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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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CONTENTS

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Page

Page

.. 1300

Sentence arbitral du travail

.. 1300

Award of the Labour Court .. 1300

de tribunal.



.. 1309

Notifications du Gouvernement .. 1309

Government Notifications

.. 1309



.. 1315

Avis d’Adjudications

.. 1315

Tender notices

.. 1315



.. 1317

Annonces

.. 1317

Announcements

.. 1317



.. 1322

Corrigendum

.. 1322

Corrigendum

.. 1322

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

2017 } | 28 {

No.

48

Poudouchéry

Mardi

28

Novembre

2017 (7 Agrahayana 1939)

No.

Puducherry

Tuesday

28th

November

2017

1300

LA GAZETTE DE L’ETAT

[28 November 2017

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 155/Lab/AIL/T/2017,

Puducherry, dated 16th October 2017)

NOTIFICATION

Whereas, the Award in I.D. (T) No. 01/2010,

dated 31-7-2017 of the Industrial Tribunal, Puducherry

in respect of the industrial dispute between the

Management of G.T.F.C. Limited, Puducherry and its

workers over closure of the unit 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 23-5-91, it is hereby

directed by 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.

Monday, the 31st day of July 2017.

I.D. (T) No. 01/2010

1. P. Babukrishnan

2. Chandramathi

3. Muthazhagi

4. Pushpaveni

5. Geetha

. . Petitioners

Versus

The Managing Director,

M/s. G.T.F.C. Limited,

Puducherry.

. . Respondent

This industrial dispute coming on this day before me

for hearing in the presence of Thiru K. Velmurugan,

Counsel for the petitioners and Tvl. R. Ilancheliyan

and S. Geetha, Counsels for the respondent, upon

hearing both sides, upon perusing the case records,

this Court passed the following:

AWARD

1. This industrial dispute has been referred by the

Government as per the G. O. Rt. No. 9/AIL/Lab./J/

2009-10, dated 25-01-2010 for adjudicating the

following:

(i) Whether the dispute raised against the

management of M/s. G.T.F.C., Oulgaret, Puducherry

over closure of the unit represented by the workers

of G.T.F.C., namely, Tvl. P. Babukrishnan, M. Sathya

Bama, Jayamalini @ Navaneetham, Anthony, Jeevaraj

and Geetha @ Padma is illegal is justified?

(ii) If justified, to what relief, the petitioners are

entitled to?

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

terms of money if, it can be so computed?

2. The brief averments of the petition filed by

the petitioner are stated as follows :

The petitioners stated that the respondent factory

was started in the year 1997 in Oulgaret, Puducherry

region who manufactures Moulded Insoles, Counter

stiffner, Toecap, Steel shanks, etc., and the finished

products were supplied worldwide and that they have

joined in the respondent management ranging from

the year 2001 to 2005 onwards and they rendered

their services to the respondent management in a

sincere and honest manner without any sort of

blackmark whatsoever and that the respondent

factory is very successful in getting orders from

several companies and thereby earned enormous

profits and as such the respondent management has

established its sister concern in Iyyankuttipalayam

under the name “G.T.F.C. Trading” and that the

respondent management has employed about

62 workers and 40 staffs with imported machineries

in the factory unit situated at Oulgaret and

depending upon the necessity, the respondent

management used to transfer the workers and staffs

from the Oulgaret unit to the Iyyankuttipalayam unit

i.e., G.T.F.C. Trading and vice versa and further

stated that since the products of the respondent is

well-known for its standard and quality in the

International Arena, more orders were equipped upon

the respondent management and that unlike seasonal

employment, the respondent management is getting

regular orders from its customer companies like

Good leather, Jagar Export, NML, Sri Sakthi PKL,

Shoe Line, G.K.K., Baktech, Florans, etc., and due

to heavy work the petitioners and other workers in

the factory used to do overtime works and for which

1301

28 November 2017]

LA GAZETTE DE L’ETAT

over-time wages were also paid by the respondent

factory periodically and that on several occasions,

the respondent management has given its work to

outside job workers due to over accumulation of

orders and that the respondent factory used to pay

Bonus and other periodical increments to all its

workers every year and with the huge profits earned

from

factory

at

Oulgaret,

the

respondent

management has started another factory at

Pallavaram, Chennai under the name “CPSL”.

It is further stated that the 1st petitioner on

several occasions used to go to the Chennai unit and

train the workers regarding the operation of

machines and also he used rectify the problems in

the machines and that the respondent management

used to pay the travel allowance and other batta

expenses to the 1st petitioner in this regard and that

all the petitioners depends their livelihood solely

upon the income earned from the job given by the

respondent management and they are not having any

other source of income except the present

employment with the respondent management and

that during the month of January, 2009 the

respondent factory has produced 1.25 lakhs pairs

of Insole, 1,80,000 pairs of TPC, 8,000 pairs of

sole and 4,00,000 pairs of steel shanks and thus the

respondent factory has functioned in a full swing

operation and further stated that on 16-02-2009, the

respondent management without any prior notice/

intimation has permanently closed down the factory

and when the petitioners and other workers

contacted the respondent management, they replied

that they are going to shift the entire company to

Chennai and hence, they closed down the factory and

immediately the petitioners and the other 57 workers

that is totally 62 workers gave representation, dated

18-02-2009 to the Labour Officer (Conciliation),

Puducherry about the act of the respondent management

in declaring illegal closure of the factory and in

order to convenience to participate in the conciliation

proceedings, the said 62 workers authorised

6 workers namely P. Babukrishnan, Jayamalini @

Navanedham, Jeevaraj, M. Sathyabama, Anthony,

Geetha to represent in the dispute raised by the

62 workers collectively and meanwhile the respondent

management had started diverging the workers by

offering them lump sum settlement and by the

inducement of the respondent management, all the

workers except the 5 petitioners in the present

industrial dispute had received their settlement

benefits from the respondent management.

It is further stated that the respondent

management has not followed the procedures

contemplated under section 25-O of the Industrial

Disputes Act, 1947 before permanently closing

down the factory on 16-02-2009 and therefore, they

filed the present industrial dispute as against the

respondent for illegal closure of the factory praying

to declare that the closure of the respondent factory

effected by the respondent management on 16-02-2009

as illegal and improper and consequently direct the

respondent management to pay the statutory dues

like compensation for illegal closure, notice pay,

gratuity, earned leave cash benefits, unpaid wages,

bonus for the year 2008-2009, etc., with interest at

24% per annum from date of closure and till date

of realisation.

3. The brief averments of the counter filed by

the respondent are stated as follows:

The contentions of the petitioners in their claim

petition are absolutely false and not maintainable

under law and stated that the names of the

petitioners mentioned in the claim petition are not

a party in the terms of reference issued by the

Government in G.O. Rt. No. 9/AIL/Lab./J/2009-2010,

dated 25-01-2010 excepting one Babukrishnan and

therefore, the alleged petitioners do not have any

locus standi to file the claim statement and further

stated that since the respondent was supplying its

products to the foot wear exporters and on account

of the global recession the business was severely

affected, there were steady decrease in business,

which caused substantial financial loss and was

supplying its products to various factories in and

around Puducherry and several factories which were

manufacturing foot wears for exports have closed

down, on account of which the manufacturing of the

products became unviable and uneconomical and

there was accumulation of financial lose and the

respondent could not manage the business and in

addition to the adverse situation faced by the

respondent there were serious indiscipline, violent

behaviour including damage to machinery, assault

and threats by the workers at large and inspite of the

adverse situation the respondent tried to revive the

operations and the efforts taken failed and could not

come out successful and only in such a situation, the

respondent contemplated closure of the factory with

effect from 16-02-2009 and further stated that they

issued the notice of closure to the Government

under section 25 FFA of the Industrial Disputes Act

and also made known to all the workers about the

1302

LA GAZETTE DE L’ETAT

[28 November 2017

closure of the factory and also clearly informed

that every worker/employee employed would be

paid their legal dues such as pay in lieu of notice,

retrenchment compensation, gratuity, Pro-rata of

Bonus, un-availed leave salary and other legal dues

whatsoever and however a section workers did not

come forward to take up the settlement and raised

an industrial dispute vide letter, dated 18-2-2009

before the Labour Officer, Conciliation in which

there were 57 signatories and however, when the

dispute was pending out of total signatories of

fifty-seven workers, 52 workers voluntarily came

forward to directly negotiate the issue with the

respondent management and entered into settlement

under section 18(1) of the Industrial Disputes Act

and based on the settlement all the 52 workers

received their full and final settlement and further

stated that since majority of the workers accepted

the closure and also received their full and full

settlement the closure is deemed to have been

justified and as far as the remaining five workmen

were concern, the respondent was ready to settle

their dues along with other group of workmen and

only the respective workmen did not take up their

settlement on their own accord and therefore, the

petitioners do not have any right to claim any

interest against their dues for obvious reasons that

the non-receipt of their dues for over 8 years is

purely on their own accord and not fault of the

respondent and prayed to dismiss the claim pettion.

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

petitioners, PW1 was examined and Ex. P1 to Ex. P22

were marked. On the side of the respondent, no oral

evidence has been let in and no document has been

marked. Argument heard. Records are perused.

5. The point for consideration is:

Whether the dispute raised by workers of

G.T.F.C., namely, Tvl. P. Babukrishnan, M. Sathya

Bama, Jayamalini @ Navaneetham, Antony, Jeevaraj

and Geetha @ Padma against the respondent

management over the closure of the unit is justified

or not.

6. The Government has made this reference to

this Tribunal to decide the dispute raised by the

petitioners against the closure of the respondent

factory is justified or not. On this aspect, the records

and evidence are carefully perused. It is not in dispute

that the petitioners are the workers of the respondent

establishment and they had been in service and the

respondent factory was closed in the year 2009 and the

Industrial dispute was raised before the Labour Officer

(Conciliation) by all the workers of the factory over

the closure of the respondent factory and the claim of

the other workers have been settled by the respondent

management and these petitioners have filed this

industrial dispute to declare that the closure of the

respondent factory is illegal and for other monetary

benefits.

7. In order to prove their case the 1st petitioner

has examined himself as PW1 and exhibited Ex. P1 to

Ex. P22, From the evidence and exhibits marked on the

side of the petitioners, it is clear that the petitioners

are the workers of the factory and these petitioners

were working as Operators and as Maintenance

Technicians and the respondent management has closed

the factory on 16-02-2009 by giving a notice of

closure and against the closure the petitioners have

raised the industrial dispute before the Labour Officer

(Conciliation) on 01-02-2009 and these petitioners

have been working at the respondent management from

the year 2001 and they have been contributed for the

Employees’ State Insurance and Employees’ Pension

Fund. Though the respondent management has

contended that they have closed the factory as per the

laws after getting prior permission from the

Government, nothing is established by them before

this Court that they have closed the factory in

accordance with the labour laws and it is also admitted

by them that they have not paid any employment

benefits for the closure of the factory. In such

circumstances, the evidence of PW1 and the exhibits

marked on the side of the petitioners would go to show

that the petitioners have established the fact that they

are the workers of the respondent management and they

had been in service at the respondent factory and they

have not been paid employment benefits for the closure

of the factory as stated by the petitioners.

8. Furthermore, after hearing the argument of

both sides, both the parties have filed a joint

compromise memorandum along with the settlement

arrived at between them stating that on 31-07-2017

both the parties have mutually agreed and entered a

Memorandum of Settlement. The copy of the said

Memorandum of settlement dated 31-07-2017 and the

copy of the receipt is also filed along with the

memorandum which would reveal the fact that the

management and the petitionei has amicably entered

into the settlement today that is 31-07-2017 and the

petitioners namely, P. Babukrishnan has agreed for a

sum of ` 60,961, R. Chandramathi has agreed for a sum

of ` 23,555, I. Muthazhagi has agreed for a sum of

1303

28 November 2017]

LA GAZETTE DE L’ETAT

` 32,818, E. Pushpaveni has agreed for a sum of

` 38,566, R. Geetha has agreed for a sum of ` 40,890

for their employment benefits and therefore, the matter

has been settled between the parties by entering the

settlement and hence, the compromise is to be

recorded and the Award is to be passed in terms of

settlement and a copy of the settlement is to be

attached as part and parcel of the Award.

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

the Award is passed in terms of the Memorandum of

settlement arrived at between the parties today that is

on 31-07-2017 and the same is recorded and the

respondent is directed to pay the employment benefits

to the petitioners as per the settlement entered

between them and the said Memorandum of settlement

shall be attached as part and parcel of the Award. No

cost.

Dictated to the stenographer, transcribed by her,

corrected and pronounced by me in the Open Court on

this the 31st day of July, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

————

List of

petitioner’s witness:

PW1

— 26-06-2017— P. Babukrishnan

List of petitioner’s exhibits:

Ex.Pl

— 16-02-2009— Copy of the notice of

closure of the respondent

factory.

Ex.P2 — 18-02-2009— Copy of the letter given

by the employees of the

respondent factory to the

Labour

Officer

(Conciliation), Puducherry

regarding illegal closure.

Ex.P3 — 18-02-2009— Copy of the authorisation

letter

given

by

the

employees of respondent

factory to the Labour

Officer

(Conciliation),

Puducherry.

Ex.P4 — 23-02-2009— Copy of the intimation of

closure given by the

respondent management

to the Labour Commissioner,

Puducherry.

Ex.P5 — 27-02-2009— Copy of the letter submitted

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

management to the Labour

Officer

(Conciliation),

Puducherry.

Ex.P6 — 11-05-2009— Copy

of

the

letter

s u b mi t t e d

b y

t h e

respondent, management

to the Labour Officer

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

Puducherry.

Ex.P7 — 24-07-2009— Copy

of

the

Failure

report submitted by the

L a b o u r

O f f i c e r

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

Puducherry

to

the

Secretary to Government

(Labour), Puducherry.

Ex.P8 — 11-03-2005— Copy of the ESI card of

the

1st

petitioner

Babukrishnan.

Ex.P9 — 2006-2007— Copy of the Annual EPF

statement

of

the

1st

petitioner Babukrishnan.

Ex.P10— December, — Copy of the payslip of the

2008

1st petitioner Babukrishnan.

Ex.P11 —

–

— Copy of the Employment

identity card of the 1st

petitioner Babukrishnan.

Ex.P12—

–

— Copy of the Employment

identity card of the 2nd

petitioner Chandramathi.

Ex.P13— 20-05-2006— Copy of the ESI card of

t h e

2 n d

p e t i t i o n e r

Chandramathi.

Ex.P14—

–

— Copy of the Employment

identity card of the 3rd

petitioner Muthazhagi.

Ex.P15—

–

— Copy of the ESI card of

t h e

3 r d

p e t i t i o n e r

Muthazhagi.

Ex.P16— May, 2008 — Copy of the pay slip of

the

3rd

petitioner

Muthazhagi.

Ex.P17— 13-11-2006— Copy of the ESI card of

t h e

4 t h

p e t i t i o n e r

Pushpaveni.

1304

LA GAZETTE DE L’ETAT

[28 November 2017

Ex.P15— 2006-2007— Copy of the Annual EPF

statement

of

the

4th

petitioner Pushpaveni.

Ex.P19—

–

— Copy of the Employment

identity card of the 5th

petitioner R. Geetha.

Ex.P20— May, 2008 — Copy of the pay slip of

the

5th

petitioner

R. Geetha.

Ex.P21—

–

— Copy of the ESI card of

the 5th petitioner R. Geetha.

Ex.P22— 2006-2007— Copy of the Annual EPF

statement

of

the

5th

petitioner R. Geetha.

List of respondent’s witness: Nil.

List of respondent’s exhibits: Nil.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 159/Lab./AIL/T/2017,

Puducherry, dated 23rd October 2017)

NOTIFICATION

Whereas, the Award in I.D. (L) No. 43/2014, dated

28-9-2017 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. A. Kannan over

non-employment has been received;

Now, therfore, 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 23-5-91, 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 28th day of September, 2017

I.D. (L) No. 43/2014

A. Kannan,

Vedal Village,

Kadapakkam Post,

Cheyyur Taluk,

Kancheepuram District.

... Petitioner

Vs.

The Managing Director,

M/s. Pondicherry Institute of

Medical Sciences,

Ganapathichettikulam Village,

Kalapet, Puducherry.

... Respondent

This industrial dispute coming on 27-09-2017 for

hearing in the presence of Thiru L. Sathish, Advocate for

the respondent, Thiru G. Krishnan, Advocate for the

petitioner on record, the petitioner remained absent and

no representation for petitioner, upon hearing the

respondent, 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. l23/AIL/Lab./J/2014,

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

(i) Whether the dispute raised by the petitioner

Thiru A. Kannan, Anesthesia Technician 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 petitioner in his claim statement stated that

he has joined the respondent institution on 14-9-2010

on contract for two years vide appointment order

dated 13-9-2010 and as his conduct and performance

were found satisfactory, he was offered the post of

Anesthesia Technician on probation with effect from

17-9-2012 and on successful completion of the

probation period, he was confirmed as regular employee

1305

28 November 2017]

LA GAZETTE DE L’ETAT

with effect from 1-4-2013 vide confirmation order

23-3-2013 and he discharged his duties without any

blemish and his active involvement in the trade union

activities lead to expose him to the ill will of the

management which went to the extent of issuing a false

charge memorandum dated 15-2-2014 alleging that one

Ms. Guna, daughter of Mrs. Pichaiyammal, PIMS patient

gave a written complaint on 5-2-2014 stating that the

petitioner has received ` 300 from her towards cost of

medicines used for the procedure for undergoing

Electro Convulsive Therapy (ECT) and subsequently, the

alleged complainant herself has categorically stated

that the petitioner has not demanded any money from

her. The respondent has hatched a conspiracy against

petitioner and he had written according to the wishes

of Respondent Officer as it was misrepresented to him

that only a warning notice would be issued to him

since, the complainant herself has stated that he has

not demanded any money from her. The respondent

issued false charge-memo on 15-2-2014. In the

Department Enquiry, the petitioner was not afforded with

an opportunity to examine the said Ms. Guna and mark

as exhibit the letter given by her. The Enquiry Officer

made petitioner to believe that the enquiry was only in

compliance of procedure to close his file after

recording his admission and he would be allowed to

continue in service by issuing a warning notice.

Petitioner’s signature was obtained in the enquiry

proceedings held on 18-2-2014 and the enquiry came

to an end on that day itself. The enquiry proceedings

were not read over and explained to the petitioner.

The respondent has hustled through the matter in a

mechanical manner only to victimise the petitioner for

his union activities. The letter given by Ms. A. Guna

and the representation made by all the trade unions in

the respondent institution were not taken into

consideration. The enquiry conducted by the Enquiry

Officer was only an empty formality and was not in

accordance with the principles of natural justice and

was not conducted in a fair and proper manner. The

findings arrived at the enquiry are perverse and the

management is guilty of victimisation, unfair labour

practice and mala fide. The copy of the enquiry report

was also not served on the petitioner and the petitioner

was punished in an arbitrary manner. The punishment

of termination for the alleged misconduct was

outrageous, in defiance of logic and was shocking,

perverse, irrational, unconscionable and wholly

disproportionate. Therefore, the petitioner is entitled

to recover full back wages from the date of termination

till the date of reinstatement.

3. On the other hand, it is stated by the respondent

management in the counter that the petitioner was

employed as Anesthesia Technician on contract for two

years vide appointment order, dated 13-9-2010 and

he was confirmed as regular employee on 23-3-2013.

On 5-2-2014 the respondent management received a

written complaint from Ms.A. Guna, daughter of patient

Mrs. Pitchaiammal stating that petitioner had illegally

received Rs. 300 on 3-2-2014 from her for undergoing

Electro Convulsive Therapy (ECT) for her mother

alleging that the amount was towards the cost of

medicines used for the procedure and for which the

preliminary spot enquiry was immediately conducted

by the respondent's Additional Medical Superintendent,

HOD-Anesthesia, Personnel Manager and the Nursing

Superintendent, where Ms.A. Guna and petitioner were

enquired about the complaint given by her. Since, the

petitioner was caught red-handed, he categorically

admitted in writing that he received Rs.300 from the

said Ms. A. Guna for the ECT procedure by stating that

the said amount was required for medicines and had

actually taken the medicines without the knowledge of

respondent management from the O.T. stock. The said

Ms. A. Guna also endorsed in writing that Rs.300 was

received by petitioner for ECT procedure and she

identified petitioner before the enquiring committee.

The proceedings in preliminary enquiry was have been

signed by both the petitioner and the said Ms. A. Guna

before the Additional Medical Superintendant, HOD -

Anesthesia,

Personnel

Manager

and

Nursing

Superintendent.

4. The respondent further stated that inspite of

categorical admission of such grave misconduct in

preliminary enquiry, the respondent wanted to conduct

a full fledged enquiry giving full opportunity to

petitioner to defend himself. Accordingly, a charge-

memorandum dated 15-2-2014 was issued to the

petitioner for fraud and dishonesty in his service and

seeking his explanation. The petitioner once again

categorically accepted his illegal gratification vide his

explanation, dated 17-2-2014. In order to give further

opportunities to the petitioner to disprove the charges,

a domestic enquiry was initiated against the petitioner

and in the domestic enquiry proceedings dated 18-2-2014,

petitioner had also admitted that he used the medicines

in the O.T for the ECT without the knowledge of his

superiors and sought for forgiveness. The enquiry

proceedings were recorded in the presence of

petitioner, the petitioner also signed the same as a

token of his participation and he had nothing more to

say and hence, the enquiry was closed with the

recordings of the statement of petitioner and marking

1306

LA GAZETTE DE L’ETAT

[28 November 2017

of documents of the management. Based on the

proceedings done by Enquiry Officer, the oral and

documentary evidences the Enquiry Officer submitted

his findings dated 18-2-2014 holding the petitioner

guilty of the charges leveled against him under the

charge-sheet dated 15-2-2014 beyond all reasonable

doubts based on his own admission and evidence

on record. The management has perused all the

documents, domestic enquiry proceedings, and also

finding of the Enquiry Officer and more importantly,

the categorical admission of petitioner of his own guilty

on three occasion and taking the gravity of the

misconduct into account and to uphold discipline and

integrity in organisation and to prevent such

recurrences in future as a deterrent to other employees

the

respondent

issued

order

dated

19-2-2014

terminating the petitioner from service with effect

from 20-2-2014. As a medical institution, the

respondent requires the services of its Staffs, Officers

and Doctors, Nurses, Attendants, etc., at all times to

cater to the needs of its patients. It receives number of

emergency cases and round the clock attendances of

such patients are extremely essential and such illegal

acts would adversely affect the reputation of the

respondent’s hospital. Such indiscipline and lack of

character, if left, unpunished or even if lesser

punishments are imposed it will set a trend among the

other workers and for committing such illegal acts,

which will spread like contagious disease. Therefore,

the respondent was compelled take such severe action

which is fully justified.

5. In the course of enquiry, no oral evidence has been

let in on both sides and no exhibits were marked on the

side of the petitioner and on the side of the respondent

management Ex. Rl to Ex. R8 were marked. Heard.

6. Now, the point for determination is,

Whether the dispute raised by the petitioner against

the respondent management over his non-employment

is justified, or not and if justified, what relief is entitled

to the petitioner.

7. In this case this Court has already passed

preliminary Award in favour of the respondent holding

that the domestic enquiry conducted against the

petitioner workmen is valid. Hence, the petitioner was

directed to let any evidence on his side. But, though the

opportunities were given to the petitioner no evidence

was let in by the petitioner and subsequently he was

absent and hence, on 27-9-2017, the evidence of

petitioner side was closed and argument was heard.

Since, this Court has held that the domestic enquiry is

valid and conducted in accordance with the principles

of natural justice, it is to be decided that whether

findings of the Enquiry Officer is based on the evidence

and whether it is reasonable one and whether the

punishment

of

termination

from

service

is

proportionate to the gravity of misconduct.

8. On the above aspect, the evidence let in by the

respondent management and the petitioner before the

Enquiry Officer and documents exhibited are carefully

considered.

The

evidence

of

the

respondent

management would go to show that the petitioner has

committed the misconduct of illegal gratification

against the patient and therefore, the findings of the

Enquiry Officer holds good and hence, the punishment

is given proportionate to the gravity of the misconduct

by the disciplinary authority which is absolutely based

on the evidence let in before him and other

circumstances. Hence, the termination of the petitioner

from service is absolutely valid and sustainable and

hence, the industrial dispute raised by the petitioner

against the respondent management over his non-

employment is not justified and therefore, this Court

finds that the petitioner is not entitle for any relief as

claimed by him and as such the petition is liable to be

dismissed.

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

Dictated to Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 28th day of September, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

————

List of petitioner’s witnesses: Nil.

List of petitioner’s exhibits: Nil.

List of respondent’s witnessess: Nil.

List of respondent’s exhibits:

Ex. R1

23-02-2013 Copy of the confirmation letter

given by the respondent to the

petitioner.

Ex. R2

05-02-2014 Copy of the complaint letter

given by patient’s attender one

Mrs. A. Guna to the respondent.

Ex. R3

15-02-2014 Copy of the charge-memorandum

given by the respondent to the

petitioner.

1307

28 November 2017]

LA GAZETTE DE L’ETAT

Ex. R4

17-02-2014 Copy of the letter given by the

petitioner to the respondent.

Ex. P5

18-02-2014 Copy of the domestic enquiry

proceedings against the

petitioner.

Ex. R6

18-02-2014 Copy of the findings of the

Enquiry Officer.

Ex. R7

19-02-2014 Copy of the order passed by the

respondent against the petitioner

its postal registration slip.

Ex. R8

—

Copy of the letter given by

the petitioner to the Conciliation

Officer, Labour Department,

Puducherry.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 160/Lab./AIL/T/2017,

Puducherry, dated 23rd October 2017)

NOTIFICATION

Whereas, the Award in I.D.(T)No.02/2015, dated

28-9-2017 of the Industrial Tribunal, Puducherry in

respect of the industrial dispute between the Management

of M/s. Tamil Nadu State Transport Corporation,

Puducherry and Puduvai Pradesa Pokkuvarathu

Thozhilalar Sangam, Puducherry, over reimbursement

of medical expenses under the medical reimbursement

scheme to the petitioner Thiru K. Ramakrishnan,

Driver, 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 28th day of September 2017

I.D. (T) No. 02/2015

Puduvai Pradesa Pokkuvarathu Thozhilalar Sangam,

No. 20, Cuddalore Road, Ariyankuppam,

Puducherry-605 007.

. . Petitioner

Versus

The Managing Director,

M/s. Tamil Nadu State Transport Corporation,

Puducherry Depot, Uppalam,

Puducherry-605 001.

. . Respondent

This industrial dispute coming on 20-9-2017

before me for final hearing in the presence of Thiru

Durai Arumugam, Representative for the petitioner, the

respondent being called absent and set ex parte, upon

hearing the petitioner and perusing the case records,

this Court passed the following:

AWARD

1. This industrial dispute arises out of the

reference made by the Government of Pondicherry,

vide G. O. Rt. No. 21/AIL/Lab./J/ 2015, dated

17-3-2015 of the Labour Department, Pondicherry to

resolve the following dispute between the petitioner

and the respondent, viz.,

(a) Whether the dispute raised by the Puduvai

Pradesa Pokkuvarathu Thozhilalar Sangam over

reimbursement of medical expenses under the

medical reimbursement scheme to the petitioner

Thiru K. Ramakrishnan, Driver against the management

of M/s. Tamil Nadu State Transport Corporation

is justified?

(b) If justified, what relief the workman is

entitled to?

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

terms of money if, it can be so computed?

2. Inspite of due service of notice the respondent

called absent and the respondent was set ex parte.

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

petitioner PW1 was examined and Ex.P1 to Ex.P9

were marked.

1308

LA GAZETTE DE L’ETAT

[28 November 2017

4. The point for determination is:

Whether the dispute raised by the petitioner

union, over reimbursement of Medical expenses

under the medical reimbursement scheme to the

petitioner Thiru K. Ramakrishnan, Driver against the

respondent management is justified or not and if

justified, what is the relief entitled to the petitioner

Thiru K. Ramakrishnan.

5. Heard. The learned Counsel for the petitioner

has filed a written argument and the same is carefully

perused. Though the Government has referred this case

for adjudication against the respondent M/s. Tamil

Nadu State Transport Corporation, Puducherry

Depot, the petitioner sangam has filed a claim

statement, proof affidavit, written argument against

M/s. Tamil Nadu Government Transport Corporation,

Salamedu, Vazhudhareddy, Villupuram District, Tamil Nadu.

6. It is the evidence of the petitioner Ramakrishnan

that he was working at the respondent establishment

for about 30 years and he was affected by heart disease

and that there was bulge in the heart vein and he was

taken treatment at A.G. Padmavati’s Hospital with the

help of heart specialists and they have advised to

undergo an operation and the petitioner had admitted

at Shree Chitra Tirunal Institute for Medical Sciences

and Technology, Thiruvananthapuram to undergo an

operation which is not under the list of insurer of the

respondent and the petitioner has approached the

Managing Director of the respondent corporation for

getting no objection certificate to undergo operation

at the said hospital through letters but, the said letters

has not been replied by the respondent corporation

and that therefore, the petitioner has paid ` 1,50,000

to the Hospital for which cheque was issued and

petitioner was discharged from Hospital after 10 days

from operation he was asked for a sum of ` 13,598

and the same was paid by him and thereafter, he

approached the respondent corporation for reimbursement

of

` 1,63,598 under the registered post which was

received by the respondent but, it has not been replied

by the respondent corporation and the amount has also

not been reimbursed to the petitioner.

7. In support of case, the petitioner Ramakrishnan

has exhibited Ex.P1 to Ex.P9. Ex.P1 is the copy of the

outpatient receipt of A.G. Padmavati's Hospital

Limited. Ex.P2 is the copy of the requisition to issue

no objection certificate given by the petitioner

Ramakrishnan to the General Manager, India Health

Care Services, Chennai. Ex.P3 is the copy of the

requisition to issue no objection certificate given by

the petitioner Ramakrishnan to the General Manager,

Tamil Nadu Government Transport Corporation. Ex.P4

is the copy of the payment bill of ` 1,50,000 by the

petitioner Ramakrishnan to Sree Chitra Tirunal

Institute for Medical Sciences and Technology. Ex.P5

is the copy of the Discharge summary. Ex.P6 is the

copy

of

the payment

bill by

the

petitioner

Ramakrishnan to Sree Chitra Tirunal Institute for

Medical Sciences and Technology. Ex.P7 is the copy

of

the

requisition

given

by

the

petitioner

Ramakrishnan to the General Manager, Tamil Nadu

Government Transport Corporation. Ex.P8 is the copy

of the order in G.O. Rt. No. 680. Ex.P9 is the copy of

N.O.C. letter provided by Prof. Dr. M. Nachiappan. The

order of the Government of Puducherry under Ex.P8

runs as follows:

“In the Government order first read above, orders

have been issued for the implementation of New

Health Insurance Scheme 2012 to provide Health

Care Assistance to the employees of Government

Departments, Public Sector Undertakings, Statutory

Boards,

Local

Bodies,

State

Government

Universities,

Willing

State

Government

Organisations / Institutions and their eligible family

members with a provision to avail assistance up to

` 4.00 lakhs (Rupees four lakhs only) for a block

of 4 years on selection of a suitable Public Sector

Insurance Company through National Competitive

bidding.”

From the above order, it is clear that the employees

of State Governments, Public Sector undertakings,

Statutory Boards, Local Bodies are entitled for the

reimbursement of medical expenses under the scheme.

The petitioner has taken treatment at Shree Chitra

Tirunal Institute for Medical Sciences and Technology,

Thiruvananthapuram for the purpose of getting heart

treatment to save his life and hence mere not taking

treatment at the recognied Hospital of the Insurer

would not affect his claim and that therefore, the

respondent is liable to pay medical expenses of the

petitioner under

the abovesaid reimbursement

scheme and hence, the industrial dispute raised by the

petitioner sangam against the respondent management

over reimbursement of medical expenses under the

medical reimbursement scheme to the petitioner

Thiru K. Ramakrishnan, Driver, is justified and the

petition is liable to be allowed and the petitioner

K. Ramakrishnan is entitled for the relief as claimed

by him.

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

industrial dispute raised by the petitioner sangam

over reimbursement of medical expenses under

the medical reimbursement scheme to the petitioner

Thiru K. Ramakrishnan, Driver against respondent

management is justified and the petitioner

1309

28 November 2017]

LA GAZETTE DE L’ETAT

Thiru K. Ramakrishnan is entitled to reimburse the

medical expenses and an Award is passed by directing

the

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

T h i r u K. Ramakrishnan to reimburse the medical

expenses. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the Open Court on

this the 28th day of September, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

List of petitioner’s witness:

PW1 —03-12-2015—

K. Ramakrishnan

List of petitioner’s exhibits :

Ex.Pl —01-10-2012 Copy of the outpatient

receipt of A.G. Padmavati’s

Hospital Limited.

Ex.P2—24-12-2012 Copy of the requisition to

issue

no

objection

certificate given by the

petitioner Ramakrishnan to

the General Manager, India

Health

Care

Services,

Chennai.

Ex.P3—20.12.2012 Copy of the requisition to

issue

no

objection

certificate given

by the

petitioner Ramakrishnan to

the General Manager, Tamil

Nadu Government Transport

Corporation.

Ex.P4—02-02-2013 Copy of the payment bill of

` 1,50,000 by the petitioner

Ramakrishnan to Sree Chitra

Tirunal Institute for Medical

Sciences and Technology.

Ex.P5—11-02-2013 Copy

of

the

Discharge

summary.

Ex.P6—11-02-2013 Copy of the payment bill by

the petitioner Ramakrishnan

to

Sree

Chitra

Tirunal

Institute

for

Medical

Sciences and Technology.

Ex.P7—19-04-2013 Copy of the requisition

given

by

the

petitioner

Ramakrishnan to the General

Manager,

Tamil

Nadu

Government

Transport

Corporation.

Ex.P8—29-07-2013 Copy of the order in G.O.

Rt. No. 680.

Ex.P9—26-06-2017 Copy of N.O.C. letter provided

by Prof. Dr. M. Nachiappan.

List of respondent’s witnesses : Nil.

List of respondent’s exhibits : Nil.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G.O. Ms. No. 71, Puducherry, dated 10th November 2017)

NOTIFICATION

The Lieutenant-Governor, Puducherry, is pleased to

order the following reallocation of Subjects among

I.A.S., Officers in addition to the Subjects/Departments

already being held by them with immediate effect.

Sl.

Name of the Officer

Subjects allocated

No.

(1)

(2)

(3)

Tvl.

1. Dr. V. Candavelou, I.A.S.,

Health

CEO/Commissioner-cum-

Secretary to Government

(Finance).

2. Dr. S. Sundaravadivelu, I.A.S., Cooperation and HRI

Secretary to Government

(Personnel).

3. R. Mihir Vardhan, I.A.S.,

Science, Technology

Secretary to Government

and Environment.

(Works).

4. D. Manikandan, I.A.S.,

S a in i k We l fa r e a n d

Secretary to Government

Freedom Fighters Cell.

(Agriculture).

5. P. Parthiban, I.A.S.,

Industries and Commerce,

Secretary to Government

Transport, Port, Tourism

(Fisheries).

and, Wakf and Minorities

Affairs.

(By order of the Lieutenant-Governor)

ASHWANI KUMAR,

Chief Secretary to Government.