[ 1933 ]
Registered with the Registrar
of Newspapers for India under
No. 10410
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
EXTRAORDINAIRE
EXTRAORDINARY
Publiée par
Published by
Autorité
Authority
` 3-00
Prix : ` 3-00
Price : ` 3-00
Registered No. PY/44/2018-20
WPP No. TN/PMG(CCR)/WPP-88/2018-20
Dated : 7-8-2019
Price : ` 3-00
2019 }
|
7 {
No.
131
Poudouchéry
Mercredi
7
Août
2019 (16 Sravana 1941)
No.
Puducherry
Wednesday
7th
August
2019
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
No. 6323/AIL/Lab./T/2017/825.
Puducherry, the 7th August 2019.
ORDER
Whereas, the management of M/s. Anglo French Textiles Limited, Puducherry,
has submitted an application in Form O-3, dated 23-07-2019 to the Secretary to
Government, Labour Department, Puducherry, seeking permission for extension of
Lay-off for a period of 6 months from 21-07-2019 in respect of A, B and C Units
(Except ‘C’ Unit Spinning) under section 25-M of the Industrial Disputes Act, 1947,
read with rule 75(B) of the Industrial Disputes (Central) Rules, 1957;
Whereas, the views/replies of the management, trade unions, Government
Pleader, High Court of Judicature at Madras and the relevant documents/issues
were examined earlier;
1934
LA GAZETTE DE L’ETAT
[ PART-I
1934
Whereas, on perusal of the Lay-off application, dated 23-07-2019 of the
management, it is observed that the management has stated various reasons for
seeking permission for the extension of Lay-off such as:-
(i) The “Thane Cyclone” had caused severe structural damage to AFT.
Most of the buildings in ‘A’ Unit are declared unsafe for use by the Inspector
of Factories and order was issued by them to prohibit the entry of workers
inside the campus which included Spinning Preparatory and Weaving
Preparatory besides the Engineering Department which forced the management
to discontinue the operations in these areas.
(ii) The net worth of the company has already been in the negative side
i.e., minus ` 227.13 crores as on 31-3-2018 (Provisional) and no funds are
available even to meet the day-to-day expenses.
(iii) The Government has continuously providing funds to the Mill by way
of Share Capital and grant-in-aid. The Government has released
` 367.35 crores as Share Capital and ` 275.60 crores as Grant-in-aid up to
30-09-2018. The Share Capital and Grant-in-aid released for the last 7 years
by the Government of Puducherry has drastically declined.
(iv) The Grant-in-aid released presently is adequate only to pay the
Lay-off compensation and wages and is not adequate to run the Mill fully.
(v) The machineries are very old and without modernisation, it is difficult
to run the Mill effectively.
(vi) Labour unrest prevailing due to non-payment of statutory dues and
hence without settling the dues no action can be taken to run the Mill.
In the present scenario, the production activities in the AFT could not be
resumed till the Weaving Preparatory and Warehouse Departments in
‘A’ Unit are shifted to new building either in ‘B’ or ‘C’ units for which
sufficient funds are required.
(vii) The Company is in deep financial crisis with no liquid funds to meet
on its day-to-day operations.
(viii) The Employee’s Provident Fund Authorities and the Employee’s State
Insurance Authorities started to proceed with the coercive action by freezing
Bank Accounts and attached the properties of Anglo-French Textiles. The
management had not settled the gratuity with interest to the tune of ` 44.63
crores for 945 employees as on 31-08-2019.
(ix) The Inspector of Factories issued an order under section 40 (2) of the
Factories Act, 1948 to prohibit the use of buildings were Spinning, Weaving,
Weaving Preparatory, Warehouse and Engineering Departments of ‘A’ Unit
are presently functioning as the buildings are in such conditions which pose
imminent danger to human life and safety.
(x) Subsequently, High Level Meeting was held on 13-07-2017 with the
Managing Director, Anglo French Textiles and the Collector of Puducherry to
resolve the issues at hand. The District Collector, Villupuram has given
Attchment Notice for Pattanur Land vide No. 4/4622/2017, dated 05-09-2018
to execute the auction.
PART-I ]
LA GAZETTE DE L’ETAT
1935
online publication at “http://styandptg.puducherry.gov.in”
Published by The Director, Government Press
Printed at: Government Central Press, Puducherry.
Posted at: Puducherry HPO on every Tuesday
(xi) The management have settled the gratuity dues as per the order of
the Hon’ble High Court,Madras to 16 retired employees in May’ 2019 from
the grand-in-aid amount of ` 5,43,13,947 and the balance amount is going to
be utilized for payment of gratuity dues to the retired employees as per the
Certificate issued to the District Collector by the Controlling Authority under
the Payment of Gratutity Act, 1972. The Government of Puducherry has filed
reply affidavit before the Hon’ble High Court, Madras that all the gratuity
dues to the retired employees will be settled within 31st August 2019.
And whereas, the management has also stated that they re-started the
production activities in ‘C’ Unit Spinning only for the time being and now they
have requested Lay-off in respect of A, B, and C (except Spinning 'C' Unit) Units
for a further period of 6 months with effect from 21-07-2019.
Now, therefore, by virtue of the authority delegated vide G.O. Ms.
No. 177/80-Lab., dated 1st September, 1980 of the Labour Department to
exercise the powers conferred by the sub-section (1) of section 25-M of the
Industrial Disputes Act, 1947 (Central Act 14 of 1947), the undersigned hereby
decides to grant permission sought by the management of M/s. Anglo-French
Textiles, Puducherry, to Lay-off workman as defined under section 2(s) of the
Industrial Disputes Act, 1947 (Central Act 14 of 1947) in A, B, C (except Spinning
‘C’ Unit) Units for a further period of 6 months with effect from 21-07-2019.
P. JAWAHAR, I.A.S.,
Secretary to Government (Labour).
————