 per month as

washing allowance and the respondent management

completely shut their eyes without any justification

or reason regarding the just demands of the

employees hence, the petitioner union were

constrained to raise a dispute regarding the above

demands and without considering the demands of

the petitioner union the respondent management

started to attack the very existence of the petitioner

union with some ulterior motives and to avoid any

negotiations

with

the

petitioner

union

and

therefore, the petitioner union prayed this Court to

pass an Award fixing the time Scale of Pay w.e.f.,

l-9-2010 for employees Grade-I

` 7,000-400-

8,200-500-9,700-600-11,500-700-13,600-800-

14,400, Grade-II ` 6,500-350-7,550-450-8,900-

550-10,550-650-12,500-750-13,250 and Grade-III

` 6,300-300-7,200-400-8,400-500-9,400-600-

11,600-700-11,900 as for the payment of bonus at

20% and ex gratia at 20% to the employees with

Transport Allowance at ` 60 per day and washing

allowance at ` 500 per month and variable dearness

allowance at ` 12 for each point increase.

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 not maintainable either

in law or on facts and stated that due to accumulation

of stocks, lack of orders the management was unable

to provide any meaningful work to the workmen and

hence, the management declared layoff to all the

workmen with effect from 14-12-2015 and the

respondent factory has been incurring continuous

losses for several years and the accumulated losses

mounted to ` 100 crores as against the paid up capital

of ` 10. 66 crores and the company has been registered

as a sick company with the Board for Industrial and

Financial Reconstruction (BIFR) under the provisions

of the Sick Industrial Companies (Special provisions)

Act, 1985 and further that the cost of manufacturing

has far exceeded the competitive prices of the

company's products in the market and due to huge

accumulated losses the undertaking has become

economically and commercially non viable and beyond

possible salvage and in order to prevent further losses

the management was left with no option but, to close

down the respondent factory permanently and

irrevocably with effect from 29-12-2015 and the

workmen who were well aware of the crisis, instead

of extending their full fledged cooperation to the

1034

LA GAZETTE DE L’ETAT

[26 September 2017

management to over come the difficulties have

resorted

coercive

agitations

physically

preventing the dispatch of trailers manufactured in the

plant inspite of advise by the Police not to resort to

such activities and threatening the office staff.

(ii) It is further stated that prior to the formation

of the petitioner union the one and the only registered

and recognized union was Sedarapet Industries Pattali

Workers Union and the long term settlement was

arrived with the said recognized union pertaining to

productivity norms, productivity linked incentive

scheme, wage revision, dearness allowance, house rent

allowance, conveyance allowance, attendance, bonus,

food allowance, washing allowance, shoe polish

allowance, production allowance, personal allowance,

uniform stitching allowance, etc., and all the workmen

have accepted and received the benefits arose from the

settlement and the petitioner union was not in

existence at that time and subsequent to the said

settlement intra union rivalry developed in Sedarapet

Industries Pattali Workers Union resulting in the

formation of the petitioner union and further that mere

formation of a new union would not entitle them to

raise fresh demands during the tenure of the

settlement since all the members of the petitioner

union have accepted and received the settlement

benefits while they were members in the Sedarapet

Industries Pattali Workers Union which was the only

union existing in the factory espousing the cause of

all workmen during the relevant period.

(iii) It is further stated that the petitioner union has

suppressed all the material facts in the claim statement

viz., existence of one union in the respondent factory

prior to formation of petitioner union, 18(1)

settlement arrived with the said union, acceptance and

receipt of all the benefits arose from the settlement

by all the workmen including the members of the

petitioner union which was formed subsequent to the

settlement and that the said settlement was not in

question in the reference under adjudication and the

members of the petitioner union bound by the

settlement are not entitled to make fresh demands

during subsistence of the said settlement and prayed

this Court to dismiss the claim petition.

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

petitioner, the petitioner was examined himself as

PW.1 and Ex.Pl to Ex.P3 were marked and the

respondent called absent and no representation for

respondent and hence, the respondent was set ex parte.

5. The point for determination is:

Whether the dispute raised by the petitioner union

against the respondent management over charter of

demands such as to fix the time Scale of Pay with

effect from 1-9-2010 for Grade-I, II & III, transport

allowance @ ` 60 per day and attendance allowance

@ ` 75 per day, washing allowance @ ` 500 per month

etc., mentioned above are justified or not?

6. Heard. It is the evidence of the petitioner PW.1

that the service condition of the union members of the

petitioner union expired by 31-8-2010 and the union

has requested the respondent management to increase

their wages proportionate to the cost of living and

though the union has made several representations to

the respondent management regarding their just

demands for revising their wages according to the cost

of living the respondent management has not taken any

steps for revising their wages even after a lapse of two

years and in order to prove the case, the petitioner

union has exhibited Ex.Pl to Ex.P3.

7. It is clearly established through the petitioner

evidence and records that the petitioner union has

made a demand with the respondent management in

respect of wage increase 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 charter of demands are justified or not.

8. 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

union has established its case that inspite of several

representations

the

respondent

management

regarding their just demands for revising their wages

according to the cost of living the respondent

management has not taken any steps for revising their

wages, it is to be held that the petitioner union

members are entitled for the wage revision as

demanded in their charter of demands and that

therefore, the dispute raised by the petitioner union

before the Conciliation Officer over the charter of

demands is justified and the petition filed by the

petitioner union is liable to be allowed.

1035

26 September 2017]

LA GAZETTE DE L’ETAT

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

is passed by directing the respondent to fix the time

Scale of Pay with effect from 1-9-2010 for Grade-I

` 7,000-400-8,200-500-9,700-600-11,500-700-13,600-800-

14,400, Grade-II ` 6,500-350-7,550-450-8,900-550-

10 ,550 -650 -12 ,500 -75 0-13 ,250 and Grade-III

` 6,300-300-7,200-400-8,400-500-9,400-600-11,600-

700-11,900 and transport allowance @ ` 60 per day,

attendance allowance @ ` 75 per day and washing

allowance @ ` 500 per month 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 27th day of June, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

List of petitioner’s witness:

PW.1 — 22-06-2017—

Pandi

List of petitioner’s exhibits:

Ex.P1 — 01-03-2011 — Copy of demand sent by

the petitioner union to

the respondent.

Ex.P2 — 10-07-2011 — Copy of 18(1) settlement

made by the mother unit

of the respondent.

Ex.P3 — 24-12-2012 — Copy of 12(3) settlement

made by Larsen and

Tubro Limited with its

employees.

List of respondents witness : Nil.

List of respondents Exhibits : Nil.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

JUDICIAL DEPARTMENT

No. 2111/JUD/JM-II/PDY./2017.

Puducherry, the 4th September 2017.

NOTIFICATION

It is hereby notified that the case records mentioned

in the Annexure will be destroyed after one month

from the date of publication of this notification.

Hence, parties to those cases, who are willing to get

any of the documents or certified copies thereof, may

approach the Court within one month from the date

of this publication.

M. DHANALAKSHMI,

Judicial Magistrate-II

Puducherry.

————

ANNEXURE

Destruction Cases List in Summary Trial Cases

of Judicial Magistrate No. II, Puducherry

Sl.

Case

No.

2001

10326

10327

10329

10332

10333

10656

10658

10655

10652

10646

10347

10348

10349

10350

10614

10645

10334

10338

10339

10340

10341

10342

Sl.

Case

No.

10344

10345

10653

10654

10660

10661

10663

10699

10844

10845

10896

10897

10898

10899

10900

10901

10902

10903

10904

10905

10906

10907

10908