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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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186

Sentence arbitral du travail

.. 186

Award of the Labour Court

.. 186

de tribunal.



..

189

Notifications du Gouvernement

.. 189

Government Notifications

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191

Etablissements dangereux

.. 191

Dangerous Establishments

..

191



..

192

Annonces

.. 192

Announcements

..

192



..

202

Addendum

.. 202

Addendum

.. 202

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2020 }

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10 {

No.

10

Poudouchéry

Mardi

10

Mars

2020 (20 Phalguna 1941)

No.

Puducherry

Tuesday

10th

March

2020

186

LA GAZETTE DE L’ETAT

[10 March 2020

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 26/Lab./AIL/T/2020,

Puducherry, dated 26th February 2020)

NOTIFICATION

Whereas, an Award in Lok Adalat Case No. 21750/

2019 in I.D (L) No. 24/2015, dated 14-12-2019 of the Lok

Adalat, Puducherry, in respect of the industrial dispute

between the management of M/s. Novateur Electrical

and Systems Private Limited, Sedrapet, Puducherry and

Novateur Employees Union, Puducherry, over transfer

of Tmt. P.S. Mary from Puducherry to Corporate Office

Chennai 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 LOK ADALAT AT PUDUCHERRY

Organised by Ms. V. Sofana Devi (District Judge)

Member-Secretary of the State Legal Services Authority

Puducherry, under section 19 of the Legal Services

Authorities Act (Act 39 of 1987).

Thiru V. Jaikumar,

. .

Judge

Special Officer-cum-

Additional Sub-Judge,

Puducherry.

Ms. S. Mumtaj,

. .

Judge

I Additional District Munsif,

Puducherry.

Thiru Shanmugam,

. .

Member

Advocate.

LOK ADALAT CASE No. 21750/2019

in

I.D. (L) No. 24/2015

(On the file of the Industrial Tribunal-cum-

Labour Court, Puducherry)

Saturday, the 14th day of December 2019

The President/Secretary,

Novateur Employees Union,

2nd Cross Street,

No. 10, Gandhi Nagar,

Puducherry.

. . Petitioner

Vs.

The Managing Director,

M/s. Novateur Electrical and

Systems Private Limited,

No. 33/1, PIPDIC Industrial Estate,

Sedarapet, Puducherry.

. . Respondent

This case coming on this day before us in the presence

of the petitioner and his Counsels namely, Thiruvalargal

P.R. Thiruneelakandan and A. Mithun Chakravarthi, and

the respondent and his Counsels namely, Thiruvalargal

L. Sathish, T. Pravin, S. Velmurugan and V. Veeraragavan,

having agreed to settle the matter and thereby, the case

being settled under Joint Compromise Memo filed by

the parties, an Award is passed accordingly:

Taken cognizance under section 20 (1) of

the Legal Services Authorities Act

(Act 39/87)

l. This case which was filed and pending before the

Presiding Officer as ID (L). No. 24/2015 was transferred

to the Lok Adalat and was taken on file for settlement.

2. The petitioner has filed this case to pass an Award

to hold that the transfer of the Ms. P.S. Mary from

Puducherry to Chennai, by the respondent/management

is not justified and to direct the respondent

management to cancel the transfer order and for costs.

3. Both parties were served with notice and appeared

before the Lok Adalat and the parties filed Joint

compromise memo today to the effect that the petitioner

herein has received a sum of ` 3,29,387 (Rupees three

lakhs twenty-nine thousand three hundred and

eighty-seven only) vide two cheques, dated 03-12-2019

for ` 2,25,022 bearing No. 325974 drawn on ICICI Bank

at Chennai, R.K. Salai Branch and another cheque,

dated 03-12-2019 for ` 1,04,365, bearing No. 325977

drawn on ICICI bank at Chennai, R.K. Salai Branch

towards full and final settlement for closing the case.

4. The Joint compromise memo filed by the parties is

bona fide and there is no reason why the same should

not be considered and recorded. There is no inducement

or other indication for the said compromise. Accordingly,

the Joint comprormse memo filed by the parties is

recorded and an Award is passed under the terms and

conditions therein.

5. This case is referred to the Lok Adalat organised

by the State Legal Services Authority under section 19

of the Legal Services Authorities Act (Act 39/87) and

after full and frank discussion of all issues, an Award

is passed as follows.

187

10 March 2020]

LA GAZETTE DE L’ETAT

AWARD

1. It is ordered and decreed that the Award is passed

in terms of the Joint Compromise Memo filed by the

parties and that the claim petition and the reference

made by the Puducherry Government in G.O.Rt. No.

47/AIL/LAB/J/2014 is hereby closed.

2. It is ordered and decreed that the Joint Compromise

Memo filed by the parties shall form part and parcel of

the Award.

3. That this Award of the Lok Adalat shall be deemed

to be a decree of the Civil Court as per section 21 of

the Legal Services Authorities Act, 1987.

Dated at Puducherry, on this the 14th day of

December, 2019.

V. JAIKUMAR,

S. MUMTAJ,

Judge.

Judge.

SHANMUGAM,

Advocate, Member.

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT

I.D. (T) No. 24 of 2015

Novateur Employees Union

Rep. by its President/Secretary

Reg. No. l751/RTU/2013

II Cross Street, No.10, Gandhi Nagar,

Puducherry-605009.

. . Petitioner

Vs.

M/s Novateur Electrical and

Digital Systems Private Limited

Rep. by its Managing Director

No. 33/1, PIPDIC Industrial Estate,

Sedarapet, Puducherry-605-111.

. . Respondent

Joint Compromise Memo between

Mrs. Mary and Respondent

1. It is submitted the above industrial dispute is

referred by the Government of Puducherry in G.O.

Rt. No. 47/AIL/LAB/J/2014, dated 16-06-2015 to

adjudicate as to whether the dispute of transfer of one

Mrs. Mary from Puducherry to Corporate Office Chennai

is justified or not and to compute any other relief the

workmen are entitled for.

2. Pending adjudication of the dispute, respondent

was forced to shift its operation of Puducherry Units

and merge them with its Sinnar (Nasic) factory with

immediate effect. All the workers of respondent factory

at Puducherry were transferred to Sinnar (Nasic] vide

individual letters of transfer given by respondent to its

employees. Except petitioner all other transferred

employees have either accepted the transfer order or

have submitted their resignation and received full and

final settlements. The Petitioner union has signed a

settlement accepting the shifting of Pondicherry Units

to Sinnar.

3. However, Mrs. Mary did not accept the settlement

or her transfer and filed a memo, dated 31-1-2018 claiming

that she wants to contest present ID in her individual

capacity and the same was allowed on 12-09-2019.

4. At this juncture, petitioner approached respondent

management and expressed her willingness to settle the

present dispute, respondent too agreed and held series

of negotiations with Mrs. Mary’s Counsel on record and

after due negotiation, deliberation and discussions they

have arrived at a fair and comprehendible settlement of

present dispute upon following terms and conditions.

In the further negotation hold before the National Mega

Lok Adalat on 14-12-2019.

(a) Since Mrs. Mary has not reported to work in

respondent's company with effect from 06-02-2015

i.e., the date when she was transferred to Chennai,

she accepts that she shall be deemed to have

resigned from her employment with effect from

06-02-2015 and all her terminal benefits are being

calculated only till 6-2-2015 deeming it to be the date

of cessation of employer-employee relationship

between Mrs. Mary and respondent management.

(b) The petitioner has agreed to receive and the

respondent has agreed to pay a lumpsum of

` 3,29,387.00 (Rupees three lakhs twenty-nine

thousand three hundred and eighty-seven only) as

per the following calculations.

Sl.

Compensation

Amount paid to

No.

Petitioner

`

1.

Lumpsum ex gratia

2,02,752.00

2.

Gratuity for completed

1,04,365.00

years of service.

3.

Leave encashment

12.395.00

4.

Bonus

9,875.00

Total

3,29,387.00

188

LA GAZETTE DE L’ETAT

[10 March 2020

(c) The respondent has this day paid the above

referred sum of ` 3,29,387.00 (Rupees three lakhs

twenty-nine thousand three hundred and eighty-seven

only) vide two cheques, dated 03-12-2019 for

` 2,25,022 bearing No. 325974 drawn on ICICI Bank

at Chennai RK Salai Branch and another, dated

03-11-2019 for ` 1,04,365 bearing No. 325977 drawn

on ICICI Bank at Chennai RK Salai branch toward full

and final settlement.

(d) Petitioner has received the above-mentioned

cheques in the presence of her Counsel and subject

to realisation withdraws all her claims whether in

terms of cash or kind against the respondent.

(e) The compensation amount agreed to be paid

as per the aforementioned clauses shall be the only

financial liability upon the management and the

management shall not be called upon to pay any

additional amount under any nomenclature except for

E.P.F, which is payable by E.P.F authorities.

(f) Petitioner shall be entitled to claim her E.P.F

directly and respondent shall submit all necessary

forms and applications from its side within 15 days

from the date of receiving certified copy of the Award

in the present case.

(g) Mrs. Mary hereby specifically and expressly

forgoes, abandons and withdraws all other claims,

benefits, privileges that is or that may accrue upon

her by virtue of her employment with the

management and the management is hereby relieved

of all other statutory obligations except its liability

to pay the monetary compensation under this

memorandum of settlement.

(h) In view of the comprehensive settlement of all

disputes between the Management and Mrs. Mary all

pending disputes between them before any judicial,

quasi-judicial and non-judicial authorities shall be

deemed to have been closed with effect from this

date of settlement.

(i) It is agreed between parties that this

memorandum of settlement shall be presented before

Industrial Tribunal in I.D. (T) 24/2015 and both

parties shall seek for an Award in terms of this 18 (1)

settlement.

(j) In view of complete cessation of employer-

employee relationship between Mrs. Mary and the

Management, Mrs, Mary shall not stake any claims

for employment with the management in Pondicherry

unit or in any other units, even if the management

for any reasons whatsoever decides to revive the

Puducherry unit in its entirety or in part or if, it

decides to start afresh at Pondicherry.

(k) This settlement is signed by both parties

without any undue influence, coercion, compulsion

from any one and out of their own free will and

volition and only after taking proper legal advice and

hence, the same shall not be challenged by either

parties on any ground whatsoever.

Hence it is prays that this Hon'ble Court to permit

the petitioner to withdraw the claim and all the claims

made by her in ID [T] 24/2015 and answer the reference

in G.O. Rt. No. 47/AIL/Lab./J/2014, dated 16-06-2015

accordingly by dismissing the claims as withdrawn by

the Petitioner and this Hon’ble Court may be pleased

to incorporate the terms of joint compromise memo in

the Award and render justice.

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

I.D. (T) No. 24 of 2015

Novateur Employees Union

Rep. by its President/Secretary

Reg. No. l751/RTU/2013

II Cross Street,

No. 10, Gandhi Nagar,

Puducherry-605 009.

. . Petitioner

Vs.

M/s Novateur Electrical and

Digital Systems Private limited

Rep. by its Managing Director

No. 33/1 PIPDIC Industrial Estate,

Sedarapet, Puducherry-605 111.

. . Respondent

Joint Compromise Memo Between

Mrs. Mary and Respondent

AFS:

L. Sathish,

S. Ulaganathan, T. Pravin, S.Velmurugan,

V. Veeraragavan and E.Karthik,

Advocates, ‘Griha Kamakshi’,

Plot No. 8, 16th Cross,

Krishna Nagar, Puducherry-605 008.

Cell No. 93454 04073.

V. JAIKUMAR,

S. MUMTAJ,

Judge.

Judge.

SHANMUGAM,

Advocate, Member.