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2

Sentence arbitral du travail

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2

Award of the Labour Court

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2

de tribunal.

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20

Notifications du Gouvernement ..

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Government Notifications

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36

Etablissements dangereux

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Dangerous Establishments

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39

Annonces

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39

Announcements

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39

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2 {

No.

1

Poudouchéry

Mardi

2

Janvier

2018 (12 Pausa 1939)

No.

Puducherry

Tuesday

2nd

January

2018

2

LA GAZETTE DE L’ETAT

[2 January 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 181/Lab./AIL/T/2017,

Puducherry, dated 27th December 2017)

NOTIFICATION

Whereas, the award in I.D.(T) No. 01/2013,

dated 13-10-2017 of the Industrial Tribunal, Puducherry

in respect of the industrial dispute between Omkar Fine

Organics Employees Union, Puducherry and the

management of M/s. Omkar Fine Organics Private

Limited, Puducherry over termination, refusal of

employment, unfair labour practice and change of service

condition 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 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.

Friday, the 13th day of October 2017.

I.D. (T) No. 01/2013

Omkar Fine Organics Employees Union,

Rep., by its President,

Reg.No. 1702/RTU/2012,

No. 40, Selva Nagar,

Pillaiyar Kovil Street,

Uruvaiyar, Mangalam Post,

Puducherry.

. . Petitioner/

Trade Union

Versus

M/s. Omkar Fine Organics Private Limited,

Rep., by its Managing Director,

No. 22/2, Mangalam Road,

Uruvaiyar, Villianur Commune,

Puducherry-605 110.

. . Respondent/

Management.

This industrial dispute coming on 19-09-2017 before

me for final hearing in the presence of Thiruvalargal

P. R. Thiruneelakandan and A. Mithun Chakkaravarthy,

Counsel for the petitioner, Thiru S. Savariram, 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. 228/AIL/Lab./J/2012,

dated 21-12-2012 for adjudicating the following:-

(i) Whether the charter of demand over wage

revision, regularisation, protection of service condition,

implementation of safety measures etc., is justified

or not? If justified what relief they are entitled?

(ii) Whether the termination of K. Elumalai,

P. Prabu, A.Harikrishnan, J. Arul, G. Sasikumar,

K. Venkatesan, M.Iyyappan and A. Ilayaperumal is

justified or not ? If not justified what relief they are

entitled?

(iii) Whether the refusal of employment to the

following union workmen namely R. Arivaradhan,

N. Saravanakumar, M. Soundarapandian, A.Baskar,

B. Murugaiyan, G.Dasarathan, M. Murugan,

G. Suresh, S. Anbu, C.Ramesh is justified or not?

If not justified what relief they are entitled?

(iv) Whether the management adopted any unfair

labour practice under schedule V of the Industrial

Disputes Act? If so what remedy they are entitled?

(v) Whether the management violated the

provisions of section 33 of the Industrial Dispute

Act? If so what relief they are entitled?

(vi) 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 respondent factory is a

chemical industry, manufacturing fragrance and

flavours. It was established and commenced its

operation in the year 1993. Ever since the

petitioner union members are employed in the

respondent factory as workmen. There were

45 permanent employees including the petitioner union

members employed in the respondent factory in day

3

2 January 2018]

LA GAZETTE DE L’ETAT

to day manufacturing activities. They were paid

meager wage and extracted more than 8 hours of

work in a day and no overtime wage was paid and

there was no periodical wage increase, and other

allowances increased as time to time as increased

in other factory in that region. None of the safety

measure usually followed by the chemical industry

has been followed and welfare measures provided

under the labour laws are totally denied. The

respondent exploited the workers taking advantage

of their poverty. The petitioner and the other

workers were not even given written appointment

order and while so to protect their legal rights the

workers formed their trade union. The said union

raised charter of demand for wage revision and

other allowances. During 2009 the management

terminated all the members of the trade union

numbering 20 workmen without any reason.

As against the said illegal termination the said

workers approached the Labour Officer, Conciliation,

since there was no action the said workers

approached the Hon'ble High Court by filing Writ

petition No. 9724 of 2009. While pending the said

dispute before the Conciliation Officer and Writ

petition, the respondent settled 18 workers out of

20 workers.

(ii)It is further stated that the Hon’ble High Court

vide

its order, dated 03-07-2012 directed the

Government to refer the dispute regarding the issue of

non employment of the remaining 2 workers to the

Labour Court. In the year 2010, another batch of

workers numbering 8 who demanded wage increase

and other allowances also were removed from service

and they were not allowed to enter into the premises

of the factory. The said workers agitated against their

illegal termination and then they were given settlement.

The remaining 18 permanent workers demanded the

respondent management for wage revision, other

allowances, protection of service conditions and

implementation of safety measures to avert the

accident occur while handling the hazardous chemicals.

The respondent did not pay any heed to the demands

of the workers and had not even come forward for

negotiation. Hence, the workers decided to form a

trade union to address and resolve their grievances.

Since the respondent did not want the workers to form

any trade union in its factory made a complaint before

the Conciliation Officer as against the workers who

took active role in formation of trade union namely,

N. Saravanakumar, G.Suresh, M. Soundarapandian,

G.Thasaradan, M.Iyappan, Arivaradhan, A. Baskar as

there was a labour unrest in the respondent factory.

The conciliation took the said dispute and issued notice,

dated 22-07-2011. The said workers formed a trade

union on 11-03-2012 in the name and style of “Omkar

Fine Organics Employees Union” and on 24-04-2012

the said workers submitted an application in Form-A

before the Registrar of Trade union, Puducherry for

registration of Trade union. Since, the respondent did

not want the workers to form any trade union in its

Factory decided to victimise the workers issued a false

and frivolous charge memo against them.

(iii) It is further stated that the petitioner union

members made a complaint, dated 09-04-2012 and

12-04-2012 to the Conciliation Officer about the

victimisation and unfair labour practice of the

respondent management and sought for protection

of their service condition. On 07-05-2012 the

petitioner union raised an industrial dispute over the

charter of demand before the Conciliation Officer,

while pending the said dispute the respondent

without approval of the Conciliation Officer

terminated and denied employment to all the

members of the petitioner union and engaged north

Indian contract workers mostly from Orissa State in

manufacturing activities, which was opposed by the

petitioner union and raised an industrial dispute on

25-09-2012 over the issue of appointment of

contract workers in the place of permanent workers

and also preferred a complaint, dated 25-09-2012

against the respondent management for unfair

labour practice and also made a complaint under

section 33(A) of the Industrial Disputes Act against

the termination, denial of employment of the

petitioner union members service pending dispute

before the Conciliation Officer. Further, the

petitioner union raised an industrial dispute over the

illegal termination, denial of employment of its

members. The conciliation ended in failure and the

dispute has been referred for adjudication before

this Court. The petitioner prayed this Court to pass

an Award holding that the charter of demand of the

petitioner are justifiable and revise the wage of the

petitioner union workers and also holding that the

termination of service of petitioner union members

are illegal and violation of section 33 of the

Industrial Disputes Act and unfair labour practice

under schedule V of the Industrial Disputes Act and

set-aside the same and direct the respondent to

reinstate the petitioner union members in their

service with continuity of service, full back wage

and all other attendant benefits with effect from the

date of their respective termination of service.

4

LA GAZETTE DE L’ETAT

[2 January 2018

3. The brief averments in the counter filed by the

respondent are as follows:

(i) The respondent management stated that

the I.D. No. 1/2013 is neither maintainable in law

nor in facts and as such liable to be dismissed and

denied all the allegations mentioned in the claim

statement of the petitioner and stated that all the

allegations are false, frivolous and vexatious

contentions further there has been suppression of

material particulars/truth, therefore the claim

statement is nothing but mere abuse of process of

law and misuse of judicial machinery therefore, the

claim petition in I.D. No. 1/2013 is liable to be

dismissed and further stated that the alleged

reference made by the petitioner before the

Labour Officer (Conciliation) under the pretext of

industrial

disputes

such

as

protection

of

employment,

unfair

abour

practice,

illegal

termination, denial of employment against the

respondent as well as complaint under section 33

(A) of the Industrial Dispute Act are false, frivolous

and vexatious and that the alleged disputes taken on

file by the Conciliation Officer as I.D. Nos. 960/

LO(C)/AIL/2012, ID.No.1924/LO(C)/AIL/2012,

ID. No. 2624 / LO(C) / AIL / 2012, ID.No. 2623/

LO(C)/AIL/2012, are the disputes taken on file

based on the false complaints lodged by the

petitioner with an ulterior motive and intention to

spoil good atmosphere in the factory and thereby

committing

serious

misconduct

with

the

management and they did not perform their duties

and are only indulging in creating sabotage/

industrial unrest inside the factory premises

resulting heavy loss of production and therefore

the reference mentioned in page No. 2 (I to VI)

of the claim statement is one imaginary and created

and the failure report, dated 14-12-2012 cannot

taken into account for any purpose whatsoever.

(ii) It is further stated that their company is a

private limited company registered as per the

provisions of the Companies Act and the respondent

company's basic manufacturing products are

Flavours and Fragrance Chemicals (Plant extracts

etc.,) which are auxiliaries and ancillaries in food

processing and the products are supplied to global

companies in India and in abroad and those products

are highly demand in the market because of the fact

the standard of quality given by the respondent

company and compete with their products in the

international market and at present there are

30 employees are working in the factory including

6 women employees and in addition to the safety

measures and equipment’s providing by the

respondent company the respondent also providing

insurance coverage’s to all the employees for a minimum

sum of ` 1 lakh to maximum sum of ` 5 lakh,

depending upon the earning capacity of the

employees arising out and in the course of

employment and they are also providing 12%

Provident Fund to the employees for the total sum

drawn including all categories and for casual

employees the company is maintaining the

attendance register, for usual employees the

management use to give appointment letters.

(iii) It is further stated that N. Saravana Kumar

joined in the company on 11-01-1995 and became

Offi c e r- Wo rk s an d c o s ts in th e ye a r 2 0 0 9 ,

M. Soundarapandian joined in the company on

29-02-1995 and became the Executive Officer-

Industrial Procurement Cum Production in the year

2009 and R. Arivaradhan joined in the company on

22-06-1993 and became Executive Officer-

Commercial-cum-Development in the year 2009

and during the month of April, 2012 the above

mentioned three Officers received a monthly salary

of ` 8,525, ` 10,065 and ` 10,245 respectively and

infact the respondent company gave increment to

the above mentioned persons during the month of

May, 2012 with retrospective effect starting from

the month of January, 2012 however, the above

mentioned persons refused to receive the same and

as such returned un-served and further stated that

the Trade Union Certificate vide No.1702/RTU/2012,

dated 24-08-2012 has been issued by the Registrar

of Trade Union for Government of Puducherry

in contravention of section 4 of the Trade Union

Act for the reason that out of 7 members the above

mentioned 3 persons are officers of the respondent

management and they cannot be coined as workmen

as contemplated under section 2 (s) of the Industrial

Disputes Act and the salary they are received from

the respondent management cannot be termed as

wage as contemplated under section 2 (rr) of the

Industrial Disputes Act and the other persons

mentioned in the list of officers namely, S. Suresh,

G. Thasaradhan are temporary wo r k e r s a n d

M. Iyappan is a casual worker and A. Bhaskar is

a permanent worker of the respondent company and

therefore, the very registration of Trade Union itself

is under challenge and as such the petitioner cannot

5

2 January 2018]

LA GAZETTE DE L’ETAT

get any relief whatsoever in the present industrial

dispute since, the provisions of the trade Unions Act

and industrial disputes Act are violated by the

petitioners and they simply approach the LO (C) on

their whims and fancies and act of surmises which

is against to law and procedure.

(iv) It is further stated that under section 12(3)

of the Industrial Dispute Act settlement has been

arrayed between the respondent management and 16

workers of the respondent company vide No. 2/LO

(C) 2010 AIL, dated 29-03-2010 and despite the

fact settlement has been arrived the Labour Officer

(Conciliation) without apply her mind submitted

failure report to the Government and referred the

matter to this Court in I.D (T). No. 3/2013 and

thereafter, the entire facts has been brought and the

said I.D.No. 3/2013 was dismissed by order, dated

20-06-2013 and that the alleged Trade Union was

registered only on 24-08-2012 and that there is no

permanent workmen in the company the petitioner

could not make out a Trade Union as prescribed

under law and further stated that certain trainee

employee in the company namely B. Senthilkumaran,

S. Selvamani and K. Haridoss had committed

serious misconduct with the respondent management

therefore, the respondent management had issued

show cause notice, dated 08-11-2010 to the above

mentioned persons and after receipt of objections

from them domestic enquiry was initiated and since

the charges are proved as against them the

respondent has terminated the service of the above

persons by its termination orders, dated 23-03-2011

and the same was sent by registered post with

acknowledgments and despite the factum of

termination order passed the above mentioned

persons high handily threatened the respondent

management and its management including the

employees and as such the respondent company had

filed a suit in O.S. No. 642/2011 on the file of

Hon’ble Principal District Munsif, Puducherry for

the relief of permanent injunction and the same was

decreed as prayed for by Judgment and decree and

despite decree granted as against the above-mentioned

persons they did not kept quite on the contrary they

instigating the other loyal employees so as to create

problem in the respondent company thereby the

smooth functioning of the company is spoiled by

the other Officers namely, M. Soundarapanidan,

N.Saravakumar and Arivaradan since they are having

close relationship with the said terminated persons

and dancing according to their tunes resulting non

performing their duties in the company ultimately

affected production in the goods.

(v) It is further stated that in the mean time the

said p erso ns namely M. So und arap anid an,

N. Saravakumar and Arivaradan along with some

trainees in the respondent company submitted an

alleged representation before the Labour Officer

(Conciliation), Government of Puducherry on

09-04-2012 with false and frivolous allegations and

sought for an enquiry and that on 19.04.2012 Labour

Officer

(Conciliation)

forwarded

the

said

representation, dated 09-04-2012 and 12-04-2012

and called the respondent company to give

explanation and that on 26-04-2012 the company

had submitted detailed objection pin pointing the

petitioner's illegal act to the Labour Officer

(Conciliation) and that on

25-06-2012 reply

statement also filed by the management refuting the

allegations of the above mentioned persons and

filed a suit in O.S. No. 1121/2012 on the file of

III Additional District Munsif, Puducherry as against

the defendants therein for the relief of Permanent

Injunction. The respondent also filed a petition for

an ad-interim injunction in I.A. No. 2054/2012 in

O.S. No. 1121/2012 restraining the above mentioned

persons interference in the factory premises and for

other reliefs. On merits the said application was

decided and as such the III Additional District

Munsif allowed the interim injunction as prayed for

by Order and Decreetal order, dated 06-12-2012.

The said persons did not prefer any Appeal or

Revision as the case may be till date. Since the

workers continues their misconduct in the factory

without any legal or factual basis the respondent

company issued a notice, dated 06-04-2012 to the

defendants and informing the anti-activities of the

workers against the management and thereby

advised the workers to safe guard the interest of the

company for the benefits of all concerned and

despite the notice if, no improvement seen serious

action will be initiated by the respondent. Since the

workers wanted Tamil version of the above notice

the same was considered by the company and issued

Tamil version to the workers. In the mean time the

workers along with some trainees in the company

submitted an alleged representation before the

Labour Officer (Conciliation), Government of

Puducherry on 09-04-2012 with false and frivolous

allegations and sought for an enquiry which

forwarded to the respondent management sought for

explanation by the Labour Officer (Conciliation).

6

LA GAZETTE DE L’ETAT

[2 January 2018

On 26-04-2012 the respondent submitted detailed

objection pin pointing the worker's illegal act to the

Labour Officer (Conciliation), Government of

Puducherry. At this juncture the workmen started

alleged trade union without giving any intimation to

the respondent.

(vi) It is further stated that before taking actions

as against the workers the casual and temporary the

respondent followed the procedure of law.

Elumalai, Prabu, Harikrishnan, Arul, Sasikumar,

Venkatesan, Iyappan, Ealayaperumal are all temporary

and Casual workers. M. Iyyappan, K. Venkatesan,

K. Elumalai, A. Harikrishnan are removed for not

working in the strike period. Arul was suspended

along with Anbu and Ramesh for creating bogus data

logging.

Sasikumar refused to carry out alternate

work in May, 2012 suspended pending enquiry.

Ealayaperumal name removed from attendance for

abandoned the job for more than 2 months without

any intimation. R. Arivaradhan, N. Saravankumar,

M. Soundarapandian are restrained by virtue of the

order and Decreetal order, dated 06-12-2012 passed

in I.A. No. 2054/2012 in O.S. No. 1121/2012 on the

file of III Additional District Munsif, Puducherry.

Infact N. Saravankumar attained superannuation

from his service. A. Baskar, V. Murugaiyan,

G. Thasathan and Murugan are left the job on their

own and joined in some other companies. G. Suresh,

S. Anbu, C. Ramesh are suspended for their legal

act. The charge-sheet was given to the respective

workers and they did not participated in the enquiry

conducted and they left from the company on their

own. Elumalai, Prabu and Harikrishnan are casual

workers and as such the provision of Industrial

Disputes Act and Traded Union Act will not

applicable to them and consequently they are

arrayed as Office bearers in the trade union is also

yet another falsity against to the provisions of the

Trade Unions Act. The charge sheet furnished to

J. Arul, Anbu and Ramesh called for explanation the

respondent management fixed time for enquiry and

three time notice were sent to them despite above

factum they failed to participate in the enquiry and

as such further orders has been passed as per

law and procedure.

G. Sasikumar, Venkatesan and

Baskar refused to discharge their duties as directed

by the management so as to continue the process of

production but they deliberately not complied the

demands of the respondent but, idly they are present

inside the company without doing any work for

several days further except Baskar and other

persons are temporary and casual workers. Baskar

was suspended for retaining the company property

i.e., Motorcycle and refused to handover infact FIR

was registered by the Mangalam Police so as to

confiscate the motorcycle. Since Ealayaperumal

and Iyyappan are temporary workers/trainees in view

of continuous absent their name were removed from

the attendance register, infact they joined some

other companies without intimation to the

respondent management.

(vii) It is further stated that Arivaradhan,

Saravankumar, and Soundarapandian are office

bearers ranks of the respondent company they

received salary more than 10 thousand per month

and they are not categorised as workman as per the

definition of workman. Since they are induced other

workmen and loyal workers from discharging their

duties and committed serious misconduct with the

management and they are not performing their

duties and are only indulging in creating sabotage/

industrial unrest inside the factory premises and as

such by virtue of Injunction Order passed on

06-12-2012 in I.A. No. 2054/2012 in O.S. No.

1121/2012 on the file of III Additional District

Munsif, Puducherry they are resting from the

factory premises. Mr. Saravanakumar attained

retirement on 30-06-2013. The above mentioned

3 persons did not work inside the factory as

stipulated to discharge their duties on the contrary

they inducted other workers to go for strike for a

period of 8 months and during that period no

production was made and as such the question of

paying salary for this period will not arise under

the dictum of law “No work No pay” since eight

months there was no production in the company

resulting huge monetary loss to respondent

company including cancellation of all orders from

the market.

(viii) It is further stated that G.Thasaradhan left

job from the company on his own and he is only

temporary worker/ trainee. No registered trade

union particular was submitted by the petitioner at

any point of time. Infact the respondent came to

know the alleged Trade Union registration only

in O.S. No. 1121/2012 filed by the respondent as

against

Arivaradhan,

Saravankumar,

and

Soundarapandian. The company did not violate any

laws on the contrary, the respondent company is

7

2 January 2018]

LA GAZETTE DE L’ETAT

maintaining harmonious relationship with its

customers, employees, local villagers and the

Government of Puducherry. The company is

transparent in Labour relations in general by

following all the statutory enactments in letter and

spirit without violating any of the labour provision.

The names mentioned above are casual and

temporary workers therefore, the question of

reinstatement with full back wages does not arise

for any purpose whatsoever. The workmen

un-necessarily making false propaganda and false

statements before the public as well as statutory

bodies without any basic evidence and published

false statement in the newspapers so as to degrade

the goodwill of the company which is against to law

and procedure.

4. The brief averments in the rejoinder statement

filed by the petitioner are as follows:

The petitioner union denied all the allegations made

in the counter filed by the respondent management

except those that are specifically admitted and stated

that the petitioner union members have been

continuously serving in the respondent factory for

about 5 to 20 years length of service without any

break. But, they were not even issued appointment

order. Except few workers most of the workers were

not even paid ESI, PF contribution and they were paid

very meager wage despite extracting heavy works for

more than 8 hours in a day. The petitioner union

members joined together and formed petitioner trade

union and then demanded the respondent to confirm

their service and revise their wage, other allowances

at least on par with the other Industrial workers in that

region. The respondent did not wish to consider the

demand of the petitioner union members on the other

hand they decided to terminate the service of the

petitioner union members for their union activity.

As a result of which all of the petitioner union members

were denied employment in the year 2009, 2010 on

false, frivolous allegation without any enquiry. After

they were denied employment and their service were

terminated there is no permanent employees employed

in the respondent factory and the respondent running

the factory with help of the North Indian contract

workers mostly migrated from the State of Orissa,

despite the Government banned the engagement of

contract workers in the Chemical Industries.

The respondent without adhering the Government order

and in gross violation of the Act and Rules has engaged

unqualified contract workers in the direct manufacturing

process. Therefore, at present 30 employees employed

in the factory is false. The respondent has not

maintained the muster roll of the workers and separate

registers for workers as required under the factories

Act and Rules made there under, so as to engage the

North Indian contract workers. The workers were not

even given appointment order, only few workers who

had completed 10 to 15 years of their service, sought

for appointment order were alone issued appointment

order. The rest of the workers were not given any

appointment order, despite they have been continuously

working in the respondent factory for several years.

The union was duly registered in accordance with law under

the Trade Union Act, 1926. The petitioner union members

namely M. Saravanakumar, M. Soundarapandian,

R. Arivaradhan are workmen and they are not Executive

Officer and they have been paid the current

average wage of ` 8,000 to `10,000 after their long

service of more than 15 years. The termination of

batch of workers in 2010 and another batch of workers

numbering 8 are all matter of record and it cannot be

disputed.

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

petitioner PW.1 was examined and Ex.P1 to Ex.P142

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

was examined and Ex.R1 to Ex.R33 were marked.

6. The point for consideration is:

(i) Whether the charter of demand over wage

revision regularisation, protection of service

condition, implementation of safety measures etc.,

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

entitled to the union.

(ii) Whether the termination of Thiru K. Elumalai,

P. Prabu, A. Harikrishnan, J. Arul, G. Sasikumar,

K. Venkatesan, M. Iyyappan and A. Ilayaperumal and

the refusal of employment to the following union

workmen namely, R. Arivaradhan, N. Saravanakumar,

M. Soundarapandian, A. Baskar,B. Murugaiyan,

G. Dasarathan, M. Murugan, G. Suresh, S. Anbu,

C. Ramesh are justified or not and if not justified,

what is the relief entitled to them.

(iii) Whether the management adopted any unfair

labour practice under schedule V of the Industrial

Dispute Act and violated the provisions of section

33 of the ID Act and if so, what is the remedy and

relief entitled to them.

7. 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 the side of the respondent, the written argument

was filed and the same is carefully considered.

8

LA GAZETTE DE L’ETAT

[2 January 2018

In support of his case the learned Counsel for the

respondent has

re lie d u p o n th e J ud g men ts

reported in (19 99) AIR SC 1441, (2008) 6 MLJ

626, Supreme Court of India- Himanshu Kumar

Vidyarthi and Others Vs. State of Bihar and Others,

dated 26-03-1997 and W.P. No. 3976 of 2004.

8. Discussion and Decision on Point No.1:-

From the pleadings of both the parties it is clear that

the workers of the respondent establishment formed

a union and the petitioner union has raised the

industrial dispute over charter of demands to revise the

wages and other monetary benefits and they have also

raised the industrial dispute and they have moved to

Hon'ble High Court seeking an order directing the

Conciliation Officer to send the failure report to the

Government and various correspondences were taken

place between the members of the union and the

respondent management and number of employees

were suspended and disciplinary proceedings was

initiated by the respondent establishment and memos

were given and subsequently they have been

terminated from service against which the industrial

dispute has been raised by the employees and the

conciliation was failed and the case has been referred

to this Court.

9.

It is the evidence of the PW.1 Saravana Kumar

that their union is a registered one and employees are

working for not less than 5 years and about 20 years

continuously at the respondent establishment which is

a chemical industry producing fragrance and flavours

and that the respondent has not permitted to form the

association and has paid meager wages and the workers

have been compelled to work for more than 8 hours

and they have denied the revision of wages and they

have not provided safety equipments and they have not

maintained the factory properly and only with the

intention to get profit the management run the factory

and even they have not provide purified water and even

they have not provided toilet facilities to the workers

and that therefore, the workers of the respondent

establishment have formed the workers union in the

name of Omkar Fine Organics workers union and asked

revision of wages and other allowances and submitted

the charter of demands with the Conciliation Officer

and that therefore 20 workers have been terminated

from service without any reason for which they have

filed a writ petition before the Hon’ble High Court

in W.P. No. 9724 of 2009 and while pending of case

the respondent management has settled all the dues to

the 20 workers who have been terminated from service

and on 03-07-2012 the Hon’ble High Court has passed

the order in favour of the workers and that in the

year 2010 eight senior workers who have fighted for

wage increase and other benefits have been removed

from service and they were not allowed to enter the

factory and thereafter their dues has been settled and

removed from service by the respondent management

and that out of 45 workers the respondent management

has removed 28 workers from service without any

prima facie reasons and other 17 workers have

treated as slaves and the revision of wages and other

allowances have been refused to them by the

management and they have been forced to handle

hazardous chemical substance and they have been

compelled to work for more than 8 hours and they have

been given meager wages for their work.

10. It is the further evidence of the PW.1 that

because of unsafety condition of service the workers

namely Iyyappan and Baskar were affected and

sustained injuries and eye sight of the Baskar was

affected and he has taken treatment at ESI Hospital and

Aravindar Eye Hospital for about 3 months and other

workers Anbu, Iyyappan and Ramesh were sustained

injuries while using the acid in the reactor and the

respondent management has not sanctioned any costs

except ESI leave and conceal the above accident

without informing to the Inspector of Factories and

one worker Soundarapandian while on work has

affected in the accident occurred at factory and he has

taken treatment at MIOT Hospital as inpatient which

was also not informed to the Inspector of factories and

that therefore, no safety measure have been provided

by the respondent establishment and even they have not

given first aid and emergency ambulance service and

they have also not obtained proper licence to run the

factory which was informed to Inspector of Factories

and other Officers and even then they have not

obtained licence under the Explosives Act to use the

hazardous raw materials and though the respondent

establishment has gained 8.9 crores profit in a year,

it has given only `150 per day as salary to the

workers and though the petitioners are working for

about 15 years the respondent management has not

provided benefits to the workers.

11. In support of their evidence the petitioner has

exhibited Ex.P1 to Ex.P142. These documents would

go to show that petitioner trade union is a registered

one and the trade union filed a charter of demands

before the Labour Officer Conciliation on 07-05-2012

for revision of wages and the petitioner union

members

were

working

at

the

respondent

establishment Omkar Fine Organics Private Limited as

a workers and they have contributed ESI and PF by the

respondent

management

and

the

respondent

management

has

given

memo

to

the Anbu,

9

2 January 2018]

LA GAZETTE DE L’ETAT

Ilayaperumal, Iyyappan, Ramesh, Venkatesan, Arul,

Saravanakumar, Soundarapandian, Arivaradhan and most

of the employees have suspended by the respondent

establishment and the petitioner union has raised

industrial dispute before the Conciliation Officer

regarding the wage revision and the conciliation was

made by the Conciliation Officer and subsequently the

union members who were working at the respondent

establishment have filed a writ petition before the

Hon'ble High Court in W.P. No. 9724 of 2009 for

seeking direction to the 1st respondent Conciliation

Officer to conclude the conciliation proceedings and

to file a report and the Hon’ble High Court has

allowed the Writ petition and has directed the

Conciliation Officer to conclude the conciliation

proceedings and directed 1st respondent Conciliation

Officer to file a report within two months from the

date of receipt of a copy of the order and thereafter

the said union members also have raised the another

industrial dispute before the Conciliation Officer on

12-07-2012 to declare the suspension as illegal and

to reinstate the petitioner along with back wages and

continuity of service and other allowances and also to

direct the respondent management not to employ

North Indian labourers and to direct the respondent

management to regularise all the employees as a

permanent workers and it is also learnt from the

records that the respondent management has

terminated the workman Arikrishnan on 17-06-2012,

terminated the workman Arul on 18-07-2012,

terminated the workmen Venkatesh and Sasikumar on

01-10-2012.

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

the respondent, the Managing Director of the

respondent establishment Krishna Baliga was examined

as RW.1 and he has stated in his evidence that their

company is a private limited company registered as per

the provisions of the Companies Act and they are

manufacturing Flavours and Fragrance Chemicals

which are auxiliaries and ancillaries in food

processing and the products are supplied to global

companies in India and in abroad and are highly

demand in the market because of the quality and that

30 employees are working in the factory and that they

have provided welfare measures which are required in

the labour laws and apart from the above they have

provided safety measures and equipment’s and the

company is also providing insurance coverage's to all

the employees for a minimum sum of ` 1 lakh to

maximum sum of ` 5 lakhs depending upon the earning

capacity of the workers and it is the further evidence

of the RW.1 that the averments in the claim petition

are false and for casual employees the company is

maintaining the attendance register, for usual

employees the management used to give appointment

letters and the petitioners have formed trade union

without following the provisions of law and in

contravention of section 4 of the Trade Union Act and

that employee N. Saravana Kumar joined in the

company on 11-01-1995 and M. Soundarapandian

j o i n e d i n t h e c o mp a n y o n 2 9 - 0 2 - 1 9 9 5 a n d

R. Arivaradhan joined in the company on 22-06-1993

and they have received a salary of ` 8,525, ` 10,065 and

` 10,245 respectively for the month of April, 2012 and

has given prior increment to the above mentioned

persons during the month of May, 2012 with

retrospective effect starting from the month of January,

2012 and other persons S.Suresh, G. Thasaradhan are

temporary workers and M. Iyappan is a casual worker

and A. Bhaskar is a permanent worker of the respondent

company and the very registration of trade union itself

is under challenge and the trade union certificate

issued by the Registrar of trade union for Government

of Puducherry in contravention of section 4 of the

Trade Union Act for the reason that out of 7 members

the above mentioned 3 persons are Officers of the

respondent management and they cannot be coined as

workmen as contemplated under section 2 (s) of the

Industrial Disputes Act and therefore the very

registration of trade union itself is under challenge and

as such the petitioner cannot get any relief whatsoever

in the present Industrial Disputes and that under

section 12(3) of the Industrial Disputes Act settlement

has been arrayed between the respondent management

and 16 workers of the respondent company on 29-03-2010

and despite the fact settlement has been arrived the

Labour Officer (Conciliation) without apply her mind

submitted failure report to the Government and

referred the matter to this Court in I.D(T). No. 3/2013

and thereafter, the entire facts has been brought and

the said I.D. No. 3/2013 was dismissed by order,

dated 20-06-2013.

13. The RW.1 has further deposed that other

allegations made by the petitioner are denied by the

respondent and that show cause notice was issued

against B. Senthilkumaran, S. Selvamani and K. Haridoss

on 08-11-2010 and domestic enquiry was initiated and

since the charges are proved against them they have

been terminated from service under the termination

orders, dated 23-03-2011 which was sent by the

respondent management to the petitioners and in the

meanwhile the union members have threatened the

respondent management and its employees and that

therefore, the respondent company had filed a suit in

O.S. No. 642/2011 on the file of Hon’ble Principal

District Munsif, Puducherry for the relief of

10

LA GAZETTE DE L’ETAT

[2 January 2018

permanent injunction which was decreed as prayed and

that the Officers namely M. Soundarapanidan,

N. Saravakumar and Arivaradan who are having close

r e l a t i o n s h i p w i t h t h e t e r m i n a t e d p e r s o n s

B. Senthilkumaran, S. Selvamani and K. Haridoss were

dancing according to their tunes resulting non

performing their duties in the company ultimately

affected production in the goods and that the

petitioner union has raised the industrial dispute

before the Conciliation Officer on 09-04-2012 with

false and frivolous allegations and sought for an

enquiry for which the respondent management has

filed a detailed objection pin pointing the petitioner's

illegal act to the Labour Officer (Conciliation) and that

taking advantage of pendency of conciliation

proceedings continuously the petitioners have created

problems everyday backed by local politicians,

terminated employees and anti-social elements without

performing their job for several months and that they

have followed the procedure before taking action as

against the casual workers and temporary workers and

that Elumalai, Prabu, Harikrishnan, Arul, Sasikumar,

Venkatesan, Iyappan, Ealayaperumal are all temporary

a n d C a s u a l wo r k e r s a n d t h a t M . I y y a p p a n ,

K. Venkatesan, K. Elumalai, A. Harikrishnan are removed

from service since they are not working in the strike

period and Arul was suspended along with Anbu and

Ramesh for creating bogus data logging and Sasikumar

refused to carry out alternate work in May, 2012 was

suspended pending enquiry and Ealayaperumal name

was removed from attendance for abandoned the job

for more than 2 months without any intimation and

that A. Baskar, V. Murugaiyan, G. Thasathan and

Murugan are left the job on their own and joined in

some other companies. G. Suresh, S. Anbu, C. Ramesh

are suspended for their legal act and that J. Arul, Anbu

and Ramesh are charge sheeted which was furnished to

them and called for explanation by the respondent

management and time was fixed for enquiry and three

time notice were sent to them despite above factum

they failed to participate in the enquiry and as such

further orders has been passed as per law and

procedure and that G. Sasikumar, Venkatesan and Baskar

have refused to discharge their duties as directed by

the management so as to continue the process of

production but they deliberately not complied the

demands of the respondent but, idly they are present

inside the company without doing any work for several

days and except Baskar other persons are temporary

and casual workers and the said Baskar was suspended

for retaining the company property i.e., Motorcycle

and refused to handover the same and infact FIR was

registered by the Mangalam Police so as to confiscate

the motorcycle and that since Ealayaperumal and

Iyyappan are temporary workers/trainees in view of

continuous absent their name were removed from the

attendance register and that Arivaradhan, Saravankumar,

and Soundarapandian are Office bearers ranks of the

respondent company and they received salary more

than 10 thousand per month and they are not

categorised as workman as per the definition of

workman and that Mr. Saravanakumar attained the age

o f s u p e r a n n u a t i o n o n 3 0 - 0 6 - 2 0 1 3 a n d t h a t

G. Thasaradhan left job from the company on his own

and he is only temporary worker/ trainee and that

petitioners have committed misconduct to the

management and they are not performing their duties

and are only indulging in creating sabotage and

industrial unrest inside the factory premises and in

support of the case the respondent management has

exhibited Ex.R1 to Ex.R33.

14. It is noticed from the documents exhibited by

the respondent management that the respondent

management has filed a suit before the Additional

District Munisf, Puducherry against their workers and

they have also filed injunction application and the

r e s p o n d e n t ma n a g e me n t h a s g i v e n me mo t o

M. Soundarepandian, N. Saravanakumar, R. Arivaradhan,

Baskar and Sasikumar to initiate the disciplinary action

against them and subsequently the respondent

management has framed charges against Ramesh and

the respondent management has suspended workers

namely Arivaradhan, Soundarapandian and the

respondent management also has sent show cause

notice to R. Anbu, C. Ramesh and J. Arul and charge

sheet was filed against Anbu and the memo was issued

to the worker Suresh and the respondent management

has made a police complaint on 12-04-2012 against

the workers and earlierly on 03-04-2012 a memo was

issued to S. Anbu, Ramesh and Arul and the respondent

management has given warning letters to them and

several reminder letters was sent by the respondent

management to S. Anbu and charge sheet has also

issued by the respondent management to S. Anbu and

the letter was received by the said Anbu and the

respondent management has sent a letter to

Soundarapandian to return the company vehicle.

15. Further, the respondent management has also

exhibited the salary certificate of the Arivaradhan,

dated 18-05-2011 as Ex.R33 which reveals that the

said Arivaradhan was earning ` 5,000 as basic pay in the

Scale of Pay of `10,245 for the month of April, 2011

and the said salary certificate also reveals the fact that

the petitioner was working from 22-06-1993 at the

respondent establishment. From these documents and

evidence it is clear that the main contention of the

respondent management is that the petitioners are not

11

2 January 2018]

LA GAZETTE DE L’ETAT

working

properly

and

they

have

committed

misconducts and misbehavior for which charges have

been framed and enquiry was conducted and they have

been removed from service in respect of permanent

employees but, in respect of casual and temporary

employees the charge sheet has been given and they

have terminated from service on the non satisfaction

of the explanation given by them.

16. The conciliation failure report is exhibited as

Ex.P134. The following facts are noticed from the

failure report that the petitioner union has raised the

industrial dispute on 09-04-2012 against the

respondent

management

over

wage

revision,

regularisation, safety measures, medical benefits, non-

employment, protection to their union workmen

against rowdy element, unfair labour practice and

further, it is learnt from the conciliation failure report

it is the allegation of the union that the respondent

management has victimised the union workmen

whoever formed the trade union in their industry and

the workers of the respondent establishment to protect

their legal rights have formed trade union and without

stating any reason the respondent management has

terminated all the union workmen during 2009 from

the service and during the course of conciliation the

management has not appeared for several hearings and

it was advised by the Conciliation Officer to the

respondent management to provide employment and

regarding the issue of misconduct, if any it would be

only dealt based on the principles of natural justice and

it is also learnt from the conciliation failure report

that it was also advised to the respondent management

by the Conciliation Officer that while the industrial

dispute over charter of demands such as wage revision,

regularisation, protection of service condition, safety

measures in the industry etc., pending before the

Conciliation Authority the termination or refusal of

employment change of service condition etc., is not

fair in the eye of law and is against the principles of

natural justice and further, it was also advised to the

management that the engagement of contract labour as

alleged by the union in the place of terminated

workmen is not fair and the management was also

instructed to produce the records pertains to the

Register of employment, Provident Fund, ESI etc., but

the management not produced any records for

verification stating that they are not available and since

the respondent management has not appeared for

several hearings and not interested for amicable

settlement the conciliation was failed and the dispute

has been referred to the Tribunal. The Conciliation

Officer himself has framed the issues that whether the

charter of demands over wage revision, regularisation,

protection of service condition, implementation of

safety measures, etc. is justified and whether the

termination, suspension and refusal of employment to

eighteen union workmen is justified while pendency of

the industrial dispute, whether the management adopted

any unfair labour practice under schedule V of the

Industrial Dispute Act and whether the management

violated the provisions of section 33 of the Industrial

Dispute Act.

17. From the Conciliation failure report, it is clear

that the petitioner workmen have raised the industrial

dispute for wage revision, regularisation, safety

measures, medical benefits, non-employment, protection

to their union workmen against rowdy element, unfair

labour practice as early as on 09-04-2012 against the

respondent management and that therefore, it is to be

decided that whether the charter of demands over wage

revision, regularisation, safety measures, medical

benefits, non-employment, protection to their union

workmen against rowdy element, unfair labour practice

is justified or not. On this aspect, the evidence and

exhibits are carefully considered. The petitioner has

not at all exhibited any document to prove that how

much salary was received by them and how much is

required to be revised by exhibiting the salary

certificate of any other industry in region who are

doing the same type of work. No document is

exhibited by the petitioner union that how much salary

was received by them and how much of wages is to be

revised and failed to prove that how they are entitled

for the same. The charter of demand raised by the

petitioner union against the respondent management is

exhibited as Ex.P21 which was submitted to the

Conciliation Officer by the union on 09-04-2012

wherein the petitioner union has stated that the

respondent management has not regularized the

workers who have served for about two years and the

respondent management has not provided safety

equipments, safety measures and the salary of the

permanent workers also has not been revised by the

respondent establishment and the workmen sustained

injuries while using chemical acid in the industry.

18.Though the petitioner union has exhibited Ex.P1

to Ex.P142 no document is exhibited to reveal the fact

that how much salary was paid by the respondent

management to the petitioner workmen. However,

it is clear from the charter of demands that there is

no equipments were provided for the safety measures.

Since the respondent management is doing production

of goods by using chemicals, it is just and necessary

to provide the safety equipments and the respondent

management also has to take safety measures and

therefore, as far as the charter of demands the claim

of the petitioner to revise the wages cannot be decided

12

LA GAZETTE DE L’ETAT

[2 January 2018

since nothing is before this Court whether it is revised

or not that is the petitioner has not exhibited any

documents to prove the fact that how much is paid by

the respondent management as wages to the workers

and how much was paid by other similar industries to

the workers doing the same nature of work and

therefore, this Court cannot decided whether the wage

revision is essential or not and further it is not

established by the petitioner union that they have been

paid lesser wages than the minimum wages and they

have failed to establish that similar industries are

paying more than the wages being paid by the

respondent establishment. Nothing is before this

Court to decide whether the salary of the petitioner

union members is less than the salary of similar

industry or wages being paid by the respondent

management is lesser than the minimum wages for the

said period.

19. However, in respect of other demands such as

protection of service condition and implementation of

safety measures etc., absolutely necessary to the

industry since admittedly they are using the hazardous

materials and acid in the industry and that therefore,

it can be held that the charter of demands in respect

of regularisation, protection of service condition,

implementation of safety measures is justified and the

petitioner is entitled for an Award of protection of

service condition, implementation of safety measures

and regularisation of service since whoever in service

for more than 240 days in a preceding calendar year.

Considering the above an Award is to be passed in

favour of the petitioner union that the respondent

management has to be directed to regularise the

services of the employees and provide safety measures

and protective service condition according to the

rules.

20. On Point No.2 :

The next point to be decided is that whether the

termination of Thiru K. Elumalai, P. Prabu, A. Harikrishnan,

J. Arul, G. Sasikumar, K. Venkatesan, M. Iyyappan and

A. Ilayaperumal and the refusal of employment to the

following union workmen namely, R. Arivaradhan,

N. Saravanakumar, M. Soundarapandian, A. Baskar,

B. Murugaiyan, G. Dasarathan, M. Murugan, G. Suresh,

S. Anbu, C. Ramesh are justified or not. In this case

to decide the said issue, it is just and necessary to

decide whether the respondent management has

followed all the procedures laid down under the Act

for termination and for refusal of employment.

According

to

Rule

17(ii)

of

the

Industrial

Employment (Standing Orders) Central Rules, 1946 no

order of punishment shall be made unless the workman

concerned is informed in writing of the alleged

misconduct and is given an opportunity to explain the

allegation made against him and departmental inquiry

shall be instituted before dealing with the charges and

the workman concerned has to be given opportunity and

he has to be permitted to get an assistance of a

co-worker in the inquiry and a copy of the enquiry

proceedings shall be given to the workman concerned

on the conclusion of the enquiry and show cause

notice has to be given regarding the findings of the

domestic enquiry to get explanation of the delinquent.

But in this case though the respondent management has

stated in its counter that they have conducted domestic

enquiry and terminated the particular employees, they

have not placed any enquiry report as an exhibit and

no such enquiry report is exhibited before this Court

to establish that the domestic enquiry was conducted

by the respondent establishment and admittedly, no

such show cause notice on the basis of the domestic

enquiry report was issued to the petitioner workmen

before terminating their service. The respondent

establishment has not exhibited such document before

this Court to prove the fact that the domestic enquiry

was conducted by them by giving opportunity to the

members of the union.

21. Further in his evidence the respondent

management witness RW.1 has stated as follows :

“......







Omkar Fine Organics Workers Union

















dismissed 

WP.No. 9724/2009 (Ex.P89) 



writ petition

writ petition







Ex.P47-



Ex.P2-









Ex.P21 





13

2 January 2018]

LA GAZETTE DE L’ETAT





Ex.P38 



Ex.P66-Charter

of

Demand”

The above evidence would go to show that the

respondent management has not at all conducted the

domestic enquiry before terminating any worker from

the service of the respondent establishment and further

it is also clear from the above evidence that in the

year 2010 the respondent management has terminated

20 workers and before their termination the said

20 workmen have filed a writ petition before the

Hon’ble High Court in W.P. No. 9724/2009, wherein,

the writ was allowed and ordered in favour of the

workmen and further it is revealed from the evidence

of RW.1 that the respondent management has not

regularised the workers eventhough they have worked

for about 2 years and further it is revealed that though

the petitioners have raised the industrial dispute on

09-04-2012 under Ex.P21, the respondent management

has terminated the services of 12 employees while the

industrial dispute is pending and hence the termination

is totally against the provisions of section 33 of the

Industrial Dispute Act.

22. Further it is learnt from the failure report that

the Conciliation Officer himself has advised the

respondent management to reinstate the petitioner

workmen in their factory. Further, the respondent

management has not conducted the domestic enquiry

and has not given any opportunity to petitioner

workmen to defend the case and without giving show

cause notice regarding the punishment, these

petitioners have been terminated from service which

is totally against the provisions of the labour laws and

standing orders and that therefore, it can be held that

the termination of K. Elumalai, P. Prabu, A. Harikrishnan,

J. Arul, G. Sasikumar, K. Venkatesan, M. Iyyappan and

A. Ilayaperumal and refusal of employment to the

union workmen namely, R. Arivaradhan, N. Saravanakumar,

M. Soundarapandian, A. Baskar, B. Murugaiyan,

G. Dasarathan, M. Murugan, G. Suresh, S. Anbu,

C. Ramesh are not justified and hence it can be held

that the petitioners are entitled for reinstatement as

claimed by them.

23. As this Court has decided that termination of

K. Elumalai, P. Prabu, A. Harikrishnan, J. Arul,

G. Sasikumar, K. Venkatesan, M. Iyyappan and

A. Ilayaperumal and refusal of employment to the union

workmen namely R. Arivaradhan, N. Saravanakumar,

M. Soundarapandian, A. Baskar, B. Murugaiyan,

G. Dasarathan, M. Murugan, G. Suresh, S. Anbu,

C. Ramesh are not justified, it is to be decided whether

the said workmen are entitled for back wages as

claimed by the them. The respondent management

without conducting domestic enquiry has terminated

the above mentioned workmen from service while the

industrial dispute is pending before the Conciliation

Officer. On the other hand, the respondent has not

proved that the said workmen have earned income after

their termination from service. There is no evidence

that the said workmen are working so far in any other

industry and that there is no proof exhibited before

this Court that they are working anywhere else.

However the petitioner workmen could have served at

anywhere else after their termination from the

respondent establishment. Considering the above

circumstances, this Court decides that the petitioner

is entitled for 50% back wages with continuity of

service and other attendant benefits.

24. On Point No. 3:

The another point to be decided is that whether the

respondent management has adopted unfair labour

practice as against the petitioner workmen and has

violated the provisions of section 33 of the Industrial

Dispute Act. It is the case of the petitioner that the

respondent management did not want any trade union

to function in its factory and has terminated all the

members of the trade union numbering of 20 workers

in the year 2009 without any reason and that as per the

order of the Hon'ble High Court, 18 workers have been

settled out of 20 workers and that the respondent

management did not want the workers to form any trade

union in its factory made a complaint against the

workers who took ac tiv e ro le in fo r mati o n o f

trade union namely N. Saravanakumar, G. Suresh,

M. Soundarapandian, G. Thasaradhan, M. Iyappan,

Arivaradhan, A. Baskar and the said workers have

formed a trade union on 11-03-2013 in the name and

style of Omkar Fine Organics Employees Union that

is the petitioner union. As already discussed above,

it is clear that while the industrial dispute was pending

before the Conciliation Officer the respondent

management has terminated the petitioners without any

permission of the Conciliation Officer where the

industrial dispute is pending and that therefore it is

decided by this court that the respondent management

has violated the provisions of section 33 of Industrial

Disputes Act and further it is clear that the respondent

management has terminated the services of the

petitioner workmen without any domestic enquiry and

some of the employees were denied employment by

them without following the procedures laid down

under the Industrial Disputes Act and further it is

established by the petitioner union that the respondent

establishment has not provided with safety equipments

and has not maintained the safety measures in the

14

LA GAZETTE DE L’ETAT

[2 January 2018

factory. Further, the respondent management has

terminated the services of the employees without

giving any opportunity and without conducting

domestic enquiry while the industrial dispute is

pending before the Conciliation Officer. These facts

would go to show that the respondent management has

interfered with and coerced the workmen in the

exercise of their right of organise the trade union in

the respondent factory and the respondent management

has terminated the number of employees without giving

any opportunity and without conducting domestic

enquiry and that therefore, it can be held that the

respondent management has adopted unfair labour

practice against the workers of their establishment and

has violated the provisions of section 33 of the

Industrial Disputes Act.

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

it is held that the respondent management has adopted

unfair labour practice against the workers of their

establishment and has violated the provisions of

section 33 of the Industrial Dispute Act and the

industrial dispute raised by the petitioner union against

the respondent management regarding the charter of

demands over regularisation, protection of service

condition, implementation of safety measures etc., is

justified but in respect of wage revision is unjustified

and an Award is passed by directing the respondent

management to give regularisation to the members of

the petitioner union, protection to their service

condition and further directed to implement the safety

measures in accordance with law in the respondent

factory and the industrial dispute raised by the

petitioner union against the respondent management

over the termination of K. Elumalai, P. Prabu,

A. Harikrishnan, J. Arul, G. Sasikumar, K. Venkatesan,

M. Iyyappan and A. Ilayaperumal and the refusal of

employment to the following union workmen namely

R. Arivaradhan, N. Saravanakumar, M. Soundarapandian,

A. Baskar, B. Murugaiyan, G. Dasarathan, M. Murugan,

G. Suresh, S. Anbu, C. Ramesh are justified and an

Award is passed by directing the respondent to reinstate

the abovesaid workmen in service within one month

from the date of this order and to pay 50% back wages

from the date of termination till the date of

reinstatement with continuity of service and other

attendant benefits. No cost.

Dictated to the stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 13th day of October, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1

— 17-04-2015— N. Saravana Kumar

List of petitioner’s exhibits:

Ex.P1 — —

— Copy of the petitioner

union Registration Certificate.

Ex.P2 — —

— Copy of the petitioner

union members ESI card.

Ex.P3 — 29-04-2009—Copy of the petitioner

union

office

bearer

confirmation order.

Ex.P4 — —

— Copy of the ESI accident

report.

Ex.P5 — —

— Copy

of

the

list

of

products manufactured from

Methanol.

Ex.P6 —19-03-2012 —Copy of the petitioner

union member Anbu’s

memo.

Ex.P7 —20-03-2012— Copy of the respondent

notice.

Ex.P8 —02-04-2012— Copy of the petitioner

union member Ramesh

and Venkatesan Memo.

Ex.P9 —03-04-2012— Copy of the petitioner

union member Ramesh’s

memo.

Ex.P10 — —

—

Copy of the petitioner

union

member

Arul’s

memo.

Ex.P11 —03-04-2012— Copy of the petitioner

union

member Anbu’s

memo.

Ex.P12 —04-04-2012— Copy of the respondent

l e t t e r

t o

t h e

Soundarapandian.

Ex.P13 —05-04-2012— Copy of the respondent

l e t t e r t o t h e A n b u ,

C. Ramesh and J. Arul.

Ex.P14 —05-04-2012— Copy of the petitioner

u n i o n o f f i c e r b e a r e r

Soundarapandian letter to

the respondent.

Ex.P15 —05-04-2012— Copy of the respondent

l e t t e r

t o

t h e

Soundarapandian.

15

2 January 2018]

LA GAZETTE DE L’ETAT

Ex.P16 —06-04-2012— Copy of the respondent

letter to the Arivaradhan.

Ex.P17 —06-04-2012— Copy of the respondent

letter to the Soundarapandian.

Ex.P18 —06-04-2012— Copy of the respondent

letter to the Soundarapandian.

Ex.P19 —06-04-2012— Copy of the respondent

letter to the Saravanakumar.

Ex.P20 —08-04-2012— Copy of the respondent

notice.

Ex.P21 —09-04-2012— Copy of the petitioner

union letter to the Labour

Officer and other labour

authorities.

Ex.P22 —10-04-2012— Copy of the respondent

letter to the S. Anbu.

Ex.P23 —10-04-2012— Copy of the respondent

letter to the Suresh.

Ex.P24 —10-04-2012— Copy of the respondent

letter to the Ramesh.

Ex.P25 —11-04-2012— Copy of the petitioner

u n i o n o ffi c e b e a r e r

Soundarapandian letter to

the respondent.

Ex.P26 —11-04-2012— Copy of the petitioner

u n i o n o f f i c e b e a r e r

Arivaradhan letter to the

respondent.

Ex.P27 —11.04.2012—

Copy of the petitioner

u n i o n o f f i c e b e a r e r

Saravanakumar letter to

the respondent.

Ex.P28 —11-04-2012— Copy of the respondent’s

Memo. to the Suresh.

Ex.P29 —11-04-2012— Copy of the petitioner

un io n

o ffic e

b ea re r

G. Suresh letter to the

respondent.

Ex.P30 —12-04-2012— Copy of the petitioner

union member G. Suresh

letter to the respondent

and Labour Officer.

Ex.P31 —15-04-2012— Copy of the respondent letter

to the Soundarapandian.

Ex.P32 —15-04-2012— Copy of the respondent

letter to the Arivaradhan.

Ex.P33 —15-04-2012— Copy of the respondent

letter to the Saravanakumar.

Ex.P34 —16-04-2012— Copy of the respondent

letter to the Suresh.

Ex.P35 —17-04-2012— Copy of the respondent

letter to the Soundarapandian.

Ex.P36 —17-04-2012— Copy of the respondent

letter to the Arivaradhan.

Ex.P37 —17-04-2012— Copy of the respondent

letter to the Saravanakumar.

Ex.P38 —18-04-2012— Copy of the conciliation

notice.

Ex.P39 —19-04-2012— Copy of the respondent

issued charge memo to

the Ramesh.

Ex.P40—19-04-2012—

Copy of the respondent

issued charge memo to

the Anbu.

Ex.P41 —19-04-2012— Copy of the respondent

issued charge memo to

the Arul.

Ex.P42 —20-04-2012— Copy of the petitioner

union

office

bearer

Arivaradhan leave letter.

Ex.P43 —25-04-2012— Copy of the respondent

letter to the Anbu.

Ex.P44 —25-04-2012— Copy of the respondent

l e t t e r

t o

t h e

Soundarapandian.

Ex.P45 —25-04-2012— Copy of the respondent

letter to the Ramesh.

Ex.P46 —25-04-2012— Copy of the respondent

letter to the Arul.

Ex.P47 —26-04-2012— Copy of the respondent

reply to the Conciliation

Officer.

Ex.P48 —27-04-2012— Copy of the respondent

letter to the Inspector of

Factories.

Ex.P49 —28-04-2012— Copy of the petitioner

union member Suresh

reply to respondent.

Ex.P50 —29-04-2012— Copy of the petitioner

union

member

Anbu

letter to the respondent.

Ex.P51 —29-04-2012— Copy of the petitioner

union member G.Suresh

letter to the respondent.

16

LA GAZETTE DE L’ETAT

[2 January 2018

Ex.P52 —29-04-2012— Copy of the petitioner

union member G.Suresh

reply to respondent.

Ex.P53 —29-04-2012— Copy of the petitioner union

member Soundarapandian

reply to respondent.

Ex.P54 —29-04-2012— Copy of the petitioner

union member G. Ramesh

reply to respondent.

Ex.P55 —29-04-2012— Copy of the petitioner

union member S. Anbu

reply to respondent.

Ex.P56 —30-04-2012— Copy of the petitioner

union letter to the Labour

Officer Conciliation.

Ex.P57 —01-05-2012— Copy of the petitioner

union

letter

to

the

respondent.

Ex.P58 —01-05-2012— Copy of the petitioner

union member Arul letter

to the respondent.

Ex.P59 —02-05-2012— Copy of the respondent

salary increment letter to

t h e

M u r u g a i y a n ,

Saravanakumar, Murugan,

Arivaradhan.

Ex.P60 —03-05-2012— Copy of the petitioner

union member Murugaiyan

letter to the respondent.

Ex.P61 —03-05-2012— Copy of the petitioner

union member letter to

the respondent.

Ex.P62 —03-05-2012— Copy of the respondent

letter to the Ramesh.

Ex.P63 —03-05-2012— Copy of the respondent

letter to the Anbu.

Ex.P64 —03-05-2012— Copy of the respondent

l e t t e r

t o

t h e

Soundarapandian.

Ex.P65 —04-05-2012— Copy of the petitioner

union

office

bearer

Soundarapandian letter to

the respondent.

Ex.P66 —07-05-2012— Copy of the petitioner

union charter of demand

to the respondent.

Ex.P67 —07-05-2012— Copy of the respondent

letter to the Saravankumar.

Ex.P68 —07-05-2012— Copy of the respondent

letter to the Murugan.

Ex.P69 —07-05-2012— Copy of the respondent

letter to the Thasarathan.

Ex.P70 —07-05-2012— Copy of the respondent

l e t t e r

t o

t h e

Soundarapandian.

Ex.P71 —07-05-2012— Copy of the respondent

letter

t o

t h e

Soundarapandian.

Ex.P72 —07-05-2012— Copy of the respondent

letter to the Arivaradhan.

Ex.P73 —08-05-2012— Copy of the Conciliation

notice ID. No. 960/LO©/

AIL/2012.

Ex.P74 —09-05-2012— Copy of the petitioner

u n i o n o ffi c e b e a r e r

Soundarapandian letter to

the respondent.

Ex.P75 —17-05-2012— Copy of the respondent

letter

to

the

S o u n d a r a p a n d i a n ,

Saravanakumar, Arivaradhan.

Ex.P76 —19-05-2012— Copy of the petitioner

union member G. Suresh

letter to the respondent

with AD card.

Ex.P77 —21-05-2012— Copy of the petitioner

union

office

bearer

S a r a v a n a k u m a r ,

S o u n d a r a p a n d i a n ,

Arivaradhan letter to the

respondent and Labour

Officer Conciliation.

Ex.P78 —21-05-2012— Copy of the Conciliation

Notice.

Ex.P79 —28-05-2012— Copy of the respondent

letter to ESI authorities.

Ex.P80 —30-05-2012— Copy of the petitioner

union

letter

to

the

respondent

and

other

labour authorities.

Ex.P81 —06-06-2012— Copy of the petitioner

union letter to Labour

Officer Conciliation.

17

2 January 2018]

LA GAZETTE DE L’ETAT

Ex.P82 —19-06-2012— Copy of the petitioner union

member

Arikrishnan

Termination order.

Ex.P83 —19-06-2012— Copy of the respondent

letter to J. Arul show

cause memorandum.

Ex.P84 —20-06-2012— Copy of the conciliation

notice.

Ex.P85 —22-06-2012— Copy of the petitioner

union letter to the Labour

Officer

(Enforcement)

and

other

labour

authorities.

Ex.P86 —23-06-2012— Copy of the respondent

notice.

Ex.P87 —02-07-2012— Copy of the respondent

order to G. Suresh.

Ex.P88 —02-07-2012— Copy of the respondent

order to S. Anbu.

Ex.P89 —03-07-2012— Copy of the order passed

in WP. No. 9724 of 2009.

Ex.P90 —04-07-2012— Copy of the petitioner

union

Office

bearer

Saravanakumar salary slip.

Ex.P91 —12-07-2012— Copy of the petitioner

union dispute before the

Labour Conciliation.

Ex.P92 —18-07-2012— Copy of the petitioner

union

member

J.Arul

termination order and

cheque issued by the

respondent.

Ex.P93 —24-07-2012— Copy of the respondent

order.

Ex.P94 — —

—

Copy of the petitioner

union member S. Anbu

letter to Enquiry Officer.

Ex.P95 —02-08-2012— Copy of the plaint filed in

OS. No. 1121 of 2012.

Ex.P96 —02-08-2012— Copy of the Affidavit and

petition in IA. No. 2054

of 2012 on OS. No. 1121

of 2012.

Ex.P97 —02-08-2012— Copy of the conciliation

notice.

Ex.P98 —08-08-2012— Copy of the respondent

memo.

Ex.P99 —14-08-2012— Copy of the petitioner

union letter to Labour

Commissioner.

Ex.P100 —17-08-2012— Copy of the Conciliation

notice.

Ex.P101 —21-08-2012— Copy

of

the

written

statement filed by the

petitioner union.

Ex.P102 —21-08-2012— Copy of the Conciliation

minutes.

Ex.P103 —25-08-2012— Copy of the Enquiry

Officer notice to Anbu.

Ex.P104 —28-08-2012— Copy of the respondent

memo to the Saravanakumar.

Ex.P105 —28-08-2012— Copy of the respondent

me mo .

t o

t h e

Soundarapandian.

Ex.P106 —28-08-2012— Copy of the respondent

memo

to

the

S o u n d a r a p a n d i a n ,

S a r a v a n a k u m a r ,

Arivaradhan.

Ex.P107 —30-08-2012— Copy of the petitioner

union

Office

bearer

Soundarapandian reply to

the respondent.

Ex.P108 —01-09-2012— Copy of the respondent

memo.

Ex.P109 —19-09-2012— Copy of the petitioner

union

letter

to

the

respondent.

Ex.P110 —24-09-2012— Copy of the petitioner

union member Sasikumar,

Baskar, Venketesan letter

to respondent.

Ex.P111 —24-09-2012— Copy of the petitioner

union

Office

bearer

S o u n d a r a p a n d i a n ,

S a r a v a n a k u m a r ,

Arivaradhan letter to the

respondent.

Ex.P112 —24-09-2012— Copy of the petitioner

union

letter

to

the

management and Labour

Officer Conciliation.

Ex.P113 —25-09-2012— Copy of the petitioner

union dispute before

the

Labour

Officer

Conciliation.

18

LA GAZETTE DE L’ETAT

[2 January 2018

Ex.P114 —25-09-2012— Copy of the petitioner

union dispute before the

Labour

Officer

Conciliation.

Ex.P115 —25-09-2012— Copy of the petitioner

union dispute before

the

Labour

Officer

Conciliation.

Ex.P116 —01-10-2012— Copy of the respondent

order of termination to

K. Venkatesh.

Ex.P117 —01-10-2012— Copy of the respondent

order of termination to

Sasikumar.

Ex.P118 —03-10-2012— Copy of the petitioner

union letter to the Labour

Officer Conciliation and

authorities.

Ex.P119 —03-10-2012— Copy of the petitioner

union letter to the Labour

Officer Conciliation and

other Labour authorities.

Ex.P120 —04-10-2012— Copy of the Conciliation

Notice.

Ex.P121 —04-10-2012— Copy of the Show cause

notice.

Ex.P122 —08-10-2012— Copy of the Conciliation

notice.

Ex.P123 —08-10-2012— Copy of the Conciliation

notice.

Ex.P124 —08-10-2012— Copy of the respondent

letter

to

the

Soundarapandian.

Ex.P125 —09-10-2012— Copy of the Conciliation

Notice.

Ex.P126 —19-10-2012— Copy of the Conciliation

Notice.

Ex.P127 —29-10-2012— Copy of the Conciliation

Notice.

Ex.P128 —23-11-2012— Copy of the Conciliation

Notice.

Ex.P129 — —

Copy of the petitioner

union

letter

to

the

Conciliation Officer.

Ex.P130 —26-11-2012— Copy of the respondent

memo. to the Murugan,

Murugaiyan, Thasarathan.

Ex.P131 —06-12-2012— Copy of the respondent

letter to the Arivaradhan,

S a r a v a n a k u m a r ,

Soundarapandian.

Ex.P132 —07-12-2012— Copy of the respondent

reply to the Conciliation

Officer.

Ex.P133 —14-12-2012— Copy of the respondent

reminder letter.

Ex.P134 —14-12-2012— Copy of the Conciliation

failure report.

Ex.P135 —15-12-2012— Copy of the respondent

letter to the Conciliation

Officer.

Ex.P136 —21-12-2012— Copy of the Government

reference.

Ex.P137 —24-12-2012— Copy of the respondent

letter to the Inspector of

Police.

Ex.P138 —24-12-2012— Copy of the petitioner

union

Office bearer

Soundarapandian reply to

the respondent.

Ex.P139 —28-12-2012— Copy of the petitioner

union

Office bearer

S o u n d a r a p a n d i a n ,

S a r a v a n a k u m a r ,

Arivaradhan letter to the

respondent.

Ex.P140 —05-01-2013— Copy of the respondent

order to Soundarapandian,

S a r a v a n a k u m a r ,

Arivaradhan.

Ex.P141 —17-01-2013— Copy of the respondent

order to Soundarapandian,

S a r a v a n a k u m a r ,

Arivaradhan.

Ex.P142 —14-02-2013— Copy of the respondent

letter

to

Conciliation

Officer.

List of respondent’s witness:

RW.1 —22-02-2016— B. Krishna Baliga

List of respondent’s exhibits:

Ex.R1 —06-12-2012 —Copy of the order in

I.A. No. 2054/2012 in

OS. No.1121/2012 on the

file

of

III Additional

District Munsif, Puducherry.

19

2 January 2018]

LA GAZETTE DE L’ETAT

Ex.R2 —06.12.2012 — Copy of

the decreetal

order in I.A. No. 2054/

2012 in OS. No. 1121/

2012 on the file of III

Additional

District

Munsif, Puducherry.

Ex.R3 —2009 — Sales Report Chart

-

2012

Ex.R4 — —

—

Terms and conditions of

service issued by the

respondent management.

Ex.R5 —02-04-2012 —Original memo of show

cause

issued

by

the

respondent to Ramesh and

Venkatesan.

Ex.R6 —08-08-2012 —Memo

to

initate

disciplinary action issued

by the respondent to

M. Soundarapandian,

N . S a r a v a n a k u m a r ,

R. Arivaradhan, Baskar

and Sasikumar.

Ex.R7 —19-04-2012 —Office copy of charge

sheet

issued

by

the

respondent to Ramesh.

Ex.R8 —25-04-2012 —Remainder letter sent by

the respondent to Ramesh.

Ex.R9 —28-08-2012 —Memo to surrender the

keys

and documents

etc., (Nos.3) issued by

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

t o

M. Soundarapandian,

N . S a r a v a n a k u m a r ,

R . Arivaradhan.

Ex.R10 —12-09-2012 —Order

of

Suspension

issued by the respondent

to Arivaradhan.

Ex.R11 —12-09-2012 —Order

of

Suspension

issued by the respondent

to Soundarapandian.

Ex.R12 —20-07-2012 —Continuous disturbance

from the employees letter

sent

to

Labour

Commissioner

by

the

respondent management.

Ex.R13 —05-04-2012 —Office copy of the letter

of show cause sent by the

management to R. Anbu,

C. Ramesh, J. Arul.

Ex.R14 —19-04-2012 —Office copy of charge

sheet

issued

by

the

respondent management

to S. Anbu.

Ex.R15 —07-05-2012 —Letter to get increment

by

the

respondent

management to S.Anbu.

Ex.R16 —10-04-2012 —Dormitory Quit Notice

issued by the respondent

management to S. Anbu.

Ex.R17 —11-04-2012 —Memo

issued

by

the

respondent management

to Suresh.

Ex.R18 —12-04-2012 —Office copy of police

complaint given by the

respondent management

against Suresh.

Ex.R19 —03-04-2012 —Memo

issued

by

the

respondent management

to S.Anbu, Ramesh and

Arul.

Ex.R20 —04-04-2012 —Letter to produce the

books by the respondent

management to S. Anbu.

Ex.R21 —05-04-2012 —Warning letters by the

respondent management

to S. Anbu, Ramesh and

Arul.

Ex.R22 —00-08-2012 —Copy of the letter sent by

post by Anbu to Enquiry

officer.

Ex.R23 —09-05-2012 —Letter

sent

by

the

respondent management to

Anbu.

Ex.R24 —25-04-2012 —Office

copy

of

the

remainder letter sent by

t h e

r e s p o n d e n t

management to S.Anbu.

Ex.R25 —03-05-2012— Copy of the letter sent by

the

r es p o nd en t

management to S.Anbu.

Ex.R26 —29-04-2012— Letter sent by S.Anbu to

t h e

r e s p o n d e n t

management.

Ex.R27 —19-04-2012— Returned courier cover

and receip t ad d ressed

t o

S. Anbu

by

the

respondent management.

Ex.R28 —17-10-2009— Office copy of charge

sheet

issued

by

the

respondent management

to S. Anbu.

20

LA GAZETTE DE L’ETAT

[2 January 2018

Ex.R29 —17-09-2012— Acknowledgement card

addressed to S. Anbu.

Ex.R30 —30-04-2012— Acknowledgement card

addressed to S. Anbu.

Ex.R31 —23-04-2012 —Acknowledgement card

addressed to S. Anbu.

Ex.R32 —17-01-2013— L e t t e r t o r e t u r n t h e

company vehicle by the

respondent management

to M. Soundarapandian.

Ex.R33 —18-05-2011— Office copy of salary

certificate issued by the

respondent management

to S. Arivarathan.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 650/CEO/Exam Cell/2017.

Puducherry, the 15th December 2017.

NOTIFICATION

It is hereby notified that the original Matric Mark

Certificate bearing Serial Number B 0328863 under

Register Number 228924 of March 1999, in respect

of Lakshminarasu alias Rekah, an ex-pupil of

St. Patrick Matric Higher Secondary School,

Puducherry, is reported to have been lost and beyond

scope of recovery, it is proposed to issue a duplicate

certificate, If, the original certificate is to be found

by anybody, it should be sent to the Director of

Government Examinations, Chennai-6 for cancellation,

as it is no longer valid.

V. RANGANATHAN,

Chief Educational Officer.

————

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICER

No. 650/CEO/Exam Cell/2017.

Puducherry, the 15th December 2017.

NOTIFICATION

It is hereby notified that the following candidates have lost their original S.S.L.C. Mark Certificates and

beyond the scope of recovery, the necessary steps have been taken to issue duplicate certificates. If, any one

finds the original mark certificate(s), it/they may be sent to the Secretary, State Board of School Examinations

(Sec.), College Road, Chennai-600 006 for cancellation, as it is/they are no longer valid.

Sl.

Name of the

Register No.,

Sl. No. of

School in which

No.

applicant

session and

the mark

studied last

year

certificate

(1)

(2)

(3)

(4)

(5)

Thiru/Tmt./Selvi :

1

A. Pravin

555754, March 2008

—

Government High School, Kuruvinatham,

Puducherry.

2

M. Mahalakshmi

5017183, March 2015

—

Immaculate Heart of Marys Government

Aided High School, Reddiyarpalayam,

Puducherry.

3

A. Anbukumar

469783, April

2004

—

Jeevanandam Government Higher

Secondary School, Karamanikuppam,

Puducherry.

4

A. Arutgracy

388147, March 2000

—

Immaculate Heart of Marys Higher

Secondary School, Puducherry.

5

D. Jayabalaji

595331, March 2010

—

Veeramamunivar Government Boys’

High School, Puducherry.

V. RANGANATHAN,

Chief Educational Officer.