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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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9 {

No.

23

Poudouchéry

Mardi

9

Juin

2020 (19 Jyaistha 1942)

No.

Puducherry

Tuesday

9th

June

2020

ÿ√VÚ·¶¬ÔD

SOMMAIRES

CONTENTS

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Page

Page

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380

Sentence arbitral du travail

.. 380

Award of the Labour Court

.. 380

de tribunal.

∂´∑ ∂§s¬ÁÔÔ^

..

384

Notifications du Gouvernement

.. 384

Government Notifications

.. 384

∞È ∂§s©AÔ^d

..

386

Vente publique

.. 386

Auction Notices

.. 386

g√›>V™ WÆk™∫Ô^

..

386

Etablissements dangereux

.. 386

Dangerous Establishments

..

386

ƒVu≈§¬ÁÔÔ^

..

388

Annonces

.. 388

Announcements

..

388

380

LA GAZETTE DE L’ETAT

[9 June 2020

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 42/AIL/Lab./T/2020,

Puducherry, dated 17th March 2020)

NOTIFICATION

Whereas,an Award in I.D. (T) No. 11/2019, dated

21-01-2020 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the Industrial Dispute between

the management of M/s. Puducherry Institute of

Medical Sciences, Kalapet, Puducherry and Union

Workmen represented by Puduvai Maruthuva Vingana

Niruvana Thesia Thozhilargal Sangam, INTUC-PIMS,

Puducherry, over non-payment of bonus for the year

2017-2018 as per the Payment of Bonus Act, 1965 in

respect of the matter mentioned in the Annexure to this

order;

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-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Tuesday, the 21st day of January, 2020.

I.D. (T) No. 11/2019

The Secretary,

Puduvai Maruthuva Vingana Niruvana

Thesia Thozhilalargal Sangam INTUC - PIMS,

No. 28, Saint Therese Street,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Puducherry Institute of

Medical Sciences, Kalapet,

Puducherry.

. . Respondent

This industrial dispute coming on this day before me

for hearing, in presence of Thiru L. Sathish, Counsel

for the respondent, on record, the petitioner remained

absent, no representation has been made on his behalf,

up on perusing the records, this Court passed the

following:

AWARD

1. This Industrial Dispute arises out of the reference

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

No. 55/AIL/Lab./T/2019, dated 09-04-2019 of the

Labour Department, Puducherry, to resolve the following

dispute between the petitioner and the respondent, viz.,

(i) Whether the dispute raised by the Union

Workmen represented by Puduvai Maruthuva

Vingana Niruvana Thesia Thozhilalargal Sangam

INTUC-PIMS, Puducherry, against the management

of M/s. Puducherry Institute of Medical Sciences,

Kalapet, Puducherry, over non-payment of bonus for

the year 2017-2018 as per the Payment of Bonus Act,

1965 is justified or not? If justified, what relief the

Union Workmen are entitled to?

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

of money if, it can be so computed?

2. Today, when the case came up for hearing, the

petitioner called absent. No representation. Claim

Statement not filed from 06-08-2019 itself. Hence, this

reference is dismissed for default. No Cost.

Written and pronounced by me in the open Court on

this the 21st day of January, 2020.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 43/AIL/Lab./T/2020,

Puducherry, dated 17th March 2020)

NOTIFICATION

Whereas, an Award in I.D. (T) No. 13/2017, dated

31-01-2020 of the Industrial Tribunal, Puducherry, in

respect of the Industrial Dispute between the management

of M/s. Mahe Handloom Weavers Co-operative Society

Limited, Mahe and Thiru Vadakkan Vijayan (Weavers)

and 22 workers as stated in the Annexure, over enhancement

of wages has been received;

381

9 June 2020]

LA GAZETTE DE L’ETAT

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

CAMP COURT SITTING AT MAHE

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

Presiding Officer.

Friday, the 31st day of January, 2020.

I.D. (T) No. 13/2017

Vadakkan Vijayan (Weavers) and 22 workers,

M/s. Mahe Handloom Weavers

Co-operative Society Ltd.,

No. P.375, P.O. Naluthara, Pallor,

Mahe, Puducherry.

. . Petitioner

Versus

1. The General Manager,

M/s. Mahe Handloom Weavers

Co-operative Society Ltd.,

No. P.375, P.O. Naluthara, Pallor,

Mahe, Puducherry.

2. The President,

M/s. Mahe Handloom Weavers

Co-operative Society Ltd.,

No. P.375, P.O. Naluthara, Pallor,

Mahe, Puducherry.

. . Respondent

This industrial dispute coming on 03-01-2020 before

me for final hearing in the presence of Thiru T. Ashok

Kumar, Counsel for the petitioner and Thiruvalargal

A.P. Ashokan and D. Soundararajan, 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:

AWARD

1. This Industrial Dispute has been referred by the

Government of Puducherry as per the G.O. Rt. No. 80/

AIL/Lab./T/2017, dated 17-05-2017 for adjudicating the

following:

(a) Whether the dispute raised by the 23 workers

of Handloom Weavers Co-operative Society, Mahe,

against the management of M/s. Handloom Weavers

Co-operative Society, Mahe, over enhancement of

wages is justified or not? If justified, what relief they

are entitled to?

(b) 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 respondent in this dispute is a Co-operative

Society engaged in the business of Handloom

Weaving. The workman/petitioners involved in this

dispute are the employees as weavers in the

respondent’s establishment. Despite, they have got

long and continuous service they were paid very

meager and nominal wages which is far below the

National Floor Level Wages, which in turn also far

below the minimum wages fixed for the handloom

industry. The respondent/establishment fixed the

wages for each item of piece of goods originally at a

very meager and nominal rate. Thereupon, the

enhancement of wages was also made at very meager

and nominal rate. As per which, the petitioners/

workmen were getting ` 60 to ` 80 per day. The

employees employed in various other sections were

getting wages in between ` 700 to ` 900 per day.

These petitioners are struggling very hard for their

day to day life. They are having the right to claim

enhancement of wages from the respondent

management. They approached the Regional

Administrator and M.L.A. of Mahe, but, it ended in

vain. These petitioners filed a complaint before the

Assistant Inspector of Labour-cum-Conciliation

Officer, Mahe on 22-09-2016. He has made several

rounds of conciliation. The respondent management

stated that, it is only a Primary Society and the Apex

Society is Pontex and it is supplying materials to it

for manufacturing handloom goods and that wages

were fixed by Pontex and paid by it only. The

Conciliation Officer advised the management to take

steps to provide wage as ` 160 per day to the

workmen as an interim measure with effect from

01-07-2005. Then he issued the letter to the Pontex

as requested by this management. The Conciliation

Officer waited for more than one and half months,

but, there was no response from Pontex and hence,

he has submitted the failure report to the Government.

These petitioners are the employees of the

management and the relationship of employer and

employee, exists between the management and

this petitioners. The management is liable to pay

fair and reasonable wages to these petitioners.

The Pontex is not Apex Society of this management.

382

LA GAZETTE DE L’ETAT

[9 June 2020

The respondent/management denied the fair wages

in an unjustified manner. These petitioners/workmen

are entitle for enhanced rate of wages of ` 160 per

day from 01-07-2003 to 21-09-2016. Further, they are

entitled to get the difference of wages for the

abovesaid period. These petitioners/workmen are

entitle to get a minimum salary of ` 500 per day from

22-09-2016 onwards and they are entitled for 10% of

enhanced wages every year on the consolidated pay.

They are also entitled for difference is wages from

22-09-2016 till the date of Award, hence, this petition

has to be allowed.

3. The brief averment of the counter filed by the

respondent:-

(i) All the averments and the claim made in the

claim statement is denied as false and this respondent

is not at all responsible to pay the same as claimed

in the claim petition. The respondent Society is having

23 workmen, out of which 13 workers were working as

in-shed workers and the remaining workers are

working as out-shed workers and they are doing their

work from their houses during their free time. The

respondent/management is receiving yarn from the

Pontex, Puducherry and they are paying prescribed

wages to the workers. Originally the workmen worked

at their flexible timings and their performance are not

equal and the workmen used to weave 3 to 10 pieces

of finished goods, like towel, per day. It was very

much low than the expected performance of a worker

considering the availability of yarn and infrastructure.

There is no target fixed for these petitioners and they

can do work as per their wishes. The Pontex has paid

the wages to these petitioners and this management

is not having any control over these petitioners.

Further, these petitioners are getting Additional

allowances as follows:

(a)

Increase in DA at the rate of 10% every year.

(b)

The in-shed workmen are eligible for ESI

facility and out-shed workmen are paid medical

allowance @ ` 100 p.m.

(c)

Gift coupon of ` 1,500 during Pongal festival.

(d)

Free sarees and blouse to female, and dothi

and towel to male members.

(c)

Group insurance to a tune of ` 60,000 to

members.

(f)

Wage incentive @ 30% of wages subject to a

ceiling of ` 7,500.

(g)

Children Education Allowance from ` 400 to

` 2,000 per annum from I Std to College level.

(h)

Government contribution to thrift fund @ 12%

of their wages.

(i)

Rain season subsidy of ` 1,500.

(j)

Superannuation pension of ` 2,100 p.m.

(k)

` 10,000 As grant to deceased member from

Handloom Weavers Welfare Fund.

(ii) The raw materials and the wages were supplied

by the Apex authority of this management namely,

Pontex to these petitioners. As this management is

doing the job as per the direction of the Pontex it

cannot act according to his own decision, hence, the

claims cannot be claimed from this respondent, which

can be claimed from the Pontex under the control of

Government of Puducherry, hence, this petition has

been dismissed.

4. No oral evidence and documents were adduced on

both sides. Both side Counsels argued their cases as

per the plea raised in their statements.

5. Points for consideration:

Whether the dispute raised by the 23 workers of

Handloom Weavers Co-operative Society, Mahe,

against the management of M/s. Handloom Weavers

Co-operative Society, Mahe, over enhancement of

wages is justified or not? If justified, what relief they

are entitled to? To compute the relief if any, awarded

in terms of money if, it can be so computed?

6. On the point:

The petitioner side Counsel argued that these

petitioners/workmen were employed under the

respondent management and they were paid lesser

wages and they were entitled for enhancement of

wages and they are coming under the control of the

respondent management and therefore, their claim

has to be answered in their favour.

7. The respondent side Counsel argued that these

petitioners are not coming under the control of the

respondent management and they are coming under the

control of Pontex, the Apex Society and therefore, the

claim cannot stand hold and hence, he prayed to dismiss

the claim made by these petitioners.

8. The petitioners have stated that they were

employed under the respondent management and they

were paid very meager and nominal wages. They have

further stated that their salary was very much less than

that of the National Floor Level Wages, which in turn

far below than that of the minimum wages prescribed

under the Minimum Wages Act. Further, they have

stated that they were entitle for enhancement of wages

and hence, this industrial dispute has to be answered

in their favour. In order to prove the pleadings as

narrated above in their claim statement, nobody has

come forward to adduce evidence in their favour. That

is no oral evidence was adduced by these petitioner to

383

9 June 2020]

LA GAZETTE DE L’ETAT

support their claim. Furthermore, no single document was

filed to substantiate their claim. Thus, it is found that

though they have made claims, they have not come

forward to prove their pleadings by evidences and

documents. Hence, merely on the basis of their pleading

alone, this Court cannot come to the conclusion that

they have proved their case. Hence, on the basis of no

evidence and no documents, this claim petition found

to be fit for dismissal.

9. At this juncture, this Court inclined to mention

the judgment rendered by the Hon’ble Supreme Court

in 2005 LLR 737.

The abovesaid judgment was rendered by the Bench

containing 3 Judges, wherein, it was held that

“pleadings of the parties are no substitute for the

proof and when a particular plea is controverted by

a party, the other party has to produce the evidence

in support of its contention”.

10. Here, in this case, the petitioners failed to come

forward to adduce any evidence to substantiate their

claim. Furthermore, they have not produce any document

to show their employment and receipt of wages. It

shows their failure of proving their case prima faciely.

Furthermore, their employment was denied by the

respondent management, even after that they have not

come forward to adduce evidence. Therefore, this Court

was unable to come to the conclusion that the

petitioners/workmen proved their case as per the

abovesaid judgment.

11. As per the judgment rendered by the Hon’ble

High Court of Jharkhand at Ranchi in LP No. 283/2013,

two well recognized tests has to be applied to find out

the principal employer.

(i) Whether the principal employer pays the

salary.

(ii) Whether the principal employer controls and

supervise the works of the employees.

12. Here, in this case the respondent has pleaded

that Pontex is the Apex authority and they are the

primary Society. Further, it has pleaded that the materials

and the wages were supplied by the Pontex, Therefore,

in order to testify the same both parties have to appear

and give evidence on their side i.e., both parties have

to produce their documents to substantiate their claims.

Then only this Court can apply the abovesaid test and

it can find out whether this respondent/management is

giving salary or not? and then the respondent is having

control over the petitioner/employees. Since, no

evidence was adduced on both sides, this Court was

unable to apply the abovesaid tests to find out the

principal employer. Hence, on that score also this

industrial dispute becomes fit for dismissal for lack of

evidence.

13. In the result, this industrial dispute is dismissed.

No cost.

Dictated to stenographer, transcribed by him,

corrected and pronounced, by me in the open Court on

this the 31st day of January, 2020.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witnesses: Nil

List of petitioner’s exhibits: Nil

List of respondent’s witnesses: Nil

List of respondent’s exhibits: Nil

ANNEXURE

(1)

(2)

1. Vijayan

2. Susila

3. Shobha

4. P. Susitra

5. M. Sasi

6. Pradeepan

7. M. Seena

8. P. Beena

9. P. Shiyamala

10. P.D. Chandri

11. Thondan Chandri

12. Sadi Paroli

13. K. Usha

14. T. Latha

15. P. Rajeevan

16. P. Radha

17. M. Devan

18. K. Prema

19. V. Susitra

20. P.V. Prasita

21. T. Rajini

22. C. Sheeba

23. Pushpavalli

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.