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Dangerous Establishments

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24 {

No.

30

Poudouchéry

Mardi

24

Juillet

2018 (2 Sravana 1940)

No.

Puducherry

Tuesday

24th

July

2018

[ 893 ]

894

LA GAZETTE DE L’ETAT

[24 July 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 62/Lab./AIL/T/2018,

Puducherry, dated 11th April 2018)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 29/2012, 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 4 workers

Thiruvalarkal 1. Somalingeswarudu, N.S. Prasad,

S. Nagaeswara Roa, G. Prasad-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. 29/2006

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.

. .

Respondents

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

& E. Karthik, Advocates for the respondents, 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. 171/2006/Lab./AIL/J,

dated 30-11-2006 for adjudicating the following:-

(i) Whether the non-employment of four workers viz.,

Thiruvalargal (1). I. Somalingeswarudu, (2) N.S. Prasad,

(3) S. Nageswara Roa, (4) G. Prasad by the management

of M/s. Somkan Marine Foods Limited, Yanam, 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, in brief, are as follows:

The petitioner union is functioning at Yanam and it

is a registered union. The members of the petitioner union

are workers of respondent establishment M/s. Somkan

Marine Foods Limited, at Yanam. The workers 1 and 4 are

engaged as Maintenance Assistants from 16-6-2001,

02-03-2003 and 09-04-2001 respectively and 3 engaged

as an Operator in water treatement from 24-05-2001.

The respondent depriving the workers of the status and

privileges of permanent workmen. Therefore, the

workers submitted one representation in this regard to

Assistant Inspector of Labour, Yanam on 04-10-2005

and a complaint was made before the Provident Fund

Commissioner, Rajamundry, Andhra Pradesh State, over

non extension of Provident Fund against the management

on 24-02-2006. Even since the respondent having

developed grouse against the Union members and is

waiting for an opportunity to cause irreparable loss in

one way or the other. In the line of achieving their

malicious goal of wreak vengeance the respondent

declined workers and denying their entry by the security

on 24-04-2006. The petitioner union raised a conciliation

of industrial dispute on 24-04-2006. On receipt of the

895

24 July 2018]

LA GAZETTE DE L’ETAT

representation, the conciliation was initiated and was

ended in a failure. The Conciliation Officer gave his

failure report to Secretary to Government (Labour).

When the matter was pending before the Secretary to

Government the respondent removed the workers

without

calling

for

explanation

for

proposed

punishment and without conduct inquiry against Natural

Justice. Therefore, the petitioner union come before

this Court as a reference as stated above. Hence, the

petitioner Union prays before this Court to decide the

matter on the following grounds. The workers above-

mentioned 4 in numbers had worked from 5 years. They

are not been informed that they were casual labour.

However, the discharge of work carried by the workers

to the satisfaction of the Management with unblemished

records. But, they are terminated from 08-08-2006 by

the respondent on discipline reasons without rhyme

which is against natural justice. Therefore, they have to

be reinstated with back wages. No charges were framed,

no enquiry was conducted and without calling for

explanation for proposed punishment the respondent

issued dismissal order. The termination is illegal and

void abinitio. In the absence of domestic enquiry in

this regard, the act of the respondent is arbitrary, illegal

to be set aside. The workers had worked continuously

since 5 years with permanent status of workmen under

section 25(B) of the Industrial Dispute Act, 1947. But,

the management did not deny that they are not engaged

in work since 5 years. Therefore, the petitioner union

members are the regular workers of the management

and they cannot be simply terminated. All the four

workers are continued for long years manifestly to

deprive them of the status of permanent employee. This

amounts unfair labour practice on the part of the

management. During the pendency of industrial dispute

before the Secretary to Government (Labour) as which

the subject matter of the dispute directly connected

with decline to work of such workers without maintain

status quo or without obtain prior permission of the

Secretary to Government (Labour) the respondent

dismissed the workers. This was a contravention

section 33(1) (a) of Industrial Dispute Act 1947 on the

part of the management. Therefore, the awarded

punishment is not sustained under law. Thiru C. Ramesh,

S/o. C. Malakondaiahnaidu was empowered by the

Chairman of the company to represent submit, receives

all necessary documents pertaining to the company at

any Government forums. But, Thiru L. Satyanarayana,

Personal Officer a titular participated in the conciliation.

Therefore, the representation of Thiru L. Satyanarayana

and his contention were not valued under law. The

contention of the management that the workers

themselves left out the factory without any intimation/

found absent hereby denied. If the contention is true

the petitioner ought to have give show cause letters

before the termination. This was not done by the

management. Therefore, the contention of the

respondent vitiated since, it is against natural justice.

Further, the contention of the management that the

workers have refused to accept of regularisation orders

hereby denied. It is a new defense. During the conciliation

in connection with workers representation, dated 09-10-2005

the management accepted before the Conciliation

Officers to regularise the service of 27 workmen from

their date of joining. After, the workers are aware that

the regularisation orders were not very similar to the

ones which the management issued earlier. Therefore,

the letters turned down before the Conciliation Officer

in compliance with the management. Therefore, the

petitioner union prays this Court to reinstate the above

said workmen with back wages from the date of illegal

termination on 08-08-2006 along with all benefits.

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 impugned three

workers namely, Somalingeswarudu, S. Nageswara Rao,

and G. Prasad were engaged by the respondent as casual

worker in various departments of the respondent

management. The 4th worker N.S. Prasad joined the

respondent as apprentice on 01-11-2003 for a period

of 12 months. Their status as casual workers have been

accepted and admitted by the petitioner in their claim

statement itself except by N.S. Prasad. The petitioners

are put to strict proof of the date of employment and

their claim of having worked more than 5 years as

claimed in the petition. None of the workers have ever

completed 240 days of continuous services in any of

the year they worked and therefore, they cannot claim

that they have worked for 5 continuous years. They were

therefore, never entitled to claim regularisation or

permanent status. The petitioner union had given a

letter, dated 04-10-2005 to Assistant Labour Officer/

Conciliation Officer, claiming permanent status to

number of casual workers including the impugned

workers in the resent case. During the conciliation

proceedings, the Conciliation Officer suggested the

respondent to regularise some of its workers. Though,

the said workers were not legally entitled to claim

regularisation, in order to maintain industrial peace and

out of sympathetic consideration, the respondent

accepted the suggestions of Conciliation Officer and

896

LA GAZETTE DE L’ETAT

[24 July 2018

offered regularisation of posts to 32 workers including

the 3 workers namely, S. Nageswara Rao, Godasi Prasad,

I. Sojmalingeswarudu involved in the present dispute.

As such a memorandum of settlement on 29-12-2005

by virtue of which many workers accepted the

regularization and joined duty. However, the 3 workers

herein have refused accept the regularisation order,

dated 09-01-2006 on some false pretext as has been

admitted by them in their claim statement. The respondent

therefore, continued with them as casual workers.

The 4 workers being casual workers were obliged to

do any work given by the respondent and cannot dictate

terms to the respondent that they will do only one

particular nature of job. They were employed by the

respondent as helpers in various sections of its factory

on casual basis. As such on 21-04-2016, when the

workers came for work, the respondent directed them

to report to duty at pillet Mill section, they refused to

work in the said section and argued with the

respondent's officials that they be retained in the same

unit as they were working prior to their transfer. The

respondent had informed the petitioner in clear terms

that workers are bound to work in any of the units

allotted to them by the respondent and directed the

workers to report to duty at their places of transfer.

Instead of reporting to work at their respective places

of transfer, the Petitioner Union submitted a letter to

the Labour Officer (Conciliation) on 24-04-2006 that

they were prevented from discharging their duties in

their places of work prior to their transfer. They have

categorically written in their representation to the

Labour Officer (Conciliation) that they will not report

to duty till the Labour Officer directs them to do so.

It is therefore evident from their own Letter that they

did not report to duty since 24-04-2007 they have not

come to work. As such, since, their absence from work

was unauthorised and without any intimation to the

respondent, the respondent removed their names from

the list of casual workers and intimated the same to

the concerned workers vide their letter of discharge,

dated 08-08-2006. The said letters was purposefully

evaded by the 2 workers and as such it have returned to

the respondent, and were received by 2 workers namely,

S. Nageswara Rao, I. Somalingeswarudu. The petitioners

have never been terminated from services. They were

discharged from services because of the continuous,

unauthorised and uninformed absence from duty. The

respondent has not alleged any misconduct on the part

of 4 discharged workers and therefore, there was

absolutely no requirement of framing any charges and

conducting any domestic enquiry. It was a case of

discharge simplicitor of 4 workers without casting any

stigma on their services. As the said 4 workers were

casual employees, who were not willing to work at the

places of their transfer and as the said temporary casual

workmen abstained from duty without intimation, the

respondent had no other options but to discharge them

of their services. The petitioners do not have tiny lien

over employment and therefore, they cannot claim

reinstatement. The claim of the petitioner for reinstatement

is therefore, liable to be dismissed. Further, it is stated

that the 1st respondent management respondent

company has become sick and unviable and it is reeling

under the debt borrowed from the Kotak Mahindra Bank

Limited and the Standard Chartered Bank. The two

Banks who have purchased credit outstanding of this

respondent's company from CDC and SCICI latter

changed as ICICI and now the Banks have taken over

symbolical possession of the factory and all the properties

of this respondent under the Sarfesi Act 2002. The said

Banks have also issued publication for auction and sale

of this respondent company in its ‘as-is-where-is’

condition. The Standard Chartered Bank has since

assigned the debts along with all securities pertaining

to this respondent in favour of International Assets

Reconstruction Company Private Limited. This

respondent filed an application under Debt Recovery

Tribunal Visakhapatnam in S.A. 193/2010, which

granted stay on sale of the factory, posting the case to

be heard on 28 Jun 2011. The order of the DRT has

been suspended by Debt Recovery Appellate Tribunal,

Chennai where an application was preferred by Kotak

Mahindra Bank Limited against the said order before

the Debt Recovery Appeal Tribunal, Chennai vide N.A.

603/2010 and the same is pending adjudication. The

Writ Petition is also pending before the Andhra Pradesh

High Court in W.P. No. 4299/2011. 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. In the unlikely event of any award being

passed by this Court having monetary implications on

this respondent, it shall only be satisfied by Kotak

Mahindra Bank Limited and the Standard Chartered Bank

as secured creditors 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

897

24 July 2018]

LA GAZETTE DE L’ETAT

the Standard chartered Bank, they have been added as

second and third respondent in their claim petition and

the fourth respondent M/s. Image Feeds has purchased

the first respondent in the 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.

5. The brief averments in the counter filed by the

fourth 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 petitioner 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 worker 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.

Therefore, prayed this Court to dismiss the claim

petition against the fourth respondent.

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

petitioner PW.1 was examined and Ex. P1 to Ex. P12

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

and RW.2 were examined and Ex. R1 to Ex. R34 were

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 both sides written arguments were filed and the

same were also carefully considered. In support of his

contention the learned Counsel for the respondent has

relied upon the Judgments reported in CDJ 2008 SC

218, CDJ 2005 SC 604, CDJ 2002 SC 162, CDJ 2008

MHC 3631, CDJ 1990 Kar HC 368, CDJ 2009 Kar HC

442 & CDJ 1963 SC 212. On perusal of the records it

is learnt that the first respondent has exhibited Ex.R1

to Ex.R24 through RW.1 and subsequently while RW.2

was examined by fourth respondent, instead of marking

documents as Ex.R25 to Ex.R35 it was mistakenly

marked as Ex.R24 to Ex.R34 and hence, the Ex.R.24

which was marked through RW.2 was rectified and

marked as Ex.R24A 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 in to 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

898

LA GAZETTE DE L’ETAT

[24 July 2018

representing the 10% of the total employees of

erstwhile first respondent management and four

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 name of the said workers does not find in the muster

roll of the first respondent 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 four workers

viz., Tvl. (1) I. Somalingeswarudu, (2) N.S. Prasad,

(3) S. Ageswara Roa, (4) G. Prasad by the respondent

management is justified or not and if justified, what is

the relief entitled to them.

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 petitioner union namely, I. Somalingeswarudu,

N.S. Prasad. S. Nageswara Roa, G. Prasad were working

at first respondent establishment from 2001 and the

said workers have made representation for the status

of permanent workmen to the Assistant Inspector of

Labour on 04-10-2005 and also they have made

complaint before the Provident Fund Commissioner

over non extension of Provident Fund against the

management on 24-02-2006 and hence, the respondent

management was waiting for an opportunity to cause

irreparable loss to the said workers and on 24-04-2006

the workers have been restrained to enter into the first

respondent Industry by their security and hence, they

have raised the industrial dispute before the

Conciliation Officer on 24-04-2006 on the same day

and the conciliation was failed and the conciliation

failure report was submitted by the Conciliation Officer

to the Government and while the said matter was

pending before the Government 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. P12. Ex.P1

is the representation of workers, dated 04-10-2005.

Ex.P2 is the letter to Commissioner of Employees

Provident Fund, Rajahmundry, dated 24-02-2006. Ex.P3

is the copy of settlement before Conciliation Officer,

Yanam, dated 29-11-2006. Ex.P4 is the copy of letter

issued by the Chairman. Ex.P5 is the copy of the letter

submitted before the Conciliation Officer, Yanam by

the Factory Manager, dated 29-12-2005. Ex.P6 is the

copy of the letter submitted by the President to Assistant

Inspector of Labour, Yanam on 24-04-2006. Ex.P7 is the

copy of representation made by the workers on

24-04-2006. Ex.P8 is the letter to Managing Director

by the Conciliation Officer on 14-06-2006. Ex.P9 is

the failure of Conciliation report, dated 17-07-2006.

Ex. P10 is the proof of the date of joining collected by

the Enforcement Officer, Provident Fund from National

Insurance Company. Ex.P11 is the letter regarding

names of employees discarding, dated 08-08-2006.

Ex.P12 is the copy of licence issued to K.Srinivas Roa.

11. The documents and evidence of PW.1 would go

to show that the workers of the first respondent

establishment has submitted an application before the

Assistant Labour Inspector on 04-10-2005 stating that

they are working at the first respondent establishment

and the management is not paying any bonus for the

workers and that though workers have working for more

than five years they have not been given permanent

status and their service has not been regularised by the

management and they have not get any benefit of

Provident Fund, ESI and leave benefits and the

petitioner union has also sent a letter to the Regional

Provident Fund Commissioner stating that the first

respondent establishment was breaking many rules and

899

24 July 2018]

LA GAZETTE DE L’ETAT

laws and that the workers of the respondent

establishment has submitted an application wherein, the

conciliation proceedings was taken place between the

first respondent management and the workmen of the

petitioner union on 29-12-2005 and they entered into

compromise and the same was signed by both the parties

and thereafter, in the conciliation the management was

pleased to accept the demands of the petitioner union

and the petition mentioned four workers were given

permanent status with effect from 01-01-2006

on 29-12-2005 and the petitioner union has raised the

industrial dispute before the Assistant Inspector of

Labour stating that the worker Nageswara Roa who was

attending duty in ‘A’ Shift was forcefully stopped by

the security without any written instruction and on the

same day the petition mentioned four workers have

given representation to the management regarding

refusal for admission to duty and the conciliation was

failed after negotiation and the report was submitted

by the Enforcement Officer on 30-06-2006 and Ex.P12

would evident that licence which was valid up to

31-03-2016 was issued to K. Srinivas Roa, the Managing

partner of the fourth respondent establishment by

Yanam Municipality.

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 and the petitioner union has

no locus standi to raise the industrial dispute as it has no

10% of workers of the first respondent establishment.

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 manpower 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 let 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 Somalingeswarudu, S. Nageswara Roa and

G. Prasad were working only as casual workers in

various departments of the first respondent company

and 4th worker N.S. Prasad joined in their company as

apprentice on 01-11-2003 for a period of 12 months

through District Industries Center, Yanam and

thereafter, he was also engaged as casual worker and

they have not served about 5 years as stated by the

petitioner union and none of the workers have never

completed 240 days of continuous services in any of

the year they worked and that some of the workers have

been regularised by the management in the conciliation

proceedings, dated 04-10-2005 in order to maintain

industrial peace though the said workers have not

legally entitled to claim regularisation and the petition

mentioned workers have been regularised on the

suggestions of the Conciliation Officer and memorandum

of settlement arrived on 29-12-2005 and 32 workers

have accepted the regularisation and joined duty and

the petition mentioned four workers have not accepted

the regularisation under order dated 09-01-2006 and

that the four workers being casual workers and they will

do only one particular nature of job and they have

served as helpers in various section of their factory on

casual basis and they have directed to report to duty at

pellet mill section as helpers on 21-04-2006 and they

900

LA GAZETTE DE L’ETAT

[24 July 2018

have refused to work in the said section and the petition

mentioned four workers have not reported to work at

the respective places of transfer and the petitioner

union has submitted a letter to the Labour Officer

conciliation on 24-04-2006 that workers were

prevented from discharging their duty in their places

of work prior to their transfer and that therefore, the

first respondent has removed the name of petition

mentioned workers from the list of casual workers and

intimated the same on 08-08-2006 and that the petition

mentioned workers have not been terminated from

service and they have discharged from services because

of their continuous unauthorised and uninformed

absence from duty and hence, they are not entitle for

any reinstatement or back wages as claimed by them

since they are casual workers and apprentice.

15. In support of their evidence the first respondent

management has exhibited Ex.R1 to Ex. R24. Ex.R1 is

the copy of letter of authorization given to Mr. Arjuna

Babu, Personnel Officer of 1st respondent company on

30-04-2014. Ex.R2 is the order issued by DIC

Sub-Office, Yanam to respondent on 30-10-2003. Ex. R3

is the memorandum of settlement signed by Management

and its workers, dated 29-12-2005. Ex.R4 is the

Conciliation Report, dated 29-12-2005. Ex.R5 is the

order of regularisation given to 4 workers on 09-01-2006.

Ex. R6 is the transfer order given to 4 workers. Ex.R7

is the letters submitted by petitioner union to Labour

Officer (Conciliation) on 24-04-2006. Ex.R8 is the

letter of discharge simplicitor to four workers

on 08-08-2006. Ex.R9 is the registered post of

acknowledgment. Ex.R10 is the return covers. Ex.R11

is the copy of the muster roll of the respondent

company for the period from January 2006 to May, 2006.

Ex.R12 is the original letter given by M/s. Regency

Ceramics Limited to the respondent confirming employment

of Somalingeswarudu and one G. Prasad Rao

on 06-03-2010. Ex.R13 is the xerox copy of the

Possession notices given by Kotak Mahindra Bank

Limited and Standard Chartered Bank (2 Nos.). Ex. R14

is the xerox copy of the sale notice of Kotak Mahindra

Bank in the local newspaper. Ex. R15 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.R16

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.R17 is the xerox

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

Hon’ble Andhra Pradesh High Court, dated 1-09-2007.

Ex. R18 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. R19 is the copy of the orders

passed by Employees Provident Funud Appellate

Tribunal New Delhi, dated 17-09-2009. Ex. R20 is the

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

by Andhra Pradesh High Court, dated 22-10-2009. Ex. R21

is the xerox copy of the order in Writ Petition No. 4299/

2011 issued by Hon’ble High Court of Andhra Pradesh,

dated 18-05-2011. Ex. R 22 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. R23 is the xerox copy of the wire notice sent by

the Registrar of the Hon’ble High Court at Andhra

Pradesh. Ex. R24 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 there was

settlement arrived at between the workers of the first

respondent establishment and the first respondent

management under section 12(3) of the Act and the

same was signed by the workers and the first respondent

management on 29-12-2005 and the regularisation of

the petition mentioned four workers was accepted by

the first respondent management according to the

conciliation proceedings and the said four workers have

been transferred to some other departments for which

the petitioner union has raised the industrial dispute

before the Labour Officer (Conciliation) and the said four

workers have been discharged from service on 08-08-2006

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 newspaper.

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 purchase 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

901

24 July 2018]

LA GAZETTE DE L’ETAT

workers, staffs or any manpower 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.R24A to

Ex.R34. Ex.R24A is the copy of the acknowledgment

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

dated 26-09-2014. Ex.R25 is the copy of the

partnership deed entered between the partners of

M/s. Image Feeds, dated 22-09-2014. Ex.R26 is the

copy of the purchase of moveable and immovable

mortgaged properties at Yanam from Kotak Mahindra

Bank by M/s. Image Feeds, dated 17-12-2014. Ex.R27

is the copy of the PAN Card of M/s. Image Feeds. Ex.R28

is the copy of the licence issued by Yanam Municipality

in favour of M/s. Image Feeds. Ex.R29 is the copy of

the sale certificate issued by Kotak Mahindra Bank in

favour of M/s. Image Feeds. Ex.R30 is the copy of

factory licence of M/s. Image Feeds. Ex.R31 is the

copy of the acknowledge receipt issued by the Kotak

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

movable properties at Yanam. Ex.R32 is the copy of

the acknowledgement receipt issued by the Kotak

Mahindra Bank to M/s. Image Feeds for certifying the

sale proceeds and handing over the sale property.

Ex.R33 is the 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.R34 is the copy of letter of authorisation

given to S. Prasad, Assistant Admin of M/s. Image Feeds.

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 documents, it is

clear that the claim petition mentioned four workers

are the workers of the first respondent establishment

and their service has been regularised by the first

respondent establishment under Ex.R5 according to the

decision taken by the first respondent management in

the conciliation proceedings as they have been in

service for about five years. It is evident from Ex.P9

the conciliation failure report that in the conciliation

the representative of the first respondent management

has stated before the Conciliation Officer that at no

point of time the management stopped the petition

mentioned workmen from service and they have been

only transferred from their respective department to

another department for better prospects but all the

workmen had themselves left out the factory without

any intimation.

22. As the petition mentioned workers are the

workers of the first respondent establishment and it was

represented by the first respondent management before

the Conciliation Officer that this petition mentioned

workers have voluntarily left out the factory without

any intimation 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 for the unauthorised absence and

for not joining at transferred place. Further, the first

902

LA GAZETTE DE L’ETAT

[24 July 2018

respondent management has not followed any procedure

and not conducted any departmental enquiry before

discharge them from service though they have been in

service for about five year and their service have been

regularised under Ex.R5. The workers have to be

removed from service if, they have 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 four

employees. Therefore, the first respondent management

is liable to reinstate them since it has not followed the

principles of natural justice in terminating the petition

mentioned workers. 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 four 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 four 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 by

conducting domestic enquiry in accordance with the

principles of natural justice and the industrial dispute

raised by the petitioner union over non-employment of

petition mentioned workers 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 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.

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.,

903

24 July 2018]

LA GAZETTE DE L’ETAT

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 first respondent relied upon

the Judgment reported in CDJ 2009 Kar HC 442 -

M. Shashikumar Vs. Management of BPL Limited,

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 existences 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 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 re-employment.

The claim at any rate of the employee in List II as

against the Corporation under sec. 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 any more 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 section 25FF of the Act. He further contends that

the offering of compensation in terms of section

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,

904

LA GAZETTE DE L’ETAT

[24 July 2018

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

25ff 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 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

reemployment 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 Limited, 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 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. Even

though this Tribunal cannot pass any Award against the

second and third respondent Banks since they sold the

first respondent establishment to the fourth respondent

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 (1). I. Somalingeswarudu,

(2) N.S. Prasad, (3).S.Nageswara Roa, (4).G.Prasad

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.

905

24 July 2018]

LA GAZETTE DE L’ETAT

Dictated to 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—08-04-2010 — Ravi Babu

List of petitioner’s exhibits:

Ex.P1—04-10-2005 — Representation of workers.

Ex.P2—24-02-2006 — Letter to Commissioner of

Employees Provident Fund,

Rajahmundry.

Ex.P3—29-11-2006 — Copy of settlement before

Conciliation Officer, Yanam.

Ex.P4

— Copy of letter issued by the

Chairman.

Ex.P5—29-12-2005 — Copy of the letter submitted

before the Conciliation

Officer, Yanam by the

Factory Manager.

Ex.P6—24-04-2006 — Copy of the letter submitted

by the President to Assistant

Inspector of Labour, Yanam.

Ex.P7 —24-04-2006— Copy of representation made

made by the workers.

Ex.P8—14-06-2006 — Letter to Managing Director

by the Conciliation Officer.

Ex.P9—17-07-2006 — Failure of Conciliation

report.

Ex.P10

— Proof of the date of joining

collected by the Enforcement

Officer, Provident Form from

National Insurance Company.

Ex.P11—08-08-2006—Letter regarding names of

employees discarding.

Ex.P12—23-06-2015—Copy of licence issued to

K. Srinivas Roa.

List of respondent’s witnessess:

RW.1— 20-06-2014— Arjuna Babu

RW.2—20-06-2014—

S. Prasad

List of respondent’s exihibits:

Ex.R1 —30-04-2014— Copy of letter of

authorisation given to

Mr. Arjuna Babu Personnel

Officer of 1st respondent

company.

Ex.R2 —30-10-2003— Order

issued

by

DIC

Sub-Office, Yanam to

respondent.

Ex.R3 —29-12-2005— Memorandum of Settlement

signed by Management

and its workers.

Ex.R4 —2912.2005— Conciliation report.

Ex.R5 —09-01-2006— Order of regularisation

given to 4 workers (4 Nos.).

Ex.R6

— Transfer order given to 4

workers (4 Nos.).

Ex.R7 —24-04-2006— Letters submitted by

petitioner union to Labour

Officer Conciliation (4 Nos.).

Ex.R8 —08-08-2006— Letter of discharge

simplicitor to four workers

(4 Nos.).

Ex.R9—

— R e g i s t e r e d

P o s t

o f

acknowledgment.

Ex.R10—

— Return covers.

Ex.R11— Jan, 2006— Copy of the muster roll of

May, 2006

the respondent company.

Ex.R12—06-03-2010—Original letter given by

M/s. Regency Ceramics

Limited to the respondent

confirming employment of

Somalingeswarudu and one

G. Prasad Rao.

Ex.R13—

—

Xe ro x co p y o f t he

Possession notices given

by Kotak Mahindra Bank

Limited and Standard

Chartered Bank (2 Nos.).

Ex.R14—

—

Xerox copy of the sale

notice of Kotak Mahindra

Bank in the local

newspaper.

Ex.R15—17-07-2006—Xerox copy of the order in

WP. No. 14506/2006 before

the Hon’ble Andhra Pradesh

High Court.

906

LA GAZETTE DE L’ETAT

[24 July 2018

Ex.R16—25-08-2006—Xerox copy of the Interim

order in WP. No. 17714/

2006 before the Hon’ble

Andhra Pradesh High Court.

Ex.R17—11-09-2007—Xerox copy of the order in

WP.No.17714/2006 before

the Hon’ble Andhra

Pradesh High Court.

Ex.R18—21-04-2009—Xerox copy of the order in

WP. No. 8115/2009 before

t h e

H o n ’ b l e

A n d h r a

Pradesh High Court.

Ex.R19—17-09-2009—Copy of the orders passed

by EPF Appellate Tribunal

New Delhi.

Ex.R20—22-10-2009—Xerox copy of the orders

passed in WP. No. 22615/

2009 by Andhra Pradesh

High Court.

Ex.R21—18-05-2011—Xerox copy of the order in

Writ petition No. 4299/

2011 issued by Hon’ble

Hig h Co ur t o f And h ra

Pradesh.

Ex.R22—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.R23—

— Xerox copy of the wire

notice sent by the Registrar

of the Hon’ble High Court

at Andhra Pradesh.

Ex.R24 —06-12-2011—Xerox copy of the letter

given by IARC to the first

re sp o n d en t i nti mati ng

about the taking over of

liabilities of 1st respondent

to Standard Chartered

Bank.

Ex.R24A—26-09-2014—Copy of the acknowledgment

of registration of firm

certificate of M/s. Image

Feeds.

Ex.R25 —22-09-2014—Copy of the partnership

deed entered between the

partners of M/s. Image

Feeds.

Ex.R26 —17-12-2014—Copy of the purchase of

moveable and immovable

mortgaged properties at

Yanam from Kotak Mahindra

Bank by M/s. Image Feeds.

Ex.R27—

—

Copy of the PAN Card of

M/s. Image Feeds.

Ex.R28 —23-06-2015—Copy of the licence issued

by theYanam Municipality in

favour of M/s. Image Feeds.

Ex.R29 —25-02-2015—Copy of the sale certificate

issued by Kotak Mahindra

Bank in favour of M/s. Image

Feeds.

Ex.R30—

— Copy of factory licence of

M/s. Image Feeds.

Ex.R31—

— Copy of the acknowledge

receipt issued by the Kotak

Mahindra Bank to M/s. Image

Feeds for delivery of

movable properties at Yanam.

Ex.R32—

— 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.

Ex.R33—

— Copy of the no objection

lett er is sued b y Ko t ak

Mahindra Bank to Inspector

of factories for transferring

factory licence in favour of

M/s. Image Feeds.

Ex.R34 —08-11-2017—Copy of letter of

authorisation given to

S. Prasad, Asst. Admin of

M/s. Image Feeds.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 108/AIL/Lab./T/2018,

Puducherry, dated 2nd July 2018)

NOTIFICATION

Whereas, the Government is of the opinion that

an industrial dispute has arisen between the management

of M/s. V Care Pharcos, Thirubuvanai, Puducherry and

Thiru Sakthivel, Korkadu Post, Puducherry, over

reinstatement with back wages, in respect of the matter

mentioned in the Annexure to this order;