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.. 714

Sentence arbitral du Travail

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Award of the Labour Court

.. 714

de Tribunal.



.. 721

Notifications du Gouvernement .. 721

Government Notifications

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

.. 725

Avis d’Adjudications

.. 725

Tender Notices

.. 725



.. 727

Etablissements dangereux

.. 727

Dangerous Establishments

.. 727



.. 729

Annonces

.. 729

Announcements

.. 729

[ 713 ]

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2018 }

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12 {

No.

24

Poudouchéry

Mardi

12

Juin

2018 (22 Jyaistha 1940)

No.

Puducherry

Tuesday

12th

June

2018

714

LA GAZETTE DE L’ETAT

[12 June 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 52/Lab./AIL/T/2018,

Puducherry, dated 9th April 2018)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 24/2014, dated

06-02-2018 of the Labour Court, Puducherry in

respect of the Industrial Dispute between the management

of M/s. Pondicherry Institute of Medical Science,

Puducherry and Thiru V.S. Mannadeeswaran, Puducherry,

over non-employment-Award of the Labour Court,

Puducherry has been received;

Now, therefore, in exercise of the powers conferred

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

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

with the notification issued in Labour Department’s

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

hereby directed by the Secretary to Government (Labour)

that the said Award shall be published in the Official

Gazette, Puducherry.

(By order)

S. MOUTTOULINGAM,

Under Secretary to Government, (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Tuesday, the 06th day of February, 2018

I.D. (L). No. 24/2014

V.S. Mannadeeswaran,

No. 15, Pallatheru, Periyakalapet,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Pondicherry Institute of Medical Science,

Ganapathichettikulam Village, Kalapet,

Puducherry.

. . Respondent

This Industrial Dispute coming on 19-01-2018

before me for final hearing in the presence of

Thiruvalargal R.T. Shankar, A. Ashok Kumar, P. Suresh,

Advocates for the petitioner and Thiruvalargal

L. Sathish, T. Pravin, S. Velmurugan, V. Veeraragavan

and E. Karthik, 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. 67/AIL/Lab./J/2014,

dated 21-04-2014 for adjudicating the following:-

(i) Whether t h e d i s p u t e r a is e d b y T h i r u

V.S. Mannadeeswaran against the management of

M/s. Pondicherry Institute of Medical Science,

Kalapet, Puducherry, over his non-employment is

justified? If justified, what relief he is entitled to?

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

terms of money if, it can be so computed?

2. The averments in the claim statement of the

petitioner, in brief, are as follows :

The petitioner joined the service of the

respondent on 20-02-2006. The petitioner has been

working in the respondent Hospital in a prompt

manner without any default or remarks since, his

joining of duty in the respondent Hospital. The

petitioner is educated and hailing from a poor and

he had studied out of his own efforts and in order to

fulfill his needs of his life, the petitioner was

forced to work in Sri Lakshmi Narayana Medical

College, Pondicherry as part time worker. When the

said matter came to the knowledge of the respondent

management, the respondent started to impose

several conditions. The petitioner applied before

the respondent for changing of his shift hours in

order to avoid causing default in his duties to the

said Sri Lakshmi Narayana Medical College. On

14-02-2014, the respondent management convened

an enquiry on the petitioner complaining against him

that he had taken the things from the Biomedical

Department of the respondent Hospital without the

knowledge of the respondent’s management. The

petitioner has not taken any things as alleged in the

complaint. In order to cause stigma and blemish on

the petitioner, the respondent willfully and wantonly

accused the petitioner without any iota of truth.

Though, the petitioner was working as a part time

worker in Sri Lakshmi Narayana Medical College,

it was not a permanent job. The petitioner is

working in the respondent Hospital as a permanent

employee. When the petitioner contacted the

personnel office through phone, the petitioner was

informed that he had been terminated from service

and that he doesn’t have to come to work. The petitioner

was not given any written order of termination.

The petitioner raised an industrial dispute before

the Labour Officer (Conciliation), Puducherry.

The conciliation proceedings ended in failure and

715

12 June 2018]

LA GAZETTE DE L’ETAT

the matter has been referred for adjudication to this

Court. The petitioner had undertaken before the

Enquiry Committee that he would not do any part

time work in the said Sri Lakshmi Narayana Medical

College and the same was duly recorded by the

committee members and he was terminated from his

job at the respondent Hospital as per the report

given by the said Committee. No poor employee

shall not be punished for his other part time work

when the employee causes no harm to his

permanent employer. Therefore, the petitioner is a

workman of the respondent. In any event, no prior

notice have been given prior to the termination, the

termination being reattachment within meaning of

section 2 (oo) of the Industrial Disputes Act, the

same is void ab initio. Therefore, the petitioner is

constrained to file this industrial dispute in I.D (L).

No. 24/2014 before this Court. The petitioner

approached the respondent several times for

reinstatement with back wages but, his entire attempt

becomes in vain. The respondent has not given any

employment or to settle the back wages with

benefits to the petitioner. Therefore, the petitioner

prayed this Court to pass an order to direct the

respondent to reinstate into service with full back

wages and other attendant benefits by dismissing the

termination order against the petitioner and to pay

a sum of `

1,50,000 (Rupees one lakh fifthy

thousand only) as back wages and other benefits due

to the petitioner for the period of termination.

3. The brief averments in the counter filed by the

respondent are as follows :

The respondent did not admitted the averments

contained in the claim petition filed by the

petitioner except those that are specifically admitted

and it is stated that the cause title in the claim

petition as well as in the reference is wrong as there

is no Managing Director in the respondent institution.

The respondent is headed by Director-Principal and

therefore, the cause title in the claim petition needs

to be suitably amended. The respondent is a Multi-

specialty Hospital and Trauma Care Centre, providing

plethora of medical facilities and treatments to

people in and around Puducherry region. It also runs

a Medical College and Nursing College. The respondent

employees around 1670 workers, Nursing staff,

General Staff, Officers and Faculty out of whom 682

employees are covered under the Industrial

Disputes Act of 1947. The respondent being a

public utility service institution catering to the

emergency health care, a highest levels of

discipline, integrity, honesty, sincerity and conduct

is expected from each and every one associated with

respondent. It cannot take any incident of dishonesty,

indiscipline or lack of integrity easily. Any

compromise by respondent on such qualities

expected of any worker can only wreck havoc in the

institution and can give a leeway to others to follow

such courses with impunity. It can also be demoralising

honest and upright Officers. The petitioner’s case

must also be approached by keeping these

fundamental principles at the backdrop. The claim

statement of petitioner is full of vital admissions on

the gross misconduct committed by him. Hence,

there is absolutely no scope for any enquiry, except

on the quantum of punishment given to him. The

petitioner in his claim statement has admitted that to

fulfill his needs of his life he was forced to work in

Sri Lakshmi Narayana Medical College, Puducherry

as part time worker and when the said matter came

to the knowledge of the respondent it started to

impose several conditions and that he applied

before respondent for changing his shift hours in

order to avoid causing default in his duties to the

said Sri Lakshmi Narayana Medical College and that

he is a permanent employee of the respondent

Hospital and while in such employment, he was

working as a part time worker in the Sri Lakshmi

Narayana Medical College but, it was not a

permanent job and that he had undertaken before the

Enquiry Committee that he would not do any part

time work in the said Sri Lakshmi Narayana Medical

College. The said vital and substantial admissions of

the petitioner prove beyond any iota of doubt that he

did commit the grave misconduct of being in dual

employment while being in employment with the

respondent and hence, the charges regarding dual

employment against petitioner stands proved. The

petitioner was employed as Instrument Mechanic in

Biomedical Department as a regular employee from

01-09-2007

vide letter of appointment dated

03-09-2007. When the respondent gained concrete

information that petitioner was gainfully employed

with one of the other Hospitals in Puducherry

namely, Sri Lakshmi Narayana Institute of Medical

Science and he was clandestinely sharing confidential

information regarding respondent’s Hospital, it

issued

a

charge-sheet

to

petitioner

dated

27-02-2013 under clause 17.2, 17.17, 17.23, 17.26

and 17.34 of its Service Rules for serious and gross

misconduct of fraud, dishonesty giving false

information, disclosing information to respondent

716

LA GAZETTE DE L’ETAT

[12 June 2018

with regard to the process, facts, figures and details

of work including technical knowhow and engaging

in other work for gain without permission of

respondent and theft of property. The petitioner was

placed suspension pending enquiry. The petitioner

gave an explanation to the charge on 06-03-2013

wherein, he admitted his acquaintances with the said

institution but, denied his gainful employment. Hence,

respondent conducted a domestic enquiry through an

impartial Enquiry Officer, who gave full opportunity

to petitioner to disprove the charges and prove

his innocence. A principle of natural justice was

strictly adhered and petitioner fully participated

in the enquiry from 21-03-2013 to 29-04-2013.

During the course of enquiry, the petitioner once

admitted his casual employment at Sri Lakshmi

Narayana Institute of Medical Science, Puducherry,

without permission of respondent and even admitted

that he had actually tinkered with his shift timings

to juggle between two employments. The Enquiry

Officer submitted his findings on 04-05-2013

holding petitioner-guilty of all charges, except the

charges of theft for want of evidence, which stand

testimony to the fairness of Enquiry Officer.

The respondent issued second show cause notice,

dated 06-05-2013 seeking petitioner’s explanation.

The petitioner submitted his explanation, dated

10-05-2013 whereby, he once again accepted that he

was employed on part time basis in Sri Lakshmi

Narayana Institute of Medical Science and promised

not to repeat such mistakes in future. Considering

the gravity of his misconduct, the petitioner was

dismissed from service with effect from 07-06-2013

vide termination order, dated 07-06-2013. The

clause 7 of the appointment order of the petitioner,

dated 01-09-2007 stated that there was a condition

that the petitioner could not do employment,

consultation, trade or business including part time

activity except with written permission of the

management. The clause 8 of the appointment order

stated that the petitioner will be governed by the

Institute's Service Rules relating to attendance,

leave, conduct and other conditions of employment

and he must abide by the Rules and Regulations of

the Institute which are in force at present and which

may be formulated from time to time. The rule

17.26 of the Service Rules of respondent

specifically

prohibits

dual

employment

and

considers it a serious misconduct. No punishment

lesser than dismissal from services can be

commensurate with such gross misconduct as it not

only amounts to violation of service rules and terms

of employment, it also amounts to betrayal of faith

reposed by respondent on petitioner. Such dual

employment cannot be trivialised as minor

misconduct as it leads to pilferage of vital and

confidential information, especially, if, the other

employer is also a competitor operating in the same

field. It results in exodus of good hands from one

organisation to another and it gives an opportunity

to the worker take both employers on ransom

regarding

pay

packages

and

other

service

conditions. It also shows lack of discipline and

integrity towards the employer. If, such conduct is

not punished with maximum punishment, it would

encourage other workers to engage in similar

misconducts, which can subject the respondent’s

Hospital to chaos. Therefore, the misconduct done

by petitioner deserved the maximum punishment of

dismissal from service. Since, the petitioner has

engaged himself is misconduct which exposed his

dishonesty lack of integrity and lack of dedication

towards the respondent. The respondent has also

lost its confidence on the petitioner and hence,

there is absolutely no scope of his reemployment as

the lost confidence cannot be gained. The claim-

petition is devoid of merits lack of bona fide and is

liable to be dismissed.

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

petitioner WW1 was examined and Ex.P1 was marked

and on the side of the respondent RW1 was examined

and Ex.R1to Ex.R12 was marked.

5. Both sides are heard. The pleadings of both the

parties, the evidence let in by either sides and the

exhibits marked on both sides are carefully considered.

In support of his case, the learned Counsel for the

respondent has relied upon the Judgment reported in

CDJ 2016 BHC 1310, CDJ 2014 CAT NEW DELHI

184, CDJ 2012 MHC I486, CDJ 1956 BHC 144 and

Panjab - Haryana HC in CWP No.15088/2015 -

Gulbahar Vs. Presiding Officer and Another and the

same were also carefully considered.

6. The point for consideration is:

Whether the dispute raised by the petitioner

against the respondent management over his non

employment is justified or not and if justified, what

is the relief entitled to the petitioner?

7. In order to prove the case the petitioner has

examined himself as WW1 and he has deposed that he

joined in the respondent Hospital on 20-02-2006 and

he had been working in the respondent Hospital in a

prompt manner without any default and that he was

hailing from a poor family and he had studies out of

717

12 June 2018]

LA GAZETTE DE L’ETAT

his own efforts and in order to fulfill needs of his life,

he was forced to work in Sri Lakshmi Narayana

Medical College, Puducherry as part time worker and

that when the said fact was came to the knowledge of

the respondent management it started to impose several

conditions and that he has asked the respondent

management for changing his shift hours in order to

avoid causing default in his work to the Sri Lakshmi

Narayana Medical College and that on 14-02-2014, the

management has convened the enquiry complaining

against him that he has taken things from the

Biomedical Department of the respondent Hospital

without the knowledge of the respondent management

and that he had not taken any things as alleged in the

complaint and that he was working as a part time worker

in the Sri Lakshmi Narayana Medical College which is

not a permanent job and that he was working in the

respondent Hospital as a permanent employee and that

he had been terminated from service and that he has

raised an industrial dispute before the Conciliation

Officer and on failure, the matter has been referred to

this Court and that he had undertaken before the

Enquiry Committee that he would not do any part time

work in the said Sri Lakshmi Narayana Medical

College.

8. In support of his case the petitioner has exhibited

the conciliation failure report as Ex.P1 which would

reveal the fact that the petitioner has raised an

industrial dispute on 11-06-2013 over his non-

employment stating that he has joined at the

respondent Hospital as Instrument Mechanic on

20-02-2006 and he had been in service till

27-02-2013 and it is stated by the petitioner that the

management by an act of victimisation and motivation

issued false charge memo on 27-02-2013 and that he

had been terminated from service by the respondent on

07-06-2013 and that the management has not given any

opportunity to prove his case and his long service of

employment has not been considered by them and

further, it is also learnt from Ex.P1 that the

management has also participated in the conciliation

proceedings and submitted reply on 08-07-2013

denying all the averments made by the petitioner and

stated that the petitioner has committed serions

misconducts of fraud false information disclosing

information of facts and figures and details of work

and hence, he was suspended pending enquiry and that

the petitioner against the terms of the employment

engaged dual employment at Sri Lakshmi Narayana

Institute of Medical Science and has manipulated the

shift timings for his personal gain and the domestic

enquiry was conducted against the petitioner based on

the charge-sheet, dated 27-02-2013 and only based on

the findings of the Enquiry Officer who has submitted

the report on 04-05-2013, the respondent issued show

cause notice on 06-05-2013 and further, it is learnt

from Ex.P1 that in the conciliation it was stated by the

respondent that the petitioner during enquiry has

accepted that he has been employed on part time basis

in Sri Lakshmi Narayana Institute of Medical Science

and that the management firmly insisted that engaging

in other work for monetary gain at any other purpose

which amounts to serious misconduct, and cannot be

tolerated and that the charges against the petitioner was

proved during the domestic enquiry and on the basis of

the material evidence on record the petitioner was

terminated from service on 07-06-2013 considering

the gravity of the misconduct. Further, it is also learnt

from Ex.P1 that the Conciliation Officer has advised

the management that the punishment of dismissal is not

proportionate and also advised the management to give

punishment of deduction of increment or demote his

grade instead of terminating his service.

9. On the other hand, in order to prove the

contention of the respondent management the General

Manager was examined as RW1 and he has deposed that

the respondent establishment is the institution and

multi-specialty Hospital and Trauma Care Centre

providing plethora of medical facilities and treatment

in and around Puducherry region and that they are

running Medical College and Nursing college and that

they have qualified and efficient Doctors, Nurses,

Staffs, Administrators and that they have well furnished

laboratories and that they have employees around 1670

workers, nursing staff, general staff, officers and

others and that they are maintaining highest levels of

discipline, integrity, honesty, sincerity and that he has

denied the averments of the petitioner which was stated

in the claim statement and that the petitioner has

admitted that he was forced to work at Sri Lakshmi

Narayana Medical College as part time worker and in

the enquiry it was stated by him that he would not do

any part time work at Sri Lakshmi Narayana Medical

College and that the petitioner has admitted the above

fact in the explanation given by him for the charge on

06-03-2013 and that domestic enquiry was conducted

and full opportunity was given to the petitioner to

disprove the charges and to prove bis innocence and

that the principles of natural justice were strictly

adhered to and that the petitioner has fully participated

in the enquiry from 21-03-2013 to 29-04-2013 and

that the petitioner had admitted his casual employment

at Sri Lakshmi Narayana Institute of Medical Sciences,

Puducherry and that the appointment given to the

718

LA GAZETTE DE L’ETAT

[12 June 2018

petitioner also would reveal the fact that there was a

condition that the petitioner could not do employment,

consultation, trade or business including part time

activity except with written permission of the

management.

10. In support of their contention, the respondent

management has exhibited Ex.R1 to Ex.R12. Ex.R1

(series 1 to 5) is the copy of the appointment orders

issued by the respondent to the petitioner on various

dates. Ex.R2 is the copy of the charge-memo issued by

the respondent to the petitioner on 27-02-2013. Ex.R3

is the copy of the letter submitted by the petitioner to

the respondent on 28-02-2013. Ex.R4 is the copy of

translation of charge-memo. Ex.R5 is the copy of the

explanation letter submitted by the petitioner to the

respondent on 06-03-2013. Ex.R6 is the copy of the

enquiry proceedings. Ex.R7 is the copy of enquiry

particulars. Ex.R8 is the copy of the second show

cause notice, dated 06-05-2013. Ex.R9 is the copy of

the reply submitted by the petitioner to the second

show cause notice on 10-05-2013. Ex.R10 is the copy

of warning memo issued by the respondent to the

petitioner on 13-08-2010. Ex.R11 is the copy of the

service rules of the respondent institution. Ex.R12 is

the copy of the dismissal order issued by the

respondent to the petitioner. From the above

documents Ex.R1(series) would disclose the fact that

the appointment order was given to the petitioner

on 21-02-2006 and he was posted as Attendant

(Bio-Medical) in the respondent institution for three months

on contract on terms and Ex.R1(series) further, would

evident that on 19-05-2006, 21-08-2006, 23-02-2007,

27-05-2011, the petitioner was again and again

appointed on condition that he would not engage

himself in other employment, consultation, trade, or

business including part-time activity except with

written permission of the management. The other

documents would go to show that the respondent

management has conducted the domestic enquiry by

issuing charge-memo and after getting explanation and

after the report of the Enquiry Officer a second show

cause notice was also issued by the management on

06-05-2013 for which the petitioner has submitted a

reply on 10-05-2013 and previously the petitioner was

warned by the respondent management on 13-08-2010

and warning memo was issued to him by the

respondent and that there was some service rules at

respondent

Industry

and

that

the

respondent

management has terminated the petitioner from

service.

11. From the pleadings, evidence let in by either

sides and documents marked on both sides it is clear

that the following facts are admitted by them that the

petitioner was working in the respondent institution

for the period from 2006 to 2013 and he has been

charged for his misconduct for dual employment at Sri

Lakshmi Narayana Institute of Medical Science and the

domestic enquiry was conducted against the petitioner

for the alleged charge and second show cause notice

was issued to him for which the petitioner has given

explanation and after that he was terminated from

service. According to the respondent management the

petitioner has committed serious misconduct of dual

employment by working as part time at Sri Lakshmi

Narayana Institute of Medical Science without the

permission of the respondent management. On perusal

of Ex.Rl(series) it is clear that there is some terms

and conditions that the employee should not work at

anywhere else even as a part time worker while he was

in service at the respondent establishment. Even in .the

claim statement the petitioner has admitted the fact

that due to the circumstances to meet out the needs of

his life he has worked at Sri Lakshmi Narayana

Institute of Medical Science as part time worker. In

the first para of the claim statement filed by the

petitioner he has admitted that he had studied out of his

own efforts and in order to fulfill the needs of his life

he was forced to work in Sri Lakshmi Narayana

Medical College as part time worker.

12. Further, in the chief examination also the

petitioner has stated that in order to fulfill the needs

of his life, he was forced to work in Sri Lakshmi

Narayana Medical College as part time worker. Even in

his reply for the show cause notice issued against him

which was exhibited under Ex.R9 the petitioner has

admitted the fact that he was working at Sri Lakshmi

Narayana Medical College. Further, the petitioner has

also admitted in his evidence that he was working at

the said Sri Lakshmi Narayana Medical College

Hospital as part time worker and it is also admitted by

him that the appointment order given by the respondent

management having terms and conditions that he

should not work at anywhere else even as a part time

worker while

he was working at respondent

establishment.

13. In support of their contention, the learned

Counsel for the respondent has relied upon the

Judgment reported in CDJ 2012 MHC 1486, wherein,

the Hon’ble High Court of Madras has observed that,

719

12 June 2018]

LA GAZETTE DE L’ETAT

“....Court held - seeing the records and evidence,

came to the conclusion that the charges were proved

and it did not call for any interference under Act

- second respondent - management raised a defence

before the Labour

Court that they had lost

confidence in the petitioner - workman for

retaining in the service and the Labour court had

also accepted the same and refused to give any

relief to the petitioner - workman - Court was not

inclined to interfere with the well -reasoned Award

passed by the Labour Court - no case made out by the

petitioner to interfere with the Award of Labour Court

- Writ Petition dismissed.” From the above

observation, it is clear that if, any employee is

doing dual employment while he was working at

any industry or establishment cannot be permitted

to do dual employment which would cause loss and

difficulties to the employer. In this case also

the petitioner was admittedly working as a part time

worker at another Medical College while he was

working as a permanent employee at respondent

Medical

College

by

which

the

respondent

management might have lost, confidence on the

petitioner and that therefore, the reason stated by

the petitioner that he was forced to work as a part

time worker cannot be accepted and as the domestic

enquiry was held properly by the respondent

management by giving opportunities to the

petitioner to putforth his case and show cause

notice was given to the' petitioner, this Court finds

that the disciplinary action taken against the

petitioner is absolutely necessary and hence, the

termination of service of the petitioner from the

respondent establishment is absolutely reasonable

and justifiable and that therefore, the industrial

dispute raised by the petitioner against the

respondent management over his non-employment

cannot be justified and as such, the claim petition

filed by the petitioner is liable to be dismissed.

14. In the result, the petition is dismissed and the

industrial dispute raised by the petitioner against the

respondent management over his non-employment is

not justified. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 06th day of February, 2018.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW1

—01-03-2016 S. Mannadeeswaran

List of petitioner’s exhibit:

Ex.Pl

—14-02-2014 Copy of the conciliation

failure report.

List of respondent’s witness:

RWl

—08-05-2017 A.G. Isaiah

List of respondent’s exhibits:

Ex.Rl

—21-02-2006 Copy of the appointment

(series —19-05-2006 o rd ers issued by the

1 to 5) —21-08-2006 r e s p o n d e n t t o t h e

27-05-2011

Ex.R2 —27-02-2013 Copy of the charge-memo

issued by the respondent

to the petitioner.

Ex.R3 —28-02-2013 Copy of the letter submitted

by the petitioner to the

respondent.

Ex.R4 —04-03-2013 Copy of translation of charge-

memo, dated 27-02-2013.

Ex.R5 —06-03-2013 Copy of the explanation

letter submitted by the

petitioner

to

the

respondent.

Ex.R6

—

Copy

of

the

enquiry

proceedings.

Ex.R7

—

Copy of enquiry particulars.

Ex.R8 —06-05-2013 Copy of the second show

cause notice.

Ex.R9 —10-05-2013 Copy of the reply submitted

by the petitioner to the

second show cause notice.

Ex.R10—13-08-2010 Copy of warning memo

issued by the respondent to

the petitioner.

Ex.R11 —

Copy of the service rules of

the respondent institution.

Ex.R12—07-06-2013 Copy of the dismissal order

issued by respondent to the

petitioner.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

720

LA GAZETTE DE L’ETAT

[12 June 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 53/Lab./AIL/T/2018,

Puducherry, dated 9th April 2018)

NOTIFICATION

Whereas, an Award in I.D (L) No. 31/2016, dated

10-02-2018 of the Labour Court, Puducherry in the

management of M/s. Klas Ploymers, Puducherry and

Thiru R. Ilangovan, Kandamangalam, Tamil Nadu,

over non-employment Award of the Labour Court,

Puducherry 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 Secretary to Government (Labour)

that the said Award shall be published in the Official

Gazette, Puducherry.

(By order)

S. MOUTTOULINGAM,

Under Secretary to Government (Labour).

————

BEFORE THE LOK ADALAT AT PUDUCHERRY

Organised by Ms. V. Sofana Devi (District Judge)

Member-Secretary, of the State Legal Services

Authority, Puducherry, under section 19 of the Legal

Services Authorities Act (Act 39 of 1987).

Ms. S. Rohini,

. .

Judge

Additional Sub-Judge,

Puducherry.

Thiru S. Chandra Sekar,

. .

Judge

Principal District Munsif,

Puducherry.

Thiru C. Ayyanar,

. .

Member

Advocate,

Puducherry.

LOK ADALAT CASE No................/2018

in

I.D. (L). No. 31/2016

(On the file of the Industrial Tribunal-cum-

Labour Court, Puducherry)

Saturday, the 10th day of February 2018

P. Ilangovan,

S/o. Puthupattan,

No. 2/456, Sri Ram Nagar,

Kandamangalam,

Villupuram P.O.,

Tamil Nadu-605 102.

. . Petitioner

Versus

The Managing Director,

M/s. Klas Polymers,

166*165/166, Vazhudavoor Road,

Kurumbapet,

Puducherry.

. . Respondent

This case coming on this day before us in the

p r e s e n c e o f t h e p e t i t i o n e r a n d h i s Co u n s e l

Thiru A. Mugundhan and the respondent and his

Counsel Thiru L. Sathish having agreed to settle the

matter and thereby, the case being settled under Joint

Compromise Memo filed, an Award is passed

accordingly:

Taken cognizance under section 20 (1) of the Legal

Services Authorities Act (Act 39/87)

1. This case which was filed before the Presiding

Officer as ID (L). No. 31/2016 was transferred to the

Lok Adalat and was taken on file for settlement.

2. The petitioner filed the case to pass an Award to

hold that the non-employment of the petitioner

workman by the respondent management is not

justified and to direct the respondent management to

reinstate him with full back wages and all other

attendant benefits and for costs.

3. Both parties were served with notice and

appeared before the Lok Adalat and the petitioner made

an endorsement today to the effect that the petitioner

herein has received a sum of ` 45,000 (Rupees forty- five

thousand only) by a Cheque No. 851328, dated

12-02-2018 and a sum of ` 1,00,000 (Rupees one lakh

only) by a Cheque No. 851334, dated 10-03-2018

drawn on the Canara Bank, Muthialpet Branch,

Puducherry towards full quit and.discharge and prayed

for closing the case. It is also agreed by both the

parties that if, the post dated cheque has not been

honoured by the respondent on 10-03-2018 this

reference will be reopen for further proceedings.

4. The endorsement made by the parties is bona fide

and there is no reason why the same should not be

considered and recorded. There is no inducement or

other indication for the said compromise. Accordingly,

the Joint endorsement mode by the parties is recorded

and an Award is passed under the terms and conditions

therein.

721

12 June 2018]

LA GAZETTE DE L’ETAT

5. This case is referred to the Lok Adalat, organized

by the State Legal Services Authority under section 19

of the Legal Services Authorities Act (Act 39/87) and

after full and frank discussion of all issues, an Award

is passed as follows:

AWARD

1. It is ordered and decreed that the Award is passed

in terms of the Joint Compromise Memo made by the

parties and that the petition and the same is hereby

closed.

2. It is ordered and decreed that the Joint Endorsement

made by the parties shall form part of the Award.

3. That this Award of the Lok Adalat shall be

deemed to be a Decree of the Civil Court as per

section 21 of the Legal Services Authorities Act, 1987.

Dated at Puducherry, on this the 10th day of

February, 2018.

S. ROHINI

S. CHANDRA SEKAR

C. IYYANAR

Judge

Judge

Member

P. ILANGOVAN,

THE MANAGING DIRECTOR,

Petitioner

KLAS POLYMERS

Respondent

A. MUGUNDHAN

L. SATHISH

Counsel for the

Counsel for the

Petitioner

Respondent

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE REGIONAL ADMINISTRATOR

NO.1-1/RAM/C1/2018.

Mahe, dated 22nd May, 2018

NOTIFICATION

(Under Regulation No. 3 of G. O. Ms. No. 04,

dated 9-2-2018 of Health Secretariat)

Whereas, it has been widely reported in the

newspaper, that there is an outbreak of ‘NIPAH’ Virus in

parts of Kozhikode District, (Kerala), neighboring Mahe

region and the Government of Kerala is on high alert

and initiating various measures to contain the situation;

Whereas, the undersigned is of the opinion that

Mahe region being contiguous to infected areas of Kozhikode

District, Kerala, the situation warrants immediate action

under Regulation No. 3 of G.O. Ms. No. 04, dated 9-2-2018

of Health Secretariat, to strengthen the ongoing

preventive measures;

Whereas, the undersigned is satisfied that there are

sufficient grounds to declare Mahe region as ‘Threatened

Area’ consequent to the outbreak of ‘NIPAH’ Virus in parts

of Kozhikode District (Kerala), neighbouring Mahe region.

Now, therefore, in order to strengthen the

preventive measures and to effectively contain the

situation, the undersigned hereby notify to declare Mahe

region as a ‘Threatened Area’ under Regulation No. 3 of

G. O. Ms. No. 04, dated 9-2-2018 of Health Secretariat.

S. MANICKADEEPAN,

Regional Administrator.

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (ANIMAL HUSBANDRY)

(G.O. Ms. No. 7/AH, Puducherry, dated 28th May 2018)

NOTIFICATION

The Lieutenant-Governor of Puducherry is pleased

to confirm the services of Dr. E. Sayed Ali, Joint Director,

Department of Animal Husbandry and Animal Welfare,

Puducherry and to appoint him substantively in the

entry grade of Veterinary Assistant Surgeon with effect

from 17-2-2002.

(By order of the Lieutenant-Governor)

MANGALATTE DINESH,

Deputy Secretary to Government,

(Animal Husbandry).

————

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G.O. Ms. No. 33, Puducherry, dated 28th May 2018)

NOTIFICATION

The Lieutenant-Governor, Puducherry, is pleased

to appoint Thiru D. Mohan Kumar, Erode, Tamil Nadu,

who has been allotted to the Union territory of

Puducherry by Department of Personnel and Training,

Government of India, New Delhi, on the basis of the

results of Civil Services Examination, 2016 to Grade-II

of Pondicherry Civil Service with effect from the

forenoon of 16-5-2018, subject to the conditions

mentioned in this Department’s letter of Offer of

Appointment No. A.19011/6/2018/DPAR/SS-I(2), dated

16-4-2018.

2. The Lieutenant-Governor is also pleased to

order that Thiru D. Mohan Kumar will be a Probationer

in the Pondicherry Civil Service for a period of two

years from the forenoon of 16-5-2018.