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Sentence arbitral du travail

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Award of the Labour Court

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Notifications du Gouvernement .. 293

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Avis d’Adjudications

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Tender notices

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Etablissements dangereux

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Dangerous Establishments

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.. 310

Annonces

.. 310

Announcements

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27 {

No.

9

Poudouchéry

Mardi

27

Février

2018 (8 Phalguna 1939)

No.

Puducherry

Tuesday

27th

February

2018

282

LA GAZETTE DE L’ETAT

[27 February 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 199/Lab./AIL/T/2017,

Puducherry, dated 29th December 2017)

NOTIFICATION

Whereas, an award in I.D (L) No. 09/2014,

dated 16-11-2017 of the Labour Court, Puducherry in

respect of the Industrial Dispute between the management

of M/s. Hindustan Unilever limited, NH 45A, Personal

Products Factory, Vadamangalam, Puducherry-605 102

and Thiru S. Sivaprakash, S/o. V. Swamydoss, No. 55,

Salai Street, Uzhavarkarai, Reddiyarpalayam Post,

Puducherry-605 010, over non-employment has been

received;

Now, therefore, in exercise of the powers conferred

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

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

with the Notification issued in Labour Department’s

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

hereby directed by the Secretary to Government

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

Official Gazette, Puducherry.

(By order)

E. VALLAVAN,

Commissioner of Labour-cum-

Additional Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL -CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Thursday, the 16th day of November 2017.

I.D. (L) No. 09/2014

S. Sivaprakash,

S/o. V. Swamydoss,

No. 55, Salai Street,

Uzhavarkarai,

Reddiyarpalayam Post,

Puducherry-605 010.

. .Petitioner/

Workman.

Versus

The Managing Director,

M/s, Hindustan Unilever Limited,

NH 45A , Personal Products Factory,

Vadamangalam, Puducherry-605 102. . .Respondent/

Management.

This industrial dispute coming on 02-11-2017

before me for final hearing in the presence of

Thiruvalargal P. R. Thiruneelakandan and A. Mithun

Chakkaravarthy, Advocates

for

the petitioner,

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

V. Veeraragavan and P. Rajesh, Advocates for the

respondent, upon hearing both sides, upon perusing the

case records, after having stood over for consideration

till this day, this Court passed the following:

AWARD

1. This Industrial Dispute has been referred by the

Government as per the G. O. Rt. No. l5/AIL/Lab./J/2014,

dated 07-02-2014 for adjudicating the fallowing:

(i) Whether the dispute raised by Thiru S. Sivaprakash

over his non-employment against the management

of M/s. Hindustan Unilever Limited, Personal Products

Factory, NH 45A, Vadamangalam, Puducherry is

justified? If not justified, what relief he is entitled to?

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

terms of money if, it can be so computed?

2. The averments in the claim statement filed under

section 2(A) of the Industrial Disputes Act. 1947 by

the petitioner, in brief, are as follows:

(i) It is stated that the petitioner was appointed

as an operator on 26-07-2012 in the respondent

factory and his service was confirmed on 29-10-2002

and ever since he discharged his duty sincerely.

He is a member of the Pond’s (India) Limited Soap

Division Employees Welfare Union. The Union has

raised charter of demands regarding wages and

allowances against the management in the year

2009. The management has refused to consider the

charter of demands whereas, entered an 18(1)

settlement by threatening the employees to sign the

settlement. Except the Office Bearer of the said

trade union and few other active members of the

union including the petitioner all other worker were

signed the said 18(1) settlement. Hence, the

respondent targeted the petitioner and other workers

who were not signed the said settlement and they

were issued with show cause notice, charge-sheet

for frivolous false allegations and after the said 18(1)

settlement, the workers namely, Gopalakrishnan,

Jaganathan and Devanathan who were not signed the

18(1) settlement were issued show cause notice,

charge-memo to victimise them for not signing in

the 18(1) settlement and in sequence of which the

respondent threatened the petitioner to sign in the

18(1) settlement. Since, he was an active member of

283

27 February 2018]

LA GAZETTE DE L’ETAT

the said trade union he did not pay any heed to the

threat of the respondent. In that regard he also wrote

a letter to the said trade union. While being so, the

management issued a charge-sheet to the petitioner

on 02-07-2011 alleging that on 24-06-2011 while

the petitioner was working in the ‘A’ shift around

08.30 a.m., he had misbehaved with a woman worker

who worked in the Talcum Section. Based on said

allegation he was placed under suspension from

02-07-2011 in the said charge-sheet and in the order

of suspension the respondent had not disclosed the

fact that against whom the petitioner had

misbehaved, further, there was no detail about the

person who allegedly gave the complaint against the

petitioner.

It is further stated that in response to the said

charge-sheet the petitioner gave reply to the

management. The management without hearing the

versions of the petitioner and without passing any order

directly appointed one Ms.Thilagavathy, Advocate as

Enquiry Officer and commenced the domestic enquiry

on 26-07-2011. The petitioner knew about the

domestic enquiry only after receiving notice from the

Enquiry Officer. In the domestic enquiry the

management representative one Vidhya Venkatram

appeared and stated that the petitioner misbehaved with

a woman worker namely, Vishalakshi. The petitioner

made a written objection to the Enquiry Officer

requesting him to furnish the name of the complainant

and copy of other details. Thereafter, the petitioner has

issued a legal notice, dated 16-08.2011 to the said

Vishalakshi through registered post. In response to the

same, she sent a reply, dated 24-08-2011 to the

petitioner and as well as to the management stating

that she has not made any complaint against the

petitioner and no such incident was taken place as

stated in the legal notice. In the enquiry on 28-07-2011

the management representative has filed certain

documents in English before the Enquiry Officer.

Since the petitioner is unacquainted with the English

requested the Enquiry Officer and the respondent

management to furnish the Tamil translation of the

documents whereas, the management has refused to

give translated copy and also denied opportunity to the

petitioner to defend the charge levelled against him.

The respondent management and the Enquiry Officer

conducted the enquiry in a biased manner.

It is further stated that on 05-11-2009, the petitioner

produced a copy of the reply letter of woman worker

Vishalakshi and made a objection to drop the enquiry

against her as the charge itself is false and baseless.

The Enquiry Officer without considering his objection

conducted enquiry and has failed to examine the

complainant Vishalakshi, Karuna jyothi who had

allegedly given complaint against the petitioner and

other persons namely, Dhansu and B. Baskaran to whom

the complaint was given. The disciplinary action was

initiated against the petitioner on the basis of the

complaint allegedly given by Vishalakshi and the

preliminary enquiry report submitted by Nabixa begam.

The petitioner was neither served the copy of the

complaint and preliminary enquiry report before

appointing the Enquiry Officer and commencing regular

domestic enquiry against the petitioner. The Enquiry

Officer without examining the real witness and without

considering the letter of said Vishalakshi submitted

his report dated 29-09-2011 stating that charges

against the petitioner are proved. The petitioner has

submitted his objection vide letter on 17-10-2011

against the enquiry report as the enquiry was not fair

and proper and Enquiry Officer acted in a biased

manner. In response to the petitioner's objections the

management ordered a fresh enquiry vide order dated

07-05-2012 but conducted enquiry with the same

Enquiry Officer and that the petitioner objected to the

same and requested to change the Enquiry Officer. The

respondent management has refused the petitioner’s

objection and terminated him from service vide order,

dated 04-05-2013 against which the petitioner raised

a dispute before the Conciliation Officer on 13-05-2013

but, the same was ended in failure and therefore, he

prayed this Court to pass an Award holding that the

termination of service of the petitioner, dated

04-05-2013 is illegal, consequently direct the

respondent to reinstate him in service with effect from

04-05-2013 as a workman in the respondent's factory

with continuity of service, back wages and all other

attendant benefits.

3. The brief averments in the counter filed by the

respondent are as follows:

(i) The respondent denied all the averments of the

claim petition and stated that one Visalatchi (then

unmarried) D/o. Kanthasamy, worked as a casual

employee

in

the

respondent’s

organisation.

Similarly, one Karunajothi, W/o. Sanjeev was also

a casual worker in respondent’s organisation. By

circular No. 4924/94/Lab./AIL/L., dated 21-07-2000

issued by Labour Commissioner, Puducherry, the

respondent was directed to incorporate specific

clause in its certified standing orders regarding

prevention of sexual harassment in work place, which

was promptly complied with by respondent after

284

LA GAZETTE DE L’ETAT

[27 February 2018

giving due notice to all the workers and trade

unions. A duty is cast on the respondent to prevent

or deter commission of acts of sexual harassments

and such complaints are required to be kept

confidential to prevent threats and harassments to

victims. Respondent vide its notice dated 29-03-2008

had informed all its workers that a complaint

regarding sexual harassment can be lodged either

orally or in writing with Nafeesa Begam. On 24-06-2011,

one Chidambaram (Emp. No. 000335112) lodged a

written complaint with respondent stating that

petitioner had been sexually harassing Visalatchi and

Karunajothi in talc plant during working hours,

which was intimated to him by one K. Danasu who

was also in A-shift along with the victims and

petitioner. It was also informed that victims are

extremely scared to report this incident to

management. Based on the complaint, preliminary

enquiry was conducted by Nafeesa Begam, who had

personally enquired the victims Visalatchi and

Karunajothi on 29-06-2011 and 30-06-2011. She

had also enquired the Shift Officer Mr. Chidambaram

who lodged the complaint. In the preliminary report

she had given the detailed account of how Visalatchi

and Karunajothi were sexually harassed by petitioner.

She had also enclosed written statements given by

victims. The hand written letter given by Visalatchi and

Karunajothi give specific details of the nature of

harassments done by petitioner.

Significantly, both Visalatchi and Karunajothi stopped

reporting to work from 30-06-2011 and 01-07-2011

respectively. The preliminary report of Nafeesa

Begam, who had personally examined the victims,

revealed that she had noticed the demeanor of both

victims and found truth and honestly in their

statements. Based on the preliminary enquiry of

Nafeesa Begam a charge-sheet was issued to petitioner

on 02-07-2011 in Tamil and English, informing him

about sexual harassment complaint. In the said

charge-sheet, the date and time of incident was

reported. The possibility of unwanted publicity of

sexual harassment through the contents of charge-sheet

was imminent which would have seriously prejudiced

the victims. Therefore, the names and specific nature

of harassment was not mentioned in charge-sheet,

which was justified in the given nature of case to

protect dignity and secrecy of victims. The petitioner

is not at all prejudiced by non-disclosure of these

particulars in charge-sheet, dated 02-07-2011.

In response to the charge-sheet, dated 02-07-2011,

petitioner gave reply, dated 09-07-2011 which was

unsatisfactory and hence, an independent lady Enquiry

Officer was appointed by respondent, who had issued

a notice of enquiry to parties fixing the date of enquiry

on 26-07-2011. Considering the sensitivity of matter

a Lady Officer by Vidya Venkatraman was appointed

as Presenting officer on behalf of the management. On

26-07-2011, petitioner appeared and attended Enquiry,

signed enquiry proceedings and also gave a letter

choosing P. Ethiraj as defence, assistant, which was

permitted by the Enquiry Officer. He had also

submitted another letter asking for various particulars

regarding the complaint, which were furnished to him

in the next date of enquiry on 28-07-2011. The Enquiry

Officer gave maximum opportunities to the petitioner

to cross examine management witness, file his

documents, submit list of witnesses, and file his

version in his defence, which were not utilised by

petitioner. He tried to delay the proceedings on some

count or the other.

On 05-09-2011, petitioner produced certain

documents and on the basis of those documents

refused to participate further in enquiry proceedings

and requested to close the proceedings. The Enquiry

Officer received all the documents filed by petitioner

and marked them as his exhibits. The Enquiry Officer

thereafter requested the petitioner and his defence

assistant to cross examine management witness but, the

petitioner refused to do so or to let in his evidence

or participate any further in the enquiry, compelling

the Enquiry Officer to close the enquiry proceedings.

Enquiry Officer submitted her report on 29-09-2011

holding the petitioner guilty of misconduct leveled

against him. The said enquiry report was given to

petitioner on 30-09-2011 which was received by him

and reply was given by him on 17-10-2011, wherein,

he claimed that he was not given sufficient opportunity

to defend himself in the enquiry. Inspite of the fact that

full opportunity was given to him, which was

deliberately misused by him, the respondent thought

it appropriate to give yet another opportunity to petitioner

to defend himself and therefore, vide letter, dated

07-05-2012 the respondent requested the Enquiry

Officer to reopen the enquiry. Accordingly, the Enquiry

Officer gave a letter, dated 04-06-2012 fixing the date

of further enquiry on 09-06-2012. On 09-06-2012, the

petitionera and his defence assistant did not participate

and hence, the enquiry was postponed to 19-06-2012

and intimation to that effect was immediately given to

petitioner. However, on 12-06-2012 the respondent

received a letter from petitioner dated 09-06-2012

claiming that he has no faith in Enquiry Officer and

requested the management to pass appropriate orders

based on the earlier report on the Enquiry Officer.

On 19-06-2012, the petitioner did not participate in

the enquiry but, Enquiry Officer once again adjourned

285

27 February 2018]

LA GAZETTE DE L’ETAT

the enquiry to 26-06-2012. Petitioner once again

wrote a letter dated 19-06-2012 reiterating that he is

not interested in proceedings further in the enquiry.

Therefore, on 26-06-2012 the Enquiry Officer had no

other option but, to close the enquiry and submit her

2nd report on 10-04-2013 confirming that charges,

dated 02-07-2011 stood proved against petitioner. Yet

again, the additional enquiry report dated 10-04-2013

was given to the petitioner on 19-04-2013 and his

explanation was called for but petitioner did not

respond to said letter and therefore, taking all the

factors into consideration and gravity of misconduct,

the respondent terminated the petitioner from services.

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

petitioner WW1 was examined and Ex.Wl to Ex.W32

were marked and on the side of the respondent RW1

was examined and Ex.Rl to Ex.R21 were marked.

5. The point for consideration is:

Whether the dispute raised by the petitioner over

his

non-employment

against

the

respondent

management is justified or not and what is the relief

entitled to the petitioner?

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

parties, the evidence let in by either sides and the

exhibits marked on both sides are carefully considered.

On the side of the respondent written argument was

filed and the same is carefully considered. The learned

Counsel appearing for the respondent relied upon the

Judgments reported in CDJ 2011 SC 366, CDJ 2006

SC 542, CDJ 2006 SC 430, CDJ 2005 SC 120, 2004

STPL (LE) 34188 SC, CDJ 1999 SC 36, CDJ 1996 SC

1732, CDJ 1991 SC 710, CDJ 1977 SC 184, CDJ

1975 SC 212, CDJ 1973 SC 302, CDJ 2011 MHC

3119, CDJ 2004 MHC 134 :[2004 II LLJ 207 Mad],

CDJ 2007 MHC 3824, CDJ 2006 MHC 471, CDJ

1980 MHC 165, CDJ 2015 DHC 153, CDJ 2006 PH

1946, CDJ 2006 DHC 2099, CDJ 1997 BHC 1242

[1998 (4) Bom. CLR 57], CDJ 1984 BHC 022 & In

Ram Autar Agnihotri

Vs. U.P. State Handloom

Corporation Reported in Indiankanoon the Division

bench of Allahabad High Court. In this case, though the

petitioner has challenged the fairness of domestic

enquiry in his claim statement which was denied by the

respondent in their counter, the then Presiding Officer

of this Court by over sight without deciding the

preliminary issue regarding fairness of the domestic

enquiry conducted the trial by taking evidence. After

taking all the evidence and after hearing part of the

argument in this main case, the learned Counsel for the

petitioner filed a petition to decide the issue regarding

the fairness of the domestic enquiry as a preliminary

issue. Since, the case is riped for argument after taking

all evidence, the parties are directed to putforth their

arguments in main case and after hearing both sides

the case has been posted for orders.

7. In order to prove the case, the petitioner was

examined himself as WW1 and he has deposed that he

had joined in the respondent establishment as operator

on 26-07-2002 and that on the same year after

completing the training his service was regularised on

29-10-2002 as permanent worker and that he had been

in service for about 9 years and that the union in which

the petitioner was the member has raised the demand

before the respondent establishment for revision of

wages and other allowances and that therefore, the

management has threatened the workers and compelled

them to execute the 18(1) settlement between them

and most of the workers were signed the 18(1)

settlement on the compulsion of the respondent

establishment and that the respondent management

also has made an attempt to capture the trade union

with the help of some of the workers who supporting

the management and the respondent management

had taken action against the union members and the

workers who have not accepted 18(1) settlement and

that the petitioner and the office bearers of the union

were threatened by the respondent management as they

have not accepted and entered the 18(1) settlement and

that the petitioner was given charge-sheet on 02-07-2011

alleging that on 24-06-2011 while the petitioner was

working in the ‘A’ shift at about 08.30 a.m., he had

misbehaved with women worker who worked in the

Talcum Section and immediately the petitioner was

suspended from service on 02-07-2011 and even the

charge-sheet does not disclose the name of the women

worker to whom the petitioner has misbehaved and who

has made complaint against the petitioner for which the

petitioner has replied on 09-07-2011 and without

considering the reply of the petitioner and did not

go through the explanation, the respondent management

has directly appointed one Ms. Thilagavathy, Advocate

as Enquiry Officer and commenced the domestic

enquiry on 26-07-2011 and that the appointment of the

Enquiry Officer was not informed to him and that he

has received enquiry notice from the Enquiry Officer

and one Ms. Vidhya Venkatram was appointed as

Presenting Officer who has stated that the petitioner

misbehaved with the woman worker namely,

Vishalakshi and that he made a written objection to the

Enquiry Officer requesting him to furnish the name of

the complainant and copy of other details,

286

LA GAZETTE DE L’ETAT

[27 February 2018

8. It is the further evidence of WW1 that thereafter,

he had issued a legal notice dated 16-08-2011 to the

said Vishalakshi through registered post and after

receipt of the said notice, the said Vishalakshi has sent

a reply, dated 24-08-2011 to the petitioner and as well

as to the management stating that she has not made any

complaint against the petitioner and no such incident

was happened and that in the enquiry on 28-07-2011

the management representative has filed certain

documents in English before the Enquiry Officer and

since the petitioner is unacquainted with the English

requested the Enquiry Officer and the respondent

management to furnish the Tamil translation of the

documents whereas the management has refused to

give translated copy and also denied opportunity to the

petitioner to defend the charge levelled against him and

that the Enquiry Officer has conducted the enquiry in

a biased manner and on 05-11-2009 the petitioner has

produced the copy of the reply letter of women worker

Vishalakshi and made a objection to drop the enquiry

against him as the charge itself is false and baseless

and without considering the objection of the

petitioner, the Enquiry Officer conducted enquiry

and has failed to examine the complainant Vishalakshi,

Karuna Jyothi who had allegedly given complaint

against the petitioner and other persons namely,

Dhanusu and B. Baskaran to whom the complaint was

given and that disciplinary action was initiated against

the petitioner on the basis of complaint allegedly

given by Vishalakshi and the preliminary enquiry report

submitted by Nafeesa Begam which was not served

to the petitioner and the served copy of the complaint

and preliminary enquiry report before appointing the

Enquiry Officer and commencing regular domestic

enquiry against the petitioner and that the Enquiry

Officer without examining the real witness and without

considering the letter of said Vishalakshi stating that

charges against the petitioner are proved for which the

petitioner has submitted his objection on 17-10-2011

against the enquiry report as the enquiry was not fair

and proper and Enquiry Officer acted in biased manner

and that in response to the petitioner’s objection, the

management has ordered fresh enquiry on 07-05-2012

and the same Enquiry Officer was permitted to

continue the same though the petitioner objected to the

same and that the respondent management has refused

employment to the petitioner on 04-05-2013 against

which the petitioner has raised industrial dispute

before the Conciliation Officer on 13-05-2013 which

was failed and reference has been sent to this Court and

that therefore, the petitioner prayed to declare that the

order of termination of service of the petitioner, dated

04-05-2013 as illegal, consequently direct the

respondent to reinstate him in service with effect from

04-05-2013 as a workman in the respondent's factory

with continuity of service, back wages and all other

attendant benefits.

9. In support of his contention, the petitioner has

exhibited Ex.Wl to Ex.W32. Ex.Wl is the copy of the

offer of employment & Probation of the petitioner,

dated 26-06-2002. Ex.W2 is the copy of the

confirmation order of the petitioner, dated 29-10-2002

which would disclose the fact that petitioner was

placed in the category of Monthly rated workman from

01-10-2002. Ex.W3 is the copy of the respondent

letter to the Commissioner and the copy of the

relevant portion of standing order regarding prevention

of sexual harassment of women in work place, dated

24-05-2001. Ex.W4 is the copy of charge-sheet

issued to the petitioner, dated 02-07-2011 which

would reveal the fact that respondent establishment has

served a charge-sheet to the petitioner stating that on

24-06-2011 the petitioner misbehaved and sexually

harassed the women employees at about 08.30 a.m.,

and it is also stated that he has made unwelcome sexual

determined behavior with the said female employees

even in the previous two days and the said Ex.W4

would also reveal the fact that as pointed out by the

petitioner the name of the women workers to

whom the petitioner has misbehaved has not been

stated and it is stated silently that petitioner has

misbehaved with the female employees and the

management has also suspended the petitioner on the

same day directing him to give an explanation within

3 days and further, it is learnt from Ex.W4 that though

the occurrence has taken place on 24-06-2011, the

management has not taken any action even issuing a

memo to the petitioner till 02-07-2011 and no

complaint was made against him before any Police and

they have served the charge sheet only after 9 days of

the alleged misbehavior though the alleged charge is

grave in nature. Ex.W5 is the copy of the explanation

given by the petitioner to the charge-sheet, dated

09-07-2011, wherein, the petitioner has denied the

entire charges and asking the management to furnish

the name of the complainants since, the charge-sheet

does not disclose the name of the women employees

who has made complaint against him and has stated

charge-sheet would have been filed only after

conducting preliminary enquiry and confirmed the

complaint given against him.

10. Further, Ex.W6 is the copy of the petitioner’s

representation to the respondent to engage his

co-worker to assist him in enquiry, dated 15-07-2011.

Ex.W7 is the copy of the minutes of enquiry

proceedings, dated 25-07-2011. Ex.W8 is the copy of

the petitioner’s objection over domestic enquiry, dated

26-07-2011. Ex.W9 is the copy of the minutes of

enquiry proceedings, dated 28-07-2011. Ex.W10 is

287

27 February 2018]

LA GAZETTE DE L’ETAT

the copy of the petitioner’s legal notice to K, Vishalakshi

and its courier receipt, dated 16-08-2011. Ex.W11 is

the copy of the minutes of enquiry proceedings, dated

18-08-2011. Ex.W12 is the copy of the letter of

K. Vishalakshi and its postal cover, dated 24-08-2011.

These documents would reveal the fact that in the

enquiry, the petitioner has made a representation to the

respondent permitting him to engage his co-worker

to assist in the enquiry on 15-07-2011 and has

objected for the domestic enquiry on 26-07-2011 and

it is also learnt from Ex.W10 and Ex.Wll that petitioner

has sent a legal notice to Visalatchi on 16-08-2011

and the said Visalatchi has been receiving the notice

and sent a reply on 24-08-2011 stating that it is not true

that she has made complaint against the petitioner and

that she has not made any complaint to the respondent

management or to the anybody else and that petitioner

has behaved with her only as a brother and as a

co-worker and he has not committed any misbehavior

as alleged by the respondent and it is also informed

by Visalatchi to the respondent through Factory

Manager that she has not made any complaint against

petitioner and particularly asking the management

that not to utilise such poor female worker to take

any revenge against the petitioner.

11. Further, Ex.Wl3 is the copy of the minutes

of the enquiry proceedings, dated 27-08-2011.

Ex.W14 is the copy of the petitioner's objection

letter,

dated 05-09-2011. Ex.Wl5 is the copy of the

petitioner’s objection letter to enquiry, dated 05-09-2011.

Ex.W16 is the copy of the minutes of enquiry

proceedings, dated 05-09-2011. Ex.Wl7 is the copy

of the enquiry report, dated 29-09-2011. Ex.Wl8 is

the copy of the show cause notice issued to the

petitioner by the respondent, dated 30-09-2011.

Ex.Wl9 is the copy of the petitioner's explanation to

enquiry report, dated 17-10-2011. Ex.W20 is the copy

of the petitioner’s letter to respondent, dated 17-10-2011.

Ex.W21 is the copy of the respondent order to

conduct fresh enquiry, dated 07-05-2012. Ex.W22 is

the copy of the Enquiry Officer notice, dated 04-06-2012.

Ex.W23 is the copy of the minutes of enquiry

proceedings, dated 09-06-2012. Ex.W24 is the copy

of the petitioner’s objection to Enquiry Officer and its

courier receipt, dated 09-06-2012. Ex.W25 is the copy

of the minutes of enquiry proceedings, dated 19-06-2012.

Ex.W26 is the copy of the petitioner’s representation

to respondent and its courier receipt, dated 26-06-2012.

Ex.W27 is the copy of the respondent show cause

notice to the petitioner, dated 19-04-2013. Ex.W28 is

the copy of the second enquiry report, dated 10-04-2013.

Ex.W29 is the copy of the petitioner’s termination

order, dated 04-05-2013. Ex.W30 is the copy of the

claim statement filed by the petitioner before the

Conciliation Officer, dated 13-05-2013, Ex.W31 is the

copy of the counter filed by the respondent, dated 15-

07-2013. Ex.W32 is the copy of the conciliation

failure report, dated 27-09-2013. These documents

would reveal the fact that Enquiry Officer has

submitted a report on 29-09-2011 and show cause

notice was issued on 30-09-2011 for which the

petitioner has given explanation on 17-10-2011 for

which the respondent management has passed an order

to conduct fresh enquiry on 07-05-2012 i.e. after

more than 6 months and thereafter, the notice was sent

to the petitioner on 04-06-2012 and enquiry was

conducted on 09-06-2012 and petitioner has objected

and sent an objection to the Enquiry Officer on 09-06-2012

and petitioner also has made a representation to the

respondent management on 26-06-2012 and second

enquiry report was submitted by the Enquiry Officer

on 10-04-2013 and thereafter, second show cause

notice was issued to the petitioner on 19-04-2013 and

the petitioner was terminated from service by passing

an order on 04-05-2013 by the respondent management

and thereafter, the petitioner has raised the industrial

dispute before the Conciliation Officer wherein, the

respondent management has filed a counter on 15-07-2013

and Cconciliation Officer has sent a conciliation

failure report to the Government on 27-09-2013 .

12. On the other hand, the H.R. Manager of the

respondent establishment was examined as RW1 and

she has denied all the averments in the claim statement

in his evidence and she has deposed that as per the

circular on 21-07-2000, the Labour Commissioner of

Puducherry has directed to incorporate specific clause

in the standing orders regarding prevention of sexual

harassment in work place and the same was complied

by the company after giving due notice to all the

workers and the trade unions and that duty is cast upon

them to prevent or deter commission of acts or even

an attempt to commit any act of sexual harassment

against women workers and it is also published in the

notice-board on 29-03-2008 and it is also informed

to all the workers that a complaint regarding sexual

harassment can be lodged either orally or in writing

with Nafeesa Begam and it is the further evidence of

the RW1 that one Chidambaram one of the employee

lodged a written complaint with the management on

24-06-2011 stating that the petitioner had been

sexually harassing Visalatchi and Karunajothi in talc

plant during working hours and based on the complaint

288

LA GAZETTE DE L’ETAT

[27 February 2018

preliminary enquiry was conducted by Nafeesa Begam,

who had personally enquired the victims Visalatchi and

Karunajothi on 29-06-2011 and 30-06-2011, and also

enquired the complainant Chidambaran and submitted

the preliminary report that the victims Visalatchi and

Karunajothi were sexually harassed by the petitioner

and the written letters given by Visalatchi and

Karunajothi gives specific details of the nature of

harassment done by the petitioner and that both

Visalatchi and Karunajothi has not attended duty from

30-06-2011 and 01-07-2011 onwards and the

preliminary enquiry report of the Nafeesa Begam who

has personally examined the victims revealed that she

had noticed the demeanour of both victims and found

truth and honesty in their statements and based on the

report the charge-sheet was issued to the petitioner on

02-07-2011 in Tamil and English informing him about

the sexual harassment complaint and possibility of

unwanted publicity of sexual harassment through the

contents of charge-sheet the names of the victims and

specific nature of harassment was not mentioned in the

charge-sheet and charge-sheet was issued to the

petitioner on 02-07-2011 for which the petitioner has

submitted a reply on 09-07-2011 which was not

satisfactory and hence, an independent lady Enquiry

Officer was appointed by the company who issued

notice to the parties fixing the date of enquiry on

26-07-2011 and lady Manager by name Ms. Vidya

Venkatraman was appointed as Presenting Officer on

behalf of the management and petitioner also made

requests choosing one Ethiraj as defence assistant

which was permitted by the Enquiry Officer and

Enquiry Officer has given maximum opportunities to

the petitioner to cross examine the management

witness and to file the documents and list of witnesses

and file his version in his defence which were not

utilised by the petitioner and he tried to delay the

proceedings on some count or the other and on 05-09-2011

the petitioner has produced certain documents and on

the basis of documents, the petitioner refused to

participate further in enquiry proceedings and

requested to close the proceedings and that Enquiry

Officer received all the documents filed by the

petitioner and marked them as exhibits and thereafter,

the Enquiry Officer requested the petitioner to cross

examine the management witness but, the same was

refused by the petitioner and to participate further in

the enquiry and that therefore, the Enquiry Officer has

closed the enquiry proceedings and submitted the

report on 29-09-2011.

13. In support of their case, the respondent

management has exhibited Ex.Rl to Ex.R21. Ex.Rl is

the copy of the letter, dated 24-05-2001, extract of

certified standing orders of respondent company

incorporation

clause on

Prevention of

sexual

harassment of Women in workplace as per the circular

No.4924/94/LAB/AIL/L, dated 21-07-2000. Ex.R2 is

the copy of the charge-sheet issued by respondent

petitioner and its Tamil translation, dated 02-07-2011.

Ex.R3 is the copy of the explanation letter for charge-

sheet, dated 02-07-2011 given by the petitioner to the

respondent, dated 09-07-2011. Ex.R4 is the copy of

the intimation letter sent by the Enquiry Officer to

petitioner intimating time and place of enquiry

proceedings, dated 15-07-2011. Ex.R5 is the copy of

the letter, dated 26-07-2011, given by petitioner to

Enquiry Officer seeking Mr. Yathiraj as defence

assistant for enquiry proceeding along with his

objection for charge-sheet dated 02-07-2011. Ex.R6

is the copy of the enquiry proceedings conducted by

the Enquiry Officer on various dates along with the

exhibits marked by the respondent and petitioner,

dated 26-07-2011, 28-07-2011, 18-08-2011, 27-08-2011,

05-09-2011. Ex.R7 is the copy of the enquiry report

along with covering letter sent by the respondent to the

petitioner, dated 30-09-2011. Ex.R8 is the copy of

the objection letter for enquiry report given by the

petitioner to the respondent, dated 17-10-2011. Ex.R9

is the copy of the letter sent by the respondent to

Enquiry Officer to reopen the enquiry proceedings,

dated 07-05-2012. Ex.R10 is the copy of the

intimation letter sent by the Enquiry Officer to

petitioner about reopening of enquiry proceedings,

dated 04-06-2012. Ex.R11 is the copy of the enquiry

proceedings conducted by the Enquiry Officer on

various dates along with explanation given by the

petitioner on 09-06-2012, 19-06-2012, 26-06-2012.

Ex.R12 is the copy of the show cause notice along with

enquiry report, dated 10-04-2013 sent to petitioner

and its AD card, dated 19-04-2013. Ex.R13 is the copy

of the dismissal order of the petitioner along with

postal track slip, dated 04-05-2013. Ex.R14 is the

copy of the letter of authorisation, dated 11-01-2016.

Ex.R15 is the copy of the advice letter for

unauthorised absenteeism of petitioner for 69 days in

2008, dated 28-01-2009. Ex.R16 is the copy of the

advice letter for unauthorised absenteeism of

petitioner for 29.5 days from January to June, 2009,

dated 19-08-2009. Ex.R17 is the copy of the document

showing counseling done by respondent to petitioner

for chronic absenteeism, dated 21-01-2010. Ex.R18 is

the copy of the warning letter issued by the respondent

to petitioner for his unauthorized absenteeism for

289

27 February 2018]

LA GAZETTE DE L’ETAT

63 days in 2009, dated 12-05-2010. Ex.Rl9 is the

copy of the shop-floor indiscipline counseling done by

the respondent to petitioner, dated 05-06-2010.

Ex.R20 is the copy of the punishment order 3 days

issued by the respondent to petitioner for his

unauthorised absenteeism for 59.5 days from 1st Jan

to 30th June, 2010, dated 13-12-2010. Ex.R21 is the

copy of the advice letter issued by the respondent to

petitioner for his unauthorised absenteeism for 61.5

days from Jan-June 2011, dated 01-08-2011.

14. From the above documents, the enquiry report

was exhibited as Ex.R7 would disclose the fact that in

the domestic enquiry the alleged victims Visalatchi and

Karunajothi have not been examined as witnesses and

they have not appeared before the Enquiry Officer and

they have not been summoned by the Enquiry Officer

and they did not say anything against the petitioner

while so, two witnesses have been examined, one is

Nafeesa Begam who alleged to have been enquired the

two victims and another is N.M. Chidhambaram who

has stated before the Enquiry Officer that one Dhanusu

has informed the above facts to him and he has made

a complaint before the management. The Evidence of

N.M. Chidhambaram before the Enquiry Officer

mentioned in the enquiry report runs as follows :











S.

TVV





















































































It is learnt from the above evidence that on the said

alleged date of occurrence on 24-06-2011, the

petitioner was working at machine section while the

said Dhanusu was working at Production Department

and that the complainant Chidhambaram was asked the

said Dhanusu that how the said occurrence was known

to said Dhanusu and that therefore, from the above

statement of Chidhambaram, it is clear that Dhanusu

is also not an occurrence witness and Chidhambaram

is also not an occurrence witness and further, it is

clear from the above evidence that Dhanusu and

Chidhambaram do not know about anything directly

regarding the occurrence and the said Dhanusu who

alleged to have hear the incident from the victims has

also not been examined before the Enquiry Officer.

Further, Chidhambaram who has heard the incident

from Dhanusu alone has examined as witness on the

side of the respondent in the domestic enquiry and

therefore, his evidence is not only hear-say evidence

but, also a third party evidence who heard the incident

from Dhanusu, the hear-say witness to the occurrence.

15. Admittedly, in this case the Enquiry Officer has

filed two enquiry reports one is exhibited as Ex.W17

and another is exhibited as Ex.W28. The first enquiry

report was submitted on 29-09-2011 and the second

enquiry report was submitted on 10-04-2013. On the

objection of the petitioner alone the second enquiry

was commenced even in the second enquiry, the

respondent management had not enquired anybody else.

It is alleged by the respondent establishment that they

have offered opportunities to the petitioner workman

to putforth his case. The second enquiry report would

reveal the fact that no witness was examined and no

further evidence was taken by the Enquiry Officer and

290

LA GAZETTE DE L’ETAT

[27 February 2018

the said second enquiry report does not say about the

fact that why victims have not been summoned by the

Enquiry Officer and why the respondent management

has not produced the victims as the witnesses before

the Enquiry Officer. Without the evidence of the

victims, the alleged sexual harassment cannot be

proved against the petitioner. Furthermore, the second

enquiry was conducted about an year after the

occurrence and furthermore, no explanation was putforth

by the respondent establishment that though the

alleged occurrence is taken place on 24-06-2011, why

no steps were taken either by the respondent

management or by the victims to make a complaint

before the Police and even no memo was issued to him

till 02-07-2011 that is after one week of the alleged

occurrence.

16. Furthermore, the occurrence witness who has

witnessed the occurrence also has not been examined

by the Enquiry Officer and the statement of Nafeesa

Begam is only hear-say evidence and her evidence is

not a direct one and she is not a witness to the

occurrence and that therefore, the findings of the

Enquiry Officer only of hear-say evidence of the

person and the person who conducted the preliminary

enquiry is not at all sufficient to hold that the charges

were proved since none of the witnesses are the

occurrence witnesses to say about the actual

occurrence. Further, the alleged victim Visalatchi had

denied the occurrence and had sent a letter to the

petitioner as well as to the respondent management

stating that no such occurrence was happened on the

said day and that therefore, the above facts would

create a doubt over the case of the respondent and as

such there is no prima facie case in the case of the

respondent that petitioner has committed sexual

harassment to the victims and it is an admitted fact that

between the respondent establishment and the workers

18(1) settlement was entered for wage revision and

office bearers of the union and some other workers

including the petitioner have not signed the said 18(1)

settlement and they have raised the industrial dispute

before the Conciliation Officer for wage revision and

as the petitioner is the active participant of the union

activities, the respondent management might have made

some false complaints or allegations to remove him

from service and further, in the domestic enquiry

though the petitioner has asked for Tamil version of

the documents which was refused by the Enquiry

Officer and the respondent establishment to furnish

the same and furthermore, the petitioner was not

furnished any preliminary report submitted by the

above said Nafeesa Begam to the management and the

same is not denied by the respondent management and

furthermore, no complaint or copy of other details has

been furnished to the petitioner before getting

explanation from the petitioner.

17. Furthermore, the Enquiry Officer does not

consider the objection of the petitioner that since, the

victim has given a letter alleging that no incident has

happened as alleged in the charge-sheet and to stop the

enquiry, has continued the enquiry and has conducted

the enquiry and submitted the report to the management

and even thereafter, when the enquiry was re-opened on

the objection of the petitioner, no witness was

examined and no person was enquired and no exhibits

were marked and without conducting the above, the

Enquiry Officer has submitted the second enquiry

report would go to show that Enquiry Officer has not

conducted the enquiry in a fair manner and violating

the principles of natural justice by without giving

sufficient opportunities to the petitioner and

furthermore, Ex.P3 charge-sheet would go to show that

the petitioner was suspended from service on the same

day on 02-07-2011. Though, the petitioner was

suspended from service he was not granted any

subsistence allowance for the suspension period and

the petitioner was compelled to face the enquiry even

without the subsistence allowance is also against the

principles of natural justice and that therefore, the

findings of the Enquiry Officer without giving

opportunity to the petitioner and without examining the

persons who witnessed the occurrence is totally

unsustainable and on the foot of the unsustainable

evidence, the Enquiry Officer has submitted the report

that the charges were proved and as such, the domestic

enquiry conducted by the respondent management

through the Enquiry Officer is not a valid one and the

order of termination issued by the respondent

management on the foot of the said enquiry report is

also unsustainable and illegal and that therefore, it can

be held that the industrial dispute raised by the

petitioner against the respondent management over his

non-employment is justified and as such the petitioner

is entitled for reinstatement as claimed by him.

18. As this Court has decided that industrial dispute

raised by the petitioner against the respondent over

non-employment is justified, it is to be decided

whether the petitioner is entitled for backwages as

claimed by him. There is no evidence that the said

workman is working so far in any other industry and

that there is no proof exhibited before this Court that

he is working anywhere else. The respondent has not

proved that the petitioner has earned income after his

291

27 February 2018]

LA GAZETTE DE L’ETAT

termination. However, the petitioner workman could

have served at anywhere else after his termination.

Considering the above circumstances, this Court

decides that the petitioner is entitled only for 30%

back wages with continuity of service and other

attendant benefits.

19. In the result, the petition is allowed by holding

that the industrial dispute raised by the petitioner

against the respo nd ent management over his

non-employment is justified by declaring the

termination of service of the petitioner from the

respondent establishment is illegal and Award is passed

directing the respondent management to reinstate the

petitioner in service within one month from the date

of this order and further directed the respondent

management 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 the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 16th day of November, 2017.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal,

Puducherry.

List of

petitioner’s witness:

WW.1—09-12-2015 —

S. Sivaprakash

List of petitioner’s exhibits:

Ex.Wl

— 26-06-2002—Copy of the offer of

employment & Probation

of the petitioner.

Ex.W2

— 29-10-2002—Copy of the confirmation

order of the petitioner.

Ex.W3

— 24-05-2001—Copy of the respondent

letter

to

the

Commissioner and the

copy of the

relevant

portion of standing order

regarding prevention of

sexual

harassment

of

women in work place.

Ex.W4

— 02-07-2011—Copy of the charge-sheet

issued to the petitioner.

Ex.W5

— 09-07-2011—Copy of the explanation

given by the petitioner to

the charge-sheet.

Ex.W6

— 15-07-2011—Copy of the petitioner’s

representation

to

the

respondent to engage his

co-worker to assist him

in enquiry.

Ex.W7

— 25-07-2011—Copy of the minutes of

enquiry proceedings.

Ex.W8

— 26-07-2011—Copy of the petitioner's

objection over domestic

enquiry.

Ex.W9

— 28-07-2011—Copy of the minutes of

enquiry proceedings.

Ex.Wl0 — 16.08.2011— Copy of the petitioner’s

legal notice to K.Vishalakshi

and its courier receipt.

Ex.Wll

— 18.08.2011— Copy of the minutes of

enquiry proceedings.

Ex.W12 — 24.08.2011— Copy of the letter of

K.Vishalakshi and its

postal cover.

Ex.Wl3 — 27-08-2011—Copy of the minutes of

the enquiry proceedings.

Ex.W14 — 05-09-2011— Copy of the petitioner’s

objection letter.

Ex.W15 — 05-09-2011—Copy of the petitioner's

objection

letter

to

enquiry.

Ex.W16 — 05-09-2011—Copy of the minutes of

enquiry proceedings.

Ex.Wl7 — 29-09-2011—Copy of the enquiry

report.

Ex.Wl8 — 30-09-2011—Copy of the show cause

notice

issued

to

the

petitioner by the respondent.

Ex.W19 — 17-10-2011—Copy of the petitioner’s

explanation to enquiry

report.

Ex.W20 — 17-10-2011—Copy of the petitioner’s

letter to respondent.

Ex.W21 — 07-05-2012—Copy of the respondent

order to conduct fresh

enquiry.

Ex.W22 — 04-06-2012—Copy of the Enquiry

Officer notice.

292

LA GAZETTE DE L’ETAT

[27 February 2018

Ex.W23 — 09-06-2012—Copy of the minutes of

enquiry proceedings.

Ex.W24 — 09-06-2012—Copy of the petitioner’s

objection

to

Enquiry

Officer and its courier

receipt.

Ex.W25 — 19-06-2012—Copy of the minutes of

enquiry proceedings.

Ex.W26 — 26-06-2012—Copy of the petitioner’s

r e p r e s e n t a t i o n

t o

respondent

and

its

courier receipt.

Ex.W27 — 19-04-2013—Copy of the respondent

show cause notice to the

petitioner.

Ex.W28 — 10-04-2013—Copy

of

the

second

enquiry report.

Ex.W29 — 04-05-2013—Copy of the petitioner’s

termination order.

Ex.W30 — 13-05-2013—Copy

of

the

claim

statement filed by the

petitioner

before

the

Conciliation Officer.

Ex.W31 — 15-07-2013—Copy

of

the

counter

filed by the respondent.

Ex.W32 — 27-09-2013—Copy of the conciliation

failure report.

List of

respondent’s witness:

RW.1 — 18-03-2016 —

Reshma Jacob

List of respondent’s exhibits:

Ex.Rl

— 24-05-2001— Copy

of

the

letter,

extract

of

certified

standing

orders

of

respondent

company

incorporation clause on

Prevention of Sexual

Harassment of Women in

Workplace as per the circular

No. 4924/94/Lab./AIL/L.,

dated 21-07-2000.

Ex.R2

— 02-07-2011— Copy of the charge-sheet

issued by respondent to

petitioner and its Tamil

translation.

Ex.R3

— 09-07-2011— Copy of the explanation

letter for charge-sheet

given by the petitioner to

the respondent.

Ex.R4

— 15-07-2011— Copy of the intimation

letter sent by the Enquiry

Officer

to

petitioner

intimating time and place

of enquiry proceedings.

Ex.R5

— 26-07-2011— Copy of the letter given by

petitioner

to

Enquiry

Officer

seeking

Mr.

Yathiraj

as

defence

assistant

for

enquiry

proceeding along with

his objection for charge-

sheet.

Ex.R6

— 26-07-2011— C o p y o f t h e e n q u i r y

28-07-2011

proceedings conducted

18-08-2011

by the Enquiry Officer

27-08-2011

on various dates along

05-09-2011

with the exhibits marked

by the respondent and

petitioner.

Ex.R7

— 30-09-2011— Copy of

the

enquiry

report along with covering

letter sent by the respondent

to the petitioner.

Ex.R8

— 17-10-2011— Copy of the objection

letter for enquiry report

given by the petitioner to

the respondent.

Ex.R9

— 07-05-2012— Copy of the letter sent by

the respondent to Enquiry

Officer to reopen the

enquiry proceedings.

Ex.R10 — 04-06-2012— Copy of the intimation

letter sent by the Enquiry

Officer

to

petitioner

about

reopening

of

enquiry proceedings.

Ex.Rll

— 09-06-2012— C o p y o f t h e e n q u i r y

19-06-2012

proceedings conducted

26-06-2012

by the Enquiry Officer

o n various dates along

with explanation given by

the petitioner.

Ex.R12 — 19-04-2013— Copy of the show cause

notice along with enquiry

report, dated 10-04-2013

sent to petitioner and its

AD card.

293

27 February 2018]

LA GAZETTE DE L’ETAT

Ex.R13 — 04-05-2013— Copy of the dismissal

order of the petitioner

along with postal track

slip.

Ex.R14 — 11-01-2016— Copy of the letter of

authorisation.

Ex.Rl5 — 28-01-2009— Copy of the advice letter for

u n a u t h o r i s e d

absenteeism of petitioner

for 69 days in 2008.

Ex.Rl6 — 19-08-2009— Copy of the advice letter for

unauthorised absenteeism

of petitioner for 29.5

days from January to

June, 2009.

Ex.Rl7 — 21-01-2010— Copy of the document

showing counseling done

by respondent to petitioner

for chronic absenteeism.

Ex.Rl8 — 12-05-2010— Copy of the warning

letter

issued

by

the

respondon: to petitioner

for

his

unauthorised

absenteeism for 63 days

in 2009.

Ex.R19 — 05-06-2010— Copy of the shop-floor

indiscipline counseling

done by, the respondent

to petitioner.

Ex.R20 — 13-12-2010— Copy of the punishment

order 3 days issued by the

respondent to petitioner

for

his

unauthorised

absenteeism for 59.5 days

from 1st January to 30th

June, 2010.

Ex.R21 — 01-08-2011— Copy of the advice letter

issued by the respondent

to petitioner for his

unauthorised absenteeism

for

61.5

days

from

January-June 2011.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal,

Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 17/AIL/Lab./T/2018,

Puducherry, dated 8th February 2018)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. Adhi Sakthi Project Private Limited,

Kothapurinatham, Puducherry and Thiru B. Lakshmi

Narayanan, Reddiyarpalayam, Puducherry, over

non-employment in respect of the matter mentioned

in the Annexure to this order;

And whereas, in the opinion of the Government, it

is necessary to refer the said dispute for adjudication;

Now, therefore, by virtue of the authority delegated

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

the Labour Department, Puducherry to exercise the

powers conferred by clause (c) of sub-section (1) of

section 10 of the Industrial Disputes Act, 1947

(Central Act XIV of 1947), it is hereby directed by the

Secretary to Government (Labour) that the said

dispute be referred to the Labour Court, Puducherry

for adjudication. The Labour Court, Puducherry shall

submit the Award within 3 months from the date of

issue of reference as stipulated under sub-section (2-A)

of section 10 of the Industrial Disputes Act, 1947 and

in accordance with rule 10-B of the Industrial Disputes

(Central) Rules, 1957. The party raising the dispute

shall file a statement of claim complete with relevant

documents, list of reliance and witnesses to the

Labour Court, Puducherry within 15 days of the

receipt of the order of reference and also forward a

copy of such statement to each one of the opposite

parties involved in the dispute.

ANNEXURE

(a) Whether the dispute raised by the petitioner

Thiru B. Lakshmi Narayanan, S/o. Balasundaram,

residing at No. 44, Kamban Nagar, 2nd Cross Street,

Reddiyarpalayam, Puducherry against the management of

M/s. Adhi Sakthi Project Private Limited, R.S. No. 40/9,

Near Wipro Computers, Earikarai Road, Thiruvandarkoil,

Kothapurinatham, Puducherry, over non-employment

is justifiable or not? If justified, what is the relief

entitled to?

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

terms of money if, it can be so computed?

(By order)

S. MOUTTOULINGAM,

Under Secretary to Government (Labour).