La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
Publiée par Autorité
Published by Authority
` 13-00
Prix : ` 13-00
Price :
` 13-00
SOMMAIRES
CONTENTS
Page
Page
..
186
Sentence arbitral du travail
.. 186
Award of the Labour Court
.. 186
de tribunal.
..
189
Notifications du Gouvernement
.. 189
Government Notifications
.. 189
..
191
Etablissements dangereux
.. 191
Dangerous Establishments
..
191
..
192
Annonces
.. 192
Announcements
..
192
..
202
Addendum
.. 202
Addendum
.. 202
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2018-20
WPP No. TN/PMG(CCR)/WPP-88/2018-20
Dated : 10-3-2020
Price : ` 13-00
[ 185 ]
2020 }
|
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.