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.. 1240

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Award of the Labour Court .. 1240

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Notifications du Gouvernement .. 1259

Government Notifications .. 1259

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Etablissements dangereux

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Dangerous Establishments

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Annonces

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Announcements

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14 {

No.

46

Poudouchéry

Mardi

14

Novembre

2017 (23 Kartika 1939)

No.

Puducherry

Tuesday

14th

November

2017

1240

LA GAZETTE DE L’ETAT

[14 November 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 148/Lab./AIL/T/2017,

Puducherry, dated 5th October 2017)

NOTIFICATION

Whereas, the Award in I.D. (T) No. 09/2012, dated

24-8-2017 of the Industrial Tribunal, Puducherry in

respect of the industrial dispute between the management

of M/s. AVA Cholayil Health Care Private Limited,

Puducherry and Medimix Thozhilalargal Sangam, over

charter of demands such as (i) revision of Basic Pay

@ ` 6,000 (ii) annual increment @ ` l,500 (iii) HRA

@ ` 1,500 (iv) Conveyance and Educational Allowance,

etc., during the pendency of 18(1) settlement and to

negotiate with the union when there is change in

production process and production targets, etc., has

been received;

Now, therefore, in exercise of the powers conferred

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

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

the notification issued in Labour Department’s G. O. Ms.

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

by the Secretary to Government (Labour), that the said

Award shall be published in the Official Gazette,

Puducherry.

(By order)

S. MOUTTOULINGAM,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Thursday, the 24th day of August 2017

I.D. (T) No. 09/2012

The President,

M/s. Medimix Thozhilalargal Sangam,

No. 4, Vinayagar Koil Street,

S.M.V. Puram, Villianur,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. AVA Cholayil Health Care

Private Limited,

No. 283/1, Othiyampet, Villianur Post,

Puducherry.

. . Respondent.

This industrial dispute coming on 11-08-2017 before

me for final hearing in the presence of Tvl. S. Asokkumar,

A. Sakthivel and A. Govindh, Advocates for the petitioner,

Thiru. B. Mohandoss, 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. 78/AIL/Lab./J/2012,

dated 10-05-2012 for adjudicating the following:-

(a) Whether

the dispute raised by the union

workmen Medimix Thozhilalargal Sangam, (Reg.

No. 1593/RTU/2009), against the management of

M/s. AVA Cholayil Health Care Private Limited,

Puducherry over

charter

of demands

such

as

(i) revision of Basic Pay @ ` 6,000 (ii) annual

increment @ ` l,5 0 0 (iii) HRA @ ` 1,500

(iv) Conveyance and Educational Allowance, etc.,

during the pendency of 18(1) settlement and to negotiate

with the union when there is change in production

process and production targets, etc., are justified?

(b) If justified, to what relief the union

workmen are entitled to?

(c) To compute the relief if any, 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 union is the largest sangam of

the employees of the respondent's company. The

petitioner union has been rendering best service to

the respondent company and the members of the

petitioner union have been cooperating with the

management for the proper and best management of

the company. The members of the petitioner union

are dedicated employees, who toiled tirelessly for

the improvement of the company and further stated

that the company began to act against the interests

of its employee and in furtherance of the respondent

move to ameliorate their wealth the respondent

company had adopted unfair labour practice and

without consultation and talks with the union, the

respondent has obtained the signature of the

employees alleged to be a settlement under section

18 (1) of Industrial Disputes Act. The employees

were tempted and made to sign in the alleged

settlement. The petitioner's union Office Bearers

1241

14 November 2017]

LA GAZETTE DE L’ETAT

were ignored and finally without any alternative the

petitioner union members have also constrained to

sign in the alleged agreement which is not valid. But,

immediately on 23-03-2010, the petitioner union

sent a representation to the Labour Officer

(Conciliation), Puducherry setting forth their

objections to the validity of the alleged settlement.

Hence, the petitioner union has not consented to the

alleged settlement, dated 18-03-2010. So, it is not

valid and enforceable. However, the members of the

petitioner union have been cooperating for the

smooth management of the company.

(ii) It is further stated that the respondent

company had been operating with the production of

414 kgs. (103.05 x 4) and it continued till August,

2011. Suddenly, without having any talks with the

employees and without appraising the employees a

new production scheme was introduced under the

pretext that the price of oil has been increased and

wanted to supply low quality oil. So, the workers

were burdened with much hard work and they are

unable to reach the goal. The respondent realised the

same and added three more workers and the

production level was also reduced to 207 kgs. This

process had been going with the hard work and labour

of the workers. But, suddenly unmindful of the

workers

difficulty,

the

respondent

company

pressurised the workers to produce the quantity in the

old system that is 414 kgs. The employees expressed

their inability and impossibility of the respondent

unfair expectation with the poor quality of raw

materials. Hence, the petitioner union represented

and requested the management to have a talk with

them to arrive at an amicable settlement for which

the respondent was not willing. Even before that, the

petitioner union has been giving representations to

the respondent setting forth the problems in the

process

of

production

and

requested

for

rectification. But, the respondent has not heed to the

demands made by the petitioner union. The petitioner

union's several efforts to rectify the defects went in

vain. The petitioner union has vehemently opposed

the new system of production process introduced by

the management. So, without calling for any

conciliatory talks, the respondent has levelled unfair

charges against the union president Mr. Ayyappan and

initiated disciplinary action against other Office

Bearers also when the conciliation proceeding was

pending before the Labour Officer, Puducherry.

Hence, the petitioner union protested against the

vindictive attitude and victimisation of the Office

Bearers and other employees on false charges

and issued a notice to the respondent for a strike on

04-05-2012 that they are going on strike on 21-05-

2012. But, there was no strike on that day, hoping

that the management will rectify the defects and

concede to the demands of the petitioner union. But,

the respondent was very adamant and did not heed to

the request of the petitioner union.

(iii) It is further stated that the employees have

been working in the company for the past 20 years.

But, the respondent has been contending that the

company was started only about 17 years. It is not

correct. Previously the company was functioning in

the name of Padra Integrated Pharmaceuticals

Company Limited, at G.N. Palayam, Puducherry and

the present employees had been working there also

and then the company's name was changed in the

name of the respondent. It does not make any

difference. The respondent had previously produced

three variants of Medimix soaps and thereafter,

producing one variant only. The respondent has not

appraised the employees about the terms contained

in the alleged 18(1) settlement. The respondent has

its own union in the name of "Cholayil Thozhilalargal

Nala Sangam" and the members in the said sangam

are pro-management and they tempted and brain-

washed the other employees to sign. But, most of

the employees signatures were obtained only in blank

papers. The Office Bearers of the petitioner union

have always in their mind the general welfare of the

workers and in order to avoid any disturbance at that

point of time and with the view to work out their

remedy by raising a dispute later have merely signed

in the blank paper. The alleged settlement was the

result of threat, coercion and undue influence and

by luring the employees with attractive words.

However, all the terms included in the alleged

settlement are unilaterally incorporated by the

respondent without any consultation with the

petitioner union which has got the majority of

employees as its members. The petitioner union

members have not voluntarily signed in the alleged

settlement. Though the respondent agreed to increase

the wage at ` 750 per month, it was not given effect

to for the first one year and the alleged settlement

remained as dead letter. However, the petitioner has

been raising objections even from 23-03-2010 and

thereafter, series of representations have been made

asking for wage revision and fixing productivity

1242

LA GAZETTE DE L’ETAT

[14 November 2017

norms. But, the respondent has not come forward to

have talks with the petitioner union. In fact, the

respondent did not consider the petitioner as a union

at all eventhough, the petitioner union is having

majority of the employees as its members.

Previously there has been production of 414 kgs. all

along till August, 2011. From September, 2011, the

respondent has supplied low quality oil and also

reduced the quantity of oil by stating that the oil

price has been increased. In such circumstances, the

employees were put to much hard work and

productivity was also naturally reduced in view of

supply of sub-standard oil and the work consumes

lot of manual work and consumes time. The

petitioner union brought this fact to the notice of

the respondent and it was realised by the respondent

and the respondent has added three more workers

and also reduced the production to 207 kgs. The

petitioner union has been formed to advance the

cause and interest of workers and infurtherance of

their objective they have raised the issues of wage

revision and fixing productivity norms and also the

partiality attitude adopted by the respondent in

advancing loans to members of the respondent's

promoted union referred to above and other benefits.

In view of the dispute raised by the petitioner under

the representation, dated 24-05-2011 the matter was

referred to the Labour Officer (Conciliation),

Labour Department, Puducherry.

(iv) It is further stated that the petitioner union

has given a charter of demands to the respondent to

be complied with. But, the respondent has not

accorded to the demands made by the petitioner

union. The charter of demands is annexed herewith/

It

certainly

raises

an

industrial

dispute

as

contemplated under section 2(k) of Industrial

disputes Act. All the demands made by the petitioner

union pertain to the conditions of service, labour and

employment. So, the respondent's contentions that

there exists no industrial dispute is untenable. The

demands were communicated to the respondent. Even

before, the Conciliation Officer, the respondent has

not come forward with any settlement but, all along

raised the maintainability of the settlement without

considering the demands made by the petitioner and

therefore, the petitioner prayed this Court to declare

that the alleged 18(1) settlement, dated 18-01-2010

is invalid and unenforceable and to direct the

respondent to effect wage revision, productivity

norms and other demands made by the petitioner in

their representation, dated 24-05-2011 and to grant

appropriate reliefs.

3. The brief averments in the counter and

additional counter filed by the respondent are as

follows:-

The respondent denied all the allegations made by

the

petitioner

union

against

the

respondent

management and stated that the claim for the

declaration that the settlement, dated 18-03-2010

which was wrongly stated as 18-01-2010 in the claim

petition by the petitioner entered under section 18(1)

of the Industrial Disputes Act, 1947 can't be granted

by this Tribunal as per the provisions of the Industrial

Disputes Act and the matters coming within the

jurisdiction of the Tribunal as specified in the 3rd

Schedule of the Industrial Disputes Act, 1947 and there

are 11 items enumerated there on and none of them

refers to the validity of a settlement between the

employer and workmen and that the settlement, dated

18-03-2010 was arrived at between the management of

the AVA cholayil Health care Private Limited and its

workmen individually and the petitioner union is not a

party to the settlement and the petitioner union has no

locus standi to challenge the settlement, dated 18-03-2010

and further stated that the declaration of invalidity of

18(1) settlement, dated 18-03-2010 does not find

a place in the terms of reference and hence, it cannot

be taken up for adjudication and the petitioner has not

made out any justification for the demands and further

stated that consequent to the expiry of the period fixed

for the settlement, dated 18-03-2010 expired on 31-12-2012,

a fresh settlement was entered into between the

permanent workers and the management of the

respondent company under sec.l8(l) of the Industrial

Disputes Act, 1947 for the period from 01-01-2013

to 31-12-2015 and further, a fresh settlement was

entered into between the workmen and management of

the respondent under section 18(1) of the Industrial

Dispute Act, 1947 for further period of 3 years starting

from 01-01-2016 and ending with 31-12-2018 and

both the above settlements have exhaustively covered

the demands of the workmen relating to wage revision,

productivity norms and other demands and under such

circumstances, the petitioner union prayer for

effecting wage revision, productivity norms and other

demands as per the petitioners representation, dated

24-05-2011 is not maintainable and further stated that

any consideration of the reliefs claimed by the

petitioner union for wage revision, productivity norms

and other demands so as to affect the settlement

referred to above will cause prejudice to the individual

1243

14 November 2017]

LA GAZETTE DE L’ETAT

workmen who are parties to the settlement as they are

real beneficiaries and the petitioner union has no

representative capacity to make a claim in respect of

demands of the workmen of the respondent without

their consent and prayed to dismiss the claim petition.

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

petitioner PW.1 was examined and Ex.P1 to Ex.P7

were marked and on the side of the respondent RW.1

to RW.4 was examined and Ex.R1 and Ex.R2 were

marked.

5. The point for consideration is:

Whether the dispute raised by the petitioner against

the respondent management over charter of demands

is justified or not and if justified, what relief the

petitioners are entitled to?

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

parties, the evidence let in by either sides and the

exhibits marked on both sides are carefully considered.

On both sides written argument was filed and the same

is carefully considered.

7. It is clear from the pleadings of both the parties

that both the parties have admitted the fact that the

petitioner union is formed by the workers of the

respondent management and that they have made some

charter of demands by representation and subsequently

a memorandum of settlement was arrived at between

the permanent workers of the respondent establishment

and some of the workers have entered into the

settlement and these petitioners have not exhibited the

same and that they have raised the industrial dispute

before

the

Conciliation

Officer

wherein,

the

conciliation was failed and on the intimation of the

Conciliation Officer the Government has referred this

matter to this Court and it is also an admitted fact that

the petitioners have claimed for wage revision,

productivity norms and other demands made by the

petitioner in their representation, dated 24-05-2011

and for other reliefs.

8. In order to prove the claim of the petitioner union

the President of the union was examined as PW.1 and

he has stated in his evidence that they have employed

in the respondent establishment and the management

of the respondent establishment had adopted unfair

labour practice and instead of negotiating with the

union regarding the service condition of the work they

have entered 18(1) settlement containing unfair cause

regarding their service condition and unilaterally fixed

the productivity norms and the respondent management

is not interested in collective bargaining and the

respondent management has also created own union in

the name of "Cholayil Thozhilalargal Nala Sangam" and

the members of the said Sangam tempted and brain-

washed the other employees to sign in the alleged

settlement and the members of the petitioner union

have also constrained to sign in the alleged agreement

and most of the employees signatures were obtained

by the management only in blank papers and that

therefore, the representation was made by the petitioner

union to the Labour Conciliation on 23-03-2010

for conciliation and the respondent management

has taken action against the members of the union and

dismissed the Office Bearers as well as the other

employees who were in the forefront supporting the

union and therefore, the petitioner union has forced to

raise the dispute which was referred to this Court

since the conciliation was failed in which the

petitioner union has claimed the revision of Basic Pay

at ` 6,000, Annual increment of ` 1,500, House Rent

Allowance

` 1,500 along with Conveyance and

Educational Allowance during the pendency of 18(1)

settlement and to negotiate with the union when there

is a change in production process and production

targets, etc., and for other reliefs. PW.1 has further

deposed that the settlement in new discipline by fixing

the production norms without discussing with the

majority union as entered with the intention to break

the union which is certainly unfair labour practice

which would affect earnings of the workmen in the

form of wages which would be paid by the management

based on the production norms.

9. It is the main contention of the respondent

management that there is no settlement on 18-01-2010

under section 18(1) of the Industrial Disputes Act and

actually the settlement was arrived at between the

respondent management and the workers of the

establishment on 18-03-2010 under section 18(l) of

the Industrial Disputes Act and the Tribunal has no

jurisdiction to grant any relief as specified in the 3rd

Schedule of the Industrial Disputes Act, and there are

11 items enumerated thereon and none of them refers

to the validity of the settlement between the employer

and workmen and this matter can be decided only by

the Labour Court under 2nd Schedule of the Industrial

Disputes Act and further, contention of the respondent

is that the settlement was arrived at between the

individual workman with the respondent and the union

is not the party to the settlement and that therefore,

the petitioner union has no locus standi to challenge

1244

LA GAZETTE DE L’ETAT

[14 November 2017

the settlement, dated 18-03-2010 since all the

workers have been enjoyed all the benefits under the

said settlement and that therefore, the said workers

have to be necessary parties to the claim petition.

10. Admittedly, the alleged settlement which was

challenged by the petitioner union has been executed

by the individual workman with the respondent

management. As rightly stated by the respondent

management, the workmen who have entered the

settlement with the respondent management have been

enjoying the benefits of the settlement executed

under section 18(1) of the Industrial Disputes Act and

in such circumstances, without hearing the individual

workers of the respondent management who are

enjoyed the benefits of the settlement the validity of

the settlement cannot be decided. Furthermore, though

the petitioners have filed the claim statement, nowhere

in the claim statement they have mentioned the claim

of Basic Pay of ` 6,000, increment of `1,500 and

other claims. But, it was mentioned by them that they

have claimed only to direct the respondent to effect

wage revision, productivity norms and other demands

made by the petitioner union in their representation,

dated 24-05-2011. However, on perusal of documents,

the petitioner union has not at all filed any such

representation which was alleged to have been given

by them either to the respondent management or to the

Conciliation Officer on 24-05-2011 before this Court

for

consideration.

Without

filing

the

said

representation, dated 24-05-2011 how this Tribunal

could pass such an Award directing the respondent to

effect wage revision, productivity norms and other

demands made in the representation alleged to have

been made by them on 24-05-2011 as claimed by the

petitioner.

11. Though the petitioner have exhibited Ex.P1 to

Ex.P7, the representation, dated 24-05-2011 has not

been exhibited before this Court. Further in this case,

the individual workers who have entered settlement

under section 18(l) of the Industrial Disputes Act with

the respondent management have not been added

parties

to

the

proceedings.

Furthermore,

the

petitioners have claimed in the claim statement for

revision of wages on

the foot of the alleged

representation, dated 24-05-2011. But, it is the case of

the petitioner that even prior to the settlement, dated

18-01-2010 they have made representation before the

respondent management for the wage revision.

However, they have claimed in the claim statement that

they have made representation only on 24-05-2011

which is totally contrary to the pleadings and the said

representation also is not exhibited before this Court.

In such circumstances, this Court cannot pass any such

Award as claimed by the petitioner in the claim

statement.

12. Furthermore, though the petitioners have

claimed the Basic Pay at ` 6,000, Annual increment

of ` 1,500, House Rent Allowance ` 1,500 along with

Conveyance and Educational Allowance, they have not

produced any other settlement arrived at between the

workers of similar nature in any other establishment

within the region of Puducherry wherein, the

respondent establishment is functioning. Even they

have not produced Pay Slip of workers of same nature

of work in any other establishment. Nothing is before

this Court to decide that the petitioners are entitled

for the Basic Pay at ` 6,000, Annual increment of

` 1,500, House Rent Allowance ` 1,500 along with

Conveyance and Educational Allowance as stated by

them. The petitioners have not at all filed any

settlement or any other document or any Salary Slip

which was received by them before their demand

before this Tribunal. Even they have not summoned any

documents from the respondent to prove the same. In

such circumstances, the petitioner union have utterly

failed to prove the fact that what was the salary being

issued to them at the time of submitting charter of

demands and how they are entitled for the Basic Pay

at ` 6,000, Annual increment of ` 1,500, House Rent

Allowance

` 1,500 along with Conveyance and

Educational Allowance.

13. Further Ex.P4— Copy of 18 (1) settlement

which was arrived at between the respondent

management and other workers also would not disclose

the fact how much the salary was received by the other

workers of the respondent establishment and that

therefore, the petitioner is utterly failed to substantiate

their claim. From the foregoing reasons, this Court held

that without adding the individual workers who have

entered

the

settlement

with

the

respondent

management

and

without

exhibited

the

said

representation, dated 24-05-2011 the claim made by

the petitioner in the claim statement to declare that the

18 (1) settlement arrived at between the respondent

establishment and other individual workers is invalid

and unenforceable is not sustainable and that therefore,

the industrial dispute raised by the petitioner union

before the Conciliation Officer over the charter of

demand is not justified and therefore, these petitioners

are not entitled for the claim and hence this industrial

dispute is liable to be dismissed.

1245

14 November 2017]

LA GAZETTE DE L’ETAT

14. In the result, this industrial dispute is

dismissed. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the Open Court on

this the 24th day of August, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

List of petitioner’s witness:

P.W.1 — 19-01-2015 — Ayyappan

List of petitioner’s exhibits:

Ex.P1 — 17-06-2009 — Copy of certificate of

registration

of

trade

union.

Ex.P2 — 02-11-2009 — Representation to the

Manager.

Ex.P3 — 03-12-2009 — Representation to the

Manager.

Ex.P4 — 18-03-2010 — Copy of 18(1) settlement.

Ex.P5 — 12-08-2011 — R e p r e s e n t a t i o n

t o

conciliation.

Ex.P6 — 11-01-2011 — R e p r e s e n t a t i o n

t o

Manager.

Ex.P7 — 01-08-2012 — R e p r e s e n t a t i o n

t o

conciliation.

List of respondent’s witnessess:

RW.1

— 28-12-2016 — E.M.I.D. Lucas

RW.2

— 05-05-2017 — K. Saravanan

RW.3

— 05-05-2017 — S. Jayanthi

RW.4

— 05-05-2017 — R. Murugesan

List of respondent’s exhibits :

Ex.R1 — 01-01-2013 — Copy of the settlement

to

under to section l8(1)

31-12-2015

of the Industrial Disputes

Act, 1947 between the

ma nag emen t o f t he

respondent

and

its

individual workmen.

Ex.R2 — 01-01-2016 — Copy of the settlement

to

under to section l8(1)

31-12-2018

of the Industrial Disputes

Act, 1947 between the

ma nag emen t o f t he

respondent

and

its

individual workmen.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 149/Lab./AIL/J/2017,

Puducherry, dated 10th October 2017)

NOTIFICATION

Whereas, the Award in I.D.(L) No. 44/2014, dated

23-8-2017 of the Labour Court, Puducherry in respect

of the industrial dispute between the Management of

M/s. Pondicherry Institute of Medical Sciences,

Puducherry and its workman Thiru L. Bhuvaneswaran

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 the Secretary to Government

(Labour), that the said Award shall be published in the

Official Gazette, Puducherry.

(By order)

S. MOUTTOULINGAM,

Under 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 23rd day of August 2017

I.D. (L) No. 44/2014

L. Bhuvaneswaran,

Ganapthy Nagar,

(Travellers Bungalaw Back Side),

Marakkanam Post,

Tindivanam Taluk.

. . Petitioner/

Workman

1246

LA GAZETTE DE L’ETAT

[14 November 2017

Versus

The Managing Director,

M/s. Pondicherry Institute of Medical Sciences,

Ganapthichettikulam Village,

Kalapet.

. . Respondent/

Management

This industrial dispute coming on 7-8-2017 before me

for final hearing in the presence of Thiru R.S. Zivanandam,

Counsel for the petitioner, Thiruvalargal L. Sathish,

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

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. l24/AIL/Lab./J/2014,

dated 25-8-2014 for adjudicating the following:-

(i) Whether the dispute raised by the petitioner

Thiru L. Bhuvaneswaran against the management of

M/s. Pondicherry Institute of Medical Sciences,

Puducherry over his non-employment is justified?

If justified, what relief he is entitled to?

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

terms of money if, it can be so computed?

2. The averments in the claim statement of the

petitioner, in brief, are as follows :

(i) It is stated that the petitioner was appointed

as a Storeman in the respondent establishment on

19-12-2012 through his appointment letter for

initial period of two years and his salary was

fixed at ` 7,000 per month as per the details

mentioned in the appointment letter and he also

deposited a sum of ` 7,000 security as required by

the respondent and he discharged his service

unblemishingly for the period of one year and

further stated that on 12-12-2013, it was alleged by

the respondent on 13-11-2013 when a stock was

taken in the central store, it was found that a material

of Socket 20 amps was in shortage and requested

the petitioner to admit the shortage in order to

deduct from the salary and he was forced to write a

letter as intra-office memorandum admitting the

mistake with an assurance that the cost of material

will be deduct from the salary and further stated that

on 18-12-2013 he was issued an order of

termination without any charge-sheet or any

departmental

enquiry

and

immediately

the

petitioner met the Personal Manager about the

surprise termination order against him and the said

Manager ordered him to file a labour dispute before

the Labour Officer (Conciliation) and immediately

the petitioner on 22-1-2014 raised an industrial

dispute for reinstatement with backwages and upon

the notice of the Labour Officer (Conciliation) the

respondent

appeared

before

the

conciliation

submitted the written reply on 10-3-2014 and after

protracted conciliation, the Conciliation Officer

submitted a failure report on 5-8-2014 and on

25-8-2014 the Government of Puducherry had

issued a notification of reference to this Tribunal

to resolve a dispute between the respondent and the

petitioner.

(ii) It is further stated that the order of

termination,

dated

18-12-2013

against

the

petitioner is arbitrary, illegal and against the natural

justice and without any basis of rhyme or reason and

further stated that the petitioner was employed as

storeman as alleged by the respondent on contract

period of two years and therefore, within a period

of one year, terminating him simply without any

consciousness or reasonableness mainly based upon

bias and that the order of appointment, he was

employed for a period of two years on contract and

if, the service of the petitioner was not satisfied by

the respondent he may be removed from service

with a minimum period of notice but, he was not

terminated on the terms of contract and he was,

terminated on allegation of his conduct when the

allegation of misappropriation was made by the

respondent, the respondent ought to have initiate a

department enquiry and placed the charges against

the petitioner and must give an opportunity to the

petitioner to disprove the charges against him and

if, not the removal of the service of the petitioner

is simplified and it cannot be understood the terms

of contract of service and therefore, the petitioner

raised his demand with the respondent for re-

employment for violating the natural justice of

denying the right of independent enquiry and

therefore, the termination is illegal and void abinitio

and

further

stated

that

during

conciliation

proceedings the Labour Officer (Conciliation)

advised the respondent that the allegation of the

management or misconduct is not a grave in nature

and it is only a mistake in making the entry in the

stock register and the innocence of the petitioner

1247

14 November 2017]

LA GAZETTE DE L’ETAT

can be proved if, the enquiry initiated against him and

even inspite of it, it only a mistake and the

management can consider that the mistake of the

petitioner is due to oversight and also advised to

take back the petitioner for the employment and

since, the gravity of the punishment is excessive and

disproportionate to the mistake committed by him

and inspite of it the management is adamant and not

taking back the petitioner for employment and

therefore, thwarting the advice of the Labour Officer

(Conciliation) is purely an authoritative approach of

the respondent and it should be deprecate through

court of law.

(iii) It is further stated that after the termination,

the petitioner did not gainfully employed in any

other firm and any avocation in any of similar nature

and that it is not a misappropriation, its only wrong

entry in the stock register and no opportunity was

granted to the petitioner to dissolve the wrong entry

in the stock register and moreover the loss if

assessed, in the wrong entry, the cost of the material

is ` 200 and its negligible cost is not weighed by

the respondent before terminating from service and

however, the act of management is obituary and

violating of natural justice and prayed this Court for

reinstatement with back wages and continuity of

service

from

18-12-2013

i.e.,

the

date of

termination.

3. The brief averments in the counter filed by the

respondent are as follows :

The respondent denied the averments made by the

petitioner in the claim petition except those that are

specifically admitted by them in the counter

statement and stated that the cause title in the claim

petition is wrong as there is no Managing Director

in the respondent institution and the respondent is

headed by Director - Principal and therefore, the

cause title in the claim petition needs to be suitably

amended and further stated that the petitioner

L. Bhuvaneswaran Employee No. 5220 joined in

the respondent establishment on 19-12-2012 as

Storeman on two years contract vide appointment

order No. 298/PO/2012, dated 19-12-2012 which

was duly signed and accepted by him and as per

clause 3 and 5 speaks the rights of management for

discontinuations of service in respect of the

assessment and termination shall be made by giving

one month notice by letter on both sides and further

stated that it was reported that discrepancies were

noted in the Engineering section of the general

stores which was handled by the petitioner and it

was found that in the departmental issue note

specifying items issued from general stores to

Engineering Department (Issue No. l8713D05461,

dated 19-10-2013) prepared by the petitioner under

Sl. No. 2, Code No. E002957, 4 Nos” 20 A 1 way

switch (RO) was issued and it also been noted that

in the indent Form (Sl. No. 57043) for issue No.

l8713D05461, dated 19-10-2013 issued by the

Engineering Department to general stores, the

quantity of above two items has been subsequently

corrected from 4 to 14 in order to facilitate the

pilferage of 10 items and it was noticed during audit

and audit report, dated 28-11-2013 was submitted

showing the shortage of the items and it was also

noticed that subsequent department issue note

No. l8713D06141, dated 4-12-2013 was prepared

by the petitioner referring to the earlier indent no.

57043 including the 10 Nos of 20 A1 way switch

(RO) and 10 Nos of 20 A socket (RO) in order to

correlate with the tampered indent Form Sl. No.

57043, dated 19-10-2013 and on verification of

records in the Electrical section it was only 4 Nos’

each of 20 A socket (RO) and 20A 1 way switch

(RO) and the balance 10 Nos’ was not received by

the management and further stated that the petitioner

vide letter, dated 12-12-2013 accepted that he had

made an additional departmental issue note on

4-12-2013 without informing the stores in-charge

and corrected the indent Form and since the conduct

of petitioner and more importantly his integrity and

honesty was doubtful, the respondent management

invoked clause 3 of the terms of appointment and

issued order of discontinued from his contract of

service with effect from 19-12-2013 as the

management not satisfied with the performance of

the petitioner and prayed this Court to dismiss the

claim petition.

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

petitioner PW1 was examined and Ex.P1 to Ex.P10

were marked and on the side of the respondent RW1

was examined and Ex.R1 to Ex.R7 were marked.

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 and whether the

petitioner is entitled for the relief as claimed by

him?

1248

LA GAZETTE DE L’ETAT

[14 November 2017

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

parties, the evidence let in by either sides and the

exhibits marked on both sides are carefully considered.

In support of his case the learned Counsel appearing

for the petitioner has relied upon the citation in AIR

1999 SC 983. The learned Counsel for the respondent

has filed a written argument and relied upon the

following citations : CDJ 2011 SC 622, CDJ 2007 SC

139, CDJ 2007 SC 1312, CDJ 2006 SC 611, CDJ 2006

SC 1238, CDJ 2005 SC 604, 2000 AIR SCW 3439,

CDJ 2001 SC 363, CDJ 1999 SC 470, CDJ 1992 SC

118, CDJ 1961 SC 097, CDJ 2008 MHC 327, CDJ

2016 BHC 1370, CDJ 2014 GHC 080, CDJ 2013 DHC

1750, CDJ 2012 DHC 2073, CDJ 2010 BHC 2177,

CDJ 2008 APHC 690, CDJ 2008 PHC 075, CDJ 2001

GHC 481, 2000 2 LLJ 493, 1995 2 LLJ 492 AP HC,

(1994) II LLJ 423 Ker, India Tourism Development

Corporation Vs. Poonam Rai (DEL) and Mahesh Kumar

Vs. M/s. Fruit and Vegetable Projects.

7. It is clear from the pleadings of both the parties

that both the parties have admitted the fact that the

petitioner Bhuvaneswaran was appointed at the

respondent establishment as a Storeman on 19-12-2012

under an appointment letter for the contract period of

two years and his monthly salary was fixed at ` 7,000

and on 13-11-2013 audit was conducted by the

respondent management at central store and it was

found that material of socket of 20 Amps was in

shortage and without conducting any enquiry the

petitioner Bhuvaneswaran was terminated from service

on 18-12-2013 and that he has raised the industrial

dispute before the Conciliation Officer on 22-1-2014

and on failure of the conciliation the matter has been

referred to this Court.

8. It is the main contention of the petitioner that

only on the instigation and request and assurance of

the management that the cost of the material will be

deducted from the salary the petitioner has admitted

the shortage of socket of 20 Amps and the petitioner

was

terminated without any charge-sheet or any

departmental

enquiry on 18-10-2013

and that

therefore, the order of termination, dated 18-10-2013

is arbitrary, illegal and against the natural justice and

though the petitioner was employed as a Storeman on

contract period of two years in the respondent

establishment the termination of his service within the

period of one year simply without any consciousness

or reasonableness and that the petitioner was not

terminated on the terms of the contract but, he was

terminated on the allegation of his conduct of

misappropriation, for which the domestic enquiry is

required after placing charge against the petitioner and

the petitioner has to be given an opportunity to dispose

the charges levelled against him.

9. On the other hand, it is the contention of the

respondent that the respondent establishment is a

Multi-Speciality Hospital and Trauma Care centre,

providing plethora of medical facilities and treatments

to people in and around Puducherry region and also the

respondent runs a Medical College and Nursing

College within its premises and this petitioner was

appointed on 19-12-2012 as a Storeman on contract

period of two years and it only for the period of two

years from the date of employment and the

appointment to the petitioner also with specific terms

and conditions duly signed and accepted by the

petitioner in which it is accepted by the petitioner that

if, his conduct and performance are required to be

excelled ordinarily and after a period of six months he

will be evaluated and in case of any lapses in his

performance institutional rules will apply for his

assessment and discontinuation of his service and

clause 5 of the said appointment order would also

permitting the respondent management to terminate

the employee by giving one month notice or one

month pay in view of notice by either sides and his

employment was strictly only for period of two years

and his services were subject to contract monitoring

and scrutiny by the respondent and in the event of

petitioner found to be wanting in performance or his

conduct the contract of employment was terminable

and in audit report, dated 28-11-2013 it was found that

there is some discrepancy and showing shortage of 20

sockets.

10. From the contention of both the parties, it is

clear that the main issue to be decided in this case is

that whether the employee who appointed on contract

basis could be terminated without conducting domestic

enquiry and without serving charges for the reason of

low performance of the petitioner workman and that

to for the misconduct by causing shortage while

working as a Storeman. On this aspect, the records and

documents are perused. Admittedly, in this case the

petitioner is a contractual labour appointed for 2 years

under a contract and according to the appointment the

petitioner can be terminated by giving one month

notice. The petitioner has exhibited the appointment

order, dated 19-12-2012 as Ex.P1. The 3rd and 5th

terms and conditions of the appointment order runs as

follows:

1249

14 November 2017]

LA GAZETTE DE L’ETAT

“3. Your conduct and performance are required

to be excellent ordinarily. We suggest that you

cooperate with our monitoring of your performance

regularly and after a period of six months you will

be evaluated and in case of any lapses in your

performance the institutional rules will apply for

your assessment and discontinuation of your

service............... 4. The employment can be

terminated by giving one month’s notice or one

month’s pay in lieu of notice, by either side.”

From Ex.P1 - Appointment letter it is clear that the

petitioner was appointed as Storeman for a period of

two years on contract, and the abovesaid terms and

conditions would go to show that if, the management

found that there is any lapses in the performance it can

be discontinuation of the services of the petitioner and

furthermore, it is clear from the term 5 of the contract

that the petitioner can be terminated by giving one

month notice or one month pay in view of the notice

by either sides.

11. Even according to the case of the petitioner that

there was some shortage of socket of 20 Amps and it

was found in the audit conducted by the management

and this petitioner also gave a letter admitting the

shortage to the management and such circumstances

the petitioner has terminated from service under

Ex.P4-Termination order issued by the respondent

establishment to the petitioner, in which last four lines

would runs as follows :

“The Management is not satisfied with the

conduct and performance of Mr. L. Bhuvaneswaran

and is constrained to invoke clause 3 of his terms

of appointment and he is hereby discontinued from

his contract of service with effect from 19-12-2013.

He

may

approach

the

Finance/Personnel

Department for settlement of dues. He will also be

paid one month salary in lieu of notice board”.

The abovesaid termination order would go to show

that the management has not satisfied with the conduct

and performance of the petitioner and that therefore,

as per the terms of the appointment his service was

discontinued from the contract of service with effect

from 9-12-2013 and he has also been given one month

salary in view of the notice period and that therefore,

it is clear from the Ex.P4 - termination order that the

respondent management has terminated the petitioner

as per the terms and conditions of the contract.

12. The learned Counsel for the petitioner argued

that the petitioner was appointed as contractual

employee and though he has committed shortage by

over sight he cannot be terminated without issuing

charge memo and without conducting domestic enquiry

and without giving any opportunity to disprove the

charges since the petitioner was terminated on the

allegation of the conduct of misappropriation made by

the respondent management and in support of his case

the learned Counsel appearing for the petitioner has

relied upon the Judgment reported in AIR 1999 SC 983

-Dipti Prakash Banerjee Vs. Satvendra Nath Bose

National Centre for Basic Sciences, Calcutta and

others, wherein, the Hon’ble Supreme Court has

observed that,

(C) Constitution of India, Art.311 - Termination

of probationer - Stigmatic words - Need not be

contained in order of termination itself - Documents

referred to in order may also contain material which

may amounts to stigma and would vitiate order.

(D) Constitution of India, Art.311 - Termination

of probationer - Whether stigmatic - Order stating

that conduct, performance, during whole period not

satisfactory - Letter issued earlier to probationer

from management stated that he had prepared “false

bills” and “misbehaved with women academic staff

members” - Contents of letter form foundation of

termination order and not a case of mere motice -

other three letters referred to in termination order

contained not only certain allegations but, clear

adverse Endings by Director as well as by informal

Inquiry Committee - Said findings arrived at in

non-departmental inquiry are ‘foundation’ for

termination - order vitiated on ground of stigma -

Probationer not gainfully employed elsewhere -

Entitled to reinstatement and backwages”

and the learned Counsel for the petitioner has also

relied

upon

the

Judgment

reported

in

1993

LAB.I.C.913 of Delhi High Court, wherein it has been

observed that,

(B) Industrial Disputes Act (1947), Sch.2 Item 3,

Ss.2(00), 25F - Termination of Service - Misconduct

- Neither charge-sheet was issued to employee nor

inquiry was held - Memorandum of termination

amounting to retrenchment - Provisions of S.25F

not complied with - Award setting aside order of

termination of service by Labour Court - Not

illegal.

1250

LA GAZETTE DE L’ETAT

[14 November 2017

From the above observation of the Hon’ble Supreme

Court and the Hon’ble Delhi High Court, it is clear

that if, no workman is terminated from service on

certain allegation of any stigmatic words in termination

order that he has committed any misbehavior,

misconduct, or misappropriation without any domestic

enquiry by giving sufficient opportunity to disapprove

the charges leveled against him. But, on perusal of

Ex.P4 - termination order passed by the respondent

management to the petitioner does not contain any

allegation against the petitioner workman except that

his performance and conduct are not satisfied to the

management and that too, agreed by the petitioner

workman as per the terms and conditions of the

contract of the appointment since the petitioner

himself has accepted and read down the terms and

conditions under Ex.P1 - Appointment order.

13. Furthermore,

the

petitioner

himself

has

admitted the mistake of stock deficit by writing a letter

as intra office memorandum. While mistake of stock

deficit was admitted by him no further domestic

enquiry is required to prove the same and that

therefore, the domestic enquiry is not required to

terminate the petitioner from service. Admittedly, the

petitioner is a contract labour only for the term of

2 years and he is not a permanent employee which is

also evident from Ex.P1 and in such a case the

question of reinstatement would not arise and that

therefore, this Court after considering all the facts and

circumstances come to the conclusion that the

petitioner is not entitle for any relief of reinstatement

and backwages claimed by him and as such, it is to be

held by this Court that the Industrial tribunal raised by

the petitioner before the Conciliation Officer is not

justified and as such the claim petition is liable to be

dismissed.

14. 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 23rd day of August, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

List of petitioner’s witnesses :

PW1 —18-04-2015—

Bhuvaneswaran

List of petitioner’s exhibits :

Ex.Pl —19-12-2012 Appointment order issued by

the

respondent

to

the

petitioner.

Ex.P2—24-01-2013 ESI Temporary identity card

registration.

Ex.P3—12-12-2013 Intra office memo.

Ex.P4—18-12-2013 Termination order issued by

the

respondent

to

the

petitioner.

Ex.P5—December, Copy of the pay slip.

2013

Ex.P6—01-04-2014 Letter sent by the petitioner

to the Conciliation Officer.

Ex.P7—10-03-2014 Reply letter sent by the

respondent to the Labour

Officer (Conciliation).

Ex.P8—08-04-2014 Reply letter sent by the

respondent to the Labour

Officer (Conciliation).

Ex.P9—05-08-2014 Failure report sent by the

Labour Officer (Conciliation).

Ex.P10—25-08-2014

Notification

of

Labour

Department.

List of respondent’s witness :

RWl —02-03-2016 Karmel Reetha

List of respondent’s exhibits :

Ex.Rl —19-10-2014 Copy of Indent Form.

Ex.R2—24-10-2013 Departmental Issue note.

Ex.R3— October,

Copy of Indent Register.

2013

Ex.R4—29-02-2016 Letter of authorization.

Ex.R5—04-12-2013 C o m p u t e r

g e n e r a t e d

Departmental

issue

note

fabricated by the petitioner.

Ex.R6—11-12-2013 Co p y

o f

the

in te rn al

correspondences in respondent’s

institution on the incident

relation to petitioner.

Ex.R7—22-01-2014 Copy of the letter given by

the petitioner.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

1251

14 November 2017]

LA GAZETTE DE L’ETAT

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 150/Lab./AIL/T/2017,

Puducherry, dated 10th October 2017)

NOTIFICATION

W h e r e a s , Awa r d i n I . D . ( T ) N o . 0 1 / 2 0 0 7 ,

dated 22-8-2017 of the Industrial Tribunal, Puducherry

in respect of the Industrial Dispute between the

Management of M/s. Vasavi Modern Raw and Boiled

Rice Mill, Yanam and M/s. Bhargavi Agro Tech.,

Adavipolam, Yanam and Sri Vigneswara Rice Mill

Operators and Workers Union, Yanam over revision of

wages and other allied matters has been received;

Now, therefore, in exercise of the powers conferred

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

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

with the notification issued in Labour Department’s

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

hereby directed by the Secretary to Government

(Labour) that the said Award shall be published in the

Official Gazette, Puducherry.

(By order)

S. MOUTTOULINGAM,

Additional Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL -CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Tuesday, the 22nd day of August 2017.

I.D. (T) No. 01/2007

The President,

Sri Vigneswara Rice Mill Operators

and Workers Union,

(Regd. No. 1197/RTU/2000),

2-2, Golaghabathulla Street,

Yanam.

. . Petitioner

Versus

1. The Managing Director,

M/s. Vasavi Modern Raw and

Boiled Rice Mill, Adavipolam,

Yanam.

2. The Managing Director,

M/s. Bhargavi Agro Tech,

Adavipolam,

Yanam.

. . Respondents

This industrial dispute coming on 21-7-2017

before me f o r f i n a l h e a r i n g i n t h e p r e s e n c e

o f Thiru R.S. Zivanandam, Advocate for the

petitioner, Thiru L. Sathish, Advocate for the

respondent, upon hearing both sides, upon perusing

the case records, after having stood over for

consideration till this day, this Court passed the

following:

AWARD

1. This Industrial Dispute has been referred by the

Government as per the G.O. Rt. No. l87/2006/LAB/

AIL/J, dated 29-12-2006 for adjudicating the

following:-

(i) Whether the demand by Sri Vigneswara Rice

Mill Operators and Workers Union, Yanam for

revision of wages and other allied matters made

against the management of M/s. Bhargavi Agro

Tech, Adavipolam, and M/s. Sri Vasavi Modern Raw

and Boiled Rice Mill (P) Ltd., Yanam is justified?

(ii) If so, to give appropriate direction?

(iii) To what other relief workers are entitled to?

(iv) 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:

It is stated that the petitioner union is a workers'

union functioning at Yanam-one of the Region of

Union territory of Puducherry and the union consists

of workers belong to various rice mills of Yanam

region and that the 1st respondent Mill is functioning

since 1985 and its work force is 69 Nos. in various

categories and the 2nd respondent Mill is functioning

since 1984 and it is having 108 workers in various

categories and further stated that the petitioner union

raised an industrial dispute for revision of wages for

both the mills by their representation, dated 9-6-2004

and their main demands are revision of wages of

` 1,000 per head per month and overtime wages as per

the Act are to be paid and every completed 24 hours of

duty, 8 hours of wages to be paid as bata, night shift

work, every worker who discharge 2 workers' duty is

eligible to get 1 day bata and National festival holidays

to be implemented and the implementation of the wage

revision for every worker will be from 9-6-2004. On

16-11-2004, a representation was submitted to the

Regional Administrator, Yanam, marking a copy to the

Assistant Inspector of Labour to resolve the dispute

and another letter was also submitted on 1-12-2004.

1252

LA GAZETTE DE L’ETAT

[14 November 2017

On the basis of the letters, the protractive

Conciliation was held before the Assistant Inspector

of Labour at Yanam who is the designated authority

under the Industrial Disputes Act. The conciliation

ended in failure after several sittings and hence a

failure report was sent by the Asst. Inspector of

Labour, Yanam on 19-12-2005 to the Labour

Department and based on the same, the Labour

Department of Government of Puducherry issued a

notification on 29-12-2006 by making a reference of

this Labour Tribunal to resolve the dispute under

section 10(1)(d) of the Industrial Disputes Act.

It is further stated that the wages paid to the workers

are not in accordance to law or Minimum Wages Act

and there is no categorisation of workers and some

workers are paid piece rated and some are paid daily

wages and some monthly wages and there is

discrimination between male and female workers and

there is justification in seeking monthly wages for all

categories of workers and that the respondents are

dealing with 1500 bags of paddy and are earning

` 50,000 per day and only 15% is paid as wages and

the wages are not paid according to Minimum wages

Act applicable to Pondicherry and the existing wages

of workers for an Operator/Mill driver is far below the

minimum wages and there is exploitation of workers

and that the demand for increase of ` 1,000 per month,

an increment of ` 500 a month every year is justified

and that the respondents are calculating rice-mill

allowance and conveyance allowance in calculating the

wage and it is contrary to basic structure of minimum

wages and the revision of wages on basic wages, D.A.,

H.R.A., rice-mill allowance and conveyance shall be

on par for all the workers and prayed to dissolve their

issue according to the demands.

3. The brief averments in the counter filed by the

respondent are as follows :

The respondents denied all the averments made by

the petitioner union and stated that the petitioner union

is not a registered trade union and the union had not

been functioning for the last several years and the

union does not have the requisite membership and has

become completely defunct and is an unregistered,

unrecognised minority union. They are representing

only six workers, who are participants before the

conciliation proceedings. Only for the benefit of those

six workers the present industrial dispute has been

raised by the petitioner and that the combined strength

of the two respondents being 105 workers and the

petitioner union does not even represent 10% of the

total workforce of the respondents and further stated

that the petitioner union has not been authorised by its

General Body to raise the present dispute or to contest

the issue of wage revision before this Court and has

no mandate to represent the cause of workers who are

not its members and therefore, they cannot seek for the

wage revision on behalf of all the workers of the

respondents.

The respondents further stated that there is a clear

categorisation of workers in its mills by the distinct

nature of work allotted to each of the workers in its

mills and they assign specific duty to all its employees

be it, paddy hullers, paddy boilers, sweepers, helpers,

bag carriers or bag stretchers and except for the

6 workers who participated in the conciliation

proceedings no other workman have any affiliation with

the petitioner union and all the six workman who

participated in the conciliation proceedings are either

paddy hullers or paddy boilers who performed the

specific nature of job allotted to them and that the

six workers of petitioner union were never asked to do

any work other than paddy boiling or paddy hulling and

similarly a worker who is engaged as a helper or a

sweeper is never asked to do paddy hulling or paddy

boiling and further stated that by law, the respondents

are entitled to engage daily rated workers, jattu

workers or casual workers to whom the wages can be

paid on a daily rated basis and to demand monthly

wages to jattu workers or daily rated workers is absurd

and unsustainable more particularly in a seasonal

industrial activity like rice milling and further stated

that they are paying more than the wages prescribed

under the Minimum Wages Act and each of six

representative of the union are drawing salaries

between ` 2,200 to ` 2,850 depending upon their

grade, which is exclusive of the batta of ` 450 and

none of the workers of the petitioner union are

drawing a salary as low as what has been claimed in the

claim petition and further stated that they have

implemented the minimum wages prescribed under the

Act and that the Labour Officer, Conciliation has stated

in the report dated 29-5-2007 that the workmen

representatives request the Conciliation Officer to

enhance wages ` 350 on present wages that is ` 2,750

+ ` 350 and it shows that the workers were drawing

` 2,750 as salary which is way beyond what is prescribed

under Minimum Wages Act and during the conciliation

proceedings the respondents have magnanimously

agreed to give a flat high of ` 170 as against the

demand of ` 350 which was not acceptable to the

representatives of petitioner union and that the petition

filed by the petitioner union is clear abuse of Trade

union powers, is vexatious and\is liable to be dismissed.

1253

14 November 2017]

LA GAZETTE DE L’ETAT

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

petitioner PW1 was examined and Ex.Al to Ex.A10

were marked and on the side of the respondent RW1

was examined and Ex.Rl to Ex.R31 were marked.

5. The point for consideration is:

Whether the demand made by the petitioner union

for revision of wages and other allied matters against

the respondents is justified or not?

6. Heard. The submission of both the parties, the

evidence let in by either sides and the exhibits marked

on both sides, the written argument filed by the

petitioner are carefully considered.

7. The petitioner union have raised the industrial

dispute by giving their representation for the revision

of wages for Rl and R2 mills. They have sought for

enhancement of wages of ` 1,000 per head per month

and overtime wages as per the Act and for every

completed 24 hours of duty, 8 hours of wages to be

paid as bata and in the night shift work every worker

who discharge 2 workers' duty is eligible to get one day

bata and further demand is that the national festival

holidays to be implemented and implementation of

wage revision for every worker would be from

9-6-2004 and they have raised the industrial dispute on

16-11-2001 by giving representation to the Regional

Administrator, Yanam and the copy has been sent to the

Assistant Inspector of Labour to resolve the dispute.

Since, the conciliation was failed, the Government has

made this reference to decide the revision of wages

and other allied matters made against the management

of M/s. Bhargavi Agro Tech. Adavipolam and M/s. Sri

Vasavi Modern Raw and Boiled Rice Mill (P) Ltd.,

Yanam is justified or not.

8. It is the case of the petitioner union that the

respondent's mill have different categories of workers

like Drivers/Operators, Assistant Operators, Clerks,

Sweepers, Bag carriers or bag waiters and bag stitchers

and Sweepers and bag stitchers/waiters are piece-rated

with daily wages and others are treated as monthly

earners and that therefore, the union claimed that all

are to be treated as monthly wages and that their main

contention is that the respondent managements have not

paid the minimum wages to the workers who are

entitled to a maximum of ` 86 per day and minimum

of ` 77 for every category of workers and they have

asked to enhance the minimum of ` 1,000 from

existing wages.

9. On the other hand, it is contended by the

respondent managements that the petitioner union has

become defunct as many of its members have either

formed their own unions or have joined the other union

and even some of the office bearers of the union have

ceased to act as union leaders owing to their joining

avocations unconnected with the Rice-mills and the

union had not been functioning for the last several

years and the union is unregistered and unrecognised

minority union and the petitioner union does not even

represent 10% of the total workforce of the

respondents and the union has not been authorised by

its General Body to raise the present dispute or to

contest the wage revision before this Court and that

the respondent mills are entitled to engage daily rated

workers, jattu workers or casual workers to whom the

wages can be paid on a daily rate basis and the

representatives of the union are drawing salaries

between ` 2,200 to ` 2,850 depending upon their

grade, which is exclusive of the bata of ` 450 and the

respondents are implementing the minimum wages

prescribed under the Act and during the conciliation

proceedings, the respondents have magnanimously

agreed to give a flat high of ` 170 as against the

demand of ` 350 per month.

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

that the following facts are admitted by them that the

petitioner union members and executives are working

at the respondent mills and the petitioner union has

raised the industrial dispute before the Conciliation

Officer over charter of demands such as wage revision

for ` 1,000 per month and also for other benefits as

claimed in the claim statement and the conciliation

was failed and subsequently the case was referred to

this Tribunal to decide the fact that whether the

industrial dispute raised by the petitioner union over

charter of demands is justified or not and whether the

petitioners are entitled for any other relief.

11. To establish the case, the petitioner union has

exhibited Ex.Al to E.A10. The charter of demands is

exhibited as Ex.Al wherein, the petitioner has claimed

the demands from the management of both the mills

Rl and R2 that the monthly salary will be enhanced

to ` 1,000 per month to every operator, overtime

wages shall be executed as per Act, one day wage shall

be paid as bata for 24 hours duty and two batas shall

be paid if, a workers may have perform dual work at

night and festival holidays shall be executed as per

Act. From the above Ex.Al, it is clear that the

petitioners have made a representation over charter of

demands on 9-6-2004 to both the mill for the above

demands. Ex.A2- Reminder to the charter of demands

would evident that the union has made a representation

before the Assistant Inspector of Labour-cum-

Conciliation Officer on 1-12-2004 regarding the

1254

LA GAZETTE DE L’ETAT

[14 November 2017

charter of demands which was claimed by them from

the managements on 9-6-2004 and wherein, it is

stated by the union that the management had agreed for

8 hours work per day and to pay over time wages twice

to the wage. Ex.A3 and Ex.A4 are the reply of the

respondent management R1 and R2 to the Assistant

Inspector of Labour-cum-Conciliation Officer on 22-4-2005

which would evident that there was a conciliation

proceedings before the Assistant Inspector of

Labour-cum-Conciliation Officer on 22-4-2005 and

in the conciliation the managements have stated that

the petitioners are paid more than the D.A. included

minimum wages and the management is ready to pay

the statutory minimum wages and statutory minimum

bonus as revised periodically. Ex.A5 is a letter sent by

the petitioner union on 6-6-2005 to the Assistant

Inspector

of

Labour-cum-Conciliation

Officer

regarding the charter of demands submitted by them

which would evident that the conciliation meeting was

held on 28th April and 10th May, 2005. Ex.A6 is the

representation given by the union members to the

Regional Executive Officer, Yanam on 16-11-2004

regarding the charter of demands submitted by them

before the Conciliation Officer. Ex.A7 is the failure

report submitted by the Conciliation Officer, the

Assistant Inspector of Labour, Yanam to the

Government. Ex.A8 is the reference made by the

Government to this Tribunal to adjudicate the dispute

over the charter of demands raised by the petitioner

union. Ex.A9 is the salary slips which reveals that

some of the employees have received Rice mill

allowance ` 400 and Conveyance allowance ` 240 and

some of the employees have received rice mill

allowance ` 562 and conveyance allowance ` 338 in

the year 2005 for the month of August, 2005 and

further some of the employees have received rice

mill allowance ` 62 Conveyance allowance ` 375 in

the month of May, 2005 and in the month of January,

2005 some of the employees have received rice

mill allowance ` 566 and Conveyance allowance

` 340 and further the basic pay of ` 960, ` 1,350,

` 1,500 and ` 1359 were paid to the employees in the

year 2005 for various categories of employees.

Ex.A10 is the notification of the Government of

Puducherry passed in the year 2005 which reveals that

the Government of Puducherry has fixed the minimum

rate of wages payable to each category of employees

engaged in the rice mills, Flour mills and Dhal mills

of the Union Territory of Puducherry and ` 77 was

fixed as minimum rate of wages per day 8 hours work

to the rice mills paddy driver, millers, sweepers,

shellerman, winnowers, paddy soakers, water carriers,

watchman and mazdoors employed in polishing. On

perusal of records, Ex.A7 would evident the fact that

the conciliation was held and in the conciliation the

Conciliation Officer has observed that in the

conciliation the respondent management has accepted

for 8 hours duty and double O.T and the petitioner

union has claimed only enhancement of wages at

` 450 in the conciliation for which the respondent

management has accepted to enhance the wages to

` 170 instead of ` 450.

12. On the other hand, in order to prove the case,

the respondents have exhibited the copy of the list of

operators who have left the services of the respondents

as Ex.Rl, RTI form submitted by the respondent to the

registrar of trade union as Ex.R2, the copy of

certificate of Registration of the petitioner union

furnished by Registrar of Trade union under RTI as

Ex.R3, the copy of the returns filed by the petitioner

union to Registrar of Trade union on 8-2-2006 as

Ex.R4, the copy of the list of the office bearers as in

the year 2006 along with the rules and regulations of

petitioner trade union as furnished by the Public

Information Officer as Ex.R5, the copy of the

application submitted by the petitioner union for registration

of the trade union along with the list of their office

bearers as furnished by the Registrar of Trade Union

as Ex.R6, the copy of the memorandum of 18(1)

settlement between 1st respondent and Mistry and

Contract Jattu Labour as Ex.R7, the copy of

memorandum of settlement in Telugu under section

12(3) of Industrial Disputes Act as Ex.R8, the copy of

memorandum of settlement under section 18(1) of

Industrial Dispute Act as Ex.R9, the wage register of

respondent’s company for the months of September to

October, 2013 as Ex.R10, the original affidavit

executed by Siva Koti Venkatasamy as Ex.Rll, the

original affidavit executed by Badrajula Nageshwara

Roa as Ex.R12, the original affidavit executed by

Ulusukondayya as Ex.R13, the Memorandum of

settlement under section 18(1) between Sri Vasavi

Modern Rice Mills and the workers as Ex.R14, the

original Memorandum of settlement under sec. 18(1)

between Vasavi Modern V Rice Mill and the workers

as Ex.Rl5, the copy of the memorandum of 18(1)

settlement entered between 2nd respondent and (l)

Koppisetty Subrahmanyam, (2) Nati Srinivasan Roa,

(3) Saladi Adinaryanan, (4) Sundara Thata Roa as

Ex.R16, the copy of the memorandum of 18(1)

settlement entered between 2nd respondents and

(1) Choday Yedukondalu, (2) Gurumella Jondayya, (3)

Chavakula devadas as Ex.R17, the original receipts

given by Choday Yedukondalu to 2nd respondent

1255

14 November 2017]

LA GAZETTE DE L’ETAT

towards as full and final settlement on his

resignation.(3Nos.) as Ex.R18, the original receipts

given by Gurumella Kondayya to 2nd respondent as full

and final settlement on his resignation (3Nos.) as

Ex.R19, the original receipts given by Chavakula

devadas to 2nd respondent towards as full and final

settlement on his resignation.(3Nos.) as Ex.R20,

the

original

receipts

given

by

Koppisetty

Subrahmanyam to 2nd respondent towards as full and

final settlement on his resignation.(5Nos.) as Ex.R21,

the original receipts given by Nati Srinivasan to 2nd

respondent towards as full and final settlement on his

resignation.(5Nos,) as Ex.R22, the original receipts

given by Saladi Adinarayanan to 2nd respondent towards

as full and final settlement on his resignation.(5Nos.)

as Ex.R23, the original receipts given by Sundara Thata

Roa to 2nd respondent towards as full and final

settlement on his resignation.(5Nos.) as Ex.R24, the

original list of vouchers/receipts for payment made

towards arrears of wage increase by the 1st respondent

to some of its workers as Ex.R25, the original receipt

given by Batrajula Nageshwara Rao to 1st respondent

as full and final settlement of his resignation as

Ex.R26, the original receipt given by Bara Nageshwara

Rao to 1st respondent as full and final settlement of

his resignation as Ex.R27, the original receipt given

by A. Srinivasa Rao to 1st respondent as full and final

settlement of his resignation as Ex.R28, the original

receipt given by J.V.V. Sathyanarayanan to 1st

respondent as full and final settlement of his

resignation as Ex.R29, the original settlement arrived

between 1st respondent and Chitti Raju before the

Assistant Inspector of Labour, Yanam with receipt for

full and final settlement as Ex.R30, the copy of the

register of wages maintained by the respondents as

Ex.R31.

13. On perusal of the above records, Ex.R7 to

Ex.R9 are the copy of the memorandum of settlement

between the respondent management and contract Jattu

labours under section 18(l) & 12(3) of the Act in the

year 2003 and 2005. Ex.R10 would reveal the fact that

the respondent management is paying overtime wages,

HRA, ESI and PF contribution in the year 2013. Ex.R11

to Ex.R13 are the affidavit of the operators of the

respondent mill wherein, they have stated that they are

not the members of the petitioner union and that they

have resigned from the job after getting terminal

benefits from the respondent mill. Ex.Rl4 to Ex.Rl7

are the memorandum of 18(1) settlement arrived at

between the workers of the respondent mill and the

respondent management. Ex.Rl8 to Ex.R30 are the

original receipts given by the employees towards their

full and final settlement on their resignation which

would go to show that most of the employees of the

respondent mill have resigned their job after getting

full and final settlement from the respondent

management. These documents would go to show that

most of the employees of the respondent mill have

entered settlement with the respondent management

under section 18(3) and 12(3) of the Act and some of

the employees are also have resigned their job after

getting

all

the\benefits

from

the

respondent

management and majority of the employees are not the

members of the petitioner union and the office bearers

of the petitioner union only 6 members alone have

raised the dispute for enhancement of wages while

other employees have entered settlement under section

18(l) and 12(3) of the Act.

14. It is the main contention of the respondent

management that the petitioner union is a defunct one

and the union does not have atleast 10% of the workers

and only these 6 petitioners have claimed the overtime

wages, most of the employees resigned their job after

getting full and final settlement and some of the

employees have also entered into 18(1) settlement and

therefore, this petitioner union is not functioning and

that therefore, the petitioner union members are not

entitled for any relief. It is also established by the

respondent management that most of the employees

have left after getting full settlement and work benefits

by executing receipt for full settlement by resigning

their job and most of the employees have entered into

the settlement with them. Ex.A7 is the memorandum

of settlement made under section 18(1) of the

Industrial Disputes Act by the respondent management

on 23-9-2003 which would go to show that the

respondent management has agreed to increase all

piece rate wages by 7% payable to jattu labour and also

agreed to pay 65% extra wages for work rendered on

specified factory holidays and weekly holidays and

also agreed to contribute EPF and ESI.

15. It is not in dispute that the respondent

management have paying minimum wages to the

petitioners. There cannot be any objection to the

respondent management to pay minimum wages to the

petitioners according to the law. Admittedly, in the year

2005 under Ex.A10 a notification was notified by the

Government of Puducherry wherein, the wages of the

Rice mill employees were fixed at ` 77 per day for

8 hours work and that therefore the petitioner who

were working in the year 2005 at the respondent Mills

are entitle to get the minimum wages at the rate of

` 77 per day and the management have also agreed to pay

1256

LA GAZETTE DE L’ETAT

[14 November 2017

the over time wages and double wages for O.T. and the

respondent management have also admitted the fact

that they are ready to increase the pay at ` 77 from

the date of charter of demands and the petitioner union

have also agreed and demanded only enhancement of

`

450 in the wages and they have also claimed

increment for every year as the petitioners are the

union members and they are entitled for increment per

year. The petitioner union have claimed enhancement

of salary of ` 1,000 to its workers. As there is no

contract between the petitioner union and the

respondents the salary cannot be raised on the basis

of their claim at the rate of ` 1,000 per month and

furthermore, the petitioner union have claimed ` 450

in the conciliation proceedings and the management

have also accepted to enhance the salary of ` 170 at

the time of conciliation and furthermore, it would

evident from Ex.R7-Memorandum of settlement

arrived at between the jattu labours of the respondent

mill and the respondent management that the

respondent have agreed for rate of wages to its jattu

labours and agreed to pay 65% extra wages for work

rendered on specified factory holidays and weekly

holidays and also agreed to pay EPF and ESI

contribution apart from the bonus of 8.33% of wages

and though there is no settlement arrived at between

the union and the respondents, as the pay increase was

given to the jattu labours under the settlement entered

u/s. 8(l) of the Industrial Disputes Act on 23-9-2004

these petitioners are also entitled for the enhancement

of wages. However, enhancement of ` 1,000 cannot be

given to them since it is not stated by the petitioner

workmen on what basis `1,000 was fixed by them for

asking enhancement.

16. The petitioner workmen have claimed only

` 450 in the conciliation proceedings for which the

respondents have also accepted to grant `170 towards

revision of wages. The petitioners have not filed any

document or let any evidence that how they are entitled

for the wage enhancement of ` 1,000 per month. Wage

cannot be enhanced under statutory right without any

settlement or contract between the employee and the

employer. Hence, these petitioners are not entitled for

any wage enhancement of ` 1,000 as claimed by them.

However, the petitioners are entitled for the minimum

wage at the rate of ` 77 per day (` 77 x 30 days

` 2310) and they have also entitled for the Rice mill

allowance of ` 625, conveyance allowance of ` 375

and also entitled for the Dearness allowance for the

said pay of ` 2,310. Apart from the above minimum

wages, the petitioners are also entitled for the

overtime wages and the respondents have also to

contribute EPF and ESI contribution in respect of their

employees as claimed by the petitioners under the

statutory provisions. Further, the petitioners have

claimed bata and other things. But, no document is

exhibited before this court to grant such relief to the

workers. If, the petitioner workmen are working more

than statutory period of 8 hours they are entitled for

the overtime wages as claimed by them and that

therefore, it is to be held that the petitioners are

entitled for the minimum wages at the rate of basic pay

of ` 2,310, rice mill allowance of ` 625, Conveyance

allowance of ` 375 along with dearness allowance and

hence, the dispute raised by the petitioner union

against the respondents over their charter of demand

is justified and the petition is liable to be partly

allowed and the petitioner workmen are entitled for

the relief. However, as already discussed above the

petitioner workmen are not entitle for enhancement of

wages of ` 1,000 as claimed by them and hence Award

is to be passed to pay the minimum wages to the

petitioners after deducting the wages already paid to

them and for overtime wages and for contribution of

EPF and ESI.

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

the industrial dispute raised by the petitioner union

over the charter of demand is justified and an Award

is passed by directing the respondents to pay minimum

wages of ` 2,310 towards basic pay, ` 625 towards

rice mill allowance, ` 375 towards Conveyance

allowance along with proper dearness allowance and

house rent allowance to these 6 members of the

petitioner union for the said period i.e. from the date

of raising the industrial dispute before the Conciliation

Officer and further directed the respondents to pay

overtime wages to these petitioners if they have served

overtime and also directed to pay EPF and ESI

contribution as claimed by these petitioners and this

petition is partly dismissed in respect of charter of

demand of wage enhancement of ` 1,000. No cost.

Dictated to the stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 22nd day of August, 18-6-2015 for

adjudicating the following:-

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

1257

14 November 2017]

LA GAZETTE DE L’ETAT

List of pettitioner’s witness:

PW.1

— 21-08-2009— K. Subramanian

List of pettitioner’s exhibits:

Ex.Al

— 09-06-2004 —Charter of demands by

the union.

Ex.A2 — 01-12-2004 —Reminder to the charter

of demands.

Ex.A3 — 22-04-2005 —Reply

by

the

1st

respondent.

Ex.A4 — 22-04-2005 —Reply

by

the

2nd

respondent.

Ex.A5 — 06-06-2005 —Reminder to the charter

of demands.

Ex.A6 — 16-11-2004 —Representation to the

REO, Yanam.

Ex.A7 — 19-12-2005 —Failure report of the

Conciliation Officer.

Ex.A8 — 29-12-2006 —Reference

by

the

Government.

Ex.A9 — August,

— Wage slips issued by the

2005

1st respondent (5Nos).

Ex.A10— 24-01-2005 —Gazette

Notification

issued by the Government

of Puducherry .

List of respondent’s witness:

RW.1

— 03-01-2014— V. Sathyananda Kumar

List of respondent’s Exhibits:

Ex.Rl

— —

— Copy of the list of

operators who have left

the

services

of

the

respondents.

Ex.R2 — 01-03-2012 —RTI form submitted by

the respondent to the

registrar of trade union.

Ex.R3 — 15-03-2000 —Copy of certificate

of Registration of the

p e t i t i o n e r

u n i o n

furnished by Registrar

of Trade Union under

RTI.

Ex.R4 — 08-02-2006 —Copy of the returns filed

by the petitioner union

to Registrar of Trade

Union on 08-02-2006.

Ex.R5 — —

— Copy of the list of the

office bearers as in the

year 2006 along with the

rules and regulations of

petitioner trade union as

furnished by the Public

Information Officer.

Ex.R6 — —

— Copy of the application

s u b m i t t e d b y t h e

petitioner

union

for

registration of the trade

union along with the list

of their office bearers as

fu r n i s h e d

b y

t h e

Registrar of Trade Union.

Ex.R7 — 23-09-2003 —Copy of the memorandum

of

18(1)

settlement

between 1st respondent

and Mistry and Contract

Jattu Labour.

Ex.R8 — — — Copy of memorandum

of settlement in Telugu

under section 12(3) of

ID Act.

Ex.R9 — 24-09-2005 —Copy of memorandum

of settlement under

section 18(1) of ID Act.

Ex.R10— —

— Wage

register

of

respondent’s company for

the months of September

to October, 2013.

Ex.Rl1— 08-02-2007 —Original affidavit executed

by Siva koti Venkatasamy.

Ex.R12— 08-02-2008— O r i g i n a l

a ffi d a v i t

executed by Badrajula

Nageshwara Roa.

Ex.R13— 08-02-2007— O r i g i n a l

a f f i d a v i t

e x e c u t e d

b y

Ulusukondayya.

Ex.R14— 24-08-2008 —Memorandum

of

settlement under section

l8(l) between Sri Vasavi

Modern Rice Mills and

the workers.

Ex.R15— 28.02.2009 — Original Memorandum

of

settlement

under

section 18(1) between

Vasavi Modern Rice Mill

and the workers.

1258

LA GAZETTE DE L’ETAT

[14 November 2017

Ex.Rl6 — 15-03-2009— C o p y

o f

t h e

memorandum of 18(1)

s e t t l e m e n t

e n t e r e d

between 2nd respondent

and

(l) Koppisetty

Subrahmanyam, (2) Nati

S r i n i v a s a n

R o a ,

(3) Saladi Adinaryanan,

(4) Sundara Thata Roa.

Ex.R17— 06-08-2008— C o p y

o f

t h e

memorandum of 18(1)

settlement entered between

2nd respondents and

(1) Choday Yedukondalu,

(2) Gurumella Jondayya,

(3) Chavakula devadas.

Ex.Rl8 — 13-08-2008— Original receipts given

13-08-2008

by Choday Yedukondalu

31-08-2009

to 2nd respondent towards

as full and final settlement

on his resignation. (3 Nos.)

Ex.R19— 13-08-2008— Original receipts given

13-08-2008

by Gurumella Kondayya

31-08-2009

to 2nd respondent as full

and f i n a l settlement on

his resignation. (3Nos.)

Ex.R20— 13-08-2008— Original receipts given

13-08-2008

by Chavakula devadas to

31-08-2009

2nd respondent towards

as full and final settlement

on his resignation. (3Nos.).

Ex.R21— 31-03-2009— Original receipts given

b y

K o p p i s e t t y

Subrahmanyam to 2nd

respondent towards as

full and final settlement

on

his

resignation.

(5Nos.).

Ex.R22— 31-03-2009— Original receipts given

by Nati Srinivasan to

2nd respondent towards

as full and final settlement

on his resignation. (5Nos.).

Ex.R23— 31.03.2009 — O r i g i n a l

receipts

g i v e n b y S a l a d i

Adinarayanan to 2nd

respondent towards as full

and final settlement on

his resignation. (5Nos.).

Ex.R24— 31-03-2009— Original receipts given

by Sundara Thata Roa to

2nd respondent towards

as

full

and

final

settlement

on

his

resignation.(5Nos.).

Ex.R25— —

— Original

list

of

vouchers/receipts

for

payment made towards

arrears of wage increase

by the 1st respondent to

some of its workers.

Ex.R26 —31-08-2009— Original receipt given by

Batrajula Nageshwara

Rao to 1st respondent as

full and final settlement

of his resignation.

Ex.R27— 14-10-2008— Original receipt given by

Bara Nageshwara Rao to

1st respondent as full

and final settlement of

his resignation.

Ex.R28— 09-03-2009— Original receipt given by

A. Srinivasa Rao to 1st

respondent as full and

final settlement of his

resignation.

Ex.R29— 10-03-2009— Original receipt given by

J.V.V. Sathyanarayanan

to 1st respondent as full

and final settlement of

his resignation.

Ex.R30— 22-04-2008 —Original

settlement

arrived

between

1st

respondent and Chitti

Raju

before

the

Assistant Inspector of

Labour,

Yanam

with

receipt for full and final

settlement.

Ex.R31— December, — Copy of the register of

2006 and

and wages maintained by

January,

the respondents.

2007.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.