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.. 116

Sentence arbitral du travail

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Award of the Labour Court

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de tribunal.



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Notifications du Gouvernement .. 124

Government Notifications

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.. 130

Avis d’Adjudication

.. 130

Tender notice

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.. 134

Annonces

.. 134

Announcements

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23 {

No.

4

Poudouchéry

Mardi

23

Janvier

2018 (3 Magha 1939)

No.

Puducherry

Tuesday

23rd

January

2018

116

LA GAZETTE DE L’ETAT

[23 January 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 190/Lab./AIL/T/2017,

Puducherry, dated 30th November 2017)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 40/2012,

dated 6-10-2017 of the Labour Court, Puducherry in

respect of the industrial dispute between K. Mohandoss,

Karaikal and the Management of M/s. Soundararaja

Mills, Karaikal over non-employment has been received;

Now, therefore, in exercise of the powers conferred

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

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

with the notification issued in Labour Department's

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

hereby directed by the Secretary to Government

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

Official Gazette, Puducherry.

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 6th day of October 2017.

I.D. (L) No. 40/2012

K. Mohandoss,

No. 46, Annavasal Road,

Nedungadu, Thirunallar,

Karaikal.

. . Petitioner

Versus

The Employer,

M/s. Soundararaja Mills,

Nedungadu, Karaikal.

. . Respondent

This industrial dispute coming on 27-9-2017 before

me for final hearing in the presence of Thiru N. Ramar,

Representative for the petitioner and Thiru G. Jagadharaj,

Advocate for the respondent, upon hearing both sides,

upon perusing the case records, after having stood

over for consideration till this day, this Court passed

the following :

AWARD

1. This industrial dispute has been referred by the

Government as per the G.O. Rt. No. 79/2006/Lab./AIL/J,

dated 30-5-2006 for adjudicating the following:-

(a) Whether the termination of Thiru K. Mohandoss

by the management of M/s. Soundararaja Mills

Limited, is justified or not?

(b) If not so, to what relief he is entitled to?

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

terms of money, if it can be so computed?

The above reference originally taken on file by the

District Court at Karaikal which was being functioned

as Labour Court in I.D. No. 10/2006 and subsequently

when this Industrial Tribunal-cum-Labour Court

established in the year 2012, the case has been

transferred to this Court and this case was taken on file

by renumbering it as I.D.(L). No. 40/2012.

2. The brief averments of the Claim Statement filed

by the petitioner are as follows:

The petitioner was employed as a winder in the

respondent mills from the year 1986. On 1-4-2003,

he got a promotion. His last drawn salary was

` 6,000. The petitioner was initially a member of

INTUC union of Soundararajan Mill National

Workers Union. From 1-3-2003, he became a

member of the CITU union of Nedungadu

Soundararaja Mill Thozhilalar Sangam and he was

the Vice-President of the CITU union. On 19-3-2003

the requisition was given by the petitioner not to

deduct subscription for INTUC union to the

management. The CITU union questioned various

wrong acts of the management. The petitioner

questioned the misappropriation of ` 40 Lakhs from

the Co-operative Society of the respondent

management mills and had been demanding 900

workers who had been working as badlis and

contract workmen to be made permanent which

annoyed the management. On 9-8-2003, the

petitioner was served with a charge memo stating

that he had given lesser production on various dates

between May, 2003 and July, 2003 that against what

was agreed to in the settlement section 18 (1) of

Industrial Dispute Act, 1947, dated 7-5-1998 with

the INTUC union. He was charged with deliberate

go slow. If the allegation was true then the

management would not have waited till 9-8-2003 to

issue a charge-sheet. On the contrary they would

have issued a memo to him on the very day there

117

23 January 2018]

LA GAZETTE DE L’ETAT

was alleged shortfall in production they would have

also deducted wages for lesser production in the

relevant months. Production is many a time less not

on account of fault of the worker but on account of

shortage of power, failure of machine, thread cuts,

poor quality thread, cones with less weight etc., On

22-8-2003, the another charge-sheet was issued to

the petitioner that he had mixed up two different

wrong coloured threads into the cones and caused

loss to the management. Based on the complaint,

dated 22-8-2003 of the maistry Mahalingam and

Supervisor Aranga Karthikeyan, he was straight away

suspended, without even calling for an explanation.

It is further stated that on 2-9-2003, the Enquiry

Officer gave notice fixing the enquiry on 13-9-2003

in respect of the two charge-sheets. The Enquiry

Officer M. Elanchezhian, is the junior counsel of

M. Elumalai, who represents the management in

almost all their cases. The said M. Elanchezhian had

filed a counter along with his senior in I.D. No. 1 of

4 on the first date of enquiry. The petitiner

requisition for the assistance of a co-worker namely

Nilavazhagan or N. Ramar was denied by the

management on the ground that both of them are

dismissed workers. Ramar was employed by the

respondent management and in his dispute, there is

an order reinstating him in service and that was

confirmed by the Hon'ble High Court, Madras and

the case is now in the Hon'ble Supreme Court. The

petitioner went through the enquiry without the

assistance of a co-worker. A dismissed workman is

also a workman under section 2(s) of the Industrial

Dispute Act, 1947.

It is further stated that in the domestic enquiry,

the respondent examined two witnesses namely,

Aranga Karthikeyan and V. Mahalingam. No witness

was examined in respect of the charge, dated

9-8-2003. In respect of the second charge-sheet,

dated 22-8-2003 Aranga Karthikeyan disclaimed

knowledge about anything else except complaint

made by him against the petitioner and V. Mahalingam,

maistry, the main defence of the petitioner was that

the two cones produced by him were taken away by

him and the cones produced in the enquiry. In the

alleged complaint, dated 22-8-2003, there was no

mention about his handing over of the cones. In the

enquiry the cones alleged to have been produced by

the petitioner were not proved to be the same that

was seized by him. Ignoring all the materials

discrepancies the Enquiry Officer forced the

petitioner guilty of the charges. On 28-3-2005,

a second show cause notice was issued. The

petitioner gave his reply on 25-4-2005. Ignoring all

the points in favour of the petitioner and his

unblemished record of service and his plea that he

had been victimised, because he joined CITU union

in March, 2003 and defending the workers, on

4-5-2005 the petitioner was dismissed from service.

3. The brief averments of the counter statement

filed by the respondent are as follows:

The petitioner was working as a winder in the

Cone-Winding Department of the respondent mill.

The respondent and its workmen after negotiations

entered into an 18(1) settlement as per the

provisions of the Industrial Dispute Act, 1947 in

respect of work-load, work assignment, wages, etc.,

on 7-5-1998 in which the respondent management

agreed to pay ` 500 to the permanent employees of

the respondent as ex gratia. The petitioner had also

being a member of INTUC trade union accepted the

settlement and received ` 5 0 0 as exg r a tia

on 14-5-1998 and hence, the settlement was

binding on the petitioner. But, in contravention of

the said settlement, the petitioner, instead of giving

determined workload, wantonly worked slowly and

gave low production on 2-5-2003, 3-5-2003,

9-5-2003, 18-5-2003, 21-5-2003, 25-5-2003,

30-5-2003, 6-6-2003, 7-6-2003, 11-6-2003,

13-6-2003, 20-6-2003, 22-6-2003, 27-6-2003,

28-6-2003, 2-7-2003, 11-7-2003, 18-7-2003,

25-7-2003 and 26-7-2003 and caused loss to the

respondent management. The acts on part of the

petitioner are very serious and grave misconduct

under Clause 17 (3) (o) of the Certified Standing

Orders of the respondent mill. Hence, the respondent

management issued the show cause notice to the

petitioner on 9-8-2003. The petitioner also on 22-8-2003

during the 1st shift wantonly damaged the cones by

mix up the counts. When questioned by the Maistry

as well as the Supervisor, the petitioner has abused

them and failed to obey the reasonable and lawful

orders of the superior Supervisor. These acts on the

part of the petitioner are very serious and grave

misconduct under Clauses 17 (3) (k), 17 (3) (o), 17

(3) (j) and 17 (3) (a) of the Certified Standing

Orders of the respondent mill.

It is further stated that on complaints from

maistry Mr. V. Mahalingam and Supervisor

Mr. C. Aranga Karthikeyan, a show cause notice with

suspension pending enquiry, dated 22-8-2003 along

with the copies of the basic complaints was issued

118

LA GAZETTE DE L’ETAT

[23 January 2018

to the petitioner. In the said show cause notice the

acts of misconduct committed by the petitioner

were clearly and unambiguously stated. As his

explanation, dated 25-8-2003 for the show cause

notice, dated 22-8-2003 was not at all satisfactory

and unacceptable and as the petitioner failed to give

any explanation to the show cause notice, dated

9-8-2003, with a view to afford him adequate

opportunity, the respondent decided to hold a

full-fledged domestic enquiry and accordingly,

issued to the petitioner an enquiry notice on 2-9-2003.

As per the enquiry notice, dated 2-9-2003, the

domestic enquiry was conducted for both the charges

by an independent outside lawyer on 13-9-2003,

20-9-2003, 1-10-2003, 11-10-2003, 18-10-2003,

1-11-2003, 22-11-2003, 6-12-2003, 20-12-2003,

3-1-2004, 10-1-2004, 24-1-2004, 7-2-2004, 14-2-2004,

28-2-2004, 13-3-2004 and 26-3-2004 in accordance

with the principles of natural justice and the

provisions of law.

It is further stated that in the entire domestic

enquiry proceedings the petitioner had fully

participated with his observer and availed all the

opportunities afforded to him and defend his case

and the petitioner had signed each and every page

of the enquiry proceedings after perusing it. The

copies of the documents were furnished to the

petitioner by the respondent management as well as

the Enquiry Officer as requested by him in the

domestic enquiry. After carefully considering the

facts and analysing the material evidence placed

before him, the Enquiry Officer found the petitioner

guilty of the charges framed against him and

submitted his report and findings on 23-6-2004. The

respondent management accepted the report and

finding of the Enquiry Officer as fair and unbiased

and issued to the petitioner a second show cause

notice, dated 28-3-2005 enclosing the copies of the

domestic enquiry proceedings and the report and

findings of the Enquiry Officer. After receiving the

second show cause notice, the petitioner requested

typed set of enquiry proceedings. After receiving

the enquiry proceedings, the petitioner has

submitted his explanation on 25-4-2005, which was

not at all satisfactory and unacceptable and as the

acts of misconduct committed by the petitioner

were very serious and grave in nature and in order

to maintain internal discipline and industrial peace,

the respondent has no other option except

terminating the services of the petitioner in the

large interests of industry, internal discipline,

industrial peace and morale of the employee by an

Order, dated 4-5-2005. While passing the order of

dismissal the respondent management has taken into

consideration the seriousness and gravity of the

misconduct committed by the petitioner, the

aggravating and extenuating circumstances thereof

as well as his past record of service.

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

petitioner no oral or documentary evidence has been

adduced and on the side of the respondent management

MW.1 was examined and Ex.M1 to Ex.M93 were

marked.

5. The point for consideration is:

Whether the termination of petitioner by the

respondent management is justified or not and if not

justified, what is the relief entitled to the

petitioner?

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

parties, the evidence let in and the exhibits marked by

the respondent are carefully considered. On both sides,

written arguments were filed and the same is carefully

considered.

7. It is the case of the petitioner that he had been

in service at the respondent establishment from 1986

and he has served for 17 years and he has been given

show cause notice on 9-8-2003 and 22-8-2003

alleging that he has committed go-slow production

against the norms of the management and relating to

mixing of two different wrong coloured threads into

the cones affecting quality of the production and

subsequently on 4-5-2005 he was removed from

service and that he is a INTUC union member and

subsequently from 1-3-2003, he became a member of

the CITU union and he requested the management not

to deduct subscription for INTUC union on 19-3-2003

and the CITU union had been questioning various

unlawful acts of the management and that he questioned

the misappropriation of ` 40 lakhs from the Co-operative

Society of the respondent management mills and had

been demanding 900 workers who had been working as

badlis and contract workmen to be made permanent,

which annoyed the management and that on 9-8-2003,

he had come for an enquiry to defend two employees

Sakthivel and Chandrasekaran in the domestic enquiry

on which date the charge memo, dated 9-8-2003

was served stating that he had given lesser production

on various dates between May, 2003 and July, 2003

that against what was agreed to in the settlement

119

23 January 2018]

LA GAZETTE DE L’ETAT

section 18 (1) of Industrial Dispute Act with the INTUC

union which was arrived on 7-5-1998 and charge memo

was also given and they would have also deducted wages

for lesser production in the relevant months and

production is low not on the account of the fault of

the petitioner but on the account of shortage of power,

failure of machine, thread cuts, poor quality thread,

cones with less weight etc., and on 22-8-2003, the

petitioner was issued another charge-sheet alleging

that he had mixed up two different wrong coloured

threads into the cones and caused loss to the

management and he was suspended without even

calling for an explanation and on 2-9-2003, the

Enquiry Officer gave notice fixing the enquiry on 13-9-2003

in respect of the two charge-sheets and enquiry was

conducted and one M. Elanchezhian was appointed as

an Enquiry Officer who is the junior counsel of

M. Elumalai, who represents the management in almost all

their cases and the petitioner requested the Enquiry

Officer

for

assistance

of

co-worker

namely,

Nilavazhagan or N. Ramar which was denied by the

management on the ground that both of them are

dismissed workers and that therefore, without

assistance of co-worker he went through the enquiry

and after the enquiry ignoring all the materials

discrepancies the Enquiry Officer forced the petitioner

guilty of the charges and on 28-3-2005, a second show

cause notice was issued and though he gave his reply

on 25-4-2005 ignoring all the points mentioned therein

and to victimise the petitioner as he joined in CITU

union he was dismissed from service on 4-5-2005.

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

respondent that petitioner was working as a winder in

the Cone-Winding Department of the respondent mill

and the workers have negotiated and entered into an

18(1) settlement in respect of work-load, work

assignment, wages, etc., on 7-5-1998. In which the

respondent management agreed to pay ` 500 to the

permanent employees of the respondent as ex gratia

and the petitioner being a member of INTUC trade

union accepted the settlement and received ` 500 as

ex gratia on 14-5-1998 and hence the settlement was

binding on the petitioner but in contravention of the

said settlement the petitioner, instead of giving

determined work-load, wantonly worked slowly and

gave low production on various dates and he has caused

loss to the respondent management and the act of the

petitioner are very serious and grave misconduct under

Clause 17 (3) (o) of the Certified Standing Orders of

the respondent mill and hence, the respondent

management issued the petitioner show cause notice

on 9-8-2003 and that the petitioner wantonly damaged

the cones by mix up the counts on 22-8-2003 when it

was questioned by the maistry as well as the

Supervisor, the petitioner has abused them and failed

to obey the lawful orders of the superior Supervisors

and that on complaint from maistry and Supervisor a

show cause notice with suspension pending enquiry

was given on 22-8-2003 along with the copies of the

basic complaints to the petitioner and the explanation

given by the petitioner was not at all satisfactory to

the management which are unacceptable and as the

petitioner failed to give any explanation to the show

cause notice, dated 9-8-2003, with a view to afford him

adequate opportunity, the respondent decided to hold

a full-fledged domestic enquiry and accordingly, an

enquiry notice issued to him on 2-9-2003 and after the

enquiry, the Enquiry Officer found the petitioner guilty

of the charges framed against him and submitted his

report and findings on 23-6-2004 which was accepted

by the management and issued a second show cause

notice to the petitioner on 28-3-2005 enclosing the

copies of the domestic enquiry proceedings and after

receiving the second show cause notice, the petitioner

requested typed set of enquiry proceedings and after

receiving the enquiry proceedings, the petitioner has

submitted explanation on 25-4-2005 which was not at

all satisfied to the management which is also

unacceptable and considering the fact that the

misconduct committed by the petitioner is very serious

and grave in nature the service of the petitioner was

terminated by the management on 4-5-2005 in the

interest of internal discipline.

9. On perusal of records, it is found that this Court

has already held that the domestic enquiry conducted

by the respondent management against the petitioner

was invalid one. Hence, now it is to be decided by this

Court that whether from the oral evidence of the

respondent management RW.1 and exhibits marked on

their side the respondent management has proved that

the domestic enquiry conducted against the petitioner

is fair and whether the respondent management has

established the charges before this Court and whether

the punishment given by the respondent management

is proportionate to the gravity of the alleged

misconduct committed by the petitioner. On this

aspect the evidence and exhibits were carefully

considered.

10. On this aspect the evidence of the respondent

management RW.1 was carefully perused. After passing

of a Preliminary Award holding that the domestic

enquiry conducted by the respondent management

against the petitioner is unfair and not in accordance

120

LA GAZETTE DE L’ETAT

[23 January 2018

of principles of natural justice the respondent

management has examined RW.1 the personal manager

of the respondent Industry who has deposed that the

petitioner has involved in go slow strike in production

and he has not shown the production as agreed under

the settlement entered between the workers and the

management under section 18(1) of the Industrial

Disputes Act and the petitioner was given several

notices regarding low production of the petitioner

than the agreed norms on various dates in the month

of May, June and July 2003 and that the petitioner has

caused loss to the respondent management which is

against the section17 (3) (o) of the provisions of

Certified Standing Order and hence, show cause notice

was issued to him on 9-8-2003 and it is the further

evidence of RW.1 that on 22-8-2003 while petitioner

was working at the 1st shift wantonly damaged the

cones by mix up the counts and also disobey the orders

of the superiors which also mis-conduct under Clauses

17 (3) (k), 17 (3) (o), 17 (3) (j) and 17 (3) (a) of the

Certified Standing Order and that therefore, the enquiry

was conducted and the Enquiry Officer has found

guilty against the petitioner and that therefore, after

issue of show cause notice he has been removed from

service on 4-5-2005.

11. In support of their contention the respondent

management has exhibited Ex.M1 to Ex.M93. It is

learnt from Ex.M1 to Ex.M7 that these documents are

coming to exist only after the domestic enquiry and

these documents only discloses the fact that dismissal

of the petitioner from service and raising the

industrial dispute and the reference sent by the

Government to this Tribunal and Ex.M8 reveal that

settlement arrived at between the management and

union on 7-5-1998. Ex.M9 is the copy of the

production given by the petitioner. Ex.M10 would

evident that the show cause notice was given to the

petitioner on 9-8-2003 and Ex.M11 is the requisition

of the petitioner asking copy of the settlement and

Ex.M12 is the letter of the management permitting the

petitioner to persue the settlement and Ex.M13 is the

complaint given by the maistry Mahalingam against the

petitioner on 22-8-2003. Ex.M14 is the complaint

given by Supervisor Aranga Karthikeyan on the same day.

Ex.M15 is the copy of the show cause notice issued

on the same day for which the petitioner has given

explanation on 25-8-2003 under Ex.M16. Ex.M17 is

the copy of the enquiry notice issued to the petitioner

on 2-9-2003. Ex.M18 is the copy of the requisition

of the petitioner to appoint a union leader as his

representative in the domestic enquiry. Ex.M19 is the

reply given by the respondent management which

reveal that the respondent management has not

permitted the petitioner to get assistance of the union

leader and rejected his requisition that the union leader

is not working as employee at that time. Ex.M20

would reveal the fact that petitioner has stated to the

Enquiry Officer regarding his inefficiency to read his

documents and to cross examine the witnesses and to

produce the documents which is in his favour and he

has asked permission to appoint Nilavazhagan or

N. Ramar as a representative to conduct the enquiry and

the same was also refused by the management under

the letter, dated 22-9-2003 which is exhibited as

Ex.M21 on the ground that the said Nilavazhagan or

N. Ramar have been removed from service from the

factory. The letter of the petitioner and the reply of

the petitioner are exhibited as Ex.M22 to Ex.M24.

Ex.M25 to Ex.M29 are the enquiry notices sent to the

petitioner and Ex.M30 is the order of the Hon'ble High

Court passed in W.P. No. 15958/2003 on 13-8-2003.

The other documents would go to show that the

petitioner was complained that he has not completed

his production norms and he has submitted the

explanation for the show cause notice and the enquiry

notice was sent to him and the petitioner has submitted

number of applications to the respondent management

on various dates from 25-8-2003 to 3-1-2004 which

are exhibited as Ex.M49 to Ex.M62. These documents

would go to show that the petitioner has sent several

letters to the management regarding false charges

foisted against him and to permit him to get an

assistance of a co-employee and regarding his inability

to participate in the domestic enquiry with the Enquiry

Officer. Instead of marking glass tubes and glass cones

as material objects, the said objects were marked as

Ex.M92 and Ex.M93.

12. Though the respondent witness has stated about

the charges leveled against the petitioner, show cause

notices issued to the petitioner and the domestic

enquiry in the chief examination, it does not contain

the averment regarding the Enquiry Officer who

conducted the domestic enquiry and proceedings of the

domestic enquiry conducted by the Enquiry Officer in

a biased manner as this Court has already held that the

domestic enquiry is unfair. The respondent management

has failed to establish before this Court that the

domestic enquiry was held in a fair manner following

the principles of natural justice. As the management

has failed to establish the above it is clear that the

respondent management has utterly failed to establish

their case and the findings of the domestic enquiry

report is suspicious one. Further, the written argument

filed by the respondent management also does not

speak about any further evidence let in by the

management.

121

23 January 2018]

LA GAZETTE DE L’ETAT

13. Furthermore, it is learnt from the records that

though the respondent management has exhibited 93

documents they have not filed the enquiry report

submitted by the Enquiry Officer before this Court.

Further, the complaints given by maistry Mahalingam

and Supervisor Aranga Karthikeyan are exhibited as

Ex.M13 and Ex.M14. But, the said complainants have

not been examined before this Court to prove the the

said exhibits that is the complaints given by them

against the petitioner. Though the respondent

management has relied upon several citations, it has

failed to establish that the domestic enquiry was

conducted in a fair manner and failed to prove the

charges leveled against the petitioner before this Court

after passing of the said Preliminary Award and

therefore, as this Court has already held that the

domestic enquiry conducted by the Enquiry Officer is

not in accordance with the principles of natural justice

and the respondent management has terminated the

service of the petitioner only on the foot of the said

invalid enquiry report and as the petitioner has served

more than 17 years at the respondent establishment,

the punishment of termination from service given to

the petitioner for the charge of agitation of go-slow

in production and mixing of two different wrong

coloured threads into the cones and causing loss to the

management, is not proportionate. Therefore, it is just

and necessary to held that the termination order passed

by the respondent management on the foot of the

domestic enquiry report is not sustainable and hence,

it is to be held that the termination of petitioner by

the respondent management is not justified and the

petitioner is entitled for the relief of reinstatement as

claimed by him in the claim statement.

14. As this Court has decided that the termination

of petitioner by the respondent management is not

justified, it is to be decided whether the petitioner is

entitled for back wages with continuity of service as

claimed by the petitioner. It is not the case of the

respondent that petitioner is working in any other

industry after his termination. The petitioner has stated

that he is not working anywhere else after his

termination. However, the petitioner could have served

at any where else after his termination from the

respondent establishment. Considering the above

circumstances, this Court decides that the petitioner

is entitled for 30% back wages and other attendant

benefits.

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

the termination of petitioner by the respondent

management is not justified and an Award is passed by

directing the respondent to reinstate the petitioner

within one month from the date of this order and to

pay 30% back wages from the date of termination till

the date of reinstatement with continuity of service and

other attendant benefits. No cost.

Dictated to Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 6th day of October, 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 witness:

MW.1 — 21-11-2012— A. John Amalraj

List of respondent’s exhibits:

Ex.M1 —

Copy of the dismissal order issued to

the petitioner, dated 4-5-2005.

Ex.M2 —

Copy of the notice of the Labour

Officer with 2A petition, dated

10-10-2005.

Ex.M3 —

Copy of the reply filed by the

respondent, dated 18-11-2005.

Ex.M4 —

Copy of the Conciliation failure report

from the Labour Officer, Karaikal,

dated 9-2-2006.

Ex.M5 —

Copy of the notification issued by the

Government of Puducherry, dated

30-5-2006.

Ex.M6 —

Copy of the claim statement filed by

the petitioner, dated 19-11-2006.

Ex.M7 —

Copy of the counter statement filed by

the respondent, dated 5-9-2007.

Ex.M8 —

Copy of the 18(1) Settlement in

respect of work load etc., dated

7-5-1998.

Ex.M9 —

Copy of the production list given by the

petitioner.

Ex.M10—

Copy of the show cause notice issued

to the petitioner, dated 9-8-2003.

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LA GAZETTE DE L’ETAT

[23 January 2018

Ex.M11—

Copy of the letter of petitioner asking

copy of settlement, dated 12-8-2003.

Ex.M12—

Copy of the letter of respondent asking

the petitioner to peruse the Settlement,

dated 18-8-2003.

Ex.M13—

Copy of the complaint given by Maistry

V. Mahalingam against the petitioner,

dated 22-8-2003.

Ex.M14—

Copy of the complaint given by

Supervisor C. Arangakarthikeyan against

the petitioner, dated 22-8-2003.

Ex.M15—

Copy of the show cause notice issued

to the petitioner, dated 22-8-2003.

Ex.M16—

Copy of the explanation of the

petitioner, dated 25-8-2003.

Ex.M17—

Copy of the enquiry notice, dated

2-9-2003.

Ex.M18—

Copy of the letter of the petitioner to

have

a

Union

Leader

as

his

representative, dated 13-9-2003.

Ex.M19—

Copy of the reply given by the

respondent, dated 13-9-2003.

Ex.M20—

Copy of the letter of the petitioner to

have a union leader as his representative,

dated 20-9-2003.

Ex.M21—

Copy of the reply given by the respondent,

dated 22-9-2003.

Ex.M22—

Copy of the letter of petitioner making

false allegations, dated 26-9-2003.

Ex.M23—

Copy of the reply given by the

respondent with proof, dated 29-9-2003.

Ex.M24—

Copy of the letter of petitioner to

adjourn the enquiry, dated 30-9-2003.

Ex.M25—

Copy of the enquiry notice, dated

1-10-2003.

Ex.M26—

Copy of the receipt given by the

petitioner for accepting the settlement,

dated 7-5-98 and receiving ` 500 as

good will payment, dated 14-5-1998.

Ex.M27—

Copy of the letter of the respondent,

dated 11-10-2003.

Ex.M28—

Copy of the letter of the respondent,

dated 14-11-2003.

Ex.M29—

Copy of AD Card, dated 15-11-2003.

Ex.M30—

Copy of the order of the Hon'ble High

Court passed in W.P. No. 15958/2003,

dated 13-8-2003.

Ex.M31—

Copy of the order promoting the

petitioner, dated 28-3-2003.

Ex.M32—

Copy of the production report in

respect of petitioner in Winding

Department for the month of May,

2003 to July, 2003.

Ex.M33—

Copy of the enquiry proceedings.

Ex.M34—

Copy of the report and findings of the

Enquiry Officer, dated 23-6-2004.

Ex.M35—

Copy of the second show cause notice,

dated 28-3-2005.

Ex.M36—

Copy of the letter of the petitioner

requesting typed copy of enquiry

proceedings, dated 1-4-2005.

Ex.M37—

Copy of the reply of the respondent

enclosing typed copy of enquiry

proceedings, dated 13-4-2005.

Ex.M38—

Copy of the explanation submitted by

the petitioner, dated 25-4-2005.

Ex.M39—

Copy of the show cause notices issued

to the petitioner, dated 28-4-2003,

18-6-2003, 9-8-2003 and 22-8-2003.

Ex.M40—

Copy of the letter enclosing order of

the Hon'ble High Court, Madras, dated

5-6-2003.

Ex.M41—

Copy of the letter of the petitioner to

the INTUC Union, dated 19-3-2003.

Ex.M42—

Copy of the letter of the petitioner

asking copy of the settlement, dated

12-8-2003.

Ex.M43—

Copy of the letter of INTUC President

issued to the petitioner, dated 25-7-2003.

Ex.M44—

Copy of the reply of the petitioner to

the INTUC, dated 31-7-2003.

Ex.M45—

Copy of the wage slip in respect of the

petitioner.

Ex.M46—

Copy of the letter sent by the petitioner

to the Labour Officer, Karaikal.

Ex.M47—

Copy of the letter of CITU Union to the

Registrar of Co-operative Department,

Karaikal, dated 21-7-2003.

Ex.M48—

Copy of the enquiry notice, dated

2-9-2003.

123

23 January 2018]

LA GAZETTE DE L’ETAT

Ex.M49—

Copy of the letter of the petitioner,

dated 25-8-2003.

Ex.M50—

Copy of the letter of the petitioner,

dated 13-9-2003.

Ex.M51—

Copy of the letter of the petitioner,

dated 20-9-2003.

Ex.M52—

Copy of the letter of the petitioner,

dated 20-9-2003.

Ex.M53—

Copy of the letter of the petitioner,

dated 22-9-2003.

Ex.M54—

Copy of the letter of the petitioner,

dated 26-9-2003.

Ex.M55—

Copy of the letter of the petitioner,

dated 11-10-2003.

Ex.M56—

Copy of the letter of the petitioner,

dated 17-10-2003.

Ex.M57—

Copy of the letter of the petitioner,

dated 11-11-2003.

Ex.M58—

Copy of the letter of the petitioner,

dated 11-11-2003.

Ex.M59—

Copy of the letter of the petitioner,

dated 24-11-2003.

Ex.M60—

Copy of the letter of the petitioner,

dated 29-12-2003.

Ex.M61—

Copy of the letter of the petitioner,

dated 30-12-2003.

Ex.M62—

Copy of the letter of the petitioner,

dated 3-1-2004.

Ex.M63—

Copy of the letter enclosing Hon'ble

High Court Order, dated 5-6-2003.

Ex.M64—

Copy of the letter given by petitioner to

the INTUC Union, dated 19-3-2003.

Ex.M65—

Copy of INTUC to the petitioner, dated

25-7-2003.

Ex.M66—

Copy of INTUC to the petitioner, dated

31-7-2003.

Ex.M67—

Copy of the wage slip in respect of

petitioner, dated 31-7-2003.

Ex.M68—

Copy of the letter of CITU to the

Registrar, Co-operative Department,

dated 21-7-2003.

Ex.M69—

Copy of the failure report, dated

25-7-2003.

Ex.M70—

Copy of pamphlet of CITU.

Ex.M71—

Copy of the letter of the petitioner,

dated 12-8-2003.

Ex.M72—

Copy of the letter of petitioner, dated

22-8-2003.

Ex.M73—

Copy of the enquiry notice, dated

2-9-2003.

Ex.M74—

Copy of the letter of petitioner, dated

13-9-2003.

Ex.M75—

Copy of the letter of petitioner, dated

20-9-2003.

Ex.M76—

Copy of the letter of petitioner, dated

22-9-2003.

Ex.M77—

Copy of the letter of petitioner, dated

26-9-2003.

Ex.M78—

Copy of the letter of petitioner, dated

11-10-2003.

Ex.M79—

Copy of the letter of petitioner, dated

17-10-2003.

Ex.M80—

Copy of the letter of petitioner, dated

11-11-2003.

Ex.M81—

Copy of the letter of petitioner, dated

11-11-2003.

Ex.M82—

Copy of the letter of petitioner, dated

24-11-2003.

Ex.M83—

Copy of the letter of petitioner, dated

24-11-2003.

Ex.M84—

Copy of the letter of the petitioner,

dated 29-12-2003.

Ex.M85—

Copy of the letter of petitioner, dated

30-12-2003.

Ex.M86—

Copy of the letter of petitioner, dated

3-1-2004.

Ex.M87—

Copy of the letter of petitioner, dated

20-1-2004.

Ex.M88—

Copy of the letter of petitioner, dated

7-2-2004.

Ex.M89—

Copy of the letter of R. Vadivel, dated

8-2-2004.

Ex.M90—

Copy of certified standing Order, dated

1-9-1966.

Ex.M91—

Copy of the past records of the

petitioner.

Ex.M92—

Glass tubes (2 Nos.).

Ex.M93—

Cones (2 Nos.).

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.