

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry



Publiée par Autorité

Published by Authority

` 11-00

Prix : ` 11-00

Price : ` 11-00



SOMMAIRES

CONTENTS



Page

Page

..

278

Sentence arbitral du travail

.. 278

Award of the Labour Court

.. 278

de tribunal.



..

292

Annonces

.. 292

Announcements

..

292

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 : 21-4-2020

Price : ` 11-00

[ 277 ]







2020 }

|

21 {

No.

16

Poudouchéry

Mardi

21

Avril

2020 (1 Vaisakha 1942)

No.

Puducherry

Tuesday

21st

April

2020

278

LA GAZETTE DE L’ETAT

[21 April 2020

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 34/Lab./AIL/T/2020,

Puducherry, dated 4th March 2020)

NOTIFICATION

Whereas, an Award in I.D (L) No. 11/2015, dated

26-11-2019 of the Industrial Tribunal-cum-Labour Court,,

Puducherry, in respect of the industrial dispute

between the management of M/s. Pondicherry Institute

of Medical Sciences, Kalapet, Puducherry and

Ilanthalaivar Ragul Gandhi PIMS Technical and

Non-Technical Staff Welfare Union, Periyakalapet,

Puducherry, over reversion of promotion to Union

workman Thiru S. Doureradjou, 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,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL AT

PUDUCHERRY

Present : Thiru V. PANDIARAJ, B.SC., LL.M.,

Presiding Officer.

Tuesday, the 26th day of November 2019.

I.D. (L) No. 11/2015

Ilanthalaivar Ragul Gandhi PIMS

Technical and Non-Technical

Staff Welfare Union,

Having Office at No. 110,

Murugan Koil Street,

Periakalapet,

Puducherry.

. . Petitioner

Rep. by its President and Secretary

Versus

The Director,

Pondicherry Institute of Medical Sciences,

Ganapathychettikulam, Kalapet,

Puducherry.

. . Respondent

AWARD

This Industrial Dispute coming on 17-10-2019 before me

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

Counsel for the petitioner, and Thiru L. Sathisb, Counsel

for the respondent, up on hearing, up on perusing the

case records, after having stood over for consideration

till this day, this Court passed the following:

1. This Industrial Dispute has been referred by the

Government as per the G.O. Rt. No. 20/AlL/Lab./J/2015,

dated 17-03-2015 for adjudicating the following:-

(a) Whether the dispute raised by the PIMS

Technical Staff Welfare Union against the

management of M/s. Pondicherry Institute of Medical

Sciences, Puducherry, over reversion order, dated

05-10-2013 issued to Thiru S. Doureradjou from the

post of Supervisor to Diesel Generator Set Operator

is illegal or justified? If justified, what relief the Union

is entitled to?

(b) Whether the management adopts unfair

labour practice against the Union Vice-President

Thiru S. Doureradjou for his Union activities?

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

of money if, it can be so computed?

2. The brief averment of the petition filed by the

petitioner:-

(i) The petitioner was appointed as Diesel

Generator Set Operator on 02-12-2002 and the said

post was confirmed on 05-02-2010. The respondent

has recovered ESI, PF contributions from this

petitioner’s salary. This petitioner was very active in

Trade Union activities and he has functioned as Joint

Secretary in PIMS CITUC and also in PIMS Technical

Staff Welfare Union as Vice-President and he has

participated in all over settlement talks for workers

in salary, bonus, promotion, etc., between the

respondent management and the Union. During the

2009 this petitioner has disclosed the drunken

condition of the Electrical Engineer, Mr. Rajakumara

Reddy and his quarrel with AC Mechanic by name

Mr. Kathamuthu to the respondent management. This

petitioner approached the management on 10-06-2009

for fixation of the date for salary settlement, but, the

management with an ulterior motive to punish him,

has issued a charge memo dated 10-06-2009 to this

petitioner. The Tamil version of the same was not

given to this petitioner. This petitioner has academic

qualifications of 10th, 12th, ITI and D.E.E. Further,

he had Technical Apprenticeship training in various

institutions such as, Cummins Diesel Sales and

Service India Limited, Pune, Bharath Diesel Sales

279

21 April 2020]

LA GAZETTE DE L’ETAT

and Service, Indial Oil Corporation Limited, Anand

Automobile and the Supreme Industries Limited.

Though he has sufficient academic and Technical

Qualifications he was neglected by the respondent

management in giving promotion. Further, this

petitioner has deposed and disclosed truth to save

one Mr. Ubendiran, Ward Boy of the respondent

management in an industrial dispute case against the

management in the year 2011. On 06-07-2011, this

petitioner has given a letter to the Chief Engineer,

PIMS, seeking promotion for him as he has sufficient

academic and technical qualifications and therefore,

he has been promoted from the rank of Grade-III

Diesel Generator Set Operator to the rank of Grade-

II Diesel Generator Set Operator on 22-08-2011.

(ii) This petitioner has made several oral and

written representations to trie Engineers by name,

Mr. Rajakumara Reddy, (Electrical Engineer), Mr. Alex

Mathew, (Maintenance Engineer), for the promotion

and for the benefits of the workers on various dates

such as 06-07-2011, 26-12-2011 and 07-02-2012, but,

they have not taken any suitable steps for the

promotion of the rightful and well qualified persons.

Instead of that, they have promoted unqualified

persons and they have also increased their salaries.

Further, the abovesaid Engineers had illegally

disclosed the letters addressed to the higher

authorities by this petitioner, to the other workers,

which resulted in life threat through intercom by the

unknown workers to this petitioner. Therefore, this

petitioner gave letter to the Welfare Officer, PIMS,

on 20-04-2012 to solve the abovesaid problem, but,

it ends in vain. Again this petitioner gave two letters

to the Welfare Officer, PIMS, on 14-05-2012, seeking

action against the abovesaid Engineers and also for

his promotion, but, it also ends in vain. Thereafter,

this petitioner approached the Pondicherry Lok

Adalat on 23-05-2012 for his promotion and

thereafter, the management had promoted this

petitioner as Supervisor-DG Set Operator by its

order, dated 04-06-2012 wherein six months period

was fixed as probation period. Therefore, this

petitioner has not pressed the LAC No.1828/2012 on

the file of the Hon’ble Lok Adalat, Pondicherry, on

22-06-2012. Thereafter, this petitioner gave a

complaint before the Conciliation Officer on

06-06-2012 for his enhanced salary and for arrears of

salary of Grade-II DG Set Operator. In the meanwhile,

the respondent management had promoted six

unqualified and technically unsound persons as

Supervisor by its circular order, dated 19-07-2012.

On 06-08-2012, the petitioner gave a letter to the

Chief Engineer, to grant weekly leave on Sundays.

On 09-08-2012, this respondent has issued a circular

order for training programme and for supply of

uniforms to all the Supervisor promotees including

this petitioner.

(iii) The respondent management had stealthily

issued a circular order, dated 19-07-2012, wherein, the

promotion of the other six supervisors were

confirmed, but, this petitioner’s promotion was not

confirmed, as he has given several letters for taking

action against the illegal activities of the Engineers

in the Engineering Section. On 21-12-2012, this

petitioner’s Union alone not accepted the 12 (3)

settlement, but, the other five Unions accepted the

same. Though the petitioner has given so many

letters regarding the illegal activities of the Engineers,

the respondent management has not come forward

to take action on the basis of the letters given by

this petitioner. Whereas, it has issued a notice,

dated 05-01-2013 to all the Head of the Department,

Trade Union stating that without permission no

workers should leave the working spot, sleep in the

working time else. It has warned that such activities

will be subjected to disciplinary action and for wage

cut. This petitioner has got Best Worker Award on

21-01-2013 only after filing a request letter and after

hard struggling. The respondent management has

extended the probation period of this petitioner for

further period of three months by its letter 03-05-2013.

In the meanwhile, this petitioner have filed an

application seeking permission to meet the respondent

Principal on 06-06-2013, but, it also ends in vain. So,

this petitioner was not able to brought to the

knowledge of the Principal, regarding the life threat

given by the unskilled Electrical/co-worker by name

Mr. Manjini. Further, this petitioner has made complaint

regarding the Electrical Engineer, Mr. Rajakumar

Reddy to the Personal Manager on 21-06-2013, but,

he failed to take any action against him. In the mean

time, his probation period was further, extended for

a period of another three months by the management

by its office order, dated 05-09-2013 and this

petitioner has given his reply on 12-09-2013, for the

office order, dated 05-09-2013, wherein, he has

requested to take action against the Personal

Manager by name Mr. Ralph Mathew, Chief Engineer,

by name, Mr. Subramani, Maintenance Engineer by

name, Alex Mathew and Electrical Engineer by name

Mr. Rajakumar Reddy. But, it was also ended in vain.

After that in this regard, this petitioner and 21 other

employees gave a complaint letter on 23-09-2013

to the Principal for necessary action against

the Engineers and Personal Manager for their

malpractices, but, it was also ended in vain.

280

LA GAZETTE DE L’ETAT

[21 April 2020

Due to that impact the respondent management has

issued a memo, dated 05-10-2013 stating that this

petitioner has been reverted back to his original post

of D.G. Set Operator and therefore, this petitioner has

issued a Legal notice on 03-01-2014 through his

Counsel to the Chairman, Chief Administrator,

Personal Manager and Chief Engineer of the

respondent management. He has also demanded

Supervisor Post with retrospective effect and

benefits. The respondent management has issued its

reply letter on 13-01-2014 with the intention to save

the culprits. Again this petitioner gave letter to the

Personal Manager on 24-02-2014 for confirmation of

his Supervisor Post. He has also given a letter on

02-05-2014 regarding the life threat made by unknown

persons. He has sent a complaint on 12-05-2014

regarding the disobedience, late coming of

Mr. Vasanth, (Technician) and Mr. Tuennarasu

(DG Set Operator), but no action was taken against

them. As the management has failed to confirm his

Supervisor Post even after repeated request, this

petitioner made a representation before the

Conciliation Officer on 01-04-2014 through PIMS

Technical Staff Welfare Union. The management has

filed his objection on 19-04-2014 with false

allegations with ulterior motive. The reply was given

by this petitioner on 09-06-2014. Due to the adamant

attitude of the respondent management authorities,

the conciliation proceedings ended in failure.

Thereafter, the management has issued a memo, dated

03-09-2014, having seven baseless charges against

this petitioner with ulterior motive. The Tamil version

of the memo, dated 01-10-2014 was given to this

petitioner on 04-10-2014. This petitioner gave the

explanation on 15-10-2014 with all necessary

evidences in the booklet format. Again on 01-12-2014

this petitioner made a complaint regarding the life

threat to the Senior Electrical Engineer (Operation

and Maintenance). It also ended in vain. Similarly,

there was no action taken on the complaint, dated

09-02-2015 given by the Electrician by name

Mr. Gurunathan, regarding the illegal break open of

lock and door. In the mean time, the respondent

management has taken its vindictive action against

this petitioner by appointing Domestic Enquiry Panel

with the Advocates K. Ilango and

U. Mohan

Ilayaraja. The material Manager of PIMS by name

Mr. Adaikala Yesuraj was in the Panel. The Enquiry

Notice, dated 23-12-2014 was served to this petitioner

on 26-12-2014, wherein, the enquiry was scheduled

to be conducted on 27-12-2014. This petitioner has

made objection regarding the short duration. Tais

petitioner was not permitted to take the legal

Assistance of his lawyer or co-worker. So, many

material evidences were not recorded in the

deposition of Mr. Ralph Mathew. This petitioner was

not permitted to examine any witnesses on his side

and the copy of the proceedings were also not

furnished to this petitioner. Copy of the depositions

were not granted to this petitioner. In the mean time,

this petitioner has issued a letter, dated 23-03-2015

to the Enquiry Officer, by name, Mr. Ilango seeking

the information regarding the further examination

date. But, no reply was given by them. In the

meanwhile, the respondent has issued memo dated

31-03-2015 to this petitioner and other workers on the

basis of the earlier memo, dated 03-09-2014. The

report of the Enquiry Officer is not acceptable as the

enquiry was conducted within the short duration i.e.,

from 27-12-2014 to 13-01-2015. The report is not

acceptable as the date of enquiry was not intimated.

Further, the details of the persons examined, details

of the deposition and report of the enquiry were not

furnished to this petitioner.

(iv) This petitioner has rendered unblemished

service from 02-12-2002. He was fully qualified in

academic and technical. Hence, the reversion from

the Supervisor Post to DG Set Operator was illegal.

Since, this petitioner is a protected workman, his

service condition cannot be altered and the reversion

is nothing but the crystal clear action of victimization.

He has been reverted as he has informed the illegal

activities of the co-workers and the engineers to the

management. As this petitioner Union was against

the 12(3) settlement (wage revision), this respondent

has reverted this petitioner from supervisor D.G. Set

Operation to Grade-II D.G. Set Operator as a punitive

measure. As this petitioner has enlighten the

malpractices, misappropriation of copper transformer

and copper wires to the tune of several Lakhs in the

Maintenance Department, he was victimized and

reverted to the Grade-II D.G. Set Operator under the

guise of appraisal report. No such appraisal report

was received for other Supervisor promotees. The

other six supervisor promotees were promoted and

confirmed on the date of their promotion itself i.e.,

on 19-07-2014 itself. Even as per appraisal rating he

has scored 68.15% which was made during his

extension of probation period on 05-09-2013. The

respondent management doesn’t follow the correct

rating systems. The appraisal rating is not proper

and sincere one. The appraisal report was obtained

with the help of the abovesaid Engineers against

whom this petitioner has made several complaints.

The non-satisfaction report of the management is

nothing but, a malafide activity. It was a colourable

exercise done against this petitioner with vindictive

intention and planning. Hence, the reversion order

281

21 April 2020]

LA GAZETTE DE L’ETAT

has to be set aside and the petitioner has to be

reinstated in the post of Supervisor D.G. Set Operator

with effect from 04-06-2012 with increased wages and

all other attended benefits and hence this petition

has to be allowed.

3. The brief averment of the counter filed by the

respondent:-

(i) The respondent denied all the allegations

mentioned in the claim petition as false and baseless

and those allegations were made only for the

purpose of this case and it has to be proved by this

petitioner strictly. This industrial dispute raised by

this petitioner suffers from various legal lacunae and

infirmities and hence, it becomes fit of dismissal. This

petitioner has stated himself as Supervisor DG Set

operator. Therefore, he has no right to file this

Industrial dispute as a workman before this Court/

Tribunal. The reference made by the Government of

Puducherry to this Labour Court is not maintainable

as the reference itself is relating to promotion, which

comes under the category of gradation and which

ought to be referred to the industrial dispute alone.

The matter of promotion/regularization is not a right,

but, it is a matter of policy of every establishment.

In the matter of promotion will depend up on various

criteria’s setforth by the establishment. The worker

can make a claim for consideration for promotion and

he cannot make a claim for promotion as a matter of

light. Hence, the claim of this petitioner became unfit

to allow. Initially, this petitioner was promoted as

D.G. Set Operator Grade-II from D.G. Set Operator

Grade-III on 22-08-2011 and then within a short span

of one year i.e., on 04-06-2012 he has been promoted

as Supervisor D.G. Set Operator on probation. In the

order, dated 04-06-2012 the respondent has

specifically mentioned the following conditions;

“The probation period may also be extended

depending up on your performance during the said

period. Unless confirmed in writing, he will continue

to be on probation. On successful completion of the

probation period as decided by the Management, he

will be confirmed in the post of Supervisor-D.G. Set

Operator with revision of salary appropriate to the

Post. The management keeps its options open to

revert him to his original post if not found, suitable

for the post”.

(ii) This petitioner receive the order, dated

04-06-2012 within specific terms and conditions on

05-09-2012 wherein, the original period of

probation was fixed as six months. The Supervisor

must have following multi-tasking abilities such as

“(a) good communication skills; (b) maintaining

cordial relationship with subordinates and higher

officials; (c) ability to extract optimum results

from subordinates and commanding their respect;

(d) handling workers with patience and compassion,

without compromising on discipline and punctuality;

(e) being impartial and neutral to all workers;

(f) escalating genuine needs and demands of

subordinates to management and extracting maximum

productivity from the workers; (g) exhibiting

knowledge skill and expertise on the technical

aspects of the job; (f) being a good leader by leading

from the front”,

(iii) The petitioner lias failed to complete his

probation period to the satisfaction of this respondent,

hence, it was extended for a period of 3 months from

29-04-2013 vide its order, dated 03-05-2013, wherein,

it is specifically stated that if, he does not perform

to the required level of respondent, he would not be

confirmed to the post of Supervisor and he has been

informed that he has to reach the adequate rating

with remarks “Needs improvement in inter personal

relationship”. Attitude is still that of a D.G. Set

Operator. Even then this petitioner has not exhibit

any qualities as a Supervisor, he behaved like a

workman alone and he was not able to maintain

cordial relationship with his superiors, colleagues

and juniors. Therefore, he was not consider for a

post of Supervisor, though be had found to be good

with respect to his work, dependability, initiatives,

adaptability, dress code, attendance and safety. He

has no good remarks with respect to team work,

leadership, ability to give guidance to the subordinates,

planning, cooperation with others and he was not

found to be a good example for others. Therefore, a

further chance was given this petitioner to improve

his quality and attitude towards the post of

Supervisor by extending his probation period for

another three months vide its Office Order, dated

05-09-2013. It contains the entire facts and it was

received by him. Even then this petitioner has not

performed his duty as a Supervisor up to the

satisfaction of the respondent management, as he has

not completed his probation period to the subjective

satisfaction of the respondent, the management was

not able to confirm his post as Supervisor D.G. Set

Operator and hence, a memo, dated 05-10-2013

was issued to this petitioner stating that he shall

continue to discharge his service as D.G. Set

Operator Grade-II. It was not a demotion in the

position. It was only a natural corollary of his failure

to complete his probation successfully. The

respondent has taken this decision on Sound

Administrative Principles and ethos and based on

282

LA GAZETTE DE L’ETAT

[21 April 2020

the systematic appraisal of work and ethics. The

appraisal was done by the qualified superiors of the

office. This petitioner cannot raise any dispute in

this regard and there is no chance for judicial review

without any proof of gross injustice and victimization.

This petitioner is a man of controversies. He has made

so many complaints against the superiors, colleagues

and juniors. He had aggressive and belligerent

attitude towards the management, his co-workers and

he was a habitual man of lodging complaints after

complaints which were ultimately found to be false

or bogus with disorted versions. The respondent has

taken necessary actions and steps based on his

complaints. Further, it has appointed a fact finding

Committee with two Advocates and with senior staffs

of the respondent management. The Committee has

filed its impartial enquiry report on 14-02-2015 were

it has found fault on this petitioner also. Furthermore,

it has found partial truth in the complaint raised by

this petitioner; the respondent management has taken

necessary steps and issued show cause notice to all

concerned in order to rectify the defects and in order

to prevent the unwarranted activities.

(iv) This

petitioner

was

never

subjected

victimization for his Trade Union activities and such

all the allegations were denied as false. Though he

was given, maximum possible opportunities to

improve his skills, he failed to achieve it, instead he

has continuously lodged so many complaints against

others as a habitual complainant and it could be seen

from the claim statement itself. Totally six Unions are

in the factory and this petitioner union is having

only a handful of workers alone. The respondent

management has received so many complaints

against this petitioner from various corners regarding

these controversies. Eventhen, the respondent

management has acted in neutral manner only. This

petitioner is totally incompatible, incompetent and

unfit to discharge functions as Supervisor, all these

factors played crucial role in non considering this

petitioner for the confirmation of the abovesaid post

and for appraisal rating, The respondent management

never ever adopted biased activity in the case of

promotion to others as alleged in the petition. The

allegations that there was no appraisal for other

candidates are false and irresponsible statement of

this petitioner. The respondent management has

followed a sound and uniform policy for considering

promotions for all its employees in each and every

promotion. The promotion was carried out only on

the basis of appraisal report given by the superior

officers of the department. The petitioner was not a

protected workman under the Industrial Dispute Act.

Furthermore, there is no necessity arises to lend such

privilege to this petitioner and hence, this petition

has to be dismissed.

4. On the side of the petitioner two witnesses was

examined and Ex.P1 to Ex.P73 were marked. On the side

of the respondent only one witness was examined and

Ex.R1 to R12 were marked.

5. The petitioner side Counsel argued that the

reference made by the Government of Puducherry to

this Court is proper and valid and this Court is having

sufficient power as it was entrusted with Tribunal Power

also. Merely, numbering the case ID(L) instead of ID(T)

is not a ground for dismissal of this application. It is

argued that this petitioner has joined the respondent

hospital on 02-12-2012 and he has rendered unblemished

service and therefore, he has been promoted as D.G. Set

Operator Grade-II from D.G. Set Operator Grade-III. It is

further argued that this petitioner was very much active

in Union activities and he has enlightened so many

malpractices that happened in the Electrical Engineering

section to the knowledge of the higher authorities of

the respondent management, as a result, of which the

respondent management failed to give the confirmation

order to this petitioner in the post of Supervisor D.G.

Set Operation with the intention of victimization. It is

further argued that though, he was promoted as

supervisor D.G. Set Operator he was not entrusted with

duties to perform in that post, rather, he was reverted

back to his original position as per the order dated

05-10-2013 as a vindictive measure. It is further argued

that the appraisal rating was performed in a biased

manner with an intention to depromote this petitioner

and no such appraisal rating was carried out with

respect to other supervisors of respondent management.

It is further argued that though this petitioner was

technically and academically qualified for the abovesaid

Supervisor post, it has been denied to this petitioner

by the respondent management with victimizing

intention. It is further argued that as per the appraisal

rating he has scored 68.15% which is more than that of

the required rating. It is further argued that this

petitioner has rendered more than 15 years of

unblemished service and he has been depromoted

without any valid reasons and the complaints against

this petitioner are all created for the purpose of this case

and they were not related to the period of his promotion

and hence, Ex.R5 to R12 marked on the side of the

respondent has to be rejected as they were created with

mala fide intention and with after thought. It is argued

that the post of Supervisor D.G. Set Operator cannot

be abolished without the approval of the Director/

Principal and hence, the plea of abolition of the

283

21 April 2020]

LA GAZETTE DE L’ETAT

abovesaid post has to be rejected in total and therefore,

he has to be permitted to work as Supervisor D.G. Set

Operator from 05-10-2013 and necessary monetary

benefits for the above saidpost has to be given to this

petitioner and hence, he prayed to allow this application.

6. The respondent side Counsel argued that this

petitioner was promoted as D.G. Set Operator Grade-II

from D.G. Set Operator Grade-III on 22-08-2011 and

thereafter, he has been promoted as Supervisor D.G. Set

Operator on probation on 04-06-2012 i.e., within nine

months he has been promoted as Supervisor1 D.G. Set

Operator and therefore, the argument of victimization

cannot be taken as correct. It is further argued that there

is no Supervisor post exists in Electrical Section, even

then the respondent management has given such

promotion to this petitioner on his repeated request and

demand. It is further argued that the petitioner was not

able complete the probation period as Supervisor D.G.

Set Operator and he hence, has been reverted back to

his original position. It is further argued that he has

been reverted back only, after the appraisal of the

performance of this petitioner, by highly qualified and

neutralized high authorities only. It is further argued

that the next promoted post to the D.G. Set Operator is

nothing but, Engineer and no higher or lower post is

available in the D.G. Set Operator Section. It is further

argued that nobody was promoted as Supervisor D.G.

Set Operator except this petitioner, even then this

petitioner was unable to save his promotion as

Supervisor D.G. Set Operator by performing up to the

satisfaction of the respondent management. It is further

argued that the D.G. Set Operator Grade-II was not at

all grant to other four D.G. Set Operators. It is further

argued that no such post of Supervisor D.G. Set

Operator is kept pending as vacant in the respondent

management and the abovesaid post was abolished as

there is no necessary for such posts. The respondent

side Counsel argued that promotion cannot be claimed

as a matter of right and this petitioner cannot question

the appraisal rating before this Court unless is mala fide

and this Court has no power to weigh the appraisal

rating. It is further argued that the petitioner failed to

prove that the respondent management acted in mala fied

manner in his case. It is further argued that promotion

is a matter of policy and this Court is having no power

to interfere in it and at the best it can give a direction

to consider petitioner for the same. It is further argued

that initially this petitioner was promoted as Supervisor

D.G. Set Operator on 04-06-2012 with six months

probation period, but he has not completed it

successfully and therefore, he was again given a chance

to complete his probation period in a successful manner

up to the satisfaction of the management by extending

the probation period for another 3 months from

29-04-2013. Even then this petitioner has not completed

his probation period in a successful manner up to the

satisfaction of the management. Again the probation

period was extended for another three months as per

the order, dated 05-09-2013, but this petitioner has failed

to complete his probation period in a successful manner.

Therefore, after rating his performance in the probation

period he has been reverted back to his original position

as per order, dated 05-10-2013, though this petitioner

has made several complaints against the Superiors,

colleagues and juniors and it was not taken for

consideration and he has been appraised by the expert

team in a proper manner in the proper format. It is

further argued that the reference itself is defective and

hence, it has to be dismissed for the same. It is further

argued that even as per the complaints made by this

petitioner, this Court can come to the conclusion that

he has not having capacity to act as a Supervisor and

he has no good relationship with others and hence,

prayed for dismissal of this application.

7. Points for consideration:

Whether the dispute raised by this petitioner

against the respondent management over his

reversion order, dated 05-10-2013 from the post of

Supervisor to Diesel Generator Set Operator is

justified or not? and if justified what is the relief that

he was entitled for?

8. On the point:

The petitioner was originally posted as Grade-III

D.G. Set Operator and thereafter, he has been

promoted as Grade-II D.G. Set operator on 22-08-2011

and thereafter, he has been promoted Supervisor

D.G. Set Operator (probation) on 04-06-2012 are the

facts admitted on both sides.

9. This petitioner has been reverted back to this

original position as per the order of the management,

dated 05-10-2013, was challenged by this petitioner

before this forum, on the ground that it was a mala fide

and victimization Act done by the management.

Per contra, the management has pleaded that such

allegation was not true, arid his reversion was on sound

principle of appraisal rating.

10. This petitioner/PW2 has pleaded and deposed

that he has been promoted as Supervisor D.G. Set

Operator on 04-06-2012. To that effect, Ex.P25

was marked. He has deposed that his promotion

order, dated 04-06-2012 was served to him belatedly on

05-09-2012 with mala fide intention of delaying tactics.

But, on perusal of Ex.P25 it is found that the date of

receipt of the order is not mentioned as 05-09-2012.

284

LA GAZETTE DE L’ETAT

[21 April 2020

Hence, the allegation of late supply of promotion order

found to be baseless, PW.2 has deposed that six months

probation period was fixed to this petitioner alone and

it was fixed with mala fide intention and no such

probation period was fixed for other Supervisor

promotees. Per contra, RW.1 has deposed that the

probation period was fixed as a routine manner and it

was not fixed only against this petitioner as alleged by

the petitioner. To that effect he has produced Ex.Rl,

which is the document containing the service rules

wherein page No. 6 under the head confirmation it is

stated that all appointees shall be on probation for a

period of one year except where otherwise specified.

Further, it has been stated that the period may be

extended by a further period not exceeding six months

at the discretion of the management. Hence, it seems

that the probation period was not fixed in a biased

manner as alleged by the petitioner, whereas, it has been

fixed by the management as per the service rule alone.

The petitioner/PW.2 has deposed that he has rendered

his service as Supervisor D.G. Set Operator in an

appreciated manner by all others. But, for this aspect

also he has not produced any supporting documents

or evidences. PW.2 has deposed that the management

was willing to give Supervisor post to this petitioner

but, due to the vengeance, the engineers in electrical

section, has prevented it by misusing their power and

also by adopting Ruse and tactic methods, as this

petitioner has made allegation against them before the

higher authorities. But, in this aspect also this petitioner

has not filed any supporting documents to show their

ruse and misuse of powers. Further, he has deposed that

the engineers has given false information to the

management and thereby prevented his promotion, but,

no useful documentary evidences are produced in this

regard. Hence, the bald allegation raised against the

Electrical Engineers, that they had acted in a ruse and

biased manner was not proved by this petitioner.

Per contra, RW.1 has deposed that the petitioner failed

to complete his probatioa period to the subjective

satisfaction of the superior officers and hence, his

probation period was extended twice for another three

months vide its order, dated 29-04-2013 and 05-09-2013,

for further, evaluation with specific remarks and it was

initiated to this petitioner that if, he doesn’t perform to

the required level of the institution he would not be

confirmed to the post of Supervisor, In this regard, RW.1

has marked orders, dated 04-06-2012, 29-04-2013 and

05-09-2013 and it has been marked as Ex.P25, P37 and

Ex.P40. On perusal of Ex.P25 dated 04-06-2012 it would

goes to shows that this petitioner was promoted as

Supervisor D.G. Set Operator on probation and he has

been placed under probation for a period of six months,

further, he was assigned with specific supervisory works.

Further, Ex.P25 would goes to shows that this

petitioner’s promotion was subject to confirmation in

writing until then he has to continue his probation

period and it has also goes to shows that the

management will confirm his post of Supervisor D.G. Set

Operator after the successful completion of the

probation period. Similarly, on perusal of Ex.P37 dated

29-04-2013, it would goes to shows that this petitioner

has failed to complete his probation period to the

satisfaction of the management and hence, it has been

extended for a further, period of three months from

29-04-2013, wherein, also it has been specifically

mentioned he will be evaluated and bis performance

must be up to the required level and otherwise he will

be reverted back to the post of D.G. Set Operator.

Similarly, on perusal of Ex.P40 dated 05-09-2013, it is

found that this petitioner needs improvement in inter

personal relationship and his attitude is still that of

D.G. Set Operator. It has also mentioned that as per the

appraisal rating he has scored 68.15% only. The 2nd to

6th para of the document runs as follows:

“The probation period may also be extended

depending up on your performance during the said

period. Unless confirmed in writing, he will continue

to be on probation. On successful completion of the

probation period as decided by the Management, he

will be confirmed in the post of Supervisor-D.G. Set

Operator with revision of salary appropriate to the

post. The Management keeps its options open to

revert him to his original post if, not found suitable

for the post”.

“However, as he failed to complete his probation

to the satisfaction of the management, the probation

period was extended for three months from 29-04-2013

for further, evaluation with the specific remark that

if, he does not perform to the required level he would

be reverted to the post of D.G. Set Operator. He had

obtained only adequate rating with the remarks:

“Needs improvement in inter personal relationship.

Attitude is still that of a D.G. Set Operator”.

“Mr. S. Doureradjou has presently completed his

extended period of probation from 29-04-2013 and as

per his Appraisal Rating he has obtained 68.15% with

the remarks- “He does not exhibit any qualities of a

Supervisor. His behavior and thinking is only as a

workman. He does not have any cordial relations with

the superiors and also most of his colleagues are

against him because of his attitude and hence

cannot be considered for supervisor post”.

“From the performance report Mr. Doureradjou is

found to be good in his work, dependability,

communication, initiatives, adaptability, dress code,

285

21 April 2020]

LA GAZETTE DE L’ETAT

attendance and safety, but, however, he is found to

be average and below in matters of team work,

leadership, ability to give guidance to subordinates,

plaining, cooperation with colleagues/superiors and

general discipline as he is not able to be an example

to others”.

“In view of the fact that he has not shown

improvement in supervisory qualities, though he is

performing well in his assigned work, he is given a

final opportunity to come up to expectations of his

superiors. His probation is extended finally for three

months and if, he does not tune himself to the

assigned work in the capacity of a Supervisor, he will

be reverted back to the post of D.G. Set Operator. The

decision of the Management will be final".

11. From the abovesaid documents it seems that the

petitioner has mot completed his probation period in a

successful manner and therefore, he has been

depromoted to his original post vide its order, dated

05-10-2013 (Ex.P43). Furthermore, the appraisal rating

report was also filed as Ex.R2 and R3 on the respondent

side. On perusal of the Ex.R2 and R3, it is found that

this petitioner has been subjected to appraisal rating

in a proper and detailed manner as per the format. Hence,

the oral evidence of the RW.1, supported by Ex.R2 and

R3 would goes to shows that this petitioner has been

properly subjected to appraisal rating and on the basis

of the appraisal report only, he has been reverted back

to his original position. Hence, this Court come to the

conclusion that the reversion order, dated 05-10-2013

(Ex.P43) was proper and correct one. Hence, on that

score this Tribunal comes to the conclusion that there

is no mala fideness in the act of reversion in this case.

12. The petitioner has filed as many as 74 exhibits

on his side. The first crucial date in this case is

04-06-2012, the date on which this petitioner has been

promoted on probation with six months period initially.

The next crucial, date is 29-04-2013 (Ex.P37), the date

on which his probation period was extended for three

months from 29-04-2013. The next crucial date in this

case is 05-09-2013 (Ex.P40), the date on which further

extension of three months probation period was ordered

by the management. The next crucial date in this case

is 05-10-2013(Ex.P43) the date on which he has been

reverted back to his original post. As per the case of

this petitioner he has been victimized, as he enlightened

the malpractices in the Electrical Engineers Section to

higher authorities, which resulted in his demotion/

reversion as per order, dated 05-10-2013. Therefore, this

Tribunal has to consider the complaints and requests

made by this petitioner before 05-10-2013. The

documents subsequent to 05-10-2013 are immaterial

as it would not play important role in passing the

reversion order by the management. Therefore, the

document marked as Ex.P44 to Ex.P74 has no vital role

in this case as they were subsequent to 05-10-2013.

Before 05-10-2013 this petitioner has given as many as

9 complaints against the superiors, colleagues and

juniors. They were marked as Ex.P19, 21, 23, 24, 28, 29,

38, 39 and 41 and they were detailed as below:

Ex.P19 — 07-02-2012 Complaint to the Chief

Engineer

against

the

Electrical Engineer Rajkumar

Reddy and the Maintenance

Engineer Alexander Mathew.

Ex.P21 — 20-04-2012 Complaints to the Welfare

Officer (Employees) against

the Chief Engineer.

Ex.P23 — 14-05-2012 Reminder complaints to the

Welfare Officer (Employees)

against

the

previous

complaint dated 20-04-2012.

Ex.P24 — 23-05-2012 Complaint to the Member-

Secretary (Legal Service

Authority,

Puducherry)

against Welfare Officer by

name Mathew, Electrical

Engineer Rajkumar Reddy

and

the

Maintenance

Engineer Alexandar Mathew.

Ex.P28 — 26-07-2012 Complaints

to

the

Conciliation Officer, against

the Personal Manager Ralph

Mathew.

Ex.P29 — 06-08-2012 Complaints to the Chief

Engineer against Electrical

Engineer Rajkumar Reddy

and

the

Maintenance

Engineer Alexandar Mathew.

Ex.P38 —

Complaint to the Principal/

Director

against

the

Superiors,

Electrical

Engineer Rajkumar Reddy

and

the

Maintenance

Engineer Alexandar Mathew

and against an associate by

name Manjini.

Ex.P39 — 21-06-2013 Complaint to the Personal

Manager against Electrical

Engineer Rajakumar Reddy,

Maintenance

Engineer

Alexandar Mathew, Manjini

and against the Chief

Engineer.

286

LA GAZETTE DE L’ETAT

[21 April 2020

Ex.P41 — 12-09-2013

Complaint to the Principal

against the Chief Engineer

by

name,

Subramani,

Electrical Engineer, by name,

Rajakumar

Reddy,

Maintenance Engineer by

name Alex Mathew and

Personal Manager by name

Ralph Mathew.

13. From the abovesaid documents it is clear that he

has made several complaints against the others. It

would show that, he was not able to have cordial

relationship with all sorts of persons. It shows that he

was a man of controversy. If, these documents are

taken into consideration then definitely he cannot

perform his duty as Supervisor in an effective manner.

All these documents strengthens that the appraisal

made by the respondent management as a valid one.

Therefore, appraisal of the management that this

petitioner is having lack of team work capability, lack

of leadership ability, lack of cooperation with colleagues

and superiors, found to be on sound reasons and

grounds. Hence, the appraisal done by the respondent

management was not only supported by R2 and R3, but,

it also get its support from this petitioner side

documents itself. Hence, this Tribunal found no error

in the order of reversion, dated 05-10-2013.

14. RW.1 has deposed that this petitioner was

promoted and depromoted only according to the service

rules and no victimization has happened or occurred in

this case. Further, he has deposed that the respondent

management has its own promotion policy for their

employees. Further, he has deposed that the

management has supplied the written communication to

this petitioner regarding his promoted post of

Supervisor's roles and responsibilities. In this aspect

this petitioner himself has produced Ex.P25, dated

04-06-2012. It is the promotion order given to this

petitioner wherein, it has given details of the roles of

the supervisors. Furthermore, RW.1 has deposed that

the petitioner was not able to get along with anybody

and therefore not able to function as a Supervisor

because of bad relationship. He further, deposed that

the management had no victimizing intention as it had

already given two promotions to this petitioner as

Grade-II D.G. Set Operator and Supervisor D.G. Set

Operator and no such promotions were given to other

four D.G. Set Operator. These evidences would goes to

shows that there was no victimized1 intention against

this petitioner. Hence, the allegation of victimization

found to be a false one.

15. At this juncture, this Court inclined to go through

the cross examination of PW.1, wherein, PW.1 has

deposed as follows. The vernacular form is extracted;

“DG Operator



Electrical Section

”

“D.G. Operator

Section 



”

“D.G. Operator

Electrical 

Supervisor



Supervisor D.G. Operator







”

“Supervisor D.G. Operator

Section-Section-



”

“ D.G. Operator-





 Office Assistant-

Office Assistant-

D.G. Operator-



D.G. Operator-

”

“D.G. Set Operation

Section-



Probation-







Probation 









Probation Period 



Probation 

D.G. Set Operator



 Personal

Officer 

”

“D.G. Operator Section-













D.G. Operator Section 

Supervisor ”

16. Similarly, the petitioner/PW.2 has also admitted

the following facts in his cross examination. The

vernacular version of the same is extracted hereunder:

287

21 April 2020]

LA GAZETTE DE L’ETAT

“









Supervisor





Supervisor 

 Supervisor 





SupervisorD.G. Operator 









Supervisor

probation



probation 



”

“Supervisor 







probation-

Performance

Report

”

“From the performance report Mr.

Doureradjou is found to be good in his work,

dependability, communication, initiatives, adaptability,

dress code, attendance and safety, but however, he

is found to be average and below in matters of team

work, leadership, ability to give guidance to

subordinates, planning, cooperation with colleagues/

superiors and general discipline as he is not able to

be an example to others".

“ D.G. Operator 

Supervisor 



”

17. From the abovesaid evidence it is clear that this

petitioner alone was promoted as D.G. Set Operator

Grade-II and then Supervisor D.G. Set Operator. Before

and after him, nobody was promoted like that of this

petitioner. It is also clear that at present no such post

was inexistence. It is also clear that the promotion

opportunities were given to this petitioner only. Hence,

on perusal of the abovesaid evidence this Court come

to the conclusion that there was no mala fide intention

against this petitioner and he was given privilege of

promotion, even then this petitioner was not able to

save the same in his probation period by working up to

the satisfaction of the management. So, this Court come

to the conclusion even for argument sake, if this

petitioner is consider to be fit person for the post of

Supervisor, it cannot be ordered as there is no post

inexistence at present. Furthermore, this petitioner

seeks promotion as a matter of right. At this juncture,

the citation reported in 2019-LLJ-595 (Madras) produced

on the side of the respondent was taken into

consideration. The abovesaid citation was reported in

the case of Kannaiya Kumar Vs. State of Tamil Nadu,

Repd. by the Chief Engineer (Personnel), Agriculture

Engineering Department and others, wherein, it is held

that the petitioner cannot sought regularization in a post

in which he was continuing to work, but as there is no

sanctioned post, the claim of the petitioner was

dismissed. Here, in this case also no sanctioned post

of Supervisor D.G. Set Operator is available in the

respondent Management. Here, also this petitioner

seeking regularization/confirrnation/promotion to the

abovesaid posts. Hence, as per the abovesaid reported

judgment he cannot be regularized/confirmed to the post

of Supervisor D.G. Set Operator as there is no sanction

post of Supervisor/D.G. Set Operator is available.

18. Further, the respondent has filed another

judgment reported in CDJ 1987 SC 737 wherein, it has

been held that “where the State Government or

Statutory Authority is under an obligation to promote

an employee to an higher post which has to be filled

up by selection, the State Government or the Statutory

Authority alone should be directed to consider the

question whether the employee is entitled to be so

promoted and that the Court should not ordinallv issued

a writ to the Government or Statutory Authority to

promote an officer straightway. Here, in this case also

this petitioner filed this Industrial Dispute seeking a

direction to the respondent management for promotion/

confirmation. As per the abovesaid citation, such a

direction cannot be issued by this Tribunal. Further, in

the abovesaid citation, the selection committee did not

find the respondent fit for promotion on all such

occasion. Here, in this case also the appraisal team has

evaluated this petitioner twice as per Ex.R2 and R3, and

as per the Ex.R2 and R3, he has scored 68.15 % only. It

was not up to the satisfaction of the respondent

management. As per the citation, this Court has no

power to direct this respondent to get satisfaction with

that abovesaid score. Therefore, as per the abovesaid

citation also this Court cannot interfere in the evaluation

and it cannot direct the respondent to promote this

petitioner, as it is the area where the respondent alone

has amble power to fix the criteria for promotion. Hence,

on that score, this Court was not unable to order for

giving such direction as prayed for by the petitioner.

288

LA GAZETTE DE L’ETAT

[21 April 2020

19. Further, the respondent side Counsel has filed a

judgment reported in CDJ 2016 DHC 558 and the

abovesaid citation was the judgment rendered in the case

of Saraswathy Vs. Press Trust of India and another, in

the above said case also the employee/claimants

probation period was. extended twice. In the abovesaid

case also the note/details listed out the short comings

of the employee based on which the claimant was

dismissed from service. The appeal filed by the claimant

was also dismissed fcy the Hon’ble Delhi High Court.

Here, in this case also this petitioner was subjected to

extension of probation for two times. Here, in this case

also, as per the appraisal team report he was not up to

the satisfaction of the management. Hence, if, we

consider the present case with the facts in the

abovesaid citation, the claim of this petitioner becomes

unfit to allow. Further, the respondent side Counsel filed

the judgment reported in CDJ 1995 Bihar High Court 175,

wherein the Hon’ble High Court has clearly held that,

“there can be no doubt that the promotions which

Industrial employees are entitled normally would be

treated as the function of the management and so even

the National Industrial Tribunal recognized that it must

be left to the discretion of the management to select

persons for promotions”. As per the abovesaid citation

this Tribunal has no power to interfere with the appraisal

rating done by its expert committee for promotion on

the basis of the service rules.

20. The next limb of argument putforth by the

respondent Counsel is that this petitioner was not a

workman and therefore, he has no locus standi to file

this petition before this Tribunal. The petitioner in this

case has been reverted from in the post of Supervisor

DG Set Operator to the post of Grade-II D.G. Set

Operator. Further admittedly, this petitioner has been

reverted back,to his original position as Grade-II D.G.

Set Operator on 05-10-2013, therefore this petitioner

becomes workman on and from 05-10-2013 and he

cannot be consider as a Supervisor and therefore, this

petitioner is entitled to file this claim petition before this

Tribunal as a workman. Therefore, the argument

advanced in that score is rejected in total.

21. The next limb of argument that was advanced by

the respondent Counsel was that the reference made by

the Government of Puducherry to this Labour Court is

invalid as the matter involved in this case, related to

Industrial Tribunal. Admittedly, the dispute involved in

this case related to promotion/confirmation which

comes under the category of gradation, which has to

be dealt as Industrial Tribunal matter. Though the

Government of Puducherry has referred the matter to

the Labour Court and it has been numbered as

Industrial Dispute (L), the entire matter was dealt as a

matter involved in Industrial Tribunal and as this Court

is functioning as Industrial Tribunal also, it cannot be

said that this Court is not having power to deal with

this matter. Further, the entire matter is dealt as an

industrial dispute under the Tribunal power, and no

prejudice was caused to this respondent and therefore,

the argument putforth on that score also rejected in

total.

22. As per the judgment reported in CDJ 1996

Alahabad High Court in 054, a promotion cannot be

claimed as a matter of right, at the same time, the

claimant can seek a direction for consideration for

promotion, if, he holds necessary education and

Academic Qualifications. Further, in the abovesaid

judgment the Hon’ble High Court has directed the

management to give the difference of pay during the

period, the claimant hold the promoted post, if, not paid

already. Here, in this case also, this petitioner has

deposed that he has not been given salary in the scale

of Supervisor D.G. Set Operator on probation. Hence,

as per the abovesaid judgment if the petitioner was not

paid the relevant Scale of Pay in the cadre of Supervisor

D.G. Set Operator on probation, he could very well apply

for the same before the management and the

management is hereby directed to pay the salary dues

if any, in the scale of Supervisor D.G. Set Operator on

probation as early as possible, if, it was not paid

already.

23. In the result, the Industrial Dispute raised by this

petitioner against the management stands dismissed and

the reversion order made by the management is decided

as justified. This petitioner was entitled for the salary

dues if any, in the scale of Supervisor D.G. Set Operator

on probation for the period from 04-06-2012 to

05-10-2013. No Cost.

Dictated to Stenographer, transcribed by him,

corrected and pronounced by me in the open Court on

this 26th day of November, 2019.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witnesses:

PW.1

— 24-01-2017 Subrayan

PW.2

— 12-09-2019 Doureradjou

List of petitioner’s exhibits:

Ex.P1

— 18-02-2016 Original letter of authorization

to Mr. V. Subrayan, petitioner’s

U n i o n c o n s u l t a n t a n d

Ex. Secretary.

289

21 April 2020]

LA GAZETTE DE L’ETAT

Ex.P2

— April 1990 Copy of the S.S.L.C. Certificate

of the petitioner.

Ex.P3

— March 1992 Copy of the H.S.C. Certificate

of the petitioner.

Ex.P4

— 06-01-1994 Copy of the I.T.I. (Mechanic

Motor Vehicles) Certificate

of the petitioner.

Ex.P5

— May 1996

Copy of the I.T.I. (Apprentice),

Certificate of the petitioner.

Ex.P6

— 27-04-2007 Copy

of

the

Diploma

Certificate (Electrical Wiring)

Community

Polytechnic,

Pondicherry,

of

the

petitioner.

Ex.P7

Copy

of

the

Diploma

Certificate (Electrical and

Electronics) Karnataka Open

University (4 series) of the

petitioner dated 19-10-2013,

20-06-2014, 11-11-2014 and

21-07-2015.

Ex.P8

— 31-03-1995 Copy

of

the

Helper

Experience Certificate of the

petitioner issued by Anand

Automobiles, Pondicherry.

Ex.P9

— 21-02-1997 Copy of the Generator

Operator, Bonafide-cum-

Experience Certificate of the

petitioner issued by Indian

Oil Corporation, Bangalore.

Ex.P10 — 05-09-2001 Copy of the Generator

Operator,

Experience

Certificate of the petitioner,

issued

by

Supreme

Industries Ltd., Pondicherry.

Ex.P11 — 06-11-1998 Copy of the Generator

Training

Experience

Certificate of the petitioner

issued by Cummines India

Ltd., Pune.

Ex.P12 — 05-04-2002 Copy of the Generator

Operator

Experience

Certificate of the petitioner

issued by Bharath Diesel

Sales

and

Service,

Pondicherry.

Ex.P13 — October

Copy of Blood Bonation

2011 to

Volunteer Certificate 2015 of

June and

the petitioner issued by G.H.,

October

Pondicherry (6 series).

2015

Ex.P14 — 02-12-2002 Copy of Order of D.G. Set

Operator of the petitioner

issued by PIMS.

Ex.P15 — 05-02-2010 Copy of Confirmation

Order for D.G. Set

Operator

of

petitioner,

issued by PIMS.

Ex.P16 — 06-07-2011 Copy of Recommendation

letter for promotion given by

the Engineers, PIMS to the

petitioner.

Ex.P17 — 22-08-2011 Copy of Promotion Order for

D.G. Set Operator Grade-III to

Grade-II, issued by PIMS of

the petitioner.

Ex.P18—

26-12-2011 Copy of the requisition letter

given by the petitioner to

the Chief Engineer and

Personal Manager, PIMS for

the purpose of General Shift

and Weekly off for Sunday.

Ex.Pl9 — 07-02-2012 Copy of letter, given by the

petitioner to the Chief

Engineer, PIMs to conduct

the enquiry about the illegal

promotion to the staffs.

Ex.P20 — 21-03-2012 Copy of the complaint given

by the petitioner to the Chief

Engineer, PIMS.

Ex.P21 — 20-04-2012 Copy of the letter given by

the

petitioner

to

the

Personal Manager, Principal

and

Finance

Controller

against the malpractices

done by the Department.

Ex.P22 — 14-05-2012 Copy of the requisition

given by the petitioner to

the Personal Manager, PIMS

for Salary enhancement of

Grade II.

Ex.P23 — 14-05-2012 Copy of letter given by the

petitioner to the Chief

Engineer, PIMS to take

action against the Engineer

who done the

Ex.P24 — 23-05-2012 Copy of the letter given by

the petitioner before the Lok

Adalat, Puducherry.

Ex.P25 — 04-06-2012 Copy of Order issued by the

PIMS to the petitioner.

290

LA GAZETTE DE L’ETAT

[21 April 2020

Ex.P26 — 06-06-2012 Copy of letter submitted by

the petitioner before the

Conciliation Officer.

Ex.P27 — 22-06-2012 Copy of the Lok Adalat

Order No.1828/2012 dated

22-06-2012.

Ex.P28 — 26-07-2012 Copy of the Reminder letter

submitted by the petitioner

to the Conciliation Officer.

Ex.P29 — 06-08-2012 Copy of letter submitted by

the petitioner to the Chief

Engineer, PIMS for

demanding Sunday Off.

Ex.P30 — 09-08-2012 Copy

of

the

Training

Programme Nomination list

issued by the PIMS.

Ex.P31 — 12-02-2014 Copy of the Department

eligibility workers list.

Ex.P32 — 21-12-2012 Copy of the Conciliation

Proceedings, dated 19-10-2012,

25-10-2012, 02-11-2012,

06-11-2012, 09-11-2012,

15-11-2012, 10-12-2012,

12-12-2012 and 21-12-2012.

Ex.P33 — 05-01-2013 Copy of the notice issued by

the Personal Manager of the

respondent to all the HoDs

and Trade Union.

Ex.P34 — 21-01-2013 Copy of the complaint given

to the Chief Engineer by the

petitioner.

Ex.P35 — 31-01-2013 Copy of the warning issued

by the Personal Manager for

getting bribe for obtaining

job.

Ex.P36 — March 2013 Copy of the Uniform list of

the Supervisors issued by

the PIMS.

Ex.P37 — 03-05-2013 Copy of the order of the

Extension

of

Probation

period against law.

Ex.P38 — 06-06-2013 Copy of the letter submitted

by the petitioner to the

Principal for taking action

against

the

Manjini

(Electrician).

Ex.P39 — 21-06-2013 Copy of the letter submitted

by the petitioner to the

Personal

Manager

and

Finance Controller for taking

action against the Manjini

(Electrician).

Ex.P40 — 05-09-2013 Copy of the order of the

Extension

of

Probation

period against the law.

Ex.P41 — 12-09-2013 Copy of the letter submitted

by the petitioner to the

Principal,

PIMS,

the

Engineers and Personal

Manager

were

taking

revenge action against him.

Ex.P42 — 23-09-2013 Copy of the letter submitted

by the workers of the

petitioner’s Department to

the Principal.

Ex.P43 — 05-10-2013 Copy of the Reversion order

of the petitioner.

Ex.P44 —

Copy of the mistakes (10

series)

done

with

the

knowledge

of

the

Department Engineer.

Ex.P45 — 03-01-2014 Copy of the Legal Notice.

Ex.P46 — 12-02-2014 Copy

of

the

Workers

Educational Qualification

was

published

through

Internet by the PIMS.

Ex.P47 — 13-01-2014 Copy of the Reply notice for

the Legal Notice.

Ex.P48 — 24-02-2014 Copy of the Requisition

letter submitted by the

petitioner

to

the

Management for Salary.

Ex.P49 — 01-04-2014 Copy of the letter submitted

by the petitioner’s Union to

the

Labour

Officer

(Conciliation).

Ex.P50 — 19-04-2014 Copy of the Reply given by

the PIMS to the Labour

Officer

(Conciliation),

Puducherry.

Ex.P51 — 02-05-2014

Copy of the letter submitted

by the petitioner to the

Personal Manager, PIMS for

taking action against the

threatened.

Ex.P52 — 12-05-2014 Copy of the letter submitted

by the petitioner to the

higher authorities, PIMS for

taking action against the

Vasanthakumar (Electrician).

Ex.P53 — 09-06-2014 Copy of the Reply Notice of

the petitioner.

291

21 April 2020]

LA GAZETTE DE L’ETAT

Ex.P54 — 07-10-2014 Copy of the Conciliation

failure report.

Ex.P55 — 01-10-2014 Copy of the memo issued to

the

petitioner

by

the

Personal Manager.

Ex.P56 — 15-10-2014 Copy of the Reply for the

memo.

Ex.P57 — 01-12-2014 Copy of the letter submitted

by the petitioner to the

Department Engineer, PIMS

for taking action against the

threatened through intercom.

Ex.P58 — 23-12-2014 Copy of the memo issued to

the

petitioner

by

the

Personal Manager to attend

the Enquiry Panel.

Ex.P59 —

Copy of the complaint given

to the Chairman, Madras

Medical Mission against the

Electrical Engineer, by

the President, Anumanthai

Panchayat Union and the

copy of the Paper Publication,

dated 21-08-2014.

Ex.P60 —

Copy of the complaint given

by the Gurunathan, to the

Senior Electrical Engineer,

regarding the break open of

the door.

Ex.P61 — 23-03-2015 Copy of Reminder letter.

Ex.P62 — 31-02-2015 Copy of Enquiry completion

information letter.

Ex.P63 — 20-04-2015 Copy of the letter submitted

by the Gurunathan to take

action against the Kathirvel.

Ex.P64 — 22-07-2015 Copy of the Memo issued by

the PIMS to the petitioner.

Ex.P65 — 01-09-2015 Copy of the Reply for the

memo.

Ex.P66 —

Audio CD

Ex.P67 —

Audio CD.

Ex.P68 — 05-10-2015 Copy of the Warning Memo

issued by the PIMS to the

petitioner.

Ex.P69 — 08-02-2016 Copy of the Requisition letter

given by the petitioner’s

union for obtaining records.

Ex.P70 — 26-12-2011 Copy of the Form-C, Certificate

and

o f a n d R e g i s t r a t i o n o f

27-07-2015 Petitioner’s Trade Union.

Ex.P71 — 23-03-2016 Copy of Appreciation

letter issued by the

Respondent Management to

Mr. S. Doureradjou.

Ex.P72 — 05-10-2016 Copy of memo issued by the

Respondent Management to

Mr. Balaraman, Plumber.

Ex.P73 — 25-11-2016 Copy of the letter given

by

the

Deputy

Labour

Commissioner-PIO, Labour

Department, Puducherry

to Mr. V. Subrayan and

S. Doureradjou.

List of respondent’s witness:

RW.l

— 08-12-2017 Isaiah

List of respondent’s exhibits:

Ex.Rl —

Copy of the service rules of

the respondent’s institution.

Ex.R2 — 26-04-2013 Copy of the performance

appraisal of petitioner.

Ex.R3 — 29-08-2013 Copy of the performance

appraisal of petitioner.

Ex.R4 — 06-01-2014 Copy of reply notice to legal

notice, dated 03-01-2014

issued by petitioner.

Ex.R5 — 22-08-2014 Copy of the complaint given

by the Chief Engineer

against the petitioner for

non-cooperation with other

staffs in the shift.

Ex.R6 — 03-09-2014 Copy of the charge memo

issued by the respondent to

petitioner for his disobedience

under the service rules of

respondent’s institution.

Ex.R7 — 10-09-2014 Copy of the letter given by

the petitioner seeking Tamil

version of the charge memo,

dated 03-09-2014.

Ex.R8 — 01-10-2014 Copy of the Tamil version of

the charge memo, dated

03-09-2014.

Ex.R9 — 07-10-2014 Copy of the complaint given

by the one Mr. Kathirvel and

Mr. Selvam to respondent

against petitioner.

292

LA GAZETTE DE L’ETAT

[21 April 2020

Ex.R10 — 09-10-2014 Copy of the complaint given

by the Chief Engineer

against the petitioner for

non cooperation and not

attending the complaints

calls

from

the

other

Departments.

Ex.R11 — 03-11-2014 Copy of complaints given by

all the Electrical staffs

against the petitioner.

Ex.R12 — 23-12-2014 Copy of the complaint given

by one Mr. Antony doss

from Electrical Department

agairst the petitioner.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

AFFIDAVIT

I, Gracy @ Grace Catherine, wife of Morris Antony,

Christian, aged about 68 years and residing at No. 73,

Kamarajar Salai, V.V.P. Nagar, Thattanchavady,

Puducherry-605 009, do hereby solemnly and sincerely

affirm and state as follows:

That I am the deponent herein and well acquainted

with the facts of the case. I submit that I was born to

my parents on 05-11-1946 and I completed my S.S.L.C.

(Academic) Certificate and in which my name has been

mentioned as ‘Grace Catherine’ and I got married at

Puducherry, the same was Registered at Pondicherry

Municipality, Pondicherry and also got Livert De

Family Book under No. 173 by the Pondicherry

Municipality (Etat Civil, Pondicherry) and in which my

name has been mentioned as ‘Gracy’. Further, I submit

that I was employed in St. Antony’s Government Aided

School at Puducherry and retired from the service,

thus, receiving pension from the Government and in

which my name is mentioned as ‘Grace Catherine’.

I got Permanent Account Number (PAN) from the

Income-tax Department in which my name has been

mentioned as ‘Grace Catherine’. I got Passport from

Government of India vide Passport No. J2481191 and

in which my name is mentioned as ‘Grace Catherine’.

I got Membership Card in REPCO Bank and in which

my name has been mentioned as ‘Grace Catherine’.

Further, I submit that I am blessed with one male

child by name called Andrew Gerard who was born

on 10-07-1989, his birth was duly registered at

Pondicherry Municipality, Puducherry and in which

my name has been mentioned as ‘Gracy’, my son got

Confirmation Certificate in the Register of Our Lady

Fatima Church, Thattanchavady, Puducherry-605 009

and in which my name has been mentioned as ‘Grace

Catherine’, and my son got Baptism Certificate at

Assumption Church, Nellithope, Puducherry and in

which my name has been mentioned as ‘Gracy’.

Further, I submit that in my Voter’s Identity

Card issued by the Election Commission of India

vide No. PY/01/019/090515; in my Aadhaar Card

vide No. 3692 4775 9849 issued by Unique

Idenfification Authority of India, and in my Family

Ration Card issued by the Department of Civil

Supplies and Consumer Affairs, Government of

Puducherry vide Card No. 140496 in all three

abovesaid records, my name has been mentioned as

‘Grace Catherine’ and ‘’.

Further, I declare that the above-mentioned names,

in the different documents viz., ‘Gracy’, ‘Grace

Catherine’ and ‘’ are referred one and the

same person of myself only.

I state that what are all stated in the above paragraphs

is true and correct to the best of my knowledge, belief

and information.

Solemnly affirmed and signed before the Notary Public

at Puducherry, on this 19th day of March 2020.

342658

A. GRACE CATHERINE.

No legal responsibility is accepted for the publication of advertisement regarding change of names and other private

notifications in the Gazette. Persons notifying the same will remain solely responsible for the legal consequences and

also for any other misrepresentations, etc.

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday