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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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.. 772

Sentence arbitral du Travail

.. 772

Award of the Labour Court

.. 772

de Tribunal.



.. 785

Notifications du Gouvernement .. 785

Government Notifications

.. 785



.. 797

Etablissements dangereux

.. 797

Dangerous Establishments

.. 797



.. 798

Annonces

.. 798

Announcements

.. 798



.. 8 0 3

Corrigenda

.. 8 0 3

Corrigenda

.. 8 0 3

[ 771 ]

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2018 }

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26 {

No.

26

Poudouchéry

Mardi

26

Juin

2018 (5 Asadha 1940)

No.

Puducherry

Tuesday

26th

June

2018

772

LA GAZETTE DE L’ETAT

[26 June 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 56/Lab./AIL/T/2018,

Puducherry, dated 9th April 2018)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 101/2012, dated,

03-03-2018 of the Labour Court, Puducherry in

respect of the industrial dispute between the Management

of M/s. State Express Transport Corporation, Chennai

and Thiru Vanajamunian, Cuddalore District, over

non-payment of wage increments for completion of

postgraduation, financial assistance to his children and

revision of basic pay-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.

Saturday, the 03rd day of March, 2018.

I.D. (L) No. 101/2012

Vanajamunian,

No. 5, Thillai Nagar,

Buvanagiri and Post,

Chidambaram Taluk,

Cuddalore District.

. . Petitioner

Versus

The Managing Director,

M/s. State Express Transport Corporation,

Pallava Salai, Chennai-600 002.

. . Respondent

This industrial dispute coming on 09-02-2018

before me for final hearing in the presence of

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

V. Veeraragavan and E. Karthik, Counsel for the

petitioner, and Thiru S. Karthikeyan, Counsel for the

respondent, upon hearing both sides, upon perusing the

case records, after having stood over for consideration

till this day, this Court passed the following:

AWARD

1. This Industrial Dispute has been referred by the

Government as per the G.O. Rt. No. 222/AIL/Lab./J/2012,

dated 20-12-2012 for adjudicating the following:-

(i) Whether the dispute raised by the petitioner

Thiru Vanajamunian against the management of

M/s. State Express Transport Corporation, over

non-payment of wage increments for completion of

postgraduation, financial assistance to his children

and revision of basic pay as per the wage settlement

are justified?

(ii) If justified, what relief the petitioner is

entitled to?

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

terms of money if, it can be so computed?

2. It is the case of the petitioner that he had been in

service as Conductor in the respondent corporation

from 07-04-1989 and his service was confirmed on

01-03-1991 and for the past 25 years he was working

in various places and now, he is working as Senior

Conductor in Puducherry Depot since from 2005 and

that as per settlement arrived at between the

respondent corporation and the trade unions, the

respondent enhanced educational allowance from

` 1,000 to ` 1,500 and his daughter joined B.E., in

2006 at Salem Government College and completed her

course in 2010 and that the respondent did not pay him

education allowance to the petitioner inspite of his

repeated demands for the said period though he had

applied on 06-03-2009 and 08-03-2011 which comes

to the tune of ` 6,000 for the period from 2006-2010

and as he has completed postgraduation in M.A.,

Sociology through distance education in the year 2000

he has applied to incorporate his Master’s Degree in his

service record vide his letters, dated 21-07-2004,

15-09-2004, 19-10-2004, 13-08-2006 and 16-04-2008

and even then, the respondent never responded to any of

the letters of petitioner and he was entitled for

additional two increments of ` 150 in his basic salary

in addition to regular annual increment of ` 75 since

there was a settlement under section 12(3) of the Act

which provides two increments to the worker who

completes postgraduation degree without availing any

leave or any other assistance from respondent and

evenafter repeated demands made by the petitioner the

773

26 June 2018]

LA GAZETTE DE L’ETAT

respondent gave a vexatious reply on 07-05-2008 that

the financial status of the respondent corporation is not

good by thus the increments are not able to provide

and that denial of two additional increments to the

petitioner by respondent since September 2000 caused

immense monetary loss to the petitioner and also

affected his wage increments and subsequent wage

fixations throughout his career and that the respondent

is liable to pay monetary loss which comes to the

tune of ` 4,77,471.00 as calculated in the claim

petition and that he was not given review for his

service even after completion of 20 years of service

and has prayed to pass an Award for a total sum of

` 4,77,471.00 and to revise the wage scale of the

petitioner to ` 13,715 with effect from 01-09-2010 by

holding that the industrial dispute raised by the

petitioner is justified.

3. On the other hand, the respondent corporation

has filed a counter statement denying all the

allegations made by the petitioner in his claim

statement and stated that the petitioner was appointed

by the Head Office at Chennai and as per the terms and

conditions agreed between the petitioner and the

management only Chennai is having the jurisdiction to

solve any issues arises and one of the branches at

Puducherry the Branch Manager is not having the

power to represent the corporation and moreover, the

Managing Director is only at Chennai and if at all, the

petitioner is having any grievance, he should have

approached the appropriate authority at Chennai not

before this authority and Court at Pondicherry and that

the respondent Corporation is running the busses only

for the welfare of the people and it is not running in a

profitable manner and it is also highly indebted and

there are number of accident cases and the buses have

been attached still in various Courts and moreover, as

far as the respondent’s Corporation is acting as per Act

and also the settlement arrived at Corporation and the

trade unions and that the petitioner is not a law abiding

citizen and he is an intransigent and irrecoinsable man

and there are number of complaints as against him and

on the basis of the complaints, number of memos and

charge-sheets were issued for his misconduct and

misbehavior and he is having the habit of creating

troubles not only to the management but, also to his

colleagues

for

that

he

was

suspended

from

09-11-2006 till 01-02-2008 and thai the petitioner has

not obtained any permission for his alleged graduation

and the alleged graduation no way helpful to the

corporation and hence, prayed to dismiss the petition.

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

petitioner PW.1 was examined and Ex.P1 to Ex.P24

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

was examined and Ex.R1 to Ex.R36 were marked. Both

sides are heard. The pleadings of the parties, the

evidence let in by either sides and the exhibits marked

on both side are carefully considered.

5. The point for consideration is:

Whether the dispute raised by the petitioner

against the resp o nd ent manageme nt o ver

non-payment of wage increments for completion of

postgraduation, financial assistance to his children

and revision of basic pay as per the wage settlement

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

relief entitled to the petitioner?

6. It is the evidence of the petitioner PW.1 that

there was a settlement between the majority union of

the respondent corporation and the respondent

management wherein, the respondent management has

increased the educational allowance payable to one child

of workers studying in any professional courses from

` 1,000 to ` 1,500 and her daughter had joined in B.E.,

at Salem Government College in the year 2006 and

completed the course in the year 2010 and though, he

applied for the education allowance at ` 1,500 per year

from 2006 to 2010 to the tune of ` 6,000 the said

educational allowance was not sanctioned and that he

has completed Master’s degree in M.A., Sociology

though distance education at Annamalai University in

September, 2000 and he applied for two additional

increments on 21-07-2004 and also sent reminders on

15-09-2004, 19-10-2004, 13-08-2006 and 16-04-2008

and that the respondent management never responded

to his letters and it is also agreed by the management

in 12(3) settlement executed in the year 1989 that the

worker who completes postgraduation without availing

any leave or any other assistance from the respondent

is entitled for two additional special increments and

the same has not been granted to him though, he has

applied for which the respondent management has

given reply on 07-05-2008 that due to the financial

status of the respondent Corporation they are not able

to give the said two increments and that therefore, he

has

claimed

two

additional

increments

since

September 2000 and it is the further evidence of the

petitioner PW.1 that the respondent management has

failed to give regular annual increments of ` 75 per

year in March 2001 and March 2002 and the same was

not paid to him from March-2001 to February-2003

i.e., for 24 months at the rate of ` 75 per month and

he has also claimed two additional increments from

774

LA GAZETTE DE L’ETAT

[26 June 2018

September-2000 as he has completed the Master’s

degree in M.A., Sociology and wage settlement was

arrived in the year 2005 and basic wage of the Senior

Conductor was enhanced to

` 1,950 and from

September 2005 his pay was ` 4,665 with the revision

of basic wage ought to have been fixed at ` 6,615

and has claimed ` 4,77,471.00 for his total monetary

loss.

7. In support of his case, the petitioner has exhibited

Ex.P1 to Ex.P24. Ex.P1 is the copy of transfer order

of the petitioner from Chennai to Puducherry Depot,

dated 07-05-1990. Ex.P2 is the copy of extract of

clause No. 73 at Page No. 74 of the book published by

CITU union showing salient features of 7th 12(3)

settlement book. Ex.P3 is the copy of request letter

given by the petitioner to respondent for educational

allowance to his daughter (2 Nos.) along with

Provisional Certificate of petitioner's daughter for BE

(EEE) on 06-03-2009 and 08-03-2011. Ex.P4 is the

copy of page No. 92 of the book published by CITU

union on the 7th 12(3) settlement between union and

respondent showing details of two advance increments

for completion of degree. Ex.P5 is the copy of request

letter given by petitioner to the respondents on various

dates. Ex.P6 is the copy of request letter sent by the

petitioner to respondent toward non-payment of his

two years advance increments. Ex.P7 is the Copy of

petitioner’s monthly salary slips for the period 1995

to 2015. Ex.P8 is the copy of request letter given by

petitioner to respondent for arrears of revision in his

salary as per 10th 12(3) settlement for the months

from September, 2007 to January, 2008. Ex.P9 is the

copy of wage settlement arrear bill of petitioner.

Ex.P10 is the copy of relevant portion of Tamil Nadu

Governments order vide G.O. No. 189 for payment of

interest. Ex.P11 is the copy of the 12(3) settlement

effective from 01-09-2010. Ex.P12 is the copy of the

12(3) settlement effective from 01-09-2013. Ex.P13

is the copy of letter given by petitioner to respondent

seeking arrears in basic wages as per respondent's

letter claiming payment of basic wages. Ex.P14 is the

copy of comparative salary bill of Mr. Subramani

showing payment of basic wages to him. Ex.P15 to

Ex.P24 are the copy of RTI application submitted by

the petitioner on various dates.

8. From the above documents, it is learnt to this

Court that the petitioner was working at the respondent

establishment and subsequently, he was transferred to

Puducherry Depot and as per 7th 12(3) settlement it is

clear that the management had enhanced the education

allowance from ` 1,000 to ` 1,500 to one of the

children of the worker and it is agreed by the

respondent Corporation that two additional increments

would be given to the workers who completed the

Master’s degree in M.A. Sociology and this petitioner

has applied for the said two additional increments for

completion of Master’s degree in M.A. Sociology and

also applied for educational allowance on 06-03-2009

to the respondent corporation and also has submitted

several letters subsequently for the sanction of the

same and it is also clear that he has sent several

representations on various dates claiming the said

increments and that there was several wage settlements

executed

between

the

management

transport

corporation and the union under 12(3) settlements.

9. To disprove the case of the petitioner the

respondent corporation also has examined RW.1 and

marked Ex.R1 to Ex.R36. Ex.Rl is the copy of

authorization letter, dated 31-08-2014. Ex.R2 is the

copy of letter of industrial dispute raised by the

petitioner

before

the

office

of

the

Labour

Commissioner on 13-12-2011. Ex.R3 and Ex.R4 are

notice of remarks received from the Labour Officer

(Conciliation), Puducherry. Ex.R5 is the photocopy of

the objections filed by the opposite party before the

Labour Officer (Conciliation), Puducherry. Ex.R7 to

Ex.R9 are the photocopy of settlements entered under

section 12(3) of the Industrial Disputes Act, 1947 on

various dates. Ex.R10 is the photocopy of the

Government order issued by the Finance (BPE)

Department. Ex.R11 is the attendance and LLP detail

extract of the petitioner from January-1999 to July-2017.

Ex.R12 is the N.Q.D. statement of the petitioner

from 1989 to January-2015. Ex.R13 to Ex.R17 are

photocopy of punishment order issued to petitioner on

various dates. Ex.R18 is the photocopy of order issued

to petitioner. Ex.R19 is the photocopy of second show

cause notice issued to petitioner. Ex.R20 is the

photocopy of order, dated 17-06-2016. Ex.R21 is the

photocopy

of

order

issued

to

petitioner

on

28-06-2016. Ex.R22 is the photocopy of second show

cause notice issued to petitioner on 28-06-2016.

Ex.R23 is the photocopy of order issued to petitioner,

dated 01-07-2016. Ex.R24 is the photocopy of order

issued to petitioner. Ex.R25 is the photocopy of

punishment

order

issued

to

petitioner,

dated

05-05-2016. Ex.R26 is the photocopy of revised order

issued to petitioner. Ex.R27 is the photocopy of

acknowledgement of receipt of service record copy by

the petitioner. Ex.R28 is the photocopy of extract of

service record of petitioner. Ex.R29 to Ex.R31 are

photocopy of salary receipts of the petitioner. Ex.R32

775

26 June 2018]

LA GAZETTE DE L’ETAT

is the photocopy of the wage settlement arrear bill for

period from 09-2007 to 01-2008 for the petitioner.

Ex.R33 is the photocopy of punishment order issued to

petitioner on 22-11-2000. Ex.R34 is the photocopy of

revised order issued to petitioner. Ex.R35 is the

photocopy of right to Information Commissioner

Judgment order of case No. 19216/Eng/F/2013,

dated 24-02-2014. Ex.R36 is the photocopy of right to

Information Commissioner Judgment order of case

No. 11197/Eng/F/2014. These documents would go to

show that the respondent corporation has taken several

disciplinary

action

against

the

petitioner

for

misbehavior and misconduct committed by him and

punishments were given to the petitioner.

10. From the evidence and pleadings of both the

parties it can be noticed that the following facts are

admitted by either sides that the petitioner was working

at the respondent corporation for about 25 years as

Conductor and he was working at Puducherry Depot

from 2005 as Conductor and he has applied for two

wage increments as he has completed Master’s degree in

M.A., Sociology at Annamalai University through

distance education and it is also not disputed by either

sides that the petitioner has applied for education

allowance for his daughter who studied B.E at Salem

Government College for the. period from 2006-2010

and the request of the petitioner was denied by the

respondent management stating that the financial crisis

existing in the respondent corporation. Further, it is not

disputed by the respondent corporation that the

petitioner has not applied with sufficient documents

for additional two increments for completion of his

degree and it is also not disputed by the respondent

management that the daughter of the petitioner has not

studied B.E., course at Salem Government College.

11. Now, it is the case of the petitioner though he is

entitled for two additional increments for the

completion of postgraduation of M.A. Sociology

under settlement arrived at between the parties in the

year 1989 and he is entitled for education allowance

for his daughter under settlement arrived at between

the parties in the year 2005 the respondent management

has refused to sanction the same even after giving

sufficient proof for completion of master degree in

M.A. Sociology and that his daughter has studied B.E

professional course from 2006 to 2010 at Salem

Government College. On the other hand, it is

contended by the respondent management that since

the petitioner has not completed M.A. Sociology

post graduation in the regular study and he has

completed the same through distance education, he is

not entitled for any increments.

12. On this aspect the evidence and documents are

carefully perused. From the documents filed by the

petitioner it is clear that workers who has completed

M.A. Sociology have to be given two additional

increments apart from the regular increments and it is

also agreed by the respondent corporation that they

have to give education allowance of ` 1,500 for one

of the child of the worker who studying professional

course. It is not disputed by the respondent management

that the daughter of the petitioner was not studying at

Salem Government College for the period from 2006

to 2010. The RW.1 who deposed on behalf of

Respondent Corporation has stated in his cross

examination as follows:

“

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









M.A.

Sociology





M.A.

Social

Work





















M.A. SocialogyM.A. Social Work-



776

LA GAZETTE DE L’ETAT

[26 June 2018























`

RTI



























`























`































”.

From the above evidence it is clear that the

petitioner has applied for two additional increments

for completion of his Master’s degree in Sociology as

per the 12(3) settlement executed in the year 1989 and

that there was a settlement under section 12(3) of the

Act arrived at between the management and the

majority union of the respondent corporation on

31-08-2005 wherein, the educational allowance was

enhanced from ` 1,000 to ` 1,500 to the children of

the workers of the respondent corporation and it is

also admitted by RW.1 who has deposed on behalf of

the respondent corporation that there is a settlement

that two additional increments have to be given to the

workers who have completed the postgraduation in

M.A., Social Work but, he denied the person who has

completed the postgraduation in M.A., Sociology is

entitled for such additional increments. As there is no

difference between M.A., Sociology and M.A., Social

work, it is clear that the petitioner is entitled for such

two additional increments from the date of his

completion of postgraduation. Furthermore, it is

admitted by RW.1 the witness who examined on behalf

of the management corporation that both the

applications filed by the petitioner for educational

allowance and two additional increments was replied

stating that financial position of the respondent

corporation is not possible to give such additional

increments and educational allowance to the petitioner

and therefore, the reason stated by the respondent

management for not giving additional increments to the

petitioner and not sanctioning educational allowance

to the petitioner on the ground that financial crises

was existing at the respondent Corporation cannot be

accepted and the respondent Corporation as agreed in

the 12(3) settlement is liable to pay such two

additional increments for the completion of his

Master’s degree in Sociology and wage revision to the

petitioner.

13. Furthermore, though, the respondent has filed

several documents to establish the fact that the

petitioner has committed misconduct and misbehavior

it would not restrain the petitioner to get the benefit as

per 12(3) settlement i.e., two additional increments

apart

from annual increment for the period from

September-2000 and to get the educational allowance

to his daughter for about four years from 2006 to

2010 and therefore, the case of the petitioner is clearly

established by him that he is entitled for two additional

increments as he has completed the postgraduation in

M.A.,(Sociology) and also entitled for educational

allowance for his daughter who has studied B.E from

2006 to 2010 at Government College, Salem and as

the worker of the respondent corporation, the petitioner

is also entitled for revision of wage as per the wage

settlements arrived between the employees and the

respondent management and that therefore, the

petitioner is also entitled for wage revision as per the

wage settlements arrived at between the respondent

corporation and its employment union and hence, it is

to held that the industrial dispute raised by the

petitioner against the respondent corporation over

non-payment of wage increments for completion of

postgraduation, financial assistance to his children and

revision of basic pay as per the wage settlement is

justified and the petitioner is entitled for the relief as

claimed by him in the claim petition.

777

26 June 2018]

LA GAZETTE DE L’ETAT

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

industrial dispute raised by the petitioner against the

respondent corporation over non-payment of wage

increments

for

completion

of

postgraduation,

financial assistance to his children and revision of basic

pay as per the wage settlement is justified and Award is

passed directing the respondent corporation to pay two

additional

increments

to

the

petitioner

from

September-2000 for completion of postgraduation

and also to pay children educational allowance to the

petitioner and also to give pay revision as per the

settlements arrived at between the management and its

employees union to the petitioner as claimed in the

claim petition. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 03rd day of March, 2018.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1

—28-03-2017 Vanajamunian

List of petitioner’s exhibits:

Ex.P1 —07-05-1990 Copy of transfer order of

the petitioner from Chennai

to Puducherry Depot.

Ex.P2

—

Copy of extract of clause

No. 73 at Page No.74 of

the book published by CITU

union

showing

salient

features

of

7th

12(3)

settlement book.

Ex.P3 —06-03-2009 Copy of request letter given

08-03-2011 by

the

petitioner

to

respondent for education

allowance to his daughter

(2

Nos.)

along

with

Provisional Certificate of

petitioner’s daughter for

BE (EEE).

Ex.P4

—

Copy of page No. 92 of the

book published by CITU

union on the 7th 12(3)

settlement between union

and respondent showing

details of two advance

increments for completion

of degree.

Ex.P5— 21-07-2004 Copy of request letter given

15-09-2004 b y p e t i t i o n e r t o t h e

19-10-2004 respondent to include his

16-12-2005 M.A., degree in his service

13-08-2006 r e c o r d s

a n d

h i s

postgraduation

degree

certificate with M.A degree

certificate (5Nos.).

Ex.P6 —22-08-2008 Copy of request letter sent

20-05-2012 by the petitioner to respondent

toward non-payment of his

two

years

ad vance

increments (2 Nos.).

Ex.P7 —

1995 to Copy of petitioner’s monthly

2015

Salary slips, showing non-

payment of mandatory 2

increments on completion

of postgraduation degree.

Ex.P8 —10-06-2008 Copy of request letter given

20-10-2008 by petitioner to respondent

for arrears of revision in

his salary as per 10th 12(30

settlement for the months

from September, 2007 to

January, 2008 (2 Nos.).

Ex.P9 —

Copy of wage settlement

arrear bill of petitioner

showing non-payment of

his basic wage as per the

10th 12(3) settlement from

September 2007 to January

2008 and comparative arrear

bill of Mr. Karunanidhi

showing payment of similar

wages to him. (2 Nos.).

Ex.P10—29-09-1998 Copy of relevant portion of

Tamil Nadu Governments

order vide G.O. No. 189 for

payment of interest.

Ex.P11 —22-01-2011 Copy of the 12(3) settlement

effective from 01-09-2010.

Ex.P12—13-04-2015 Copy of the 12(3) settlement

effective from 01-09-2013.

778

LA GAZETTE DE L’ETAT

[26 June 2018

Ex.P13—14-10-2015 Copy of letter given by

petitioner to respondent

seeking arrears in basic

wages as per respondent's

letter claiming payment of

basic wages.

Ex.P14—

August Copy of comparative, salary

2013 bill of Mr. Subramani showing

August payment of basic wages to

2015 him (2 Nos.).

Ex.P15—16-04-2008 Copy of RTI application

submitted by the petitioner

for seeking information for

non-payment of his two

advance increments along

with

reply

given

by

respondent, dated 07-05-2008.

Ex.P16—14-07-2008 Copy of RTI application

submitted by the petitioner

for seeking information for

non-payment of his two

advance increments along with

reply given by respondent,

dated 29-07-2008.

Ex.P17—27-09-2008 Copy of RTI application

submitted by the petitioner

for seeking information for

non-replying to his letter,

dated

22-08-2008

for

nonpayment of his two

advance increments along with

reply given by respondent,

dated 14-10-2008.

Ex.P18—03-12-2008 Copy of RTI application

submitted by the petitioner

for seeking information for

non payment of his two

advance increments along with

reply given by respondent,

dated 16-12-2008.

Ex.P19—30-12-2008 Copy of RTI application

submitted by the petitioner

for seeking information for

non-payment of his two

advance increments along with

reply given by respondent,

dated 06-01-2009.

Ex.P20—24-02-2009 Copy of RTI appeal filed

by the petitioner as against

the information furnished

for RTI application, dated

30-12-2008

along

with

reply given by respondent,

dated 27-02-2009.

Ex.P21—29-04-2009 Copy of RTI application

submitted by the petitioner

for seeking information for

non-payment of his two

advance increments along with

reply given by respondent,

dated 09-10-2009.

Ex.P22—15-12-2009 Copy of RTI application

submitted by the petitioner

fowl seeking information

regarding the person who

are all receiving the two

advance increments from

1989 along with reply given

by

respondent,

dated

07-01-2010.

Ex.P23—05-04-2010 Copy of RTI application

submitted by the petitioner

for seeking information for

educational allowance to his

daughter V.M. Sivasankari

along with reply given by

respondent, dated 03-05-2010.

Ex.P24—04-05-2013 Copy of RTI application

submitted by the petitioner

for seeking information for

non-payment of his two

advance increments along

with

reply

given

by

respondent, dated 30-05-2013.

List of respondent’s witness:

RW.1

—19-09-2017 Pradeep Vaseekaran

List of respondent’s exhibits:

Ex.Rl

—31-08-2014 Copy

of

authorisation

letter.

Ex.R2 —13-12-2011 Copy of letter of industrial

dispute

raised

by

the

petitioner

before

the

Office

of

the

Labour

Commissioner.

Ex.R3 —11-01-2012 Notice of remarks received

from the Labour Officer

(Conciliation), Puducherry.

779

26 June 2018]

LA GAZETTE DE L’ETAT

Ex.R4 —20-01-2012 Notice of remarks received

from the Labour Officer

(Conciliation), Puducherry.

Ex.R5 —26-04-2012 Photocopy

of

the

objections filed by the

opposite party before

the

Labour

Officer

(Conciliation), Puducherry.

Ex.R6 —31-08-2005 Photocopy of settlement

entered

under

section

12(3) of the Industrial

Disputes Act, 1947.

Ex.R7 —06-02-2008 Photocopy of settlement

entered

under

section

12(3) of the Industrial

Disputes Act, 1947.

Ex.R8 —22-01-2011 Photocopy of settlement

entered

under

section

12(3) of the Industrial

Disputes Act, 1947.

Ex.R9 —13-04-2015 Photocopy of settlement

entered

under

section

12(3) of the Industrial

Disputes Act, 1947.

Ex.R10—21-01-2002 Photocopy

of

the

Government order issued by

the

Finance

(BPE)

Department.

Ex.R11—05-08-2017 Attendance and LLP detail

extract of the petitioner

from

January-1999

to

July-2017.

Ex.R12—05-08-2017 N.Q.D. statement of the

petitioner from 1989 to

January-2015.

Ex.R13—03-11-2005 Photocopy of punishment

order issued to petitioner.

Ex.R14—03-07-2006 Photocopy of punishment

order issued to petitioner

(No. 510).

Ex.R15—03-07-2006 Photocopy of punishment

order issued to petitioner

(No. 512).

Ex.Rl6 —09-08-2006 Photocopy of punishment

order issued to petitioner.

Ex.R17—04-11-2011 Photocopy of punishment

order issued to petitioner.

Ex.R18—23-11-2015 Photocopy of order issued

to petitioner.

Ex.R19—03-05-2016 Photocopy of second

show cause notice issued

to petitioner.

Ex.R20—17-06-2016 Photocopy of order.

Ex.R21—28-06-2016 Photocopy of order issued

to petitioner.

Ex.R22—28-06-2016 Photocopy of second show

cause

notice

issued

to

petitioner.

Ex.R23—01-07-2016 Photocopy of order issued

to petitioner.

Ex.R24—April-2016 Photocopy of order issued

to petitioner.

Ex.R25—05-05-2016 Photocopy of punishment

order issued to petitioner.

Ex.R26—17-05-2016 Photocopy of revised order

issued to petitioner.

Ex.R27—24-08-2016 Photocopy of acknowledgement

of receipt of service record

copy by the petitioner.

Ex.R28 —

Photocopy of extract of

service

record

of

petitioner.

Ex.R29— June-2017 Photocopy of salary receipt

of the petitioner.

Ex.R30— July-2017 Photocopy of salary receipt

of the petitioner.

Ex.R31—

August Photocopy of salary receipt

2017 of the petitioner.

Ex.R32 —

Photocopy of the wage

settlement arrear bill for

period from 09-2007 to

01-2008 for the petitioner.

Ex.R33—22-11-2000 Photocopy of punishment

order issued to petitioner.

Ex.R34—20-03-2013 Photocopy of revised order

issued to petitioner.

Ex.R35—27-02-2014 Photocopy

of

right

to

Information Commissioner

Judgment order of case

No.

l9216/Eng./F/2013,

dated 24-02-2014.

Ex.R36—02-06-2015 Photocopy

of

right

to

Information Commissioner

Judgment order of case

No. 11197/Eng./F/2014.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

780

LA GAZETTE DE L’ETAT

[26 June 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 57/Lab./AIL/T/2018,

Puducherry, dated 9th April 2018)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 83/2012, dated

6-3-2018 of the Labour Court, Puducherry, in respect

of the Industrial Dispute between Management of

M/s. Cannanore Spinning & Weaving Mills, Pallore,

Mahe and Rajiv Ji Memorial Trust, Kannur, over

termination of the services of Thiru R.K. Manoharan-

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 6th day of March, 2018

I.D. (L) No. 83/2012

1. The Chairman,

Rajiv ji Memorial Trust (S.C. and S.T),

Zam Zam Complex. South Bazar

Kakkad Road, Kannur.

2. Manoharan R.K.

. . Petitioners

Versus

The General Manager,

M/s. Cannanore Spinning and Weaving Mills,

(A Unit of National Textile

Corporation Limited, New Delhi),

Pallore–673 333, Mahe, Puducherry. . .

Respondent.

This industrial dispute coming on 28-02-2018 before

me for final hearing in the presence of Tvl. M.D. Thomas,

Advocate for the petitioner and Thiru T.C. Valsarajan.

Advocate for the respondent, upon hearing both sides,

upon perusing the case records, after having stood over

for consideration till this day, this Court passed the

following:

AWARD

1. This Industrial Dispute has been referred by the

Government as per the G.O. Rt. No. 30/AIL/Lab./J/2011,

dated 07.02.2011 for adjudicating the following

(a) Whether the dispute raised by the Rajiv ji

Memorial Trust, Kannur, against the management

of M/s. Cannanore Spinning and Weaving Mills, Pallore

over termination of the services of Thiru R.K. Manoharan

is justified or'not?

(b) If justified, what relief the petitioner is

entitled to?

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

terms of money if, it can be so computed?

The above reference originally taken on file by the

Sub-Court at Mahe which was being functioned as

Labour Court in I.D. No. 01/2011 and subsequently,

when this Industrial Tribunal-cum-Labour Court established

in the year 2012, the case has been transferred to this

Court and this case was taken on file by renumbering

it as I.D. (L) No. 83/2012.

2. The averments in the claim statement of the first

petitioner, in brief, are as follows :

The first petitioner is a trust, constituted for the

purpose of upliftment and protection of its members

belonging to SC and ST community. The representation

was submitted by the second petitioner regarding the

denial of his employment by the respondent. The second

petitioner joined in the service under respondent

management as an employee Muster Roll No. 59 in the

simplex department on 16-04-1977. The respondent

management has not given proper protection of

employment to the second petitioner and also he was not

approved as a permanent employee. When the second

petitioner enlightened his eligibility to become a

permanent employee the respondent instead of appointing

him as a permanent employee, terminated him from

service violating all norms and rules of natural justice.

Since, the second petitioner belongs to Malayan

Community which is a Scheduled Caste in Kerala State he

is entitled to protection of employment. The respondent

was reluctant make the second petitioner as a permanent

employee though, he is having 17 years service. There

is a caste discrimination shown towards second

petitioner by the respondent. The respondent is not

complying the reservation guaranteed to the persons

belonging to the Schedule Caste and Schedule Tribe. The

second petitioner was terminated from service on 10-02-1994

and subsequently, he was permitted to work as a Gate

Badali with effect from 20-09-2004. Eventhough,

781

26 June 2018]

LA GAZETTE DE L’ETAT

the second petitioner had worked as Gate Badali, the

respondent has not provided sufficient daily work to him

with a view to gradually remove the second petitioner

from the position of Gate Badali. Subsequently, the

respondent removed the name of the second petitioner

from the Badali register in the month of June 2010

without affording an opportunity to hear the side of the

second petitioner. The respondent has not issued any show

cause notice or conducted any enquiry against second

petitioner in order to terminate him from the service.

The respondent acted without any legal basis and

manipulated and fabricated documents which are in the

custody of the respondent with a view to deny the

employment of second petitioner. Therefore, the first

petitioner prayed this Court to pass an Award directing

the respondent to reinstate the second petitioner as a

permanent employee in simplex department and to direct

the respondent to pay the arrears of salary and other

benefits from 10-02-1994 till the date of reinstatement.

3. The averments in the claim statement of the

second petitioner, in brief, are as follows :

The second petitioner joined in the service under

respondent management as an employee Muster Roll No.

59 in the simplex department on 16-04-1977. The

second petitioner belongs to Schedule Caste community

and appointed under reservation of the said category and

he worked under the respondent with full honest and

sincerity. The second petitioner was not made permanent

and hence, he submitted the said fact before the

respondent. The respondent management instead of

appointing him as a permanent employee terminated him

from service in violation of all norms of natural justice.

The second petitioner belongs to Malayan Community

which is a Scheduled Caste in Kerala State and hence, he

is entitled to protection of employment. The respondent

shown caste discrimination towards the second petitioner

and only on that count he was denied employment.

The second petitioner was terminated from service

on 10-02-1994. The said order of termination was

challenged by the second petitioner and an application

was

submitted before the Labour Department,

Puducherry. It was ordered by the Labour Court to

reinstate the second petitioner but, the respondent for one

or other reason best known to them deliberately not

reinstated him. Subsequently, the second petitioner was

permitted to work as a Gate Badali with effect from

20-09-2004. Eventhough, the second petitioner had

permitted to work as a Gate Badali. the respondent has not

provided sufficient daily work to him with a view to

gradually remove him from the position of Gate Badali.

The respondent removed the name of the second

petitioner from the Badali register in the month of June

2010 without affording an opportunity to hear the side

of the second petitioner. The respondent done all the

atrocities against the second petitioner without any legal

basis. The action of ihe respondent is highly illegal and

arbitrary. The respondent have manipulated and fabricated

documents in order to deny the legitimate right of the

second petitioner. Hence, the second petitioner is

entitled to reinstating as permanent employee in simplex

department and therefore, prayed this Court to pass an

Award directing the respondent to reinstate the second

petitioner as a permanent employee in

simplex

department and to direct the respondent to pay the arrears

of salary and other benefits from 10-02-1994 till the date

of reinstatement.

4. The brief averments in the written statement filed

by the respondent are as follows:

The respondent denied the entire allegations and

averments as contained in ihe claim petition and stated

that the petitioner was a permanent employee of the

respondent Mill and none of the officials of the

management has shown any caste discrimination either

against claim petitioner or against other workers in the

Mill. The action was taken by the management only due

to the absence in the duty on the part of the claim

petitioner. The claim petitioner was a chronic and habitual

absentee in duty. Because of this, the then management

reverted him to Badali as a disciplinary measure under

clause 11 (1) of the Mill Standing Order as per Office

Order No. 3486, dated 09-11-1992. The said fact was

also well known to the claim petitioner who accepted the

same and worked as Badli. The claim petitioner was also

given warning that his name will be removed from Badali

register, in case he could not complete 70 days of

attendance within 3 months from 09-11-1992 onwards.

The claim petitioner was irregular in duty and he

continued his habit of absence in duty and he was not

attending even a single day work from January 1994 to

10-02-1994. As per the order, dated 10-02-1994, he was

removed from Badali register from 10-02-1994 because,

he was continuously absent from January 1994 to 10th

February 1994. As per section 2A or 2(k) of Industrial

Disputes Act either the first petitioner or the second

petitioner have no right to file a claim petition or to

raise an industrial dispute before any forum. Therefore,

the issue in the claim petition cannot be decided before

this Court. The Labour Court is not having jurisdiction

to entertain this claim petition. As no claim petition was

filed by the claim petitioner defore raising of dispute,

there is no industrial dispute in existence and the

reference to this Court is bad in law and hence,

782

LA GAZETTE DE L’ETAT

[26 June 2018

this proceedings is not maintainable. The first petitioner

is not having any connection with this respondent and is

not a trade union. The first petitioner has no right to

represent before any Labour Court as per law. As per

section 2A or 2(c) of the Industrial Disputes Act, no right

is available a single work man to raise a dispute in the

given circumstances. The claim petitioner had challenged

the order of the management, dated 10-02-1994 before

the Assistant Labour Inspector, Mahe. Consequent to the

petition, there was an agreement signed by the claim

petitioner and management before the Assistant Labour

Officer, Mahe on 14-09-1994 and in that agreement, the

claim petitioner had been reinstated as trained Gate Badli

with effect from 28-09-1994. Evenafter, the agreement

the claim petitioner had never improved his attendance

in duty and he was a chronic and habitual absentee in

duty. The claim- petitioner was permitted to do work as

and when he was present. But, the claim petitioner had

never improved his attendance in duty and he was a

chronic and habitual absentee. Evenafter, the agreement,

the claim petitioner had never improved his attendance

and he has not shown even a sign of improvement and

he continued to be a chronic and habitual absentee. The

claim petitioner is working at All India Radio as a Tabala

Artist and he is attending there regularly and he

occasionally comes to the Mill. The continuous absence

in duty is highly detrimental to the running of the Mill.

The action taken by the Mill is honest, bona fide and fully

justified in the facts and circumstances of the matter.

Even now, on 13-10-2011 the name of the claim

petitioner is borne in trained Gate Badli records and

register and his name is not removed even now. He will

be given work in the Mill as and when there is work to

be allotted to him and the petitioner is present on such

days on which work is available to be allotted to him.

Hence, there is no subject at all to be decided by this

Court as there is no pending dispute in the matter. No

claim petition could be legally filed directly before the

Court as there is no provision for the same in any of the

nature. Hence, the above proceeding is not maintainable.

The claim petitioner is not entitled to get any relief as

prayed in the claim petition. Therefore, prayed this Court

to dismiss the claim petition.

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

petitioner WW.1 and WW.2 were examined and Ex.P1

was marked. However, evenafter granting sufficient

opportunities WW.2 has not turned up before this Court

for subjecting himself for cross-examination of

respondent side and hence, the oral evidence of WW.2

and Ex.P1 marked through WW.2 was eschewed by this

Court. On the side of the respondent RW.1 was examined

and Ex.R1 was marked. Both sides are heard. The

pleadings of 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 argument notes

was filed and the same was carefully considered. In

support of his case, the learned Counsel for the

respondent has relied upon the order passed in W.P. No.

33756 of 2012 and M.P. Nos. 2 of 2012 and 1 of 2013-

All India General Insurance Obc Vs. United India

Insurance Company.

6. The point for consideration is:

Whether the dispute raised by the first petitioner

against the respondent management over termination of

the services of Thiru R.K. Manoharan the second

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

relief entitled to the said R.K. Manoharan?

7. It is the evidence of WW.1 that the second

petitioner joined in the service at the respondent

establishment on 16-04-1977 and his muster roll number

is 59 and he was appointed under reservation of the

Schedule Caste community category and that the second

petitioner was not made permanent by the respondent

management and hence, he has asked the management to

give permanent status and instead of appointing him as a

permanent employee, the respondent management

terminated him from service without following the

principles of natural justice and that the second petitioner

is a protected employee as he belongs to Scheduled Caste

in Kerala and only on the caste discrimination the second

petitioner was denied employment on 10-02-1994 and

hence, he raised the Industrial Dispute before the Labour

Department, Puducherry and even then the respondent

management has not reinstated the second petitioner and

only permitted the second petitioner to work as a Gate

Badali and thereafter, the respondent has not provided

sufficient daily work to the second petitioner with a view

to gradually remove the second petitioner from the

position of Gate Badali and that the name of the second

petitioner was also removed from the Badali register in

the month of June-2010 without affording an opportunity

to hear his side and that therefore, the termination made

by the respondent is highly illegal and arbitrary and the

respondent have manipulated and fabricated documents

in order to deny the legitimate right of the second

petitioner. In support of his oral evidence, no document

has been exhibited by WW.l to corroborate the case of

the petitioners.

8. It is the evidence of RW.l that the second petitioner

is not entitled for protection of employment and the

respondent has not shown caste discrimination towards

the second petitioner and the second petitioner was

783

26 June 2018]

LA GAZETTE DE L’ETAT

a chronic and habitual absentee in duty and therefore, the

management has reverted him to Badali as a disciplinary

measure under clause 11 (1) of the Mill standing order

on 09-11-1992 and that after giving warning letter, the

name of the second petitioner was removed from Badali

as he has not completed 70 days of attendance within

3 months from 09-11-1992 onwards and the second

petitioner was irregular in duty and was continuously

absent from January 1994 to 10-02-1994 and his name

was removed from Badali register from 10-02-1994 and

the second petitioner had been reinstated as trained Gate

Badli with effect from 28-09-1994 as per the agreement

made between the management and the second

petitioner on 14-09-1994 and the second petitioner had

never improved his attendance in duty and he was a chronic

and habitual absentee in duty and that the first petitioner

is not having any right to represent before the Labour

Court as it is not a trade union and as per the provision,

a single workman cannot raise the industrial dispute and

that the second petitioner is not entitled for any relief

as claimed by him and that the RW.l has denied the other

evidence of PW.l and in support of his evidence the RW.l

has exhibited the copy of the standing order of the

respondent Mill.

9. From the pleadings and evidence of both the parties

it is clear that the following facts are admitted by either

side that the second petitioner had been in service at the

respondent establishment and he was terminated from

service on 10-02-1994 against which the second

petitioner has raised the Industrial Dispute before the

Conciliation Officer wherein, both the parties have

agreed and the respondent management has accepted to

reinstate the second petitioner as a trained Gate Badly

with effect from 28-09-1994 and that the second

petitioner was permitted to work as a Gate Badli by the

respondent and thereafter, action was taken by the

respondent management in the year 2010 for the absence

of second petitioner who has raised the Industrial

Dispute before the

Conciliation

Officer and the

conciliation was failed and thereafter, the Government

has made the reference to this Court to adjudicate the

dispute.

10. It is the case of the petitioners that the second

petitioner was terminated from service on 10-02-1994

and the second petitioner has and subsequently, the second

petitioner was permitted by the respondent to work as a

Gate Badli and the respondent removed the name of the

second petitioner from Badli register in the month of

June-2010 without giving opportunity to the second

petitioner and that the second petitioner is entitled for

reinstatement and for back wages.

11. It is the contention of the respondent management

that first petitioner is not the union registered under the

Trade union Act and it is only the trust and hence, it

cannot raise the Industrial Dispute and as the first

petitioner is not registered under the Trade Union Act,

it cannot represent the second petitioner and in support

of his contention the learned Counsel for the respondent

has relied upon the order passed by the Hon'ble High

Court of Madras in W.P. No. 33756 of 2012 and M.P.

Nos. 2 of 2012 and 1 of 2013, wherein, it has been held

that,

''.............For the purpose of representing the

workmen, a group must first of all get itself registered

under the Trade Union Act and thereafter, seek for

recognition as held by the Supreme Court in Food

Corporation of India Staff Union Vs. Food Corporation

of India reported in 1995 Supp (1) SCC 678...."

From the above observation it is clear that registered

Trade Union can represent the workmen. In this case apart

from the first petitioner the second petitioner also has

filed a claim statement. Further, from the reference it is

clear that the plea of the respondent that the first

petitioner is not a registered union and has no locus

standi to raise the dispute has not been taken up before

the Conciliation Officer who has sent the failure report

to the Government and further, the first petitioner also

is a registered trust under the Act and it can represent

the petitioner worker as it has got interest over the

employees and therefore, the contention of the

respondent management that the first petitioner has no

locus standi to raise the Industrial Dispute for the second

petitioner is not sustainable and it cannot be accepted and

therefore, it is to be held that the Industrial Dispute

raised by the second petitioner though, first petitioner

is sustainable.

12. The second contention of the respondent

management is that the second petitioner was a chronic and

habitual absentee in duty and action was taken by the

management and the management reverted him to Badly

as a disciplinary measure under section 11(1) of the standing

order of the Mill, the Ex.R1. It is learnt from claim petition

filed by the second petitioner that after he was terminated

from service on 10-02-1994, he challenged it before, the

Labour Department and then on agreement entered between

the parties, he was permitted to work as a Gate Badly. From

the admission of the respondent management it is clear that

the second petitioner is the employee who had been in

service as a permanent worker at the respondent

establishment and subsequently, he was reverted to Badly

worker in the year 1994 and it is not disputed by the

respondent management that the second petitioner had not

been in service from 16-04-1977 at the respondent

784

LA GAZETTE DE L’ETAT

[26 June 2018

establishment. These facts would go to show that the

second petitioner was in service at the respondent

establishment from 1977 and after 15 years he was reverted

back as Badli worker against which the second petitioner

has raised the Industrial Dispute before the Conciliation

Officer wherein, it was agreed by the respondent

management to reinstate the second petitioner with effect

from 28-09-1994. Though, the respondent management has

contended that the second petitioner was not a permanent

employee of the respondent Mill it is not denied by the

respondent management that the second petitioner has

joined at the respondent establishment in the year 1977 and

he had been service for about 15 years while he was reverted

back as a Badli worker and it is stated by the respondent

management that the second petitioner has not turned up for

work since from June 2010 and however, it was admitted

by RW.1 that till 13-10-2011, the name of the second

petitioner was borne in trained Gate Badli register and his

name has not been removed from the said register even now.

These facts would go to show-that the second petitioner was

in service at the respondent establishment for about

15 years and thereafter, he was reverted as Badli and

subsequently, his name was removed from Badli register in

the month of June-2010 without affording any opportunity

to the second petitioner and thereafter, the first petitioner

as well as the second petitioner has raised the Industrial

Dispute over non-employment of the second petitioner and

for other reliefs. Though, it was stated by the respondent

in the counter that consequent to the petition, there was an

agreement signed by the claim petitioner and management

before the Assistant Labour Officer. Mahe on 14-09-1994

wherein, the claim petitioner had been reinstated as trained

Gate Badli with effect from 28-09-1994 to establish the

same no such agreement was exhibited before this Court

by the respondent.

13.

Further, though, the petitioners had not been

exhibited any documents to prove that the second

petitioner had been in service at the respondent

establishment for about 15 years, then he was reverted by

the management and thereafter he was permitted to work

as Badli, it is admitted by the respondent management

that the second petitioner had been in service at their

establishment and he was reverted back as a Badli Worker

and subsequently, the dispute was arose between the

parties. Further, the respondent management witness

RW.l has stated in his cross examination as follows:

"I do not know the date of appointment of the

petitioner. I have verified the service records of the

petitioner. The petitioner was the permanent

employee thereafter, he was reverted as Badali worker.

It is suggested by the petitioner that the petitioner had

joined on 16-04-1977 at our establishment in simplex

department in master roll No. 59 is denied by me

since I do not know the exact date of appointment.

I could not admit or deny the above facts since, I did

not go through, the records and so far, I have not

verified the records. I do not know the exact date of

termination. If, the employee belonging to Scheduled

Caste, he is entitled for protection. But, I do not know

whether, the petitioner is belonging to Scheduled

Caste or not. We have not received any certificate

from the petitioner that he is belonging to Scheduled

Caste. We did not conduct any domestic enquiry to

terminate the petitioner from service. As per the

certificate produced before this

Court by the

petitioner as Ex.P1.

I cannot confirm that the

petitioner belongs to Scheduled Caste. The certificate

is issued by Tahsildar, Thalassery.

Before, the

petitioner was reverted as Badali Worker from the

permanent service. I do not know whether there was

any domestic enquiry conducted by the management

or not. It is suggested by the petitioner, I am not able

to say anything about the petitioner. Since, I have

not produced any records is denied by me. The

suggestion that we have not conducted any proper

enquiry against the petitioner before terminating the

petitioner is denied by me".

From the above evidence, it is clear and corroborated

by RW.1 that the second petitioner had been in

service at the respondent establishment as a permanent

worker and subsequently, he was reverted back as Badli

Worker and that the respondent management has not

conducted any domestic enquiry against the second

petitioner for the misconduct of unauthorised absence

before terminating the second petitioner from service

and even they have not issued any show-cause notice or

charge-memo.

regarding the alleged

unauthorised

absence claimed by the respondent management in their

counter and therefore, from the evidence of RW.1 it is

corroborated that the second petitioner had been in

service at the respondent establishment as a permanent

worker from

16-04-1977 and without conducting

enquiry and without giving opportunity, the second

petitioner was terminated from service.

14. Further, except the said standing order no

document is exhibited before this

Court

by the

respondent management to establish that opportunities

were given to the second petitioner before reverting him

as a Badli Worker though, he had been in service for

about 15 years at the respondent establishment and to

establish that the second petitioner has committed

unauthorized absence from duty. Admittedly, no domestic

enquiry was conducted by the respondent management

785

26 June 2018]

LA GAZETTE DE L’ETAT

before removing the name of the second petitioner from

the Badli register and it is also not established by the

respondent management that the second petitioner was

in continuous absence in attending the duty by filing the

attendance register before this Court and that therefore,

it is to be inferred that the second petitioner has not

committed any misconduct of unauthorised absence and

hence, it is decided that the industrial dispute raised by

the first petitioner against the respondent management

over termination of the services of second petitioner is

justified.

15. As this Court has decided that the industrial dispute

raised by the first petitioner against the respondent

management over termination of the services of second

petitioner is justified, it is to be decided whether the

second petitioner is entitled for reinstatement as claimed

by the petitioners. It is learnt from the records the

deposition which was eschewed by this Court that the

second petitioner

might have attained the age of

superannuation and therefore, now, the second petitioner

could not be reinstated by the respondent management.

Considering the facts and circumstances of this case and

considering the age of the second petitioner, the order of

reinstatement would not be passed by this Tribunal and

hence, compensation has to be fixed tentatively. Therefore,

considering the above-facts and circumstances and the long

period of litigation pending before this Tribunal, this

Tribunal is inclined to pass an Award directing the

respondent management to pay the compensation of

` 3,00.000 (Rupees three lakhs only) to the second

petitioner for the unlawful termination of his service.

16. In the result, the petition is allowed and the

industrial dispute raised by the first petitioner against

the respondent management over termination of the

services of second petitioner Thiru R.K. Manoharan is

justified and Award is passed directing the respondent

management to pay the compensation of ` 3.00,000

(Rupees three lakhs only) to the second petitioner for

the unlawful termination of his service. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 06th day of March, 2018.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witnesses:

WW.1 —09-02-2012 — Lakshmanan Panakkadan

WW.2 —09-02-2012 — R.K. Manoharan

(eschewed)

List of petitioner’s exhibit:

Ex.P1 — 12-01-2012 — True copy of community

(eschewed)

certificate

issued

by

Tahsildar, Thalassery to

the second petitioner

R.K. Manoharan.

List of respondent’s witness:

RW.1 — 16-02-2018— S.S. Vasan

List of respondent’s exhibit:

Ex.R1 — 1967

— Copy of Standing Order,

Cannanore Spinning and

Weaving Mill Limited,

Unit No. 11.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

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