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.. 834

Sentence arbitral du Travail

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Award of the Labour Court

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de Tribunal.

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.. 846

Notifications du Gouvernement .. 846

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.. 852

Avis d’Adjudications

.. 852

Tender Notices

.. 852

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.. 855

Annonces

.. 855

Announcements

.. 855

[ 833 ]

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2018 }

|

10 {

No.

28

Poudouchéry

Mardi

10

Juillet

2018 (19 Asadha 1940)

No.

Puducherry

Tuesday

10th

July

2018

834

LA GAZETTE DE L’ETAT

[10 July 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 59/Lab./AIL/T/2018

Puducherry, dated 11th April 2018)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 21/2007, dated

28-2-2018 of the Labour Court, Puducherry in respect

of the industrial dispute between Management of

M/s. Somkan Marine Foods Limited, Yanam and

Thiru K.S. Chakravarthy, Yanam over non-employment

of 8 workers viz. Tvl. 1. K. Srinivasa Rao, Electrician,

2. K. Ganapathi Rao, Electrician, 2. Md. Ali, Paking Helper,

4. M. Venkanna Babu, Packing Helper, 5. B. Namasivaya,

Stores Assistant, 6. K. Ravibabu, Lab Assistant,

7. V.V.V.S.N. Swamy, Welder, 8. M.C.C. Srinivasa Rao,

Maintenance Assistant 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.

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.

Wednesday, the 28th day of February, 2018

I.D. (L) No. 21/2007

K.S. Chakravarthy,

The President,

Somkan Staff and Workers Union,

Regd. No. 1444/RTU/2006,

8-321, 1st Cross Road,

Zicria Nagar, Yanam-533 464.

. . Petitioner

Versus

1. The Managing Director,

M/s. Somkan Marine Foods Limited,

Adavipolam, Yanam.

2. Kotak Mahindra Bank Limited,

Represented by its Authorised Signatory,

Mumbai.

3. The Standard Chartered Bank,

Represented by its Authorised Signatory,

Mumbai - 400 001.

4. The Managing Partner,

M/s. Image Feeds,

D.No. 5-1-063, Adavipolam,

Yanam.

. . Respondent

This Industrial Dispute coming on 30-01-2018

before me for

final

hearing

in

the

presence

of Thiru R.S. Zivanandam, Advocate for the petitioner

and Tvl. L. Sathish, S. Ulaganathan, 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. 72/2007/Lab./AIL/J,

dated 28-03-2007 for adjudicating the following:—

(i) Whether the dispute raised by the President

of Somkan Staff and Workers Union (Regd. No. 1444/

RTU/2006), Yanam over the non-employment of

8 workers viz., Tvl. K. Srinivasa Rao, Electrician,

2. K. Ganapathi Rao, Electrician, 3. Md. Ali, Packing Helper,

4. M. Venkanna Babu, Packing Helper, 5. B. Namasivayya,

Stores Assistant, 6.K. Ravibabu, Lab Assistant,

7. V.V.V.S.N. Swamy, Welder, 8. M.C.C. Srinivasa Rao,

Maintenance Assistant is justified or not?

(ii) To what relief they are entitled to?

(iii) 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 union, in brief, are as follows:

The petitioner union is functioning at Yanam and it

is a registered union. The members of the union are

workers of first respondent establishment. The

petition mentioned workers are working in the industry

under various categories from the year 2001. The

petition mentioned workers were not been informed

that they are casual workers of the industry. The

respondent with arbitrary power kept the workmen at

his mercy depriving of the appointment orders, status

and privileges of the permanent workmen and such act

come under unfair labour practice on part of the

respondent as per the provisions of the Industrial

Dispute Act. Therefore, the 8 workmen along with

835

10 July 2018]

LA GAZETTE DE L’ETAT

some

other

union

members

submitted

one

representation to Conciliation Officer to obtain

minimum benefits. Thus the workmen caused the

displeasure of the employees and they had terminated.

They were terminated from 20-07-2006 by the

respondent without any rhyme or reason which is

against Natural Justice. Therefore, they have to be

reinstated with back wages. The petitioner union raised

a conciliation of Industrial Dispute on 21-07-2006.

On receipt of the representation, the conciliation was

initiated and ended in a failure. No charges were

framed against any of the workers before their

dismissal from the service of the company nor were

any of them given a reasonable opportunity to explain

their circumstances alleged against them. Therefore,

there has been contravention of the principles of

Natural Justice. Hence, dismissal is bad, not justified

and should be liable to be set aside. The first

respondent employed more than 100 workmen and they

come under the definition of Industrial Employment

(Standing orders) Act to regulate the conditions of

discharge, disciplinary etc., of the workmen employed

in the Industry. The number of workmen employed in

the industry during the period was 132 employees for

the year 2001-2002 and 135 workers for the year

2002-2003. This was submitted by the enquiry report

of the Commissioner E.P.F. Therefore, prescribed

model standing orders shall be deemed to be adopted

in the industry. The punishment against 8 workmen

completed contradicting model standing orders.

Therefore, the act of the employer was actuated by

mala fides. No workers have rejected and refused to

regularise their service. The appointment orders had

either not been refused or rejected. The draft

appointment orders on white papers without date and

date of appointment were only has declined to accept

as out spoken conciliation. The workers had no

intentions to work or continue to work in the company

is not justified. It is most arbitrary. The management

has failed to produce registers of wages, muster roll

and other registers to substantiate their contention that

the workers are casual workmen. Finding report of the

Commissioner E.P.F suggests that the workmen are

working since 2001. There are no lapses in their

service since joining. The management did not deny,

they are not employed in work. Therefore, the

petitioner union members are the regular workers of

the management and they cannot be simply terminated.

3. The brief averments in the counter and

additional counter filed by the first respondent are

as follows :

The respondent emphatically denied the averments

in the claim petition and stated that the petitioner

union is a minority union and does not represent any

other worker except the 8 temporary casual workman

listed in claim petition. The union is not authorised by

its general body to raise the present industrial dispute

therefore, the union does not have the right to file the

present claim petition. On these preliminary grounds

the claim petition is liable to be dismissed. There are

other industrial disputes raised by other casual

workers of the respondent which are pending before

this Hon’ble Court. They are I.D. 29/06, I.D. 06/ 07,

I.D. 19/07, I.D. 17/ 07, I.D. 16/07, I.D. 26/ 07, I.D. 32/ 07

and I.D. 3/2008. In I.D. 29/06 the claim statement

was filed on 23-02-07, but, Mr. Chakravarthy has not

signed the claim petition, instead some other

individual whose name is not mentioned in the said

claim petition has filed the same. Similarly I.D. 3/2008

is filed by one Mr. Nageswararao, claiming himself to

be the President of the same Union, the other

industrial disputes in I.D. 06/07, 19/07 are filed by

individual workers. There cannot be two or more

Presidents for one union which shows that neither

Mr. Charkravarty nor any other person has any authority to

raise the present industrial dispute as the Union itself

is defunct and is not in existence. The Union therefore,

cannot covert an individual dispute into an industrial

dispute by espousing the cause of the workers, who

have not authorised the Union to represent them. The

petitioner union is relying solely upon the report of

Enforcement Officer of EPF, Rajamundry, to claim

that they are the employees of respondent

organization. The Enforcement Officer's report is

challenged by Respondent in an enquiry proceeding

No. 248/2007 before the Assistant P.F Commissioner.

Even the said enquiry was not conducted in a free and

fair manner and therefore, the respondent had to seek

for judicial intervention by filing Writ Petition No.

14506/2006 and 17714/2006 before the Hon'ble High

Court of Andhra Pradesh where the gross illegalities

committed by the Assistant P.F. Commissioner

Rajamundry were seriously reprimanded by the

Hon'ble High Courtand, the assessment based on that

was cancelled by ordering a reenquiry by the Authority.

Therefore, the petitioner union is not entitled to rely

upon the said report. The genuineness and veracity of

the Enforcement Officer’s report, dated 29-06-2006 is

itself sub-judis before a quasi judicial forum and

unless the report’s validity is upheld by appropriate

forum, no reliance can be placed upon the said report

by the petitioner to seek employment or any other

benefit under the same. The EPF Enforcement Officer's

report, dated 29-06-2006 is primarily based on a

general insurance policy taken by the respondent

on 25-08-2001. In the year 2001 the Respondent

employeda Personnel Officer, by name Mr. P.V. Acharyulu

836

LA GAZETTE DE L’ETAT

[10 July 2018

who was forced to resign from M/s. Siris Agro

Limited, Meftakur, Yanam. Along with him the said

Personnel Officer brought some workers from the said

Company who were also terminated for various

misconducts. The respondent then did not know the

background of the said workers and employed around

30 workers on purely seasonal as contract jattu labour

for a period of about 3 months. The workers so

employed were all taken as Jattu workers strictly for

the period of about 3 months. All the workers were

paid on daily rated basis. In order to provide some

social security to the workers employed, the respondent

took Janata Insurance Policy with M/s. National

Insurance Company, Yanam, with noble intentions of

providing monetary reliefs to those temporary jattu/

casual workers who would get injured during the course

of employment besides persons engaged by vendors

and handling agents of the job work giving company.

Since, the minimum statutory period accident policy

with any Insurance Company was one year, the

respondent was forced to take the said policy for one

year. By no stretch of imagination can it be said that

since the policy was for one year, the workers whose

names also are found in the said list of Janata Policy

were employed for that whole year. The initial period

of three months, the respondent suspended its

operations in the month of November 2001 and

discharged all these workers. The factum of suspension

of operation was also intimated to the Labour Department.

Thereafter, again for the next season of three months

starting from June 2002, the respondent availed the

services of some jattu workers. As matter of routine

the said policy was also renewed for the next year. The

workers whose names are found in the Insurance Policy

list were engaged only on temporary basis in the year

2001-2002 and 2002-2003 for a period of three

months i.e., from September to November 2001 and

again from June to August 2002 for purposes of

meeting seasonal demands. Because of its internal

administrative problems the management cut its

operation and production for nearly three years from

March 2003 to January 2006. During the period when

there was no production, the respondent discharges all

its casual/jattu workers. Even when the unit was closed

due to lack of job work orders, some employees were

kept on roll for the purposes of maintenance of

machineries and equipments. The application by the

petitioner union was made on behalf of the 8 Workers

who actually rejected and refused order of permanent

employment. By refusing to accept the order of

permanent employment, the petitioners’ intention is

other than for any relief under the industrial dispute.

More than 59 number of workers have fortified the

contention of the respondent that they were employed

only from January 2006, which is evidenced by the

affidavits filed by those workers. There is absolutely

no clue as to what basis the P.F. Enforcement Officer

has ascertained the dates of joining of the 97 workers

mentioned in his chart including that of petitioners.

Infact, the Enforcement Officer has verbatim accepted

the version of petitioner Union, including the dates

given by them as date of their joining without asking

for any further evidences of employee - employer

relationship for any ulterior reasons. The Enforcement

Officer has only acted as mouth piece of the union and

has without any basis accepted the contentions of the

so called union. The entire report together with the

methodology adopted by the Enforcement Officer in

deciding the number of employees of the respondent

company ordered to be reviewed and re assessed and

there is every chance of the said report being rejected

in full in appropriate forum. All the petitioner jattu/

contra workmen were appointed for casual work needs

except one contract workman Mr. B. Namassivaya who

is employed from March 2004 till he rejected offer

permanent employment in the Company. The

petitioners, who claims that they have been working in

respondent's company is bound to prove by concrete

documentary evidence to support their case and cannot

rely upon the report of Enforcement Officer. By

application of section 9 and 13 of Sarfasi Act 2002

as well as section 529 (A) of the Companies Act 1956,

it is the duty of the secured creditor to address to the

grievances of the workers of Debtor Company.

Therefore, the Banks i.e., Kotak Mahindra Bank Limited

and the Standard Chartered Bank are added as

necessary parties as 2nd and 3rd respondents for the

disputes raised by the petitioners and no obligations

can be cast upon this respondent. Therefore, prayed

this Court to dismiss the claim petition against this

respondent.

4. The petitioner union has raised the industrial

dispute before the Conciliation Officer only against the

first respondent management and as the said

establishment was taken over by Kotak Mahindra Bank

Limited and The Standard Chartered Bank, they have

been added as second and third respondents in their

claim petition and the fourth respondent M/s. Image

Feeds has purchased the first respondent in auction

held before the Debt Recovery Tribunal and thereafter

the fourth respondent was impleaded as party to the

proceedings and subsequently the case against the

second and third respondents was exonerated by the

petitioner and the fourth respondent was impleaded as

party and amended claim petition was filed by the

petitioner union.

837

10 July 2018]

LA GAZETTE DE L’ETAT

5. The brief averments in the counter filed by the

4th respondent are as follows:

The fourth respondent denied all the averments

contained in the claim petition except those that are

specifically admitted and stated that the contents of

the counter statement and additional counter statement

filed by the 1st respondent may be treated as part and

parcel of this counter statement and further stated that

it is a partnership firm engaged in the business of sea

food and other allied products. The petitioners cannot

claim reinstatement or back wages against the fourth

respondent because the first respondent company was

never directly purchased by this respondent. The

factory and the other movable and immovable assets

of the first respondent at Yanam had been taken in

possession by consortium of Kotak Mahindra Bank

Limited and the Standard Chartered Bank and all the

assets belonging to first respondent were brought for

auction sale under the Sarfaesi Act. The fourth

respondent purchased only the land, the building and

the machinery of first respondent’s factory at Yanam

as a non-functional and inoperative. A sale certificate

to that effect is issued by Kotak Mahindra Bank

Limited on 25-02-2015. Therefore, at the time when

this respondent purchased the first Respondent's

factory asset, it was a closed and non-functional unit

without any workers, staffs or any manpower. The

fourth respondent never had any agreement with the

first respondent or any other person to employ the

workers of first respondent. The fourth respondent,

after purchasing the land, building and machineries of

first respondent had spent over 1.5 - 2 crores in

upgrading the equipment and machinery and making the

factory functional. It started its factory operations

only from 1st May, 2015. The fourth respondent was

and is under no legal or moral obligation to employ

any of the workers of the erstwhile owners of the

factory purchased by it as this respondent is free to

employ its own manpower and run the factory upon its

terms and conditions. The fourth respondent had

therefore, selected its own workforce, including some

workers who were engaged by first respondent. But,

such employment was purely based on this

respondent’s fresh terms and conditions and as fresh

recruiters and not in continuity of their employment

with the first respondent. It is a completely new and

independent entity and it has purchased only the land,

building and machineries of the first respondent and

that too from the Banks, which had taken over

possession of the said assets from the first respondent

for non-payment of their debts under the Sarfaesi Act.

The petitioners, who claims to be the workers under

the erstwhile first respondent management, has no

locus standi to make any claims of employment or

even monetary compensations with the fourth

respondent under any statute, rules, regulations or

contract and hence, the present industrial dispute is

liable to be dismissed.

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

petitioner PW.1 was examined and Ex.P1 to Ex.P10

were marked and on the side of the respondents RW.1

and RW.2 were examined and Ex.R1 to Ex.R29 were

marked. Both sides are heard. The pleadings of the

parties, the evidence let in by either sides and exhibits

marked on both sides are carefully considered. On both

sides written arguments were filed and the same were

also carefully considered. In support of his contention

the learned counsel for the respondents has relied upon

the Judgments reported in CDJ 2008 SC 218, CDJ

2005 SC 604, CDJ 2002 SC 162, CDJ 1963 SC 212,

CDJ 2008 MHC 3631, CDJ 2009 Kar HC 442, CDJ 1990

Kar HC 368 and CDJ 2016 Raj HC 380. On perusal

of the records it is learnt that the Ex.R1 and Ex.R2

was marked through cross examination of PW.1 and

subsequently while RW.1 was examined by the first

respondent, instead of marking documents as Ex.R3 to

Ex.R18 it was mistakenly marked as Ex.R1 to Ex.R18

and hence, Ex.R1 and Ex.R2 which was marked through

RW.1 was rectified and marked as Ex.R2A and Ex.R2B

today for the sake of convenience to dispose the case.

7. The learned counsel appearing for the petitioner

union has relied upon the Judgment reported in 2013

LAB I.C. Page No. 2073 wherein it was stated that

section 25. FF comes into play only in case of

transfer of ownership or management of an undertaking

to a new employer and not limited to some activities

of the undertaking. The learned counsel appearing for

the respondent managements has filed a written

argument stating that the petitioner union has no locus

standi to raise the industrial dispute since the union

has not filed any documents to show that it is the

registered union representing the 10% of the total

employees of erstwhile first respondent management

and eight workers listed in the reference were the

members of the petitioner union and has not produced

any documents and general body meeting of the said

union has not passed any resolution authorising its

Officers to raise the present industrial dispute. The

another contention of the respondent managements is

that the petition mentioned workers are only

temporary employees of the first respondent

establishment and the names of the said workers does

not find in the muster roll of the first respondent

838

LA GAZETTE DE L’ETAT

[10 July 2018

establishment and that it is not established by the

petitioners that they had been in service for more than

240 days in a year though they are having burden to

prove the same the petitioners have failed to prove the

same.

8. The point for consideration is:

Whether the industrial dispute raised by the petitioner

union over non-employment of 8 workers viz.,

Tvl. K.Srinivasa Rao, Electrician, 2. K. Ganapathi Rao,

Electrician, 3. Md. Ali, Packing Helper, 4. M. Venkanna

Babu, Packing Helper, 5. B. Namasivayya, Stores

Assistant, 6. K. Ravibabu, Lab Assistant, 7. V.V.V.S.N.

Swamy, Welder, 8. M.C.C. Srinivasa Rao, Maintenance

Assistant against the first respondent management is

justified or not? and if justified, what is the relief

entitled to the said workers.

9. It is the case of the petitioner union that the

members of the petitioner union are the workers of the

first respondent establishment and the members of the

petition mentioned 8 workers were working at first

respondent establishment under various categories

from the year 2001 and the said workers along with

some other union members have made one

representation to Conciliation Officer to obtain

minimum benefits and they were terminated from

20-07-2006 by the first respondent without any reason

and hence, the union has raised the industrial dispute

before the Conciliation Officer on 21-07-2006 and the

conciliation was failed and the conciliation failure

report was submitted by the Conciliation Officer to the

Government and that the first respondent management

has removed the workers without calling for any

explanation for proposed punishment without

conducting any domestic enquiry and the said workers

have been terminated from service without giving any

charge sheet, without conducting any domestic enquiry,

and without alleging any misconduct and without

following the principles of natural justice and it is the

further case of the petitioner union that while the

dispute is pending the first respondent company was

took over by the second and third respondent Banks

and the first respondent company was taken under sale

by the Debt Recovery Tribunal and the fourth

respondent being the successful bidder the company

was transferred in his name as the fourth respondent

became the employer of the members of the petitioner

union and that the workers of the first respondent

establishment who have completed the service not less

than one year are entitled to notice and compensation

in accordance with the provisions of section 25F as if

the workman had been retrenched and that therefore,

the fourth respondent is responsible for the workers

of the first respondent establishment.

10. In support of their case the petitioner union has

examined PW.1 and exhibited Ex.P1 to Ex.P10. Ex.P1

is the representation of workers on 21-07-2006.

Ex.P2 is the copy of representation of the workers to

the regional P.F. Commission. Ex.P3 is the copy of

representation of Union President on 24-07-2006.

Ex.P4 is the copy of report of the Regional P.F.

Commissioner, Rajahmundry on 20-07-2006. Ex.P5

is the copy of reply by the management on 08-08-2006.

Ex.P6 is the copy of reply given by the management

on 18-09-2006. Ex.P7 is the failure report of the

conciliation, dated 18-09-2006. Ex.P8 is the true

proceedings copy on 31-05-2006. Ex.P9 is the copy of

representation given by the Union President on

24-02-2006. Ex.P10 is the copy of licence issued to

K. Srinivas Roa on 23-06-2015.

11. The evidence of PW.1 and the documents

marked on the side of the petitioner union would go

to show that the petitioner union has submitted an

application before the Assistant Labour Inspector on

21-07-2006 stating that the first respondent

management has done victimisation and unfair labour

practices on their union members for claiming their

minimum benefits by sending out from their services

and the workers of the first respondent company has

also sent a letter to the Regional Provident Fund

Commissioner intimating non-providing of Employees

Provident Fund benefit since five years till the date of

victimisation and that the petitioner union has

submitted an requisition to the Assistant Inspector of

Labour to confirm in written whether the first

respondent management is taken prior permission

from the Labour Department for change in service,

suspension or termination of the union executive

members without notice and that the Regional

P.F. Commissioner has submitted an enquiry report

on 20-07-2006 and that the first respondent

management has given reply to the Assistant Inspector

of Labour-cum-Conciliation Officer stating that the

petition mentioned workers were employed as

temporary casual workmen as temporary basis and they

were not employed in any permanent vacancy and they

were offered regularisation of their services with

effect from 01-01-2006 which they rejected and

refused and the management discarded their names

from further engagement or employment as temporary

casual workmen since they have no intention to work

or continue to work in the company and the petitioner

union has raised an industrial dispute before the

Conciliation Officer wherein the petitioner union has

stated that for representing to the EPF, Commissioner

and to the Labour Department for their benefits the

839

10 July 2018]

LA GAZETTE DE L’ETAT

management is doing victimisation and unfair labour

practices on their union people and the petition

mentioned workers are send out from their services on

21-07-2006 without any notice and the first

respondent management has stated in the conciliation

that the petition mentioned employees were employed

as temporary casual workmen and were not permanent

employees and in pursuance of settlement entered on

29-12-2005 the management was pleased to regularise

their services which they rejected and refused and the

management discarded their names from further

engagement or employment as temporary casual

workmen since, they have no intention to work or

continue to work in the company and the conciliation

was failed after negotiation and the report was

submitted by the Enforcement Officer on 31-05-2006

and that licence which was valid up to 31-03-2016 was

issued to K. Srinivas Rao, the Managing partner of the

fourth respondent establishment by Yanam Municipality.

Therefore, it is clear that the petition mentioned

workers are the employees of the first respondent

establishment.

12. It is the main contention of the first respondent

that the first respondent establishment has become sick

and unviable and it is reeling under the debt borrowed

from the second and third respondent Banks who have

purchased credit outstanding of the first respondent

company and taken over symbolical possession of the

factory under the Sarfaesi Act and it was sold by the

second and third respondent in an auction held and the

said property was sold through Debt Recovery Tribunal

in which the first respondent factory was purchased by

the fourth respondent.

13. It is the contention of the fourth respondent

that movable and immovable assets of the first

respondent company alone have been taken by the

fourth respondent management and that the fourth

respondent never had any agreement with the first

respondent or any other person to employ the workers

of the first respondent and that the fourth respondent

started factory operation from 01-05-2015 and that no

legal or moral obligation to employ any of the workers

of the erstwhile owners of the factory purchased by it

as the fourth respondent is free to employ its own man

power and run the factory upon its terms and the fourth

respondent had therefore, selected its own workforce,

including some workers who were engaged by the first

respondent and such employment was purely based on

the fourth respondent's fresh terms and conditions and

not in continuity of their employment with the first

respondent and it is the further contention of the

fourth respondent that their factory is completely new

and independent entity and it has purchased only the

land , building and machineries of the first respondent

and that too from the Banks which had taken over

possession of the said assets from the first respondent

for non-payment of their debts under the Sarfaesi Act

and that therefore, they are not liable to engage the

workers who were in service at the first respondent

establishment after purchasing the same from Debt

Recovery Tribunal i.e., they have no legal or moral

obligation to engage the workers of the first

respondent establishment and not having any liability

on the workers of the first respondent establishment.

14. The RW.1 the Personnel Officer in the first

respondent establishment has stated in his evidence

that all the office bearers of the union have already

resigned and left from the first respondent company

and no one is in employment of the company since

2006 and that the petitioner union is the minority

union never represented any other worker except 8 to

10 workers and has not authorised by its general body

to raise the present industrial dispute and the petition

mentioned employees K. Srinivasa Rao, K. Ganapathi

Rao, Md. Ali, M. Venkanna Babu, B. Namasivayya,

K. Ravibabu, V.V.V.S.N. Swamy, M.C.C. Srinivasa Rao

were refused to accept the order of permanent

employment and therefore, they were debarred from

claiming any relief under the Industrial Disputes Act.

15. In support of their evidence the first

respondent management has exhibited Ex.R1 to

Ex.R18. Ex.R1 is the copy of conciliation

proceedings. Ex.R2 is the settlement dues sent to

employees on 28-07-2006. Ex.R2A is the copy of

letter of authorisation given to Mr. Arjuna Babu

Personnel Officer of 1st respondent company. Ex.R2B

is the xerox copy of the full and final settlement voucher

signed by Mr. K.S. Chakravarthy, dated 28-07-2007.

Ex.R3 is the xerox copy of the death register of the

year of 2012. Showing the date of death of

Chakravarthy. Ex.R4 is the xerox copy of the paper

publication issued by the respondent in Eenaadu News

paper on 02-05-2006. Ex.R5 is the xerox copy of the

letter dated 21-07-2006 issued to the 8 petitioners

which is refused to receive by them. Ex.R6 is the copy

of the muster roll of the first respondent company for

the period January-2006 to May-2006. Ex.R7 is the

xerox copy of the Possession notices given by Kotak

Mahindra Bank Limited and Standard Chartered Bank

(2 Nos.). Ex.R7 is the xerox copy of the sale notice

published by Kotak Mahindra Bank in the local news

paper. Ex.R9 is the xerox copy of the order in Writ

840

LA GAZETTE DE L’ETAT

[10 July 2018

petition No. 4299/2011 issued by Hon'ble High Court

of Andhra Pradesh, dated 18-05-2011. Ex.R10 is the

xerox copy of the order in WP.No.14506/2006 before

the Hon'ble Andhra Pradesh High Court, dated 17-07-2006.

Ex.R11 is the xerox copy of the Interim order in

WP. No. 17714/2006 before the Hon'ble Andhra

Pradesh High Court, dated 25-08-2006. Ex.R12 is the

xerox copy of the order in WP. No. 17714/2006

before the Hon'ble Andhra Pradesh High Court, dated

11-09-2007. Ex.R13 is the xerox copy of the order

in WP. No. 8115/2009 before the Hon'ble Andhra

Pradesh High Court, dated 21-04-2009. Ex.R14 is the

copy of the orders passed by EPF Appellate Tribunal

New Delhi, dated 17-09-2009. Ex.R15 is the xerox

copy of the orders passed in WP. No. 22615/2009 by

Andhra Pradesh High Court, dated 22-10-2009.

Ex.R16 is the xerox copy of the letter given by IARC

to the Kotak Mahindra Bank intimating about the

taking over of liabilities of first respondent to

Standard Chartered Bank on 06-07-2012. Ex.R17 is

the xerox copy of the wire notice sent by the Registrar

of the Hon'ble High Court at Andhra Pradesh. Ex.R18

is the xerox copy of the letter given by IARC to the

first respondent intimating about the taking over of

liabilities of 1st respondent to Standard Chartered

Bank on 06-12-2011.

16. The documents exhibited by the first respondent

would reveal the fact that K.S. Chakravarthy has

received full and final settlement of ` 15,600 and

the management discard the employment of the

petition-mentioned workers as they refused the order

of regularisation and the said eight workers have been

discharged from service on 21-07-2006 and that the

possession notice was given by second respondent

Kotak Mahindra Bank Limited and third respondent

Standard Chartered Bank and sale notice was issued by

the said Banks in the news paper.

17. The RW.2 the Assistant Admin of the fourth

respondent has stated in his evidence that they have

purchased the plant and machineries of the first

respondent company in a bank auction under the

Sarfaesi Act and the first respondent owed huge debt

to consortium of banks, and the movable and

immovable assets of the first respondent company

were taken in possession by consortium of banks and

all the assets were brought for auction sale under the

Sarfaesi Act and the fourth respondent has purchased

only the land, the building and the machineries of the

first respondent firm at Yanam as a non-functional and

inoperative unit which remained closed before their

purchased and a sale certificate to that effect was

issued by second respondent Bank on 25-02-2015 and

at the time when they purchased the first respondent's

factory assets, the factory was closed and non-

functional unit without any workers, staffs or any man

power and they have not had any agreement with the

first respondent or any other person to employ the

workers of the first respondent establishment and that

they have started work only from 01-05-2015 and that

they have no legal or moral obligation to employ any

of the workers of the erstwhile owners of first

respondent and that they are free to employ their own

manpower and run the factory upon their terms and

conditions and that the fourth respondent is completely

new and independent entity and they have purchased

only the land, building and machineries of the first

respondent and that too from the consortium of banks,

which had taken over possession of the said assets

from the first respondent and the petition-mentioned

workers are not in service while they purchased the

factory and machineries and they have no obligations

to employ them in their rolls and pay monetary

benefits under any statue, rules, regulations or contract.

18. In support of their evidence the fourth

respondent management has exhibited Ex.R19 to

Ex.R29. Ex.R19 is the copy of the acknowledgment

of registration of firm certificate of M/s. Image Feeds,

dated 26-09-2014. Ex.R20 is the copy of the

partnership deed entered between the partners of

M/s. Image Feeds, dated 22-09-2014. Ex.R21 is the

copy of the purchase of movable and immovable

mortgaged properties at Yanam from Kotak Mahindra

Bank by M/s. Image Feeds, dated 17-12-2014. Ex.R22

is the copy of the PAN card of M/s. Image Feeds.

Ex.R23 is the copy of the licence issued by Yanam

Municipality in favour of M/s. Image Feeds, dated

23-06-2015. Ex.R24 is the copy of the sale certificate

issued by Kotak Mahindra Bank in favour of

M/s. Image Feeds, dated 25-02-2015. Ex.R25 is the

copy of factory licence of M/s. Image Feeds. Ex.R26

is the copy of the acknowledgment receipt issued by the

Kotak Mahindra Bank to M/s. Image Feeds for delivery

of movable properties at Yanam on 09-03-2015.

Ex.R27 is the copy of the acknowledgment receipt

issued by the Kotak Mahindra Bank to M/s. Image

Feeds for certifying the sale proceeds and handing

over the sale property, dated 08-04-2015. Ex.R28 is

the copy of no objection letter issued by Kotak

Mahindra Bank to Inspector of factories for

transferring factory licence in favour of M/s. Image

Feeds on 02-06-2015. Ex.R29 is the copy of letter

of autho rizatio n given to S. Prasad, Assistant

Admin of M/s. Image Feeds on 08-11-2017.

841

10 July 2018]

LA GAZETTE DE L’ETAT

19. The documents filed by the fourth respondent

would reveal the fact that the fourth respondent was a

partnership firm registered under the Partnership Act

and partnership deed was entered between the partners

and the fourth respondent has purchased the movable

and immovable properties of the first respondent

establishment and licence was also issued in favour of

the fourth respondent and sales certificate was also

issued by Kotak Mahindra Bank in favour of the fourth

respondent and acknowledgment receipt for the

delivery of the movable properties of the first

respondent was issued by the Kotak Mahindra Bank in

favour of the fourth respondent and sales proceedings

were certified by the Bank.

20. The first contention of the respondents is that

the petitioner union has no locus standi to raise the

industrial dispute on behalf of the workers since they

are not atleast having 10% of the workers of the first

respondent establishment. However, it is not

established by the respondents that petitioner union is

having only 10% of the workers. Further, it is learnt

from Ex.P9 the conciliation failure report that such

plea that this petitioner union has no locus standi to

represent the petition mentioned workers has not been

taken up before the Conciliation Officer and

furthermore, even the office bearers of the union can

raise the industrial dispute and that therefore, the

contention raised by the respondents that the

petitioner union has no locus standi is not sustainable.

21. From the above evidence and document, it is

clear that the petition mentioned workers are the

workers of the first respondent establishment. The

Ex.P6 would evident that the petition mentioned

workers were working at the first respondent

establishment and they have been given regularization

by the first respondent management with effect from

01-01-2006 and the petition mentioned workers have

refused the same since they had been in service for

about five years and therefore, it is to be inferred that

the petition mentioned workers are working at first

respondent establishment for more than five years and

furthermore, the first respondent management has not

come forward to produce the attendance register for

the period from 2001-2006 and therefore, it is to be

inferred that the petition mentioned workers were

working for more than 240 days in an year and that

therefore, the petition mentioned workers are to be

treated as permanent workers of the first respondent

establishment.

22. As the petitioners are the worker of the first

respondent establishment and it was represented by the

first respondent management before the Conciliation

Officer that they discarded the names of the petition

mentioned workers from further engagement or

employment it is clear that no domestic enquiry was

conducted against the petition mentioned workers by

the first respondent management and even does not

give any show cause notice. Further, the first

respondent management has not followed any

procedure and not conducted any departmental enquiry

before discharge them from service though they had

been in service for about five years. The worker can

be removed from service if, he has committed any

misconduct or misbehavior only after conducting the

domestic enquiry. Admittedly, in this case no domestic

enquiry was conducted by the first respondent

management before discharging the said employees.

Therefore, the first respondent management is liable to

reinstate them since it has not followed the principles

of natural justice in terminating the petitioners.

Furthermore, at the time of raising the industrial

dispute by the petitioner union over non-employment

of petition mentioned workers against the first

respondent management, the first respondent

establishment was the existing factory and that

therefore, it is to be held that the industrial dispute

raised by the petitioner union over non-employment of

petition mentioned workers against the first respondent

management is justified as the first respondent

establishment has not properly terminated the petition

mentioned workers in accordance with the principles

of natural justice and hence, the petition mentioned

workers are entitled for reinstatement at the first

respondent establishment. However, the first

respondent establishment was taken over by the second

and third respondent Banks and sold to the fourth

respondent management and hence, the petition

mentioned workers cannot be reinstated in the first

respondent establishment.

23. As it is held by this

Tribunal that the

petition-mentioned workers are the workers of the

first respondent establishment and they have not been

properly terminated by the first respondent

management by conducting domestic enquiry in

accordance with the principles of natural justice and

the industrial dispute raised by the petitioners against

the first respondent management is absolutely

justifiable one, it is the question to be decided by this

Tribunal that whether the fourth respondent who have

purchased the first respondent establishment at the

Debt Recovery Tribunal is having any legal obligation

of giving employment or giving compensation to the

workers of the first respondent establishment for the

service rendered by them to the first respondent

establishment or not. On this aspect the evidence let

in by either sides and exhibits marked on both sides

or arguments putforth by either sides are carefully

considered.

842

LA GAZETTE DE L’ETAT

[10 July 2018

24. It is learnt from the records that while the

industrial dispute is pending the first respondent

establishment has been taken away by second and third

respondents and the fourth respondent has purchased

the first respondent factory in the auction sale at Debt

Recovery Tribunal

i.e., the ownership and the

management of the first respondent establishment was

transferred due to the purchase and therefore, it is to

be decided whether the fourth respondent management

is liable to pay reinstatement and other benefits to the

workers of the first respondent establishment. On this

aspect the section 25FF of the Industrial Disputes Act

has been referred which runs as follows:

“S.25FF. Compensation to workmen in case of

transfer of undertakings. Where the ownership or

management of an undertaking is transferred,

whether by agreement or by operation of law, from

the employer in relation to that undertaking to a

new employer, every workman who has been in

continuous service for not less than one year in that

undertaking immediately before such transfer shall

be entitled to notice and compensation in

accordance with the provisions of S.25-F, as if, the

workman had been retrenched:

Provided that nothing in this section shall apply

to a workman in any case where there has been a

change of employers by reason of the transfer, if–

(a) the service of the workman has not been

interrupted by such transfer;

(b) the terms and conditions of service applicable

to the workman after such transfer are not in

any way less favourable to the workman than

those applicable to him immediately before

the transfer; and

(c) the new employer is, under the terms of such

transfer or otherwise, legally liable to pay to

the workman, in the event of his retrenchment,

compensation on the basis that his service has

been continuous and has not been interrupted

by the transfer."

From the above provision, it is clear that

management of an undertaking is transferred whether

by agreement or by operation of law from the

employer in relation to that undertaking to a new

employer, every workman who has been in continuous

service for not less than one year in that undertaking

immediately before such transfer shall be entitled to

notice and compensation in accordance with the

provisions of S.25-F, as if, the workman had been

retrenched. In this case the management of the

undertaking was transferred by purchase i.e., by

operation of law from the employer of the first

respondent to new employer and hence, the petition-

mentioned workers are entitled for notice and

compensation in accordance with the provisions of the

Act. But, no such notice was issued by the fourth

respondent and no compensation has been given to the

workers as they had been in service at the time of

transfer of ownership to the fourth respondent from

the management of first respondent establishment.

25. It is contended by the fourth respondent that the

fourth respondent cannot be compelled with the

responsibility of reinstatement or payment of any

benefits since they have purchased the plant and

machineries of the first respondent under an auction

purchase on 17-12-2014 from the Banks and hence, the

fourth respondent has no legal obligation to employ

any employees of the erstwhile first respondent and

therefore, the petition mentioned workers absolutely

are not entitled for any reinstatement in the fourth

respondent establishment or cannot seek any

compensation from the fourth respondent and in

support of his argument the learned Counsel for the

respondents relied upon the Judgment reported in

CDJ 2009 Kar HC 442-M. Shashikumar

Vs.

Management of BPL Ltd., wherein, the Hon'ble High

Court has held that,

“31. In view of the above discussion, as a matter

of fact, neither the first respondent nor the second

respondent company was under any legal obligation

to offer employment to the employees of the

transferor company. In that view of the matter, the

only legal claim they can have access to is

retrenchment compensation………”

The learned Counsel further argued that as per the

above citation the fourth respondent management has

no legal obligation to offer employment to the

petitioners i.e., the employees of the transferor of

company and they can claim only retrenchment

benefits and that the petitioners are not having any

right to claim of any relief of reinstatement or

compensation either from the first respondent

management

or

from

the

fourth

respondent

management since the petitioners are the temporary

workers and the first respondent establishment is not

more existence as the company as it had became sick

and completely closed as early as in the year 2012 and

the fourth respondent has purchased only from the

Banks under the Sarfaesi Act and it has purchased only

the plant and machineries of the first respondent

establishment without other liability and none of the

petitioners are the permanent workers of the first

843

10 July 2018]

LA GAZETTE DE L’ETAT

respondent establishment to claim any right of any

reemployment from the fourth respondent and that

therefore, the fourth respondent has no legal obligation

to reinstate the petitioners as claimed by them.

26. The learned Counsel appearing for the

respondents has further argued that the fourth

respondent establishment as a purchaser transferee

management has no liability to pay any compensation

or to give any employment to the petitioners as they

have purchased the property from the second and third

respondent Banks in an auction held by them and that

the fourth respondent as a purchaser, they have no

liability to reemploy the workers of the first

respondent establishment and they will not pay any

compensation under section 25FF of the Act since the

workers are not the employees of the fourth

respondent establishment and in support of his

argument the learned Counsel for the respondent has

relied upon the Judgment reported in CDJ 2009 Kar

HC 442 wherein, the Hon'ble Karnataka High Court

has observed that,

“……..18. That being the position in law under

section 25ff, the former employees of the company

who were not absorbed by the Corporation can

hardly make out a claim against the transferee

corporation either for compensation on termination

of their service following the transfer or for

reemployment. The claim at any rate of the

employee in List II as against the Corporation under

section 25FF was clearly misconceived.

19. The learned Counsel Sri. B.C. Prabhakar

appearing for second respondent contends that the first

respondent company cannot manufacture colour

television anymore as entire unit of colour television

is transferred to the second respondent, therefore, it

cannot continue any employment to its employees and

had offered compensation in terms of Sec. 25FF of the

Act. He further contends that the offering of

compensation in terms of Sec. 25FF of the Act alone

was required to the complied with by the 1st

respondent and nothing else. It was also submitted that

459 employees out of 496 employees of the first

respondent without any grievance whatsoever have

joined the second respondent company under fresh

employment after receiving compensation from the

first respondent………”.

and further, the learned Counsel for the respondent has

relied upon the Judgment reported in CDJ 1990 Kar

HC 368 wherein, the Hon'ble Karnataka High Court

has observed that,

“…….Section 25ff makes a reference to section

25f for that limited purpose, and therefore, in all

cases to which section 25ff applies, the only claim

which the employees of the transferred concern can

legitimately make is a claim for compensation

against their employers. No claim can be made

against their employers. No claim can be made

against the transferee of the said concern. (17) The

scheme of the proviso to section 25ff emphasizes

the same policy. If, the three conditions specified

in the proviso are satisfied, there is no termination

of service either in fact or in law, and so, there is

no scope for the payment of any compensation.

That is the effect of the proviso. Therefore, reading

section 25ff as a whole, it does appear that unless

the transfer falls under the proviso, the employees

of the transferred concern are entitled to claim

compensation against the transferor and they cannot

make any claim for re-employment against the

transferee of the undertaking. Thus, the effect of the

enactment of section 25ff is to restore the position

which the Legislature had apparently in mind when

section 25ff was originally enacted on September

4, 1956. By amending section 25ff, the Legislature

has made it clear that if, industrial undertakings are

transferred, the employees of such transferred

undertakings should be entitled to compensation,

unless, of course, the continuity in their service or

employment is not disturbed and that can happen if,

the transfer satisfies the three requirements of the

proviso. …...…. (18) In Central Inland Water

Transport Corporation Ltd., Vs. The workmen and

another it is reiterated that on a transfer of

ownership or management of an undertaking, the

employment of workmen engaged by the said

undertaking comes to an end, and compensation is

made payable because of such termination. In all

cases to which section 25ff applies, the only claim

which the employees of the transferred concern can

legitimately make is a claim for compensation

against their employers. No claim can be made

against the transferee of the said concern.……… ”.

From the above observations of the Hon'ble High

Court, it is clear that the petitioners are entitled to

claim only the compensation from the undertaking

where they have served as workers and they cannot

claim compensation or reemployment at the transferee

undertaking. But, in this case the first respondent

establishment was taken over by the second and third

respondent Banks and subsequently, the said

undertaking was sold in an auction held by them and

844

LA GAZETTE DE L’ETAT

[10 July 2018

sales certificate was issued by the Bank and that

therefore, the fourth respondent cannot be compelled

to pay any compensation to the employees of the first

respondent establishment. However, the petition

mentioned workers are entitled for compensation

from the first respondent establishment and the

management of the first respondent establishment has

to pay retrenchment compensation to the petition

mentioned workers under section 25FF of the Act.

27. Further, the second and third respondent Banks

have taken over the first respondent establishment for

their debt and sold it to the fourth respondent and

hence, the petition mentioned workers also could claim

the compensation from the said Banks. But, it is learnt

from the records that the second and third respondent

Banks have been exonerated who have sold the first

respondent establishment in an auction sale and the

sale amount was received by them and the excess

amount if any, is kept by the said Banks the petition

mentioned workers are having liberty to receive

compensation from the said Banks by taking

appropriate steps against the Banks and the first

respondent management. Eventhough, this Tribunal

cannot pass any Award against the second and third

respondent Banks since they sold the first respondent

establishment to the fourth respondent management

and received the sale consideration and therefore, an

Award has to be passed in favour of the petition

mentioned workers to get compensation from the first

respondent establishment and the management of the

first respondent establishment is liable to pay

retrenchment compensation to the petition-mentioned

workers by calculating the period of service and the

salary obtained by them from the date of joining till

the date of taken over the possession of the first

respondent establishment by the second and third

respondent Banks and that therefore, the claim against

the fourth respondent is rejected and hence, the claim

petition filed against the fourth respondent is also

liable to be rejected.

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

the industrial dispute raised by the petitioner

union over non-employment of 8 workers viz.,

Tvl. K. Srinivasa Rao, K. Ganapathi Rao, Md. Ali,

M. Venkanna Babu, B. Namasivayya, K. Ravibabu,

V.V.V.S.N. Swamy, M.C.C. Srinivasa Rao, against the

first respondent management is justified and an Award

is passed directing the first respondent management to

pay compensation to the petition-mentioned workers

by calculating the period of service rendered by them

and the salary obtained by them from the date of

joining till the date of taken over the possession of the

first respondent establishment by the second and third

respondent Banks and further, the petition-mentioned

workers are at liberty to receive the compensation

from the second and third respondent Banks by taking

appropriate steps against the Banks and the first

respondent management and in respect of claim against

the fourth respondent is dismissed. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 28th day of February, 2018.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum

Labour Court, Puducherry.

————

List of petitioner’s witness:

PW.1

—26-04-2010— Ravi Babu

List of petitioner’s exhibits:

Ex.P1

—21-07-2006— Representation

of

workers.

Ex.P2

—

–

— Copy of representation

of

the workers to the

regional P.F. Commission.

Ex.P3

—24-07-2006— Copy of representation

of Union President.

Ex.P4

—20-07-2006— Copy of report of the

Regional

P.F.

C o m m i s s i o n e r ,

Rajahmundry.

Ex.P5

—08-08-2006— Copy of reply by the

management.

Ex.P6

—18-09-2006— Copy of reply given by

the management.

Ex.P7

—18-09-2006— Failure report of the

conciliation.

Ex.P8

—31-05-2006— True proceedings copy.

Ex.P9

—24-02-2006— Copy of representation

given

by

the

Union

President.

Ex.P10 —23-06-2015— Copy of licence issued to

K. Srinivas Roa.

List of Respondents witnessess:

RW1

—20-06-2014— Arjuna Babu

RW2

—08-11-2017— S. Prasad

845

10 July 2018]

LA GAZETTE DE L’ETAT

List of Respondents exhibits:

Ex.R1

—29-11-2005— Copy

of

conciliation

proceedings.

Ex.R2

—28-07-2006— Settlement dues sent to

employees.

Ex.R2A—

–

— Copy

of

letter

of

authorization given to

Mr.

Arjuna

Babu,

Personnel Officer of 1st

respondent company.

Ex.R2B—28-07-2007— Xerox copy of the full

and final settlement voucher

signed

by

Mr.

K.S.

Chakravarthy.

Ex.R3

—

–

— Xerox copy of the death

register of the year of

2012. Showing the date

of death of Chakravarthy.

Ex.R4

—02-05-2006— Xerox copy of the paper

publication issued by the

respondent in Eenaadu

News paper.

Ex.R5

—21-07-2006— Xerox copy of the

letter issued to the

8 petitioners

which is

refused to receive by

them.

Ex.R6

— Jan,2006 — Copy of the muster roll of

May, 2006

the

first

respondent

company.

Ex.R7

—

–

— Xerox

copy

of

the

Possession notices given

by Kotak Mahindra Bank

Limited

and

Standard

Chartered Bank (2 Nos.).

Ex.R8

—

–

— Xerox copy of the sale

notice published by Kotak

Mahindra Bank in the

local newspaper.

Ex.R9

—18-05-2011— Xerox copy of the order

i n W r i t P e t i t i o n

No. 4299/2011 issued by

Hon'ble High Court of

Andhra Pradesh.

Ex.R10 —17-07-2006— Xerox copy of the order

in WP.No. 14506/2006

before the Hon'ble Andhra

Pradesh High Court.

Ex.R11 —25-08-2006— Xerox

copy

of

the

Interim order in WP.No.

17714/2006 before the

Hon'ble Andhra Pradesh

High Court.

Ex.R12 —11-09-2007— Xerox copy of the order

in WP.No. 17714/2006

before the Hon'ble Andhra

Pradesh High Court.

Ex.R13 —21-04-2009— Xerox copy of the order

in

WP.No.

8115/2009

before the Hon'ble Andhra

Pradesh High Court.

Ex.R14 —17-09-2009— Copy of the orders passed

by EPF Appellate Tribunal

New Delhi.

Ex.R15 —22-10-2009— Xerox copy of the orders

passed in WP.No. 22615/

2009 by Andhra Pradesh

High Court.

Ex.R16 —06-07-2012— Xerox copy of the letter

given by IARC to the

Kotak Mahindra Bank

intimating

about

the

taking over of liabilities

of first respondent to

Standard Chartered Bank.

Ex.R17 —

–

— Xerox copy of the wire

notice

sent

by

the

Registrar of the Hon'ble

High Court at Andhra

Pradesh.

Ex.R18 —06-12-2011— Xerox copy of the letter

given by IARC to the first

respondent

intimating

about the taking over of

liabilities

of

1st

respondent to Standard

Chartered Bank.

Ex.R19 —26-09-2014— Copy

of

the

acknowledgment

of

registration

of

firm

certificate of M/s. Image

Feeds.

Ex.R20 —22-09-2014— Copy of the partnership

deed entered between the

partners of M/s. Image

Feeds.

846

LA GAZETTE DE L’ETAT

[10 July 2018

Ex.R21 —17-12-2014— Copy of the purchase of

movable and immovable

mortgaged properties at

Yanam from Kotak Mahindra

Bank by M/s. Image Feeds.

Ex.R22 —

–

— Copy of the PAN card of

M/s. Image Feeds.

Ex.R23 —23-06-2015— Copy

of

the

licence

issued

by

Yanam

Municipality in favour of

M/s. Image Feeds.

Ex.R24 —25-02-2015— Copy

of

the

sale

certificate

issued

by

Kotak Mahindra Bank in

favour of M/s. Image Feeds.

Ex.R24A—

–

— Copy of factory licence

of M/s. Image Feeds.

Ex.R25 —09-03-2015— Copy

of

the

acknowledgment receipt

issued

by

the

Kotak

M a h i n d r a B a n k t o

M/s. Image Feeds for

delivery

of

movable

properties at Yanam.

Ex.R26 —08-04-2015— Copy

of

the

acknowledgment receipt

issued

by

the

Kotak

M a h i n d r a B a n k t o

M/s. Image Feeds for

certifying the sale proceeds

and handing over the sale

property.

Ex.R27 —02-06-2015— Copy of the no objection

letter issued by Kotak

Mahindra Bank to Inspector

of factories for transferring

factory licence in favour

of M/s. Image Feeds.

Ex.R28 —08-11-2017— Copy

of

letter

of

authorization given to

S. Prasad, Assistant Admin

of M/s. Image Feeds.

Ex.R29 —08-11-2017— Copy

of

letter

of

authorization of Mr. S. Prasad.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.







}|{



















S. 

III, 























S. 















S. 





































(i)







