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2018 } | 2 {

No.

40

Poudouchéry

Mardi

2

Octobre

2018 (10 Asvina 1940)

No.

Puducherry

Tuesday

2nd

October

2018

1262

LA GAZETTE DE L’ETAT

[2 October 2018

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 88/Lab./AIL/T/2018,

Puducherry, dated 7th June 2018)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 28/2017, dated

19-04-2018 of the of the Industrial Tribunal-cum-

Labour Court, Puducherry in respect of the Industrial

Dispute between the management of M/s. Swadeshi Cotton

Mills, Puducherry and Puducherry Textile Mills Labour

Union, over non-payment of pending category increment

for 4 workers viz., Thiruvalargal R. Ramakrishnan,

R. Sivanandan, N. Munisamy @ Jeevanandam and

Adinarayanan 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,

Deputy Labour Commissioner.

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Thursday, the 19th day of April 2018.

I.D. (L) No. 28/2017

The President,

Puducherry Textile Mills Labour Union,

49, Rodier Mill Street, Mudaliarpet,

Puducherry-605 004.

. . Petitioner

Versus

The Managing Director,

M/s. Swadeshi Cotton Mills,

P.O.Box No. 3,

Marai Malai Adigal Salai,

Puducherry.

. . Respondent

This Industrial dispute coming on 02-04-2018 before me

for final hearing in the presence of Thiru R.S. Zivanandam,

Advocate for the petitioner, the respondent being called

absent and set-ex parte, upon hearing the petitioner and

perusing the case records, this Court passed the

following:

AWARD

1. This Industrial Dispute arises out of the reference

made by the Government of Puducherry, vide G.O. Rt.

No. 70/AIL/Lab./T/2017, dated 02-05-2017 of the Labour

Department, Puducherry to resolve the following

dispute between the petitioner and the respondent, viz.,

(i) Whether the dispute raised by the petitioner

union, Puduchery Textile Mills Labour Union,

Puducherry against the management of M/s. Swadeshi

Cotton Mills, Puducherry (A Government of Puducherry

undertaking), Puducherry, over non-payment of

pending category increment for 4 workers viz.,

Tvl. R. Ramakrishnan, R. Sivanandan, N. Munisamy

@ Jeevanandam and Adinarayanan is justified or not?

If justified, what relief they are entitled to?

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

of money if, it can be so computed?

2. The averments in the claim statement of the

petitioner, in brief, are as follows :

The petitioner is a registered trade union and it

raised this industrial dispute against the respondent

Mill by espousing the cause of the individual workers

namely, Thiruvalargal R.Ramakrishnan, R. Sivanandan,

N. Munisamy @ Jeevanandam and Adinarayanan.

The worker Munisamy @ Jeevanandam was worked

as Winder Skilled 3 and he was paid salary for this

category as Basic pay of ` 3,470. He was promoted

as Jobber by the respondent Mill on 01-01-2014.

However, his salary as per Jobber category Special

Grade I is ` 3,730 whereas, eventhough he was

promoted as Jobber, his salary was not fixed but, he

was paid only winder category salary G.I. i.e., ` 3,650

when he was promoted in the month of January 2014,

the same salary was paid to the promoted category

of Jobber G.I. This is unjustified. He is eligible to

draw Jobber G.I salary from the month of January

2014 i.e., ` 3,730. Therefore, he may be adjudged

eligible for higher salary. The salary difference is ` 80.

Hence, it must be fixed with annual increment from

January 2014 to till date i.e., November 2017 to the

tune of ` 60 per year alone with category fixation

increment. Hence, he prays for the relief as stated

above. The worker R. Ramakrishnan, who was a

1263

2 October 2018]

LA GAZETTE DE L’ETAT

retired as a Jobber and superannuated on 14-07-2014.

He was promoted as a Jobber from the month of

November 2013. Before that he was acted as a

Jobber in a vacant post from the month of February

2013. He was also paid acting salary for the post of

Jobber. Whereas, after his promotion from November

2013, he was once again paid the same salary was

received by him in a previous month for the post of

Simplex Tenter. But, the increment pay was paid, but,

no category salary was paid to him. In fact, he was

retired in the midst of July 2014. He is eligible for

the category salary from the month of February 2013

to up to his superannuation which comes totally 18

months. The worker Sivanandan, S/o. Rangasamy,

has raised this dispute individually through a letter,

dated 27-10-2014 and his cause was also exposed by

the petitioner union through a letter, dated

13-11-2014 expressing the category salary has not

been fixed or either paid eventhough he was

promoted in the category of Jobber on 01-01-2014.

The said worker who has discharged the Job of the

worker from the month of September 2013 in view

of he worked as acting jobber. This was also

reflected in the payment slip during the month of

September, 2013 and also October, 2013 inspite of

the post has not been filed during the said period.

He was also eligible for month of November and

December, 2013 when he worked as a acting Jobber.

There is a discrepancy in the preparation of the

salary slip and payment of salary. The said worker

was promoted as a Jobber from the post of Reserve

Piecer to the Jobber on 01-01-2014. He was

superannuated only on 29-11-2014. He raised this

dispute individually and also through union before

he was superannuated. Hence, he is asking the

disparity of payment scale from the month of

November, 2013 to November, 2014. During the

conciliation, the management strict on with their

contention that this worker is not eligible for fixation

of category salary since he was superannuated. He is

not demanding more than 12 months of withheld

category salary. The worker Aadhi Narayanan who

was also promoted as Winding Jobber from the month

of 01-01-2014. But, he was not paid category-wise

salary and category increment. He was superannuated

only in the month November 2014. Therefore, he is

eligible for category salary ` 80 per month along

with yearly increment salary ` 60. It is the meager

amount and the respondent management adamantly

making a plea ineligible for fixation of salary in

view of his superannuation. His cause was also

exposed by the petitioner union within time before

he was superannuated. Therefore, he is also eligible

to claim the relief of category fixation pay. This

dispute by the petitioner union with the respondent

management is a simple dispute which can be

decided with the documents submitted. Each worker

is claiming only a sum of ` 80 per month along with

increment salary of ` 60 per month which is monetarily

met by the management with open mind. The worker

Munusamy @ Jeevanandam is an existing employee

and he is a continuing worker with the respondent.

But, his case is not considered during the conciliation.

But, no explanation has been submitted by the

management for this case. For the other 3 workers

the management is taking a plea, that they are

superannuated employees. There their case cannot

be considered, which is highly deplorable against the

natural justice. Once he discharged his work as a

Jobber even for a month he could not denied a

category salary with yearly increment. This is a

verdict given by the intervention of Chief Minister

of Puducherry during the meeting held in the

chamber of him on 11-01-2011. There was also a

12(3) settlement arraigned in between the petitioner

union and management on 14-02-2011, wherein, it was

categorically mentioned in para No. 4 of the

agreement of settlement that ‘Category’, ‘Grade’,

‘Basic Salary’ which is called as IDA wage pattern.

Also has been decided in the Annexure No. 2 of this

settlement. Therefore, the claim of the petitioner

union on behalf of the abovesaid workers is justified

and they are eligible to draw category-wise payment

of ` 3,730 per month from the month of January,

2014 along with increment salary of ` 60 per month

and one time category fixation salary also to the tune

of ` 80 in the basic pay of category fixation.

Therefore, the union prayed this union to pass an

Award in favour of the petitioner union to direct the

respondent management to rectify anomaly pay the

fixation.

3. The respondent after receipt of the notice has

appeared in person before this Court and despite several

opportunities, the respondent did not turn up before this

Court to file their counter objection and hence, the

respondent was set ex parte. In the course of enquiry,

on the side of the petitioner PW.1 was examined and

Ex.P1 to Ex.P8 were marked. Heard.

4. The point for determination is:

Whether the dispute raised by the petitioner union

against

the

respondent

management

over

non-payment of pending category increment for

abovesaid 4 workers is justified or not and if,

justified what is the relief entitled to the petitioners.

1264

LA GAZETTE DE L’ETAT

[2 October 2018

5. It is the evidence of the petitioner PW1 that the

employees Thiruvalargal R. Ramakrishnan, R.Sivanandan,

N. Munisamy @ Jeevanandam and Adinarayanan were

given promotion as Jobber with effect from 01-01-2014

and eventhough their cadre has been changed they are

not paid the wages of the post of Jobber and paid only

in the grade of skilled Grade-III and in connection with

the above request was sent by the workers to the

management and that the union has also submitted a

request representation to the management and however,

the management has not taken any action till date

regarding the demand of the petitioners and therefore,

the union has raised the industrial dispute before the

Conciliation Officer, over non-payment of pending

category increment for the abovesaid four workers

against the respondent management and the conciliation

was failed and this reference has been sent to this Court

for proper adjudication.

6. In support of their case, the petitioner union has

exhibited Ex.P1 to Ex.P8. Ex.P1 is the copy of minutes

of the meeting, dated 11-01-2011. Ex.P2 is the copy of

12(3) settlement. Ex.P3 to Ex.P5 are the copy of salary

receipts of Sivanandam, Ramakrishnan and Munisamy

@ Jeevanandam. Ex.P6 is the letter to the Labour

Officer (Conciliation) by the management. Ex.P8 is the

copy of failure report of the Labour Officer (Conciliation).

7. From the above evidence and documents, it is

clearly established by the petitioner union that the

petitioners are eligible to with draw the Jobber G.I

salary from January-2014 at the rate of ` 3,730 and

they are entitled for increment as claimed in the claim

petition and that the claim of the union on behalf of the

workers Thiruvalargal R. Ramakrishnan, R. Sivanandan,

N. Munisamy @ Jeevanandam and Adinarayanan is

justified and they are eligible to draw category-wise

payment of ` 3,730 per month from the month of

January-2014 along with increment salary of `60 per

month and one-time category fixation salary also to the

tune of ` 80 in the basic pay of category fixation as

claimed in the claim petition. Further, despite several

opportunities, the respondent did not turn up before this

Court to file their counter objection and hence, the

respondent was set ex parte. Considering the fact that

the petitioner union has established their case, it is to be

held that the industrial dispute raised by the petitioner

union against the respondent management, over non-payment

of pending category increment for 4 workers viz.,

Thiruvalargal R. Ramakrishnan, R.Sivanandan, N. Munisamy

@ Jeevanandam and Adinarayanan is justified and the

petitioners are entitled for the claim as prayed by them

and as such the petition is liable to be allowed.

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

industrial dispute raised by the petitioner union against

the respondent management, over non-payment of pending

category increment for 4 workers viz., Thiruvalargal

R. Ramakrishnan, R. Sivanandan, N. Munisamy @

Jeevanandam and Adinarayanan is justified and an

Award is passed by directing the respondent management

to pay increment to the abovesaid four workers as per

their category. No cost.

Dictated to Stenographer, transcribed by her, corrected

and pronounced by me in the open Court on this the

19th day of April, 2018.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1— 02-04-2018

—

D. Ravi.

List of petitioner’s exhibits:

Ex.P1

— 11-01-2011 — Copy of minutes of meeting.

Ex.P2

— 14-02-2011 — Copy of 12(3) settlement.

Ex.P3

— —

— Copy of salary receipt of

Sivanandam.

Ex.P4

— —

— Copy of salary receipt of

Ramakrishnan.

Ex.P5

— —

— Copy of salary receipt of

Munisamy @ Jeevanandam.

Ex.P6

— 05-07-2014 — Copy of 3 letter sent by

03-06-2014

the petitioners to the

28-05-2014

management.

Ex.P7

— 13-01-2016 — Letter to the Labour

Officer (Conciliation) by

the management.

Ex.P8

— 24-02-2017 — Copy of failure report

of the Labour Officer

(Conciliation).

List of respondent’s witness: Nil

List of respondent’s exhibits: Nil

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

1265

2 October 2018]

LA GAZETTE DE L’ETAT

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 89/Lab./AIL/T/2018,

Puducherry, dated 7th June 2018)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 12/2017, dated

19-04-2018 of the of the Industrial Tribunal-cum-

Labour Court, Puducherry in respect of the Industrial

Dispute between the management of M/s. AML Steel

Limited, Puducherry and Thiru Vellaiyan, Puducherry,

over reinstatement with full back wages, continuity in

service and all other attendant benefits 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 23-05-1991, 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,

Deputy Labour Commissioner.

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Thursday, the 19th day of April 2018.

I.D. (L) No. 12/2015

Vellaiyan,

S/o. Kalivaradhan,

No.30, Mariamman Koil Street,

Eripakkam Nathamedu,

Kariyamanikkam post,

Nettapakkam,

Puducherry.

. . Petitioner

Versus

The Managing Director,

AML Steel Limited,

No. 33/5, Eripakkam Village,

Nettapakkam,

Puducherry.

. . Respondent

This Industrial Dispute coming on 23-03-2018 before me

for final hearing in the presence of Thiru R.T. Shankar,

Advocate for the petitioner and Thiru A. Karunamoorthy,

Advocate for the respondent, upon hearing and upon

perusing the case records, after having stood over for

consideration till this day, this Court passed the

following:

AWARD

1. This is a petition filed by the petitioner under

section 2A of the Industrial Disputes (Amendment) Act,

2010 praying to pass an Award directing the respondent

management to reinstate the petitioner with full back

wages, continuity of service and all other attendant

benefits.

2. The case of the petitioner is that he has joined in

the respondent establishment in the month of May, 1996

as Office Attender and he was paid ` 1,500 at initial

and recently the respondent management had raised his

salary at ` 4,500 per month and that he has asked for

wage increase on par with minimum wages and it was

denied by the management and that by an act of

victimization and motivation the respondent management

issued order of transfer to him to report duty at Head

Office, Chennai with immediate effect and that he

reported duty on 25-10-2013 at 12.30 p.m., as directed

by the management at the Chennai Head Office and also

singed in the entry note maintained by the security and

that the management has not allowed him to enter inside

the factory and asked to sit outside the factory premises

and thereafter, asked to report him on 26-10-2013 and

that as instructed by the management he reported to

duty on 26-10-2013 and again he was not allowed to

enter the factory premises and therefore, after three days

he returned to his original work place at Puducherry

unit and that the management denied employment to

him and not allowed him to enter the factory and

therefore, he raised an industrial dispute against the

respondent management on 03-12-2013 before the

Labour Officer (Conciliation) and that the management by

an Act of victimization and motivation denied employment

as he requested for the salary increase and implement

as it was not paid and bonus was also not paid to him

and that out of 300 employees only 10 employees were

on roll and other employees were engaged on contract

system against the Contract Act and all the said

employees more than 280 workmen belongs to North

India and that the respondent management so far not

extend the benefit of ESI and EPF to their workmen and

also so far the management have not extended the

benefit of leave salary, over time allowances, weekly

holiday, bonus, etc., which are statutory benefits under

1266

LA GAZETTE DE L’ETAT

[2 October 2018

the Social Security Acts and that the respondent

management not maintaining any records such as

attendance register, wage register, leave register, etc.,

to their workmen and that all the workmen including

the petitioner working for more than 12 hours per day

and no allowances were paid under the Act and that in

the conciliation proceedings the respondent management

eventhough participated not extended their co-operation

and not submitted any reply in this regard and they have

not submitted any valid reason for denial of employment

to him and in the conciliation proceedings, the Conciliation

Officer was advised the respondent management to

provide employment to the petitioner as there is no

valid reason for denial of employment and it was

against the principles of natural justice and Industrial

Disputes Act and the same was ended in vain and that

the respondent management has no right to transfer the

petitioner to different regions and hence, the transfer

order issued by the respondent management is arbitrary

and illegal one and also against the Industrial Disputes

Act and therefore, he had approached the Labour Officer

(Conciliation), at Puducherry on 03-12-2013 and however,

there is no amicable settlement was arrived within the

period of 45 days and therefore, as per the Amended Act

he is constrained to file this petition before this Court

and prayed for reinstatement with full back wages,

continuity of services and all other attendance benefits.

3. On the other hand the respondent management

has filed the counter statement denying the averments

made by the petitioner in the claim petition except those

that are specifically admitted by them in the counter

statement and stated that the petitioner has been

working in the company since 1996 and during October,

2013 as there was a shortage of staff in the Head Office,

Chennai-600 086 the petitioner being an experienced

person was transferred to the Head Office and communication

was sent to the petitioner on 25-10-2013 informing him

that he is transferred to the Head Office AML Tower,

No. 9, 6th Street, Gopalapuram, Chennai-600 086 due

to administrative reasons and he was granted one week

time with pay for reporting to new station and further

stated that the petitioner though acknowledged their

letter on 25-10-2013 failed to report within the time

granted and he did not sent any communication, which

resulted in a lot of confusion and hence, the respondent

was forced to issue a show cause notice, dated 20-11-2013

directing the petitioner to join duty immediately failing

which disciplinary action would be initiated for

disobedience and no reply was submitted to the respondent

for the show cause notice and instead the petitioner

went directly to the Labour Officer, Labour Department,

Puducherry on 03-12-2013 with false particulars that

work was not given and not allotted and further stated

that the petitioner was not satisfied with the working

condition he would not have continued to work for 17

long years and proper records and Register has been

maintained and thus, it is not wrong to transfer a

workman, if, there is a need by the management and

that this cannot be construed to be mala fide and there

has been no violation any provisions of Industrial

Disputes Act, 1947 and prayed this Court to dismiss the

claim petition.

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

petitioner WW1 was examined and Ex.W1 to Ex.W8

were marked and on the side of the respondent RW1

was examined and no documents were marked by them.

Argument was heard.

5. The point for consideration is:

Whether the industrial dispute raised by the

petitioner against the respondent management, over

reinstatement with back wages, continuity of service

and all other attendant benefits is justified or not and

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

6. On the point:

The pleadings of the parties, the evidence let in

by either sides and the documents marked on the side

of the petitioner are carefully considered. On the

side of the respondent management written argument

was filed and the same was also carefully considered.

The learned Counsel appearing for the petitioner has

argued that they have established that the petitioner

was working at the respondent establishment for

about 15 years as an Office Attender and transfer

order was given to the petitioner by the respondent

management with a direction to report before the

Head Office at Chennai and as per the order, the

petitioner has appeared on 25-10-2013 at the

respondent Head Office at Chennai wherein, the

signature of the petitioner was obtained and the

petitioner was asked to sit outside the factory and

thereafter, the petitioner was asked to report on the

next day i.e., 26-10-2013 and on which date also the

petitioner was refused to enter into the factory

premises and after three days the petitioner returned

to the original work place i.e., the factory at

Puducherry, wherein, also the petitioner was refused

to enter the factory by the respondent management

and hence, the petitioner has raised the Industrial

dispute before the Conciliation Officer.

7. On the other hand the learned Counsel appearing

for the respondent management has argued that the

petitioner was actually transferred to Head Office of the

1267

2 October 2018]

LA GAZETTE DE L’ETAT

respondent establishment at Gopalupuram, Chennai but,

the petitioner has not reported there and that the

contention raised by the petitioner that he was not

allowed to enter into the Head Office premises is totally

baseless and in order to avoid the legal action for

non-obeying the transfer order the petitioner has raised

the present industrial dispute.

8. From the pleadings of both the parties and on

perusal of the claim statement filed by the petitioner

and the counter statement filed by the respondent

management it is noticed that the following facts are

admitted by either sides that the petitioner was working

at the respondent establishment from the year 1996 and

he was transferred to the Head Office at Chennai by the

respondent management on 25-10-2013 and he was

granted one week time with pay for reporting at the new

station and a show cause notice was issued to him on

20-11-2013 and the petitioner has raised the industrial

dispute before the Conciliation Officer on 03-12-2013

and it is also noticed from the pleadings that no charge

has been framed against the petitioner for not reporting

duty at Head Office and no disciplinary enquiry was

conducted and no written order of termination was

given to the petitioner.

9. In order to prove his case the petitioner has

examined himself as WW1 and it is the evidence of the

WW1 that he had been in service at the respondent

establishment as an Office Attender from May, 1996

and working for about 17 years without any remarks

and he has been granted only ` 4,500 as salary by the

respondent management even he has completed 17 years

of service at the respondent office as an Office

Assistant and he has requested for wage increase for

which the management has denied to pay even the

minimum wages to the petitioner and has started all sort

of unfair labour practice against the petitioner and he

was transferred by the respondent management by an

order, dated 25-10-2013 to the Head Office at Chennai

with immediate effect and though he has reported

immediately on the same day on 25-10-2013 at the

respondent Head Office at Chennai and also signed in

the entry note maintained by the security the

management has not allowed him to enter inside the

factory and directed him to report on 26-10-2013 and

though, the petitioner has reported as directed by the

respondent management on 26-10-2013, again the

petitioner was not allowed to enter the factory premises

and was instructed to go out the factory and thereafter,

he has returned to the original work place at Puducherry

wherein, the respondent management has denied

employment to him by not allowing him to enter the

factory and that therefore, he raised an industrial

disputed before the Conciliation Officer against the

respondent management.

10. In support of his evidence the petitioner has

exhibited the copy of the letter of transfer order given

by the respondent to the petitioner on 25-10-2013 as

Ex.W1, the letter of Notice given by the respondent to

the petitioner on 20-11-2013 as Ex.W2, the dispute

raised by the petitioner before the Labour Officer

(Conciliation) on 03-12-2013 as Ex.W3, the letter given

by the petitioner before the Labour Officer

(Conciliation) on 01-07-2014 as Ex.W4, the failure

report submitted by the Labour Officer - Conciliation,

Puducherry on 01-12-2014 as Ex.W5, the experience

letter given by the respondent to the petitioner on

30-04-2013 as Ex.W6, the copy of the ESIC card given

by Employee’s State Insurance Corporation to the

petitioner on 01-12-2003 as Ex.W7, the copy of the

EPF slip given by the Employee’s Provident Fund to

the petitioner for various financial years of 2001-2002,

2005-2006 and 2006-2007. These documents would go

to show that the petitioner was working at the

respondent management from May, 1996 and he was

working for about 17 years and he has been transferred

by the respondent management on 25-10-2013 to

Chennai Head Office and subsequently, on 20-11-2013

he was directed to report before the respondent

management at Chennai and thereafter, he has raised the

industrial dispute before the conciliation on 03-12-2013

and the conciliation was failed and the reference has

been sent to this Court and while he was in employment

at the respondent establishment, he has been paid ESI

contribution by the respondent management and also

given ESIC card and for the financial year 2001-2002,

2005-2006 and 2006-2007, the petitioner has also been

paid Provident Fund amount.

11. Admittedly, the petitioner has been transferred

from Puducherry to Chennai Head Office on

25-10-2013 and it is the case of the petitioner that he

appeared on 25-10-2013 at the respondent Head Office

at Chennai as directed by the respondent management

under the transfer order but, he has not been allowed

to enter the factory and he has been asked to appear

on the next day on which day also he was not allowed

to enter into the factory and hence, he has returned to

the original working place at Puducherry wherein, also

he has denied employment.

12. On the other hand, it is contended by the

respondent management that the petitioner has not

appeared before the respondent office at Chennai as per

the order of transfer, dated 25-10-2013 and that

1268

LA GAZETTE DE L’ETAT

[2 October 2018

therefore, he has been given show cause notice on

20-11-2013 to report before the respondent Head Office

at Chennai and due to the administrative reason alone

he has been transferred for which he has not obeyed and

that therefore, he is not entitled for the order of

reinstatement. In support of their contention the

respondent management has examined the Accountant

of the respondent establishment as RW1 and it is the

evidence of the RW1 that whenever any shortage of

manpower arises resulting transfer of workers from one

unit to other unit and the transfer would be effected on

administrative grounds and that the petitioner was

transferred to Head office at Chennai on 25-10-2013

and even after giving one week time with pay for

reporting to new station the petitioner has failed to

report within the time granted before the Head Office

at Chennai and that since he has not reported to duty

at Head Office, Chennai the show cause notice was

issued on 20-11-2013 directing the petitioner to report

for duty at Head office, Chennai and however, he has

not reported so far and that the petitioner has not

preferred to sent any reply for such notice which shows

his disobedient attitude. In support of their oral

evidence the respondent has not at all produced any

documents on their side and no document has been

marked as an exhibit.

13. From the evidence of RW1 it is clear that even

the petitioner has not turned up for duty as directed in

the notice, the respondent management has not at all

framed charge against the petitioner and no disciplinary

action was taken against the petitioner by appointing

an Enquiry Officer. It is not the case of the respondent

management that they have initiated any disciplinary

proceedings against the petitioner workman for his non

appearance at the Head Office as per the transfer order

and a charge-memo was served on him and an Enquiry

Officer was appointed and the Enquiry Officer filed any

report before the respondent management finding any

guilty against the petitioner workman and the petitioner

has been terminated from service on the finding of the

Enquiry Officer. As the petitioner is the permanent

workman of the factory since he has served as an

attender at the respondent management for about 17 years,

it is the duty cast upon the respondent to adopt

procedure laid down under the labour laws and the

opportunity ought to have been given to the petitioner

workman to defend his case by conducting domestic

enquiry for his non-appearance at the respondent Head

Office at Chennai as directed by them and to conduct

the domestic enquiry by an Enquiry Officer by taking

evidence and marking exhibits by giving opportunity to

the petitioner to defend his case. But, in this case

nothing is done by the respondent management for

terminating the petitioner workman from the respondent

establishment and that therefore, the refusal of

employment to the petitioner without adopting any

proper steps in accordance with law by following the

principles of natural justice which would go to show

that the respondent management has committed unfair

labour practice as stated by the petitioner and that

therefore, it is to be held that the Industrial dispute

raised by the petitioner against the respondent

management, over reinstatement with full back wages,

continuity of service and all other attendant benefits is

justified and the petitioner is entitled for the order of

reinstatement as claimed by him in the claim petition.

14. As this Court has decided that the industrial

dispute raised by the petitioner against the respondent

management-over reinstatement with full back wages,

continuity of service and all other attendant benefits is

justified, it is to be decided whether the petitioner is

entitled for back wages as claimed by him. There is

no evidence that the petitioner is working so far in any

other industry and that there is no proof exhibited

before this Court that he is working anywhere else.

The respondent has not proved the fact that the

petitioner has been working in any other establishment

after his termination. However, the petitioner could

have served at any other industry after his termination.

Considering the above-facts and circumstances, this

Court decides that the petitioner is entitled only for

50% back wages with continuity of service and other

attendant benefits

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

industrial dispute raised by the petitioner against the

respondent management-over reinstatement with back

wages is justified and Award is passed directing the

respondent management to reinstate the petitioner in

service within one month from the date of this Award

and further directed the respondent management to pay

50% back wages to the petitioner from the date of

termination till the date of reinstatement with continuity

of service and other attendant benefits. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on

this the 19th day of April, 2018.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

1269

2 October 2018]

LA GAZETTE DE L’ETAT

List of petitioner’s witness:

PW.1— 01-02-2016

—

K. Vellaiyan

List of petitioner’s exhibits:

Ex.W1 — 25-10-2013 — Letter of Transfer order

given by the respondent

to the petitioner.

Ex.W2 — 20-11-2013 — Letter of Notice given by

the respondent to the

petitioner.

Ex.W3 — 03-12-2013 — Dispute raised by the

petitioner before the Labour

Officer (Conciliation).

Ex.W4 — 01-07-2014 — Letter

given

by

the

petitioner before the Labour

Officer (Conciliation).

Ex.W5 — 01-12-2014 — Failure report submitted

by the Labour Officer -

Conciliation, Puducherry.

Ex.W6 — 30-04-2013 — Experience letter given

by the respondent to the

petitioner.

Ex.W7 — 01-12-2003 — Photocopy of the ESIC

Card given by Employee’s

State Insurance Corporation

to the petitioner.

Ex.W8 — Several

— Photocopy of the EPF

dates

Slip

given

by

the

Employee’s

Provident

Fund to the petitioner for

various financial years of

2001-2002, 2005-2006

and 2006-2007.

List of respondent’s witness:

RW1

—

22-01-2018 — P. Gnanvelu

List of respondent’s exhibits: Nil

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court,

Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G. O. Rt. No. 91/AIL/Lab./T/2018,

Puducherry, dated 7th June 2018)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 14/2014, dated

17-04-2018 of the Industrial Tribunal-cum-Labour

Court, Puducherry in respect of the industrial dispute

between the management of M/s. Jayaprakash Narayan

Co-op. Spinning Mills, Karaikal and Thiru M. Yesuadiyan,

Karaikal, over reinstatement with back wage 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,

Deputy Labour Commissioner.

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer,

Tuesday, the 17th day of April, 2018

I.D. (L) No. 14/2014

Thiru.M. Yesuadiyan,

No. 36, Gandhi Nagar,

Varichikudi, Karaikal.

. . Petitioner

Versus

The Managing Director,

M/s. Jayaprakash Narayan Co-op.

Spinning Mills,

Keezhemanni, Neravy,

Karaikal-609 604.

. . Respondent.

This industrial dispute coming on 27-03-2018

before me for final hearing in the presence of

Thiru N. Ramar, Representative for the petitioner and

Thiru C. Balasubramaniyan, Advocate for the respondent,

upon hearing both sides, upon perusing the case records,

after having stood over for consideration till this day, this

Court passed the following:

AWARD

1. This Industrial Dispute has been referred by the

Government as per the G.O. Rt. No. 32/AIL/Lab./J/2014,

dated 05-03-2014 for adjudicating the following:-

(a) Whether the dispute raised by the petitioner

Thiru M.Yesuadiyan against the management of

M/s. Jayaprakash Narayan Co-op. Spinning Mills, over

reinstatement with back wages is justified?

1270

LA GAZETTE DE L’ETAT

[2 October 2018

(b) If justified, what relief he is entitled to ?

(c) 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 was joined as trainee at the

respondent Mill on 28-08-1996. Subsequently, he was

regularized in the spinning department as sider with effect

from 15-05-2000. He was paid ` 9,000 as monthly

salary. While so, from 05-03-2009 the petitioner was

affected by illness and went on ESI leave. Then since

the petitioner was affected by Jaundice and was under

medical treatment he was not able to attend the work.

While so, on 01-09-2010, when the petitioner returned

to duty after cure of disease with medical certificates,

the management refused to offer work stating that he

was terminated from service. The petitioner made

several requests to the respondent management for his

employment. But, the management refused to offer

employment without any valid reasons. Hence, the

petitioner raised the industrial dispute before the

Labour Officer (Conciliation) on 10-06-2013 for which

the respondent management has filed the reply stating

that the petitioner has been removed from service on

16-04-2009. The petitioner came to know that he was

terminated from service only on the said date. The

petitioner has not received any show cause notice

which alleged to have been sent by the management on

01-04-2009 and he also not received any letter from

the respondent establishment regarding his termination

of service alleged to have been sent by the management

on 16-04.2009. No enquiry has been conducted by the

management as per clause 20, 21 of the certified

standing order of the respondent establishment. The

alleged termination is against the principles of natural

justice without giving any opportunity and without

conducting any enquiry against the petitioner. The

petitioner has prayed for reinstatement with back

wages.

3. The brief averments in the counter filed by the

respondent are as follows:

The respondent did not admitted any of the

averments and allegations contained in the claim

petition except those that are specifically admitted and

stated that the respondent Mill is a Society and its main

object is "no gain no loss" and it has been runs under

the control of Puducherry Government. The petitioner

had joined the respondent Society in the year 1996 and

the respondent Society had permanent the employee

on 15-05-2000. The petitioner work a Spinning Piecer

and his card number is 139. The petitioner was always

a chronic absentee and was taking leave without any

permission. The petitioner since his joining in the

respondent society till 16-04-2009 had taken 913 days

leave. The above absence attitude of the petitioner

clearly shows the petitioner has no interest in his work.

The respondent Society has sent several warning and

show cause notice to the petitioner and all such notice

are duly received by the petitioner. However, after that

also the petitioner did not turn his earns. Finally,

the petitioner does not co-operate the respondent

on 16-04-2009 the respondent society has take steps and

treated as left out of his service and the copy also sent

through post. The allegation stated in the petitioner in

his petition is false. The petitioner did not produce any

medical certificate or any medical record for his long

absence. The petitioner has not come with clean hands

before this Court. The petitioner’s unauthorized absence

affected the respondent Society a huge loss. The issue of

chronic absenteeism has become a very serious in

respondent’s Society, the production activities and

disturbing

its

work schedules and manpower

allotments. The high percentage of unauthorized

absenteeism clearly indicated that the workers of

respondent Society were taking their employment

casually and the leniency shown by the respondent in

the past in not taking stringent disciplinary action was

an encouraging factor. Apart from financial loss, it was

also leading to frustration amongst the regular

employees as the absenteeism was causing additional

burden of work on those employees. The claim petition

is devoid of merits, lacks bona fide and the same is

liable to be dismissed.

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

no witness has been examined and only Ex.P1 to Ex.P8

were marked on consent and on the side of the respondent

RW.1 was examined and Ex.R1 to Ex.R5 were marked.

Both side arguments were heard.

5. The point for consideration is:

Whether the dispute raised by the petitioner against

the respondent management, over reinstatement with

back wages is justified or not and if justified, what is

the relief entitled to the petitioner?

6. On the point :

The pleadings of the parties, the evidence let in by

respondent and the exhibits marked on both sides are

carefully considered. On both sides, written arguments

1271

2 October 2018]

LA GAZETTE DE L’ETAT

were filed and the same were carefully considered.

In support of his case, the learned representative for

the petitioner has relied upon the Judgment reported

in 1996 (1) LLJ 1/96, Pg.152. On the side of the

petitioner no oral evidence has been adduced and on

consent Ex.P1 to Ex.P8 were marked. Ex.P1 is the

copy of offer of appointment issued by the respondent

to the petitioner on 22-07-1996. Ex.P2 is the copy of

order of appointment on regular basis issued by the

respondent to the petitioner on 15-05-2000. Ex.P3

(series) is the copy of ESI medical certificates issued

to the petitioner for the period 05-03-2009 to

18-03-2009. Ex.P4 (series) is the copy of medical

certificates issued to the petitioner for the period

18-03-2009 to 01-09-2010. Ex.P5 is the copy of

industrial dispute raised by the petitioner before the

Labour Officer (Conciliation) on 10-06-2013. Ex.P6 is

the copy of letter given by the respondent to the Labour

Officer (Conciliation) on 12-08-2013. Ex.P7 is the copy

of conciliation failure report, dated 14-11-2013. Ex.P8

is the copy of the certified standing order of the Mill.

These documents would go to show that the petitioner

was appointed at the respondent establishment on

22-07-1996 and he had been in service and his service

became permanent on 15-05-2000 and he has taken

medical treatment for the period from 05-03-2009 to

01-09-2010 and he had been given several prescriptions

and thereafter, he has raised the industrial dispute for his

non-employment on 10-06-2013 before the Conciliation

Officer and conciliation proceedings were taken place

and the management has appeared before the

conciliation proceedings and the conciliation was failed

and the matter has been referred to this Court and the

respondent establishment is having certified standing

order.

7. On the other hand, to disprove the case of the

petitioner the respondent management has examined the

Supervisor of the respondent Mill as RW.1 and he has

stated in his evidence that the petitioner was working at

the respondent Mill since from 1996 and he was made

permanent from 15-05-2000 and that the petitioner was a

chronic absentee and was taking leave without any

permission and he has taken 913 days leave since his

joining in the respondent Society till 16-04-2009 and

several warnings has been issued against the petitioner

and since the petitioner has not turned up for service from

18-03-2009 the show cause notice was sent to the

petitioner on 01-04-2009 for which the petitioner has not

given any reply to the management and therefore, he has

been removed from service on 16-04-2009 as per the

standing order of the respondent Mill. In support of their

oral evidence the respondent management has exhibited

Ex.R1 to Ex.R5. Ex.R1 is the statement of unauthorized

absence chart which would go to show that the petitioner

has unauthorizedly absent for 913½ days but, the said

statement is not supported by any documentary evidence

or any attendance register. Ex.R2 is the copy of termination

order issued against petitioner on 16-04-2009 which

would go to show that the petitioner was terminated from

service on 16-04-2009. Ex.R3 and Ex.R4 are the copy of

the registers to show the dispatching of letters regarding

explanation notice and termination order but, both the

documents have not been supported by any documentary

evidence for the proof of receipt of the same by the

petitioner. Ex.R5 is the copy of authorization letter on

22-04-2017. Further, these documents would reveal the

fact that the charge memo has not been issued to the

petitioner for the alleged unauthorized absence and no

Enquiry Officer was appointed to conduct the domestic

enquiry against the petitioner and no domestic enquiry was

conducted and no findings were given by the Enquiry

Officer and without affording any opportunity to the

petitioner to putforth his case by conducting domestic

enquiry the petitioner was terminated from service.

8. On perusal of evidence and documents it is clear

that no charges has been framed against the petitioner for

his unauthorized absence and no opportunity was given

to the petitioner and no domestic enquiry was conducted

to putforth his defence. Further, it is admitted by the

respondent management in their evidence that the

petitioner was terminated without conducting domestic

enquiry. The petitioner has exhibited the standing order

of the respondent Mill under Ex.P8 which would reveal

the fact that clause 20 of the standing order deals with the

misconduct of the employee and clause 21 deals with the

enquiries by officer i.e., a neutral person appointed by the

Factory Manager in this behalf and the Factory Manager

shall have powers to award punishment and clause 22 deals

with the punishment for misconduct and particularly no

order of punishment shall be made unless the workman

concerned is informed in writing of the alleged misconduct

against him and the enquiry in accordance with the

principles of natural justice is conducted.

9. In this case, admittedly, no such domestic enquiry

proceedings were conducted by the management by

appointing Enquiry Officer and no opportunity was given

to the petitioner in accordance with the standing order of

the respondent Mill and that therefore, it is clear that the

1272

LA GAZETTE DE L’ETAT

[2 October 2018

respondent management has not followed the standing

order and the petitioner has also not been given sufficient

opportunities to putforth his case by giving an opportunity

of an enquiry which would be conducted by a neutral

person and to find the truth of the charges levelled against

him and that therefore, the order of termination of the

petitioner is against the principles of natural justice and

also against the provisions of the standing order of the

respondent Mill and that therefore, the alleged termination

order passed against the petitioner is absolutely illegal and

is liable to be set aside and therefore, it is to be held that

the industrial dispute raised by the petitioner against the

respondent management, over reinstatement with back

wages is justified and the petitioner is entitled for the

order of reinstatement as claimed by him.

10. As this Court has decided that the industrial

dispute raised by the petitioner against the respondent

management, over reinstatement with back wages is

justified, it is to be decided whether the petitioner is

entitled for back wages as claimed by him. There is no

evidence that the petitioner is working so far in any other

industry and that there is no proof exhibited before this

Court that he is working anywhere else. The respondent

has not proved the fact that the petitioner has been

working in any other establishment after his termination.

However, the petitioner could have served at any other

industry after his termination. Considering the above facts

and circumstances, this Court decides that the petitioner

is entitled only for 25% back wages with continuity of

service and other attendant benefits.

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

industrial dispute raised by the petitioner against the

respondent management over reinstatement with back

wages is justified and Award is passed directing the

respondent management, to reinstate the petitioner in

service within one month from the date of this Award and

further directed the respondent management to pay 25%

back wages to the petitioner from the date of termination

till the date of reinstatement with continuity of service and

other attendant benefits. No cost.

Dictated to the Stenographer, transcribed by her,

corrected and pronounced by me in the open Court on this

the 17th day of April, 2018.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witnesses: Nil.

List of petitioner’s exhibits:

Ex.P1 — 22-07-1996 — Copy of offer of appointment

issued by the respondent to

the petitioner.

Ex.P2 — 15-05-2000 — Copy of order of appointment

on regular basis issued by

the respondent to the

petitioner.

Ex.P3 — 05-03-2009 — Copy of medical certificates

(series)

to

issued to the petitioner.

18-03-2009

Ex.P4 — 18-03-2009 — Copy of medical certificates

(series)

to

of the petitioner.

01-09-2010

Ex.P5 — 10-06-2013 — Copy of industrial dispute

raised by the petitioner

before the Labour Officer

(Conciliation).

Ex.P6 — 12-08-2013 — Copy of letter given by the

respondent to the Labour

Officer (Conciliation).

Ex.P7 — 14-11-2013 — Copy

of

conciliation

failure report.

Ex.P8 — 23-03-2003 — Copy of the certified

standing order of the Mill.

List of respondent’s witness:

RW.1 — 20-07-2017 — Kumaresan

List of respondent’s exhibits:

Ex.R1 — —

— Statement of unauthorized

absence chart.

Ex.R2 — 16-04-2009 — Copy of termination order

issued against petitioner.

Ex.R3 — —

— Copy of register to show

the dispatching of letter

regarding

explanation

notice.

Ex.R4 — —

— Copy of register to show

the dispatching of letter

regarding

termination

order.

Ex.R5 — 22-04-2017 — Copy of authorization letter.

G. THANENDRAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.