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

2018 } | 11 {

No.

37

Poudouchéry

Mardi

11

Septembre

2018 (20 Bhadra 1940)

No.

Puducherry

Tuesday

11th

September

2018

1138

LA GAZETTE DE L’ETAT

[11 September 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 81/AIL/Lab./T/2018,

Puducherry, dated 16th May 2018)

NOTIFICATION

Whereas, an Award in I.D. (T) No. 25/2012, dated

26-03-2018 of the Labour Court, Puducherry in

respect of the industrial dispute between management

of M/s. Hindustan Unilever Limited., Tea Factory,

Kirumapakkam, Puducherry and HLL Tea Workers

Welfare Union and Hindustan Unilever Tea unit

Employees Union over charter of demands has been

received;

Now, therefore, in exercise of the powers conferred by

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

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

with the Notification issued in Labour Department's

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

hereby directed by the Secretary to Government

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

Official Gazette, Puducherry.

(By order)

S. MOUTTOULINGAM,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer,

Monday, the 26th day of March, 2018

I.D. (T) No. 25/2012

1. HLL Tea Workers Welfare Union,

Rep., by its Secretary,

Reg. No. 1483/RTU/2007,

No. 34, Madha Koil Street,

Korkkumedu, Thavalakuppam,

Kattupalayam Post,

Puducherry.

2. Hindustan Unilever Tea unit

Employees Union,

Rep., by its President,

Reg. Office at No. 44, Ellaiamman

Koil Street, Korkaadu

and Post, Villianur,

Puducherry-110

. . Petitioners

Versus

The Managing Director,

M/s. Hindustan Unilever Limited,

Tea Factory, No. 9(3), Cuddalore Road,

Kirumapakkam,

Puducherry-607 402.

. .

Respondent.

This industrial dispute coming on 06-03-2018

before me for final hearing in the presence of

Thiruvalarkal P.R. Thiruneelakandan and A. Mithun

Chakkaravarthy, Counsel for the petitioners, and

Thiruvalarkal L. Sathish, T. Pravin, V. Veeraragavan,

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. 141/AIL/Lab./J/2012,

dated 23-08-2012 for adjudicating the following:-

(a) Whether the dispute raised by the unions HLL

Tea Workers Welfare Union and Hindustan Unilever

Tea Unit Employees Union against the management

of M/s. HUL Tea Factory, Puducherry, over charter

of demands to advise the management such as

(i) not to procure the blended tea outside the

factory and carry the manufacturing process of

blending of tea in the factory as per licence granted

to the factory,

(ii) to pass necessary order not to alter the

weight of the blended tea bag to 550 kgs. against the

agreed terms of the 12(3) settlement that too

without issuing prior notice to the workers as

required under section 9 of the Industrial Disputes

Act, 1947.

(iii) to withdraw the suspension order, charge

memo against the worker Thiru S. Rajendirane and

(iv) to pass necessary order to lift the illegal

lockout against the entire worker and pay wage to

the workers during the period of illegal lockout is

justified?

(b) Whether the dispute raised by the unions

against the management of M/s. HUL Tea Factory

regarding the lockout declared by the management

is illegal is justified? If so, to give appropriate

direction?

(c) To what other relief the workmen represented

by the unions are entitled to?

1139

11 September 2018]

LA GAZETTE DE L’ETAT

2. The petitioner unions have submitted the claim

statement before this Court stating that they are the

registered trade union in the respondent establishment

who engaged in manufacturing process of blending of

packaging of tea and that settlement was arrived on

07-05-2007

for

4

years

period

between

the

management and the petitioner unions with regard to

the wage revision and other allowances and certain

other issues relating to the service conditions of the

workers and the respondent management did not

consider the petitioners demand and suppress the

demand of the petitioners and the negotiation was

failed and therefore, the petitioner unions raised an

industrial dispute over the charter of demand for wage

revision and other allowances before the Labour

Officer (Conciliation) which was ended in failure and the

same was pending before this Court and while pending

of the said dispute the respondent without consulting

with the workers or with the trade union unilaterally

decided to increase the production level and retrench

the existing man power by means of rationalization and

all of sudden they stopped the manufacturing process

of blending of Tea and procured the blended tea

directly from the market and thereby, the considerable

number of workers employed in the manufacturing

process were rendered jobless and were kept idle and

their services were likely to reduce the workers

working in Tea pack area, the tea weight of the tea pack

which was used in the packing area was increased from

300 kgs. to 550 kgs. and without giving any notice to the

workers and the Trade union, automatic packing

machines, cranes, etc., in the factory was installed

likely to retrenchment of work force and the increase

of tea bag weight was likely to harm the workers who

were handling and lifting the tea bags from ground

floor to machine hopper area and therefore, the same

was objected by the employees and the workers

Vijayakumar and M. Sathyanathan were forced to lift

the 550 kgs. jumbo bag of blended tea to the machine

hopper area, due to over weight the tea bag and the

crane fell down on the workers and they got struck

under the crane and subsequently, they have been

rescued and later they sent to hospital for treatment

and immediately the respondent stopped the production

and expelled out the workers working in the said shift

and the factory main gate was closed and no workers

were permitted to enter into the factory from 23-05-2012

general shift and the Inspector of factory conducted

spot inspection and passed an order prohibiting the

respondent to handle 550 kgs. blended tea bag in the

packing area as it is unsafe to the workers and the

respondent management coerce the workers and

victimize the office bearer of the petitioner union

and the Secretary of the first petitioner union

Thiru Rajendirane was suspended from service from

24-05-2012 alleging that he had not allowed the respondent

to remove the crane and 550 kgs. blended tea bag which

was involved in the accident and that the petitioner

union secretary Thiru Rajendirane had nothing to do

with the accident and the workers strongly condemn

the victimization act of the respondent against the said

secretary of the first petitioner union and an industrial

dispute was raised before the Labour Officer

(Conciliation) over the issue of procurement of blended

tea outside the factory, alteration of weight of the

blended tea bags in the packing area and to declare the

illegal lockout of the respondent factory from 24-05-2012,

the issue over the suspension, charge memo

victimization against the worker Thiru S. Rajendirane

and that the stoppage of manufacturing process of

blending of Tea and procured the blended Tea outside

the factory and installation of automatic machines and

increase the weight of tea bags from 300 kgs. to 550 kgs.

in the name of rationalization certainly lead to

retrenchment of existing workers and it shall not be

done without giving prior notice to the workers or

trade union and that the said Thiru Rajendirane has not

committed any misconduct as alleged by the respondent

management and though the said Thiru Rajendirane is

the protected workman the act of the respondent

management is unfair labour practice and only to

victimize the members of the petitioner union the

action has been taken by the management and therefore,

they have prayed to pass an award holding that the

stoppage of manufacturing process of blending of tea

and procurement the blended tea outside factory and

alter the weight of blended teabag from 300 kgs. to

550 kgs. and installing automatic machine, without

giving any prior notice to the workers trade union is

illegal and violation of section 9 and section 33 A of

Industrial Disputes Act and also prayed to pass an

award holding that the suspension and charge memo

against the worker Thiru Rajendirane is illegal and the

lockout of the respondent factory from 24-05-2012 is

also illegal and to pay wages to union members.

3. On the other hand, the respondent management

has filed the counter statement stating that the

petitioner unions have no locus standi to raise the

industrial dispute in view of majority of its workers

have already agreed to close the present dispute after

the comprehensive settlement of all their disputes with

the respondent management and that the petitioner

trade unions do not even have the required strength

of the members and they have only 14 workers as its

1140

LA GAZETTE DE L’ETAT

[11 September 2018

members inclusive of its office bearers and when the

pendency of this dispute, workers of respondent

factory formed yet another registered union by name

National Employees Trade Union and they entered into

a comprehensive Long Term Settlement on 04-03-2014

with the respondent management resolving all their

disputes on wage revision and other issues and the said

settlement is operative for the next four years and until

such time a new settlement is signed and the said

settlement was signed by 10 office bearers of said

union which was specifically, agreed by the said Union

that they shall take all steps to close the dispute in

ID(T). No. 4/2012 and ID(T). No. 25/2012 and the said

Long Term Settlement was individually accepted and

ratified by 107 workers out of 121 permanent workers

by giving individual letters on various dates and they

have also individually agreed to close the industrial

disputes since the majority of 107 workers out of 121

workers have settled their disputes and grievances

pertaining to the present industrial dispute with

the respondent management and that the said

Thiru Rajendirane is apprehensive of facing a free and fair

domestic enquiry for the grave charges of misconduct

levelled against him and once the majority of workers

have agreed to withdraw the present industrial dispute

the office bearers of the petitioner unions cannot

agitate the present dispute for their individual benefits

against the wishes of majority workers and insist on

adjudication of dispute on merits and the dispute shall

be deemed to have been settled and closed by mutual

consensus between the respondent and majority of its

workers and hence, the disputed has to be dismissed

as settled out of Court and that the charge-sheet and

suspension of the said Thiru Rajandrane is not an

industrial dispute and it has not become infructuous

and that the blending activities were never stopped in

toto and there was never any retrenchment of workers

and that the respondent had introduce new machines

increased the weight of baggage in tea packing area

from 300 kgs. to 550 kgs. is true and that the

accusations and statements made by petitioners posing

a dangerous picture because of such increase in the

weight are sheer exaggerations and distortion of actual

facts and that the respondent is fully justified and

authorized to introduce any new machines and alter the

manufacturing process to increase its productivity and

pave way for higher income to its workers and that on

23-05-2012 the 550 kgs. of bag slipped from the crane

because of excess weight and it fell on two workers,

who were rendered unconscious and were taken to

hospital is denied and it is a false statement made by

the petitioner unions in the present claim petition

which is in total contrast to their stand in Civil Suit in

OS. No. 809/2011 and that there are lot of variations

between claim statement made by the petitioner unions

and the petition presented by petitioners to the Labour

Officer (Conciliation) and there is glaring contradictions

in the statements of petitioners on different occasion

exposes the evil mindset of petitioner unions and their

untrustworthiness and that the respondent expelled the

workers from the factory main gate and prohibited the

workers from entering into the factory from 23-05-2012

and there was an illegal lock out by the respondent is

denied and it is totally false and perverse and that the

workers alone conducting illegal strike and threatening

the workers who dared resume work and there was no

lockout committed by the respondent.

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

petitioner PW.1 was examined and Ex.P1 to Ex.P39

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

was examined and Ex.R1 to Ex.R24 were marked. Both

side arguments were heard. The pleadings of the

parties, the evidence let in by both sides and the

exhibits marked on either side are carefully

considered. On the side of the respondent written

argument was filed and the same was also carefully. In

support of his contention the learned Counsel for the

respondent has relief upon the Judgment reported in

CDJ 2011 MHC 1952, CDJ 2013 Cal HC 667 and

(1995 1 LLJ 246).

5. The point for consideration is:

Whether the dispute raised by the petitioner unions

against the respondent management, over the charter of

demands to advise the management such as not to

procure the blended tea outside the factory and carry

the manufacturing process of blending of tea in the

factory as per licence granted to the factory and not

to alter the weight of the blended tea bag to 550 kgs.

against the agreed terms of the 12(3) settlement that

too without issuing prior notice to the workers as

required under section 9 A of the Industrial Disputes

Act and to withdraw the suspension order, charge memo

issued against the worker Thiru Rajendirane and to lift

the illegal lock out against the entire worker and pay

wage to the workers during the period of illegal

lockout and to declare that the respondent management

has committed illegal lockout is justified or not and

if, justified, what is the relief entitled to them.

6. On the point:

In order to prove the case of the petitioner union

the Secretary of the first petitioner union was

examined as PW.1 and he has stated all the facts which

are in the claim statement. The vital evidence of the

PW.1 is that 121 permanent workers were working at

1141

11 September 2018]

LA GAZETTE DE L’ETAT

the respondent establishment apart from the contract

workers and there was a settlement arrived at between

the management and the petitioner union on 07-05-2007

for the period of four years which came to an end on

06-05-2011 and the petitioner union has submitted the

charter of demands on 11-02-2011 which was not

considered by the management and the industrial

dispute was raised while it was pending in violation of

12(3) settlement the respondent management has

changed the service condition by allowing 550 kgs.

blended tea bag and therefore, the union has raised its

objection on 24-10-2011 which was not accepted by

the management and that therefore, the complaint was

made before the Labour Officer (Conciliation) on

06-03-2012 for the change of service condition made

by the management and on 23-05-2012 in the second

shift workers Vijayakumar and Sathyanathan and one

crane operator Arulraj were forced to handled the 550 kgs.

blended tea bag which was fell down at about 04.50 p.m.,

and they have sustained injuries and therefore, the

workers and the union secretary Thiru Rajendirane

have objected to handle the said tea bags and it was

informed to the Labour Department and submitted the

report to the Labour Inspector on 24-05-2012 and

therefore, on 24-05-2012 the factory was inspected by

the Factory Inspector and issued show cause notice to

the management and therefore, the respondent

management has issued notice to him on 29-05-2012

and issued memo to him asking explanation and on

31-05-2012 the dispute was raised before the

Conciliation Officer and he replied for the memo on

02-06-2012 along with the explanation and thereafter,

the Factory Inspector has passed an order against the

respondent management restraining them to handle

550 kgs. blended tea bags on 11-06-2012 and that the

management has issued the domestic enquiry notice on

26-06-2012 and therefore, the petitioner union has

raised the industrial dispute wherein, the conciliation

negotiation was taken place and subsequently failed

and that the respondent management took disciplinary

proceedings and commenced domestic enquiry

on 14-07-2012 and the reference has been sent by the

Government to this Tribunal regarding the above

dispute and the act of the respondent management is

only to victimize him and therefore the Hon'ble High

Court was pleased to stay the domestic enquiry

on 05-06-2013 and thereafter on 06-11-2013 the

report of the domestic enquiry was served by the

management to him.

7. In support of their oral evidence the petitioner

unions have exhibited Ex.P1 to Ex.P39. Ex.P1 is the copy

of the union registration certificate, dated 06-10-2010.

Ex.P2 is the copy of petitioner union complaint to

respondent and Labour Officer, dated 24-10-2011. Ex.P3

is the copy of petitioner union complaint to Labour

Officer, dated 06-03-2012. Ex.P4 to Ex.P6 are the copy

of petitioner union's members namely Arulraj,

Vijayakumar and Sathyanathan letters to the respondent,

dated 23-05-2012. Ex.P7 is the copy of petitioner

union complaint to the Inspector of Factories, dated

24-05-2012. Ex.P8 is the copy of petitioner union

complaint to the Labour Officer (Conciliation), dated

24-05-2012. Ex.P9 is the copy of petitioner union

office bearer namely Thiru Rajendirane suspension

order, dated 24-05-2012. Ex.P10 is the copy of petitioner

union letter to the respondent, dated 24-05-2012. Ex.P11

is the copy of petitioner union letter to the respondent,

dated 24-05-2012. Ex.P12 is the copy of Inspector of

Factories inspection report, dated 25-05-2012. Ex.P13

is the copy of Inspector of Factories letter to the

management (Show cause notice), dated 25-05-2012.

Ex.P14 is the copy of petitioner union office bearer

namely Thiru Rajendirane charge-sheet-cum-show

cause notice, dated 29-05-2012. Ex.P15 is the copy

of petitioner union raised dispute before the Labour

Officer (Conciliation) ID.(LOC) No.1463 of 2012 on

31-05-2012. Ex.P16 is the copy of petitioner union

office bearer Thiru S. Rajendirane reply to the

charge-sheet on 02-06-2012. Ex.P17 is the copy of

conciliation notice, dated 04-06-2012. Ex.P18 is the

copy of Inspector of Factories (Prohibition order),

dated 11-06-2012. Ex.P19 is the copy of petitioner

union general body meeting passed a resolution on

24-06-2012. Ex.P20 is the copy of Thiru Rajendirane

domestic enquiry notice, dated 26-06-2012. Ex.P21 is

the copy of conciliation failure report in I.D. No.1463/

2012/LO(c)/AIL, dated 27-06-2012. Ex.P22 is the copy

of Enquiry Officer notice, dated 05-07-2012. Ex.P23

is the copy of Thiru Rajendirane reply to the Enquiry

Officer and respondent, dated 14-07-2012. Ex.P24 is

the copy of Thiru Rajendirane reply to the Enquiry

Officer, dated 10-08-2012. Ex.P25 is the copy of

Enquiry Officer notice and enquiry proceedings, dated

18-08-2012. Ex.P26 is the copy of Government

reference, dated 23-08-2012. Ex.P27 is the copy of

Thiru Rajendirane reply to the Enquiry Officer,

respondent, dated 05-08-2012. Ex.P28 is the copy of

Court notice, dated 17-09-2012. Ex.P29 is the copy

of Enquiry Officer notice, dated 20-09-2012. Ex.P30

is the copy of Enquiry Officer notice and enquiry

proceedings, dated 20-10-2012. Ex.P31 is the copy

of Enquiry Officer notice and attachment, dated

25-01-2013. Ex.P32 is the copy of Thiru Rajendirane

reply to the Enquiry Officer, dated 02-02-2013.

Ex.P33 is copy of respo ndent letter to the

Thiru Rajendirane, dated 06-11-2013. Ex.P35 is the copy

of legal notice to the respondent, dated 11-11-2013.

1142

LA GAZETTE DE L’ETAT

[11 September 2018

Ex.P36 is the copy of High Court passed an order in

WP.No.15079 of 2013 on 25-07-2014. Ex.P37 is the

copy of respondent's enquiry notice, dated 05-09-2014.

Ex.P38 is the copy of Thiru Rajendirane reply to the

respondent, dated 11-10-2014. Ex.P39 is the copy of

the letter given by the respondent to the President of

HLL Tea Workers Welfare union, dated 28-06-2017.

8. The above documents would evident that the

petitioner union has made a complaint to the

management on 24-10-2011 that without negotiating

the workers the management has raised the weight of

the blended tea bag from 300 kgs. to 550 kgs. against

the terms of the 12(3) settlement and on 06-03-2012

the union has raised an industrial dispute for the said

change of service condition that raising the blended

tea bag from 300 kgs. to 550 kgs. and some of the

employees

namely

Arulraj,

Vijayakumar

and

Sathyanathan have made a complaint to the manager of

the respondent establishment that they would not handle

550 kgs. bags and thereafter, the union has made a

complaint on 24-05-2012 to the Inspector of Factories

regarding the alleged accident and show cause notice

was issued by the Inspector of Factories to the

respondent management on 25-05-2012 regarding the

contravention alleged to have been committed by the

factory stating that the management has not provided

adequate

information,

instruction,

training

and

supervision as are necessary to ensure health and

s a fe t y wh i l e h a n d l i ng t h e j u mb o b a g s a n d

Thiru Rajendirane was given charge-sheet-cum-show

cause notice and on 31-05-2012 the petitioner unions have

filed the claim statement before the Labour Officer

(Conciliation) to withdraw the suspension order,

charge memo against the worker Thiru Rajendirane in

connection with the abovesaid incident of entire

workers and to lift the illegal lockout and the said

Thiru Rajendirane submitted explanation for the charge

memo and that the conciliation was failed and further

it is learnt from the records that the Inspector of

Factories has inspected the factory of the respondent

and has issued an order prohibiting further, handling of

materials of 550 kgs. jumbo bags under section 92 of

the Factories Act and thereafter on 24-06-2012 the

general body meeting was conducted by the union and

passed a resolution to ask the management to withdraw

the suspension order passed against the worker

Thiru Rajendirane and to withdraw the charge memo and

on 26-06-2012 domestic enquiry notice was issued to

Thiru Rajendirane by the management and the

conciliation proceedings were failed for which the

Labour Department has submitted the report on 27-06-2012

and that the worker Thiru Rajendirane has submitted a

reply on 02-02-2013 before the Enquiry Officer.

9.

On the other hand the respondent management

has examined the Senior Executive-HR of the

respondent as RW.1 who has stated all the facts stated

in the counter statement and in support of their case

the respondent management has exhibited Ex.R1 to

Ex.R24. Ex.R1 is the copy of chief affidavit filed by

HLL Tea Workers Welfare union (Tea Division) in

OS. No.809/2012, dated 03-07-2012. Ex.R2 is the

copy of written statement filed by HLL Tea Workers

Welfare union (Tea Division) in OS. No. 809/2012,

dated 02-07-2012. Ex.R3 is the copy of plaint filed

by HLL Tea Workers Welfare union (Tea Division) &

Hindustan Unilever Theyilai Pirivu Thozhilalar sangam in

OS.No.809/2012. Ex.R3 is the copy of docket order in

I.A. No.1555/2012 in OS.No.809/2012, dated 03-07-2012.

Ex.R5 is the copy of memorandum of settlement under

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

dated 07-05-2007. Ex.R6 is the copy of respondent

factory licence. Ex.R7 is the copy of letter of

authorization to Mr.Karthick working as Sr. Executive

HR in respondent factory, dated 10-04-2017. Ex.R8

is the copy of the certified standing orders of the

respondent's factory, dated 15-03-2004. Ex.R9 is the

copy of the reply letter given by respondent to

Conciliation Officer over the issue of alleged change

in service conditions given by 1st petitioner union,

dated 14-06-2011. Ex.R10 is the copy of the reply,

letter given by the respondent to 1st petitioner

referring to notice of usage of 550 kgs. tea bag process

and its Tamil translation, dated 23-01-2012. Ex.R11

is the copy of the reply letter given by the respondent

to the 1st petitioner over the implementation of

550 kgs. tea bags with its Tamil translation. Ex.R11 is

the copy of the reply letter given by the respondent to

the Conciliation Officer in respondent to complaint

given by 1st petitioner union alleging violation of

12(3) settlement, dated 07-05-2007. Ex.R13 is the

copy of the reply letter given by the management to

Inspector of Factories concurring to make suitable

changes for using 550 kgs. bags, dated 12-04-2012.

Ex.R14 is the copy of reports of examination done by

expert Engineers and valuers on Hopper feeding EOT

crane, dated 19-05-2012. Ex.R15 is the copy of the

letter given by respondent to Conciliation Officer

informing him about the illegal strike by the

petitioners commenced by them alongwith photos

(4 Nos.) on 24-05-2012. Ex.R16 is the copy of the

letter given by the respondent to SHO Kirumambakkam

for providing protection to respondent's factory in view

of illegal strike by petitioner union on 24-05-2012.

Ex.R17 is the copy of reports of examination done by

expert Engineers and valuers on Hopper feeding EOT

crane, dated 24-05-2012. Ex.R18 is the copy of the

1143

11 September 2018]

LA GAZETTE DE L’ETAT

equipment breakdown service report given by the

Cranedge India Pvt., Ltd., to respondent, dated 26-05-2012.

Ex.R19 are the copies of the notices issued by respondent

to employees warning them of consequences of illegal

strike by petitioner union from 23-05-2012 to 28-06-2012.

Ex.R20 is the copy of the reply letter given by the

respondent to the show-cause notice of Inspector of

factories, dated 25-02-2012. Ex.R21 is the copy of the

letter given by the respondent to Labour Commissioner

informing him about the ongoing illegal strike by

petitioners, dated 15-06-2012. Ex.R22 is the copy of

the 18(1) settlement arrived between the respondent

and National employees trade union, dated 04-03-2013.

Ex.R23 are the copies of the individual undertaking

given by 107 employees accepting 18(1) settlement,

dated 04-03-2013 from 05-03-2012 to 13-05-2014.

Ex.R24 are the copies of the minutes of the meeting

between the respondent and the joint negotiation

committee comprising of three out of four unions in

respondent's factory.

10. The above documents would evident that the

respondent management has filed a Suit in O.S.No. 809/2012

before the III Additional District Munsif, Puducherry

for the order of permanent injunction against the union

restraining them to conduct any strike, agitation,

demonstration, raising any slogans within the premises

or within the area of 500 metres from the entrance of

this factory in the month of July, 2012 and that there

was a memorandum of settlement executed between

the union and the management on 07-05-2007 and that

the respondent establishment has certified standing

order and that there was conciliation proceedings

wherein, the respondent management has submitted

several reply letters and that there was failure in crane

machines and that was examined by the expert

engineers and valuers and report was given by them and

equipment breakdown report was also given by them

and notices were issued to the employees against the

alleged illegal strike by the management warning them

of consequences of illegal strike by petitioner union

and that the management has replied for the show cause

notice issued by the Factory Inspector and it was

reported

by

the

management

to

the

Labour

Commissioner informing about the ongoing strike by

the members of the petitioner union and on 04-03-2012

the settlement under section 18(1) was arrived at

between the employees of the respondent establishment

and National Employees Trade Union and individual

undertakings were given by 107 employees accepting

the 18(1) settlement on various dates from 05-03-2012

to 13-05-2014 and meeting was held between the

respondent and the joint negotiation committee

comprising of three out of four unions in the

respondent's factory.

11. Though the respondent management to disprove

the case of the petitioner union exhibited Ex.R1 to

Ex.R24, out of which Ex.R22 to Ex.R24 are the vital

documents. Ex.R22 is the copy of 18(1) settlement

arrived at between the respondent management and

National Employees Trade Union wherein, it has been

elaborately discussed regarding earlier dispute raised

by the other petitioner union and conciliation

proceedings was taken place and conciliation report

was submitted by the conciliation on 29-03-2012 and

that there was a negotiation taken place based on the

representation of the employees, dated 25-02-2013

regarding their charter of demands, dated 02-03-2013

and settlement was arrived at between the parties and

signed by them on 04-03-2013 and wages were revised

and settlement was signed with regard to the scale of

pay, production incentives, bonus, festival advance,

uniform, leave, annual increment and to give increase

in the basic pay of the permanent employees, dearness

allowances and other allowances. Ex.R23 is the vital

document wherein, 107 employees have signed

individually agreed and accepted the settlement

executed between the National Employees Trade Union

and the management and individual undertakings were

executed by them to the management agreeing and

accepting the terms and conditions of the 18(1)

settlement arrived at between the said parties and the

said document would reveal that out of 121 employees

except 14 all other employees of the respondent

establishment have agreed to the said 18(1) settlement

wherein it was also agreed by 107 employees that to

with draw the dispute raised by them in I.D. (T) No. 4/2012

and I.D. (T) No. 25/2012. Ex.R24 would reveal that

there was a meeting between the employees of the

respondent establishment and the respondent management

and they have negotiated the above dispute and

settlement under section 18(1) of the Act was arrived

at between them. Therefore, the main contention of

the respondent management that they have entered

18(1) settlement with the majority of 107 workers out

of 121 workers and the office bearers of the petitioner

unions alone have not accepted 18(1) settlement and

as the majority of the union members have accepted

the settlement and employees are receiving the revised

wages as agreed in the settlement after agreeing to

withdraw the dispute in I.D. (T) No. 4/2012 and I.D. (T)

No. 25/2012, these petitioner unions have no right to

continue the dispute seeking relief which are prayed

in the claim statement.

12. It is an admitted fact that there were 121

permanent workers working at the respondent

establishment and the documents exhibited by the

respondent would go to show that out of 121 workers

1144

LA GAZETTE DE L’ETAT

[11 September 2018

107 workers have agreed the 18(1) settlement wherein,

they have given an undertaking to withdraw the

industrial dispute raised by them in I.D. (T) No. 25/2012.

However, the said settlement is only with regard to the

wage revision and not regard to the other reliefs

claimed by the petitioners in the claim statement.

Therefore, now it is to be decided that whether the

petitioners are entitled for the relief as claimed before

the Conciliation Officer and whether the respondent can

be directed to not to procure the blended tea outside

the factory and carry the manufacturing process of

blending of tea in the factory as per licence granted

to the factory and whether prohibited order can be

passed that not to alter the weight of the blended tea

bag to 550 kgs. against the agreed terms of the 12(3)

settlement that too without issuing prior notice to the

workers as required under section 9 A of the Industrial

Disputes Act and to withdraw the suspension order,

charge memo given against the worker Thiru Rajendirane

and whether the order can be passed to lift the illegal

lock out against the entire workers and pay wage to the

workers during the period of illegal lockout of the

respondent factory.

13. It is the main contention of the respondent

management that there is no contractual prohibition in

procuring blending tea from outside the factory in the

licence of the respondent and the 12(3) settlement

marked under Ex.R5 does not prohibit the respondent

establishment from procuring the blending tea from

outside. On this aspect 12(3) settlement was carefully

perused. The said settlement would reveal the fact that

the said prohibition does not find in the settlement that

the respondent establishment should not procure

blended tea outside the factory and the licence which

is exhibited as Ex.R6 also does not find any such

prohibition that the factory should not be permitted to

procure blended tea from outside. Since, there is no

prohibition in licence or in the 12(3) settlement the

respondent management cannot be prohibited by this

Tribunal not to procure the blended tea outside the

factory and not to carry the blended tea and neither the

employees of the union nor the workers have made any

complaint to the management that objecting to

procurement of blending tea from outside and

absolutely there is no evidence that there was any

retrenchment of workers due to such procurement of

blending tea from outside and that therefore, it is

decided that the dispute raised by the petitioner unions

that to advise the management not to procure the

blended tea factory is not sustainable as there is no

condition in the licence that the factory should not

bring any blending tea from the outside of the factory.

14. It is the second demand of the petitioner unions

that without giving notice under section 9 of the

Industrial Disputes Act the respondent management

altered the weight of the blended tea bag to 550 kgs.

against the agreed terms of 12(3) settlement. It is an

admitted fact that the respondent management has

without giving notice under section 9A of the Act has

increased the weight of the blending bags from 300 kgs.

to 550 kgs. If, there is any change of service condition

the management has to give statutory notice under

section 9A of the Act. It is the further case of the

petitioners unions that change of weightage from 300 kgs.

to 550 kgs. is against the agreed terms of 12(3)

settlement and notice was not given under section 9A

of the Act. The said 12(3) settlement was exhibited

as Ex.R5. The petitioner has not at all stated in which

clause under the 12 (3) settlement such prohibition

was accepted by the management and they have not

come forward to even exhibit the said 12(3) settlement

on their side. On the other hand the respondent

management has exhibited the said 12(3) settlement as

Ex.R5 and it is also admitted by PW.1 the Secretary

of the petitioner union that such clause is not found

in the 12(3) settlement prohibiting the management

from increasing the weight of blending tea bags from

300 kgs. to 550 kgs. The learned Counsel for the

respondent has pointed out in his argument that the

clause 5 of the said settlement specifically empowers

the respondent management to introduce the new bags

and change the packing materials. The clause 5 of the

12(3) settlement is carefully perused which runs as

follows:

"The union appreciates the fact that in order to

remain competitive in the rapidly changing market

place, it is absolutely essential to respond to changes,

in the shortest possible time. It is specifically

understood that there could be changes in packing

materials, introduction of new packs/new products/new

machines, changes in layout/machine speeds/work

methods/process/capacity of equipment, etc,, during

the operative period of this settlement. As in the past,

union would agree to extend its support and commits

itself to ensure that all such changes are implemented

and stabilized within 15 days".

From the above clause (5) of the 12(3) settlement

it is clear that under the 12(3) settlement empowers

the management to implement changes in packing

materials, new packs new products, new machines, lay

out, work methods, process, capacity of equipment

during the period of the settlement and that therefore,

the respondent management is permitted by the

1145

11 September 2018]

LA GAZETTE DE L’ETAT

employees to alter the package materials and size and

increase the capacity of the packing materials. Since,

it was agreed by the employees under 12(3) settlement

that the change can be made by the management for

which the notice under section 9A of the Act is not

necessary and therefore, no notice is required to change

such process i.e., increasing the weightage of blending

tea bag from 300 kgs. to 550 kgs. Further, as rightly

pointed out by the respondent management that even

after such change the majority of the 107 workers out

of 121 workers have entered the 18(1) settlement and

accepted such change and undertake to withdraw the

disputes raised by them and that therefore, it is decided

that the industrial dispute raised by the petitioner

unions that to pass necessary order not to alter the

weight of the blended tea bags to 550 kgs. against the

agreed terms of the 12(3) settlement that too without

issuing notice to the workers as required under

section 9A of the Act is also not sustainable.

15. This reference also has been referred to this

Tribunal to decide the issue raised by the petitioner

unions that whether the suspension order and charge

memo issued by the management against the secretary

of the petitioner union Thiru Rajendirane is

sustainable or not and whether it can be ordered to

withdraw. It is the case of the petitioner unions that

on 23-05-2012 the weight of 550 kgs. of blended tea

jumbo bags and crane fell on the workers due to over

weight and workers got struck under the crane and the

bag and they have been rescued by other workers and

the management has stopped the production and coerce

the workers and to victimize the office bearers of the

petitioner union particularly the secretary of the first

petitioner union namely Thiru Rajendirane was

suspended from service from 24-05-2012 alleging

that he had not allowed the respondent management to

remove the crane and the 550 kgs. blended tea bag

which involved in the accident and the secretary had

nothing to do with the accident and he has only

objected the respondent to remove the crane machine

and tea bag so as to facilitate the Inspector of

Factories to enquire into the cause of accident and

safety of the workers and that therefore, the union has

raised the industrial dispute before the Labour Officer

(Conciliation), over the issue of procurement of blended

tea outside the factory, alteration of weight of the

blended tea bags in the packing area and the issue over

the suspension, charge memo victimization against the

worker Thiru S. Rajendirane. On the other hand, it is

stated by the respondent management that the

petitioner unions have no locus standi to challenge the

suspension as the suspension was not inflicted on him

by way of punishment and it was only suspension

pending enquiry and such suspension is not an

industrial dispute that can be challenged before this

Tribunal and it would not affect the service condition

of delinquent employee and he was suspended only

after considering the gravity of situation pending

enquiry and he was instigating the workers to go on

illegal strike and he was disrupting the peaceful

functioning of the factory and he commenced illegal

strike from 24-05-2012 which stalled the entire

activities of the respondent factory.

16. On perusal of Ex.P14 - the copy of charge-sheet-

cum-show cause notice issued to the said Thiru Rajendirane

by the respondent management on 29-05-2012 which

would reveal the fact that the said Thiru Rajendirane

has only questioned the removal of the crane and bag

after the alleged accident and he asked the Production

Manager of the factory that not to remove the crane

and 550 kgs. blended tea bag alleged to have fell down

in the said accident. It is not disputed by the

respondent management that such accident has not

taken place on 23-05-2012. As the secretary of the

union the said Thiru Rajendirane has asked the

management the Production Manager that not to

remove the same since they have sought for relief

from the Inspector of Factories and that therefore, the

allegation levelled against the Secretary of the first

petitioner union Thiru Rajendirane is not at all

sufficient to suspend the said Thiru Rajendirane from

service as he was the secretary of the first petitioner

union and having the right to ask the management that

not to remove the crane and 550 kgs. blended tea bag

which is alleged to have been fell down on the said

date in the accident till the arrival of Factory Inspector

to whom they lodged the complaint. Furthermore, the

suspension order passed by the respondent management

which is exhibited as Ex.P9 would reveal the fact that

even without hearing the said Thiru Rajendirane and

without issuing memo or show cause notice to him the

said Thiru Rajendirane was suspended by the

management which is against the principles of natural

justice and there was no urgency to suspend him from

service while he was asking the management that not

to remove the crane as well as the 550 kgs. blended

tea bag and therefore, the industrial dispute raised by

the petitioner unions with regard to the withdrawal of

the suspension order of the said Thiru Rajendirane has

to be justified and the relief sought for by the

petitioner unions that to pass an order to withdraw the

suspension order and charge memo can be ordered and

1146

LA GAZETTE DE L’ETAT

[11 September 2018

as such the order of suspension issued by the

respondent management under Ex.P9 and charge-memo

issued by the respondent management issued by the

respondent management under Ex.P14 ordered to be

withdrawn.

17. The yet another main contention of the

petitioner unions is that the respondent management

has declared illegal lockout from 24-05-2012 and this

reference has been sent to this Tribunal also to decide

the issue that whether the industrial dispute raised by

the petitioner unions to pass necessary order to lift the

illegal lockout against the entire workers and pay wage

to the workers during the period of illegal lockout and

to declare that the lockout is illegal is justified or not.

It is stated in the claim petition by the petitioner

unions that when the workers of the petitioner unions

protested against the respondent management to use

550 kgs. blended tea bags in the packing area and

objected to continue the packing with 550 kgs. bags

and demanded enquiry by the Inspector of Factories

the respondent management has stopped the production

and expelled out the workers working in the said shift

and the factory main gate was closed and no workers

were permitted to enter into the factory from

23-05-2012 general shift. On the other hand, it is contended

by the respondent management that the Secretary of

the first petitioner union Thiru Rajendirane has

instigated some of the workers to go on illegal strike

with effect from 24-05-2012 and they have not

announced any lockout as stated by the petitioners and

it is the argument of the respondent management that

Ex.R15 to Ex.R17 and Ex.R20 would reveal the fact

that the petitioner union has instigated the workers to

go on illegal strike with effect from 24-05-2012 and

that therefore, the suit in O.S. No. 809/2012 was filed

by the respondent management and the said suit plaint

was exhibited as Ex.R1 wherein the petitioner union

has filed the written statement which is exhibited as

Ex.R2. On this aspect the evidence of PW.1 in his

cross examination is carefully perused which runs as

follows :

" ....... (Illegal

lockout)

















claim statement





Illegal lockout











claim statement of proof affidavit



































Ex.P15first shift





first

shift













Ex.P15para



Ex.P10page



Ex.P10

lockout



Ex.P10 and

Ex.P11

lockoutEx.P10

and Ex.P11















Ex.P10

and

Ex.P11











……….."

From the above evidence, it is clear that PW1 has

admitted that they have announced strike on 24-05-2012

and it was also evident from Ex.P15 that they have

involved in strike from 24-05-2012 and the respondent

management has made a complaint to the Sub-Inspector

of Police on 24-05-2012 to provide vigilance outside

1147

11 September 2018]

LA GAZETTE DE L’ETAT

the factory gate and it is also evident from Ex.R19 that

notices were issued by the respondent management to

the employees on various dates warning them of

consequences of illegal strike by petitioner union and

the evidence of PW.1 also would go to show that the

workers of the petitioner union have involved in the

strike and the same was corroborated by Ex.P10

wherein it has been stated by the petitioner union to

the management of the factory that they have decided

to undergo strike. The another letter issued to the

management on 24-05-2012 by the petitioner union is

exhibited as Ex.P11 wherein the union has stated that

since the accident had happened on 23-05-2012 they

have decided to undergo strike and these letters under

Ex.P10 and Ex.P11 would not contain the contention

that the respondent management has declared any

lockout or announced any lockout as stated by the

petitioner unions on 24-05-2012 as alleged in the

claim statement.

18. Furthermore, the petitioner unions have not at

all stated anywhere else in the claim petition when the

lockout begins and when it was closed by the

respondent management and further, it is not stated by

the petitioner unions that how much period that the

workers have not been paid wages by the management

for the said alleged lockout period. Furthermore, the

petitioner unions have not established that how much

workers have been retrenched from employment and

how much workers have been rendered jobless and

were kept idle by the management while they had been

in the factory and none of the workers were examined

to establish that they have not given employment and

they were refused any employment by the management.

It is clearly established by the respondent management

that the respondent management has not declared any

lockout as stated by the petitioner unions and that

therefore, since there is no lockout was declared by

the respondent management it is just and necessary to

hold that the industrial dispute raised by the petitioner

unions against the respondent management that to

declare the lockout by the respondent management is

illegal one and to pass an order directing the

respondent management to pay wages to the workers

on the lockout period does not arise.

19. In the result,

(i) the petition is partly allowed and the industrial

dispute raised by the petitioner unions against the

respondent management over the suspension order and

charge memo against the worker Thiru S. Rajendirane

is justified and Award is passed directing the

respondent management to withdraw the suspension

order and charge-memo issued against the said

Thiru Rajendirane and;

(ii) the petition is partly dismissed and the industrial

dispute raised by the petitioner unions against the

respondent management over other demands to advise

the management such as not to procure the blended tea

outside the factory and carry the manufacturing

process of blending of tea in the factory as per licence

granted to the factory, to pass necessary order not to

alter the weight of the blended tea bag to 550 kgs.

against the agreed terms of the 12(3) settlement that

too without issuing prior notice to the workers as

required under section 9 of the I.D. Act, 1947, to pass

necessary order to lift the illegal lock out against the

entire worker and pay wage to the workers during the

period of illegal lock out and the lockout declared by

the management is illegal are not justified and the

petitioners are not entitled for any relief as claimed

in the claim statement in respect of the above issues.

No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 26th day of March, 2018.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-Labour Court,

Puducherry.

List of petitioner’s witness:

PW.1 — 03-12-2015 — S. Rajendirane

List of petitioner’s exhibits:

Ex.P1 — 06-10-2010— Copy

of

the

union

registration certificate.

Ex.P2 — 24-10-2011 — Copy of petitioner union

complaint to respondent

and Labour Officer.

Ex.P3 — 06-03-2012— Copy of petitioner union

complaint

to

Labour

Officer.

Ex.P4 — 23-052012—

Copy

of

petitioner

union's member namely,

Arulraj letter to the

respondent.

Ex.P5 — 23-05-2012— Copy of petitioner union

Member

namely,

Vijayakumar letter to the

respondent.

Ex.P6 — 23-05-2012— Copy of petitioner union

Member

namely,

Sathyanathan letter to

the respondent.

1148

LA GAZETTE DE L’ETAT

[11 September 2018

Ex.P7 — 24-05-2012

— Copy of petitioner union

complaint

to

the

Inspector of Factories.

Ex.P8 — 24-05-2012— Copy of petitioner union

complaint to the Labour

Officer (Conciliation).

Ex.P9—24-05-2012 — Copy of petitioner union

office bearer namely Thiru

S. Rajendirane suspension

order.

Ex.P10—24-05-2012— Copy of petitioner union

letter to the respondent.

Ex.P11—24-05-2012— Copy of petitioner union

letter to the respondent.

Ex.P12—25-05-2012— Copy of Inspector of

Factories inspection report.

Ex.P13—25-05-2012— Copy of Inspector of

Factories letter to the

management

(Show

cause notice).

Ex.P14—29-05-2012— Copy of petitioner union

office bearer namely Thiru

S. Rajendirane charge-

sheet-cum-show

cause

notice.

Ex.P15—31-05-2012— Copy of petitioner union

raised dispute before the

Labour

Office

(Conciliation) ID.(LOC)

No.1463 of 2012.

Ex.P16—02-06-2012— Copy of petitioner union

office bearer namely Thiru

S. Rajendirane reply to

the charge-sheet.

Ex.P17—04-06-2012— Copy

of

conciliation

notice.

Ex.P18—11-06-2012— Copy of Inspector of

Factories

(Prohibition

order).

Ex.P19—24-06-2012— Copy of petitioner union

general body meeting

passed a resolution.

Ex.P20—26-06-2012— Copy of Thiru S. Rajendirane

domestic enquiry notice.

Ex.P21—27-06-2012— Copy

of

conciliation

failure

report

in

I D . N o . 1 4 6 3 / 2 0 1 2 /

LO(c)/AIL.

Ex.P22—05-07-2012— Copy of Enquiry Officer

notice.

Ex.P23—14-07-2012— Copy of Thiru S. Rajendirane

reply to the Enquiry

Officer and respondent.

Ex.P24—10-08-2012— Copy of Thiru S. Rajendirane

reply to the Enquiry

Officer.

Ex.P25—18-08-2012— Copy of Enquiry Officer

notice

and

enquiry

proceedings.

Ex.P26—23-08-2012— Copy

of

Government

reference.

Ex.P27—05-08-2012— Copy of Thiru S. Rajendirane

reply to the Enquiry

Officer, respondent.

Ex.P28—17-09-2012— Copy of Court notice.

Ex.P29—20-09-2012— Copy of Enquiry Office

notice.

Ex.P30—20-10-2012— Copy of Enquiry Office

notice

and

enquiry

proceedings.

Ex.P31—25-01-2013— Copy of Enquiry Office

notice and attachment.

Ex.P32—02-02-2013— Copy of Thiru S. Rajendirane

reply to the Enquiry

Officer.

Ex.P33—05-06-2013— Copy of High Court

passed

an

order

in

MP.No.1 of 2013 in

WP.No. 15079 of 2013.

Ex.P34—06-11-2013— Copy of respondent letter

to the Thiru S. Rajendirane.

Ex.P35—11-11-2013— Copy of legal notice to

the respondent.

Ex.P36—25-07-2014— Copy of High Court

passed

an

order

in

WP.No.15079 of 2013.

Ex.P37—05-09-2014— Copy

of

respondent's

enquiry notice.

1149

11 September 2018]

LA GAZETTE DE L’ETAT

Ex.P38—11-10-2014

— Copy of Thiru S. Rajendirane

reply to the respondent.

Ex.P39—28-06-2007— Copy of the letter given

by the respondent to the

President of HLL Tea

Workers Welfare union.

List of respondent’s witness:

RW.1— 29-04-2017

Karthick.

List of respondent’s Exhibits:

Ex.R1— 03-07-2012— Copy of chief affidavit

filed by HLL Tea Workers

Welfare union (Tea Division)

in OS.No.809/2012.

Ex.R2— 02-07-2012— Copy of written statement

filed by HLL Tea Workers

Welfare

union

(Tea

Division) in OS.No.809/

2012.

Ex.R3— 02-06-2012— Copy of plaint filed by

HLL Tea Workers Welfare

union (Tea Division)

& Hindustan Unilever

Theyilai

Pirivu

Thozhilalar sangam in

OS.No.809/2012.

Ex.R4— 03-07-2012— Copy of docket order in

I.A.No.1555/2012

in

OS.No.809/2012.

Ex.R5— 07-05-2007— Copy of memorandum of

settlement under section

12(3) of the Industrial

Disputes Act, 1947.

Ex.R6— -

Copy

of

respondent

factory licence.

Ex.R7— 10-04-2017— Copy

of

letter

of

authorization

to

Mr.

Karthick working as

Sr. Executive HR in

respondent factory.

Ex.R8— 15-03-2004— Copy of the certified

standing orders of the

respondent's factory.

Ex.R9—14-06-2011 — Copy of the reply letter

given by respondent to

Conciliation

Officer

over the issue of alleged

change

in

service

conditions given by 1st

petitioner union.

Ex.R10—23-01-2012

— Copy of the reply letter

given by the respondent

to

1st

petitioner

referring to notice of

usage of 550 kgs. tea bag

process and its Tamil

translation.

Ex.R11—24-02-2012— Copy of the reply letter

(wrongly

given by the respondent

mentioned

to the 1st petitioner over

as

the implementation of

24-10-2012)

550 kgs. tea bags with its

Tamil translation.

Ex.R12—20-03-2012— Copy of the reply letter

given by the respondent

to

the

Conciliation

Officer in respondent to

complaint given by 1st

petitioner union alleging

violation

of

12(3)

s e t t l e m e n t , d a t e d

07-05-2007.

Ex.R13—12-04-2012— Copy of the reply letter

given by the management

to Inspector of Factories

concurring

to

make

suitable

changes

for

using 550 kgs. bags.

Ex.R14—19-05-2012— Copy

of

reports

of

examination

done

by

expert Engineers and

valuers

on

Hopper

feeding EOT crane.

Ex.R15—24-05-2012— Copy of the letter given

by

respondent

to

Conciliation

Officer

informing him about the

illegal strike by the

petitioners commenced

by

them

along

with

photos (4 Nos.).

Ex.R16—24-05-2012— Copy of the letter given

by the respondent to

SHO

Kirumambakkam

for providing protection

to respondent's factory

in view of illegal strike

by petitioner union.

Ex.R17—24-05-2012— Copy

of

reports

of

examination

done

by

expert Engineers and

valuers

on

Hopper

feeding EOT crane.

1150

LA GAZETTE DE L’ETAT

[11 September 2018

Ex.R18—26-05-2012

— Copy of the equipment

breakdown

service

report

given

by

the

Cranedge India Pvt. Ltd.,

to respondent.

Ex.R19—23-05-2012— Copies of the notices

to

issued by respondent to

28-06-2012

employees warning them

of consequences of illegal

strike by petitioner union.

Ex.R20—05-06-2012— Copy of the reply letter

given by the respondent

to the show cause notice

of Inspector of factories,

dated 25-02-2012.

Ex.R21—15-06-2012— Copy of the letter given

by the respondent to

Labour

Commissioner

informing him about the

ongoing illegal strike by

petitioners.

Ex.R22—04-03-2013

— Copy

of

the

18(1)

settlement

arrived

between the respondent

and National Employees

Trade Union.

Ex.R23—05-03-2012— Copies of the individual

to

undertaking given by 107

13-5-2014

employees accepting 18(1)

s e t t l e m e n t ,

d a t e d

04-03-2013.

Ex.R24— –

Copies of the minutes of

the meeting between the

respondent and the joint

negotiation

committee

comprising of three out

of

four

unions

in

respondent's factory.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.





& 



[(iii)]





































H.

A.

Ca.































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