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La Gazette de L' État de Poudouchéry

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Page

Page

.. 138

Sentence arbitral du travail

.. 138

Award of the Labour Court

.. 138

de tribunal.



.. 145

Notifications du Gouvernement .. 145

Government Notifications

.. 145



.. 158

Avis d’Adjudication

.. 158

Tender notice

.. 158



.. 162

Annonces

.. 162

Announcements

.. 162

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30 {

No.

5

Poudouchéry

Mardi

30

Janvier

2018 (10 Magha 1939)

No.

Puducherry

Tuesday

30th

January

2018

138

LA GAZETTE DE L’ETAT

[30 January 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 191/Lab/AIL/T/2017,

Puducherry, dated 30th November 2017)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 02/2016,

dated 27-10-2017 of the Labour Court, Puducherry in

respect of the industrial dispute between the

Management of M/s. Suolificio Linea Italia (India)

Private Limited, Sedarapet, Puducherry and Chemcrown

Exports Suolificio Linea Italia Thozhilalargal Sangam

over termination of 5 union workmen 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.

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 27th day of October, 2017.

I.D. (L) No. 02/2016

The Chemcrown Exports Suolificio

Linea Italia Thozilalargal Sangam,

No. 42, Cuddalore Main Road,

Bharathi Mill Thittu, Mudaliarpet,

Puducherry-605 004.

. . Petitioner

Versus

The Managing Director,

M/s. Suolificio Linea Italia (India)

Private Limited,

No. 19/1 and 4/14, Mylam Pondy Road,

Sedarapet, Puducherry.

. . Respondent

This industrial dispute coming on 11-10-2017

before me for final hearing in the presence of

Thiruvalargal R.T. Shankar, A. Ashokkumar, P. Suresh

and B. Balamurugan, Counsel for the petitioner,

Thiruvalargal L. Sathish, T. Pravin, S. Velmurugan,

Advocates filed vakalat for the respondent and

subsequenty when the case was posted for filing of

counter, the respondent being called absent and set

ex parte, upon hearing the petitioner and perusing the

cast records, this Court passed the following :

AWARD

1. This industrial dispute has been referred by the

Government as per the G.O. Rt. No. 14/AIL/Lab./T/2016,

dated 14-3-2016 for adjudicating the following:

(a) Whether the dispute raised by union workmen

Chemcrown Exports Suolificio Linea Italia Thozilalargal

Sangam against the management of M/s. Suolificio

Linea Italia Private Limited, Puducherry over illegal

termination of 5 union workmen Thiruvalargal

(1) R. Annamalai, (2) T. Nagamuthu, (3) P. Ganapathy,

(4) V. Anton Sagayaraj, (5) S.Selvamani during the

pendency of conciliation proceedings and pendency

before the Labour Court is justified? If justified,

what relief they are entitled to?

(ii) Whether the management had violated the

provisions under section 33(A) of the Industrial

Disputes Act, 1947. If so, what relief the union

workmen are entitled?

(iii) Whether the engagement of contract labour

directly in the manufacturing process against the

provisions of the Contract Labour (Regulation and

Abolition) Act is justified? If not justified, what

relief the union workmen are entitled to?

(iv) Whether the management had adopted unfair

labour practice against the trade union office

bearers. If so, what relief they are entitled to ?

(v) To compute the relief if any, awarded in terms

of money if, it can be so computed?

2. Though the Counsel for the respondent filed

vakalat, despite several opportunities, no counter was

filed on behalf of the respondent and hence, the

respondent was set ex parte.

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

petitioner the union member Anton Sagayaraj was

examined as PW.1 and Ex.P1 to Ex.P102 were marked.

4. The point for determination is:

(i) Whether the dispute raised by the petitioner

union against the respondent management over

illegal termination of 5 union workmen namely

R. Annamalai, T. Nagamuthu, P. Ganapathy, V. Anton

Sagayaraj, S. Selvamani during the pendency of

conciliation proceedings and pendency before the

Labour Court is justified or not and if justified,

what is the relief entitled to the said workmen?

(ii) Whether the management had violated the

provisions under section 33(A) of the Industrial

Disputes Act, 1947 and had adopted unfair labour

practice against the trade union office bearers and

if so, what is the relief entitled to the union workmen?

139

30 January 2018]

LA GAZETTE DE L’ETAT

(iii) Whether the engagement of contract labour

directly in the manufacturing process against the

provisions of the Contract Labour (Regulation and

Abolition) Act is justified or not and if not

justified, what is the relief entitled to the union

workmen?

5. On point No.1 :

Heard. As per the claim petition and evidence of

PW.1, it is the case of the petitioner union that union

is a registered one and the respondent establishment

is a registered company and functioning for about 12 years

in which more than 250 employees are working and

involving the manufacturer of leather foot wear and

leather products having huge profits as annual income

and that the union has raised the industrial dispute for

unfair labour practice committed by the respondent

management, protection of service conditions of the

members of the union, suspension and termination of

the five union workmen and engagement of contractual

labourers and that the union has given strike notice on

16-12-2014 to the management and raised industrial

dispute against the respondent management that the

management adopting unfair labour practice against the

union workmen and no protection for their service and

illegally suspended the union workmen by false

charges and terminating the service of the union

workmen against the principles of natural justice and

also violating the provision of section 33 of the

Industrial Disputes Act and engaged contractual workmen

illegally for manufacturing process against the

provisions of the Contract Labour, Act and threatening

the petitioner union members by outside bad element

inside the factory premises and violating the terms and

conditions of the 12(3) settlement and on 15-12-2014

the union has filed a charter of demand for various

demands including the suspension and refusal of

employment to the workmen while pendency of the

dispute and during the course of conciliation on

19-12-2014 the union alleged that the management

continuously adopting unfair labour practice from the

year 2003 since, from the date of formation of the

trade union and illegally terminated the 5 union

workmen during the year 2011 which was referred to

Labour Court and the Labour Court awarded

reinstatement with full back wages and all legal benefits

and the order has not been implemented by the

management and against the order the management

filed a Appeal before the Hon’ble High Court which

is pending and the management illegally refused the

regularisation to union workers including 5 dismissed

employees and the dispute was referred to Labour Court

in I.D.(T). No. 31/2012 which was allowed by the

Labour Court on 3-9-2013 and even then the

management refused to implement the same and

therefore, the petitioner union filed an execution

petition in E.P. No. 16 of 2015 before the II ADJ and

the same was pending and during the Court proceedings

and

conciliation,

the

respondent

management

suspended 5 union workmen who is connected with

disputes namely Annamalai, Nagamuthu, Ganapathy,

Anton Sagayaraj and Selvamani with

mala fide

intention and by an act of victimisation

6. It is the further case of the petitioner union that

the management again suspended 7 union officers on

13-12-2014 when Police complaint was made before

the SHO, Sedarapet vide in FIR. No. 100/201 as the

management dismantled the trade union flag and union

name board and that the respondent management agreed

before the SHO, Sedarapet to revoke the order of

suspension, dated 26-12-2014 to 5 union workmen and

revoke the order of suspension, dated 13-12-2014 to

7 union workmen and however, the management acted

against the agreed terms and conditions before the

SHO, Sedarapet and without obtained any permission

or approval from the appropriate authority terminated

the abovesaid 5 union workmen on 1-4-2015 illegally

by an act of victimisation and motivation which is

against the section 33 of the Industrial Disputes Act and

the petitioner union strongly represented before the

Conciliation Officer that the management illegally

adopting unfair labour practice and termination of

union workmen while pendency of conciliation and

Labour Court proceedings and that the management

violated the provision under section 33 of the

Industrial Disputes Act and engaged illegally the

contract labourers in the place of the union workmen

and imposed false charges against the trade union

office bearers in order to terminate their services

illegally with mala fide intention and the Enquiry

Officer appointed by the respondent management is

nothing but their Counsel and therefore, he would be

acted upon the tunes of the employer and hence, the

enquiry conducted by the respondent management is

absolutely contra and against law and it would not bind

as per law and not provided any sufficient opportunity

to the union members to prove their innocence in the

domestic enquiry on the principles of natural justice

and the enquiry was conducted in a biased manner and

the respondent management while entering a 12(3)

settlement before the conciliation machinery forcibly

not allowed the petitioner union to enter the

settlement in the registered name of the trade union

and honorary president to sign in the settlement and

union agreed with the management not to adopt unfair

practice against the union workmen and whereas, the

management taking advantage continuously adopting

unfair labour practice against the workmen by issuing

140

LA GAZETTE DE L’ETAT

[30 January 2018

false charge-sheet, suspension and termination of their

service and charges are fake, false and invented and

concoted one for victimize the employees and the

Enquiry Officer is appointed by the management not

an independent and Impartial Officer and he is a Counsel

appearing for the respondent management and he has

also not permitted the office bearer of the union to

assist the charge-sheet employees and the domestic

enquiry is conducted in a biased manner and has not

followed the principles of natural justice and the

enquiry is not conducted in a manner by giving full

opportunity to the employees to defend the charge on

merit and the Enquiry Officer has not considered the

evidence of the employee’s witnesses in the enquiry

proceedings and the employees were not permitted by

the Enquiry Officer to cross examine the respondent

side witnesses and that therefore, the respondent

management taking the law into their hands to do all

sort of unfair labour practices as against the petitioner

union members and that employees are not working

anywhere else in other establishment and the workmen

and their family are facing untold hardship after

termination by the respondent management. In support

of their case, the petitioner union has exhibited Ex.P1

to Ex.P102.

7. From the oral evidence and exhibits marked by

the petitioner, it is clearly established through the

petitioner union that the petitioner union members

were working in the respondent establishment and that

the respondent management has not conducted the

domestic enquiry in a proper manner and has not given

any opportunity to petitioner workmen to defend the

case and the

respondent management without

conducting domestic enquiry in a proper manner has

terminated the above-mentioned workmen from service

without obtaining any prior permission which is totally

against the provisions of the labour laws.

8. On the other hand, though the respondent Counsel

filed vakalat for respondent, the respondent has not

filed any counter and subsequently due to the absence

of the respondent, the respondent was set ex parte.

Considering the fact that the petitioner union has

established their case that the union members are

terminated by the respondent management without

following any procedures and without obtaining any

prior permission while the conciliation is pending, it

is to be held that the termination of 5 union workmen namely

Annamalai, Nagamuthu, Ganapathy, Anton Sagayaraj and

Selvamani are not justified and hence, it can be held

that the petitioners are entitled for reinstatement with

full back wages, continuity of service and all other

attendance benefits as claimed by them.

9. On point No. 2 :

The another point is to be decided 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 Disputes 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 the members of the trade union without

any reason. As already discussed above, it is clear that

while the conciliation was pending before the

Conciliation Officer regarding charter of demands

the respondent management has terminated the

union members without any permission of the

Conciliation Officer where the industrial dispute is

pending and that therefore, it is clear that the

respondent management has violated the provisions

of section 33 of Industrial Disputes Act and further,

the respondent management has terminated the

services of the employees without giving any

opportunity and without conducting domestic

enquiry in a proper manner while the industrial

dispute is pending before the Conciliation Officer

without getting express permission from 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 participation in the trade union in the

respondent factory and the respondent management

has terminated the union members without giving any

opportunity and without conducting domestic

enquiry in a proper manner 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.

10. On point No. 3 :

It is the case of the petitioner union that the

respondent management has engaged the contractual

labour in the manufacturing process in the place of

union workmen against the provisions of Contract

Labour Act and in support of their contention PW.1

has let evidence. Percontra, the respondent management

does not prefer themselves to conduct the dispute

and as discussed above the respondent management

has used to appoint contract labours in the

manufacturing process as against the provisions of

Contract Labour Act and has to be forbidden by the

Award and hence, the respondent management is to

be directed not to engage contract labours in the

manufacturing process.

11. In the result, the petition is 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 Disputes Act and the

141

30 January 2018]

LA GAZETTE DE L’ETAT

industrial dispute raised by the petitioner union against

the respondent management over illegal termination of

5 union workmen Tvl. (1) R. Annamalai, (2) T. Nagamuthu,

(3) P. Ganapathy, (4) V. Anton Sagayaraj, (5) S. Selvamani

during the pendency of conciliation proceedings and

pendency before the Labour Court and against engagement

of contract labour directly in the manufacturing

process 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 with full back wages, continuity of service

and all other attendance benefits and further the respondent

management is directed not to engage contract labours

directly in the manufacturing process. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 27th day of October, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

————

List of

petitioner’s witness:

PW.1

— 11-10-2017— Anton Sagayaraj

List of petitioner’s exhibits:

Ex.Pl —20-08-2013— Copy of Form-L of strike

notice

given

by

the

petitioner union to the

respondent management for

the unfair labour practices

committed by the respondent

management.

Ex.P2—31-10-2013— Copy of conciliation call

letter send by the Labour

Officer in respect of the

strike notice.

Ex.P3—08-04-2013— Copy

of

charter

of

demands submitted by the

petitioner union before

the

Labour

O f fi c e r

Conciliation,

Puducherry

for wage revision of the

employees wo rk i n g wi t h

the respondent management.

Ex.P4—11-03-2014— Copy

of

conciliation

reopen letter submitted by

the petitioner union before

t h e

L a b o u r

O f f i c e r

Conciliation, Puducherry.

Ex.P5—29-04-2015— Copy of industrial dispute

raised by the petitioner

u n i o n

f o r

d i s mi s s e d

employees.

Ex.P6—13-07-2015— Copy of failure report

submitted by the Labour

O ffi c e r

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

Puducherry to Government

of Puducherry.

Ex.P7—14-03-2016— Copy of notification issued

by the Government of

Puducherry to refer the

industrial dispute to Labour

Court,

Puducherry

for

adjudication.

Ex.P8—

–

— Certified copy of the claim

statement filed in I.D. (T).

No. 31/2012.

Ex.P9—03-09-2013— Certified

copy

of

the

Award passed in I.D.(T).

No. 31/2012.

Ex.P10—11-11-2014— Certified

copy

of

the

Execution petition filed in

E.P. No. 16 of 2015.

Ex.P11—04-10-2015— Certified

copy

of

the

counter

filed

by

the

respondent management in

E.P. No. 16 of 2015.

Ex.P12—16-11-2015— Certified copy of the order

passed in E.P. No. 16 of 2015.

Ex.P13—11-11-2014— Certified copy of the H4

notice received by the

respondent in E.P. No. 16

of 2015.

Ex.P14—05-07-2013— Copy of the show cause

notice

issued

by

the

respondent management to

Annamalai.

Ex.P15—06-07-2013—Copy of the reply letter

submitted by Annamalai to

the respondent management.

Ex.P16—23-07-2013—Copy of the show cause

notice

issued

by

the

respondent management to

Annamalai.

Ex.P17—25-07-2013—Copy of the reply letter

submitted by Annamalai to

the respondent management.

142

LA GAZETTE DE L’ETAT

[30 January 2018

Ex.P18—26-07-2013— Copy of the temporary

suspension order issued by

the respondent management

to Annamalai.

Ex.P19—07-08-2013— Copy of suspension pending

enquiry letter issued by

the respondent management

to Annamalai.

Ex.P20—26-08-2013— Copy of the notice sent by

the respondent management

to Annamalai.

Ex.P21—28-08-2013— Enquiry proceedings.

Ex.P22—07-09-2013— Copy

of

the

letter

submitted

by

the

Annamalai to the Enquiry

Officer seeking permission

for Assistance.

Ex.P23—07-09-2013— Copy

of

the

enquiry

proceedings.

Ex.P24—14-09-2013— Copy

of

the

letter

submitted by Annamalai to

the Enquiry Officer.

Ex.P25—14-09-2013— Copy

of

the

enquiry

proceedings.

Ex.P26—21-09-2013— Copy of the objection

letter given by Annamalai

to the Enquiry Officer for

biased enquiry.

Ex.P27—21-09-2013— Copy

of

the

enquiry

proceedings.

Ex.P28—21-09-2013— Copy

of

the

letter

submitted by Annamalai

for

changing

Enquiry

Officer.

Ex.P29—01-10-2013— Copy of summon sent by

the Enquiry Officer to

Annamalai.

Ex.P30—08-01-2014— Copy of the letter sent

by

Annamalai

to

the

respondent management

for

requesting

the

subsistence allowance.

Ex.P31—29-03-2014— Copy

of

the

enquiry

report.

Ex.P32—05-09-2014— Copy of dispute raised by

Annamalai

before

the

La b o u r

Of f i c e r

Conciliation.

Ex.P33—05-03-2015— Copy of the 2nd show

cause notice sent by the

respondent management

to Annamalai.

Ex.P34—09-03-2015— Copy of reply letter sent

by

Annamalai

to

the

respondent management.

Ex.P35—01-04-2015— Copy of dismissal order

issued to Annamalai with

o ne mo nth salar y fo r

a sum of ` 7,300 vide

ICICI Bank cheque, dated

01-04-2013

under

the

cheque No. 103752.

Ex.P36—16-04-2015— Copy of letter sent by

Annamalai to the respondent

management for requesting

job.

Ex.P37—24-05-2013— Copy of show cause notice

issued by the respondent

to the Selvamani.

Ex.P38—27-05-2013— Copy

of

the

letters

submitted by the Selvamani

to the respondent.

Ex.P39—24-08-2013— Copy of the suspension

pending enquiry order

issued by the respondent

management to Selvamani.

Ex.P40—27-08-2013— Copy

of

reply

letter

submitted by Selvamani.

Ex.P41—26-08-2013— Copy of notice sent by

the respondent management

to Selvamani.

Ex.P42—28-08-2013— C o p y

o f

e n q u i r y

proceedings.

Ex.P43—07-09-2013— C o p y

o f

e n q u i r y

proceedings.

Ex.P44—07-09-2013— Copy of letter submitted

by the Selvamani to the

Enquiry Officer seeking

permission for Assistance.

Ex.P45—14-09-2013— C o p y

o f

e n q u i r y

proceedings.

Ex.P46—14-09-2013— Copy of written statement

filed by Selvamani to the

Enquiry Officer.

143

30 January 2018]

LA GAZETTE DE L’ETAT

Ex.P47—21-09-2013— C o p y

o f

e n q u i r y

proceedings.

Ex.P48—21-09-2013— Copy of objection letter

submitted by Selvamanai

before the Enquiry Officer

for biased enquiry.

Ex.P49—21-09-2013— Copy of objection letter

submitted by Selvamani

before

the

respondent

m a n a g e m e n t

f o r

requesting to change the

Enquiry Officer.

Ex.P50—01-10-2013— Copy of summon sent by

the Enquiry Officer to

Selvamani.

Ex.P51—05-10-2013— Copy of reply letter sent

by

Selvamani

to

the

Enquiry Officer for non

appearance of the enquiry.

Ex.P52—22-02-2014— Copy of enquiry report.

Ex.P53—05-09-2014— Copy of the letter sent by

Selvamani to the respondent

management for requesting

job.

Ex.P54—05-03-2015— Copy of second show

cause notice issued by the

respondent to Selvamani.

Ex.P55—10-03-2015— Copy of the reply for the

second show cause notice

submitted by Selvamani

to the respondent.

Ex.P56—01-04-2015— Copy of dismissal order

issued to Selvamani with

one month salary for a

sum of ` 5,500 under the

cheque No. 103749 of

I C I I C B a n k , d a t e d

01-04-2015.

Ex.P57—15-04-2015— Copy of the letter sent by

Selvamani to the respondent

management for requesting

job.

Ex.P58—27-07-2013— Copy

of

show

cause

notice

issued

by

the

respondent to Nagamuthu.

Ex.P59—29-07-2013— Copy of reply for show

cause notice.

Ex.P60—03-08-2013— C o p y o f t e m p o r a r y

suspension order issued by

the respondent management

to Nagamuthu.

Ex.P61—12-08-2013— Copy of suspension pending

enquiry order issued by the

respondent management

to Nagamuthu.

Ex.P62—12-08-2013— Copy

of

reply

for

suspension letter.

Ex.P63—19-08-2013— Copy of statement sent

by the Nagamuthu to the

respondent.

Ex.P64—26-08-2013— Copy

of

show

cause

notice

issued

to

Nagamuthu

by

the

respondent management.

Ex.P65—28-08-2013— Copy of summon sent by

the Enquiry Officer to

Nagamuthu.

Ex.P66—02-09-2013— C o p y

o f

e n q u i r y

proceedings.

Ex.P67—07-09-2013— C o p y

o f

e n q u i r y

proceedings.

Ex.P68—07-09-2013— Copy of letter submitted

by Nagamuthu to the

Enquiry Officer seeking

permission

for

Assistance.

Ex.P69—14-09-2013— C o p y

o f

e n q u i r y

proceedings.

Ex.P70—14-09-2013— Copy of written statement

filed by the Nagamuthu

before the Enquiry Officer.

Ex.P71—14-09-2013— Copy of objection letter

submitted by the Nagamuthu

before

the

Enquiry

Officer for biased enquiry.

Ex.P72—21-09-2013— C o p y

o f

e n q u i r y

proceedings.

Ex.P73—21-09-2013— Copy of objection letter

submitted by Nagamuthu

before

the

Enquiry

Officer for biased enquiry.

Ex.P74—21-09-2013— Copy of objection letter

submitted by Nagamuthu

before

the

respondent

m a n a g e m e n t

f o r

requesting to change the

Enquiry Officer.

Ex.P75—01-10-2013— Copy of summon sent by

the Enquiry

Officer to

Nagamuthu.

144

LA GAZETTE DE L’ETAT

[30 January 2018

Ex.P76—05-10-2013— Copy of reply letter sent

by the Nagamuthu to the

Enquiry Officer for non

appearance of the enquiry.

Ex.P77—22-02-2014— Copy of the enquiry report.

Ex.P78—05-09-2014— Copy

of

the

dispute

raised

by

Nagamuthu

before the Labour Officer

for subsistence allowance.

Ex.P79—05-03-2015— Copy

of

show

cause

notice sent to Nagamuthu

b y

t h e

r e s p o n d e n t

management,

Ex.P80—09-03-2015— Copy of reply letter for

second show cause notice.

Ex.P81—01-04-2015— Copy of dismissal order

issued to Nagamuthu with

one month salary for a sum

of ` 7,600 under the cheque

No. 103751 of ICICI

Bank, dated 01-04-2015.

Ex.P82—15-04-2015— Copy of letter sent by

N a g a m u t h u

t o

t h e

respondent management

for requesting job.

Ex.P83—28-08-2013— Copy

of

show

cause

notice

sent

to

Anton

Sagayaraj by the respondent

management.

Ex.P84—29-08-2013— Copy of the reply letter

sent by Anton Sagayaraj to

respondent management.

Ex.P85—29-08-2013— Copy

of

show

cause

notice

sent

by

the

respondent management

to Anton Sagayaraj.

Ex.P86—30-08-2013— Copy of reply letter sent

by Anton Sagayaraj to

respondent management.

Ex.P87—30-08-2013— Copy of suspension pending

enquiry order issued by the

respondent management

to Anton Sagayaraj.

Ex.P88—31-08-2013— Copy of reply letter sent

by Anton Sagayaraj to

respondent management.

Ex.P89—02-09-2013— Copy of notice sent to

Anton Sagayaraj.

Ex.P90—07-09-2013— Copy of letter sent by

Anton Sagayaraj to the

Enquiry Officer.

Ex.P91—07-09-2013— C o p y o f t h e e n q u i r y

proceedings.

Ex.P92—14-09-2013— C o p y o f t h e e n q u i r y

proceedings.

Ex.P93—21-09-2013— C o p y o f t h e e n q u i r y

proceedings.

Ex.P94—21-09-2013— Copy of objection letter

submitted

by

Anton

Sagayaraj

before

the

respondent management

for requesting to change

the Enquiry Officer.

Ex.P95—01-10-2013— Copy of summon sent to

Anton Sagayaraj by the

Enquiry Officer.

Ex.P96—04-10-2013— Copy of letter sent by

Anton Sagayaraj to the

Enquiry Officer.

Ex.P97—11-04-2013— Copy

of

the

enquiry

report.

Ex.P98—05-09-2014— Copy

of

the

dispute

raised by Anton Sagayaraj

before

the

Labour

Officer, Conciliation.

Ex.P99—05-03-2015— Copy of second show

cause

notice

sent

to

Anton

Sagayaraj by the

respondent management.

Ex.P100—09-03-2015— Copy of reply letter for

second show cause notice.

Ex.P101—01-04-2015— Copy of dismissal order

issued to Anton Sagayaraj

with one month salary for

a sum of ` 6,900 under the

cheque No. 103750 of ICICI

Bank, dated 01-04-2015.

Ex.P102—16-04-2015— Copy of request letter

sent by Anton Sagayaraj to

the respondent management

for requesting job.

List of respondent’s witnesses: Nil

List of respondent’s exhibits : Nil

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.