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18 {

No.

33

Poudouchéry

Mardi

18

Août

2020 (27 Sravana 1942)

No.

Puducherry

Tuesday

18th

August

2020

516

LA GAZETTE DE L’ETAT

[18 August 2020

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 68/AIL/Lab./T/2020,

Puducherry, dated 14th July 2020)

NOTIFICATION

Whereas, an Award in I.D. (T) No. 15/2016, dated

12-02-2020 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the Industrial Dispute

between the management of M/s. S & S Power

Switchgear Equipment Limited, Sedarapet, Puducherry

and Thiru Poongavanam, Vanoor District, over

non-employment 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 INDUSTRIAL TRIBUNAL AT

PUDUCHERRY

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

Presiding Officer.

Wednesday, the 12th day of February 2020.

I.D. (L) No. 15/2016

Poongavanam,

No. 2/463, Bharathi Street,

Kalaignar Nagar,

Thiruchitrambalam Koot Road,

Vanoor District.

. . Petitioner/

Workman.

Versus

The Managing Director,

M/s. S & S Power Switchgear

Equipment Limited,

No. 4, EVR Street,

Sedarapet, Puducherry.

. . Respondent/

Management.

This industrial dispute coming on 11-02-2020 before

me for final hearing in the presence of Thiruvalargal

P.R. Thiruneelakandan, A. Mithun Chakravarthy

and R. Harinath, Counsels for the petitioner and

Thiru M. Vaikunth, 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. 52/AIL/Lab./T/2016, dated 06-06-2016 for

adjudicating the following;

(a) Whether the dispute raised by Thiru

E. Poongavanam, against the management of

M/s. S & S Power Switchgear Equipment Limited,

Puducherry, over his non-employment is justified or

not? If justified, what relief he is 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 petitioner was employed ed in the

respondent factory during 1988. He was an active

member in the Union namely, S & S Power Switchgear

Equipment Limited, Labour Union. It had only limited

member of workers. During the year 2012, the

abovesaid Union and the other Union by name S & S

Power Switchgear Equipment Limited, Employees

Welfare Sangam, which had majority workers as his

member, had submitted a charter of demands for

revision of wages before the respondent.

(ii) The Trade Union by name S & S Power

Switchgear Equipment Limited Labour Union had

acted against the interest of the workers in collusion

with the management. It raised misunderstanding

between this petitioner and the S & S Power

Switchgear Equipment Limited Labour Union,

therefore, this petitioner along with two other workers

had left from the said Union and joined as members

in the rival union by name S & S Power Switchgear

Equipment Limited Employees Welfare Sangam.

Since, this petitioner and two other members resigned

from the said minority Union it strength was reduced

to five members only. It was not even enough to meet

the minimum statutory strength to form and function

as Trade Union and therefore, the management was

unable to execute the 12(3) settlement with the said

minority Union with respect to the wage revision and

therefore, the respondent management had personal

animosity with this petitioner and it has decided to

victimize this petitioner by adopting unfair labour

practice. While so on 13-11-2013, the charge memo

was issued to this petitioner alleging that this

petitioner had assaulted the co-employee by name

517

18 August 2020]

LA GAZETTE DE L’ETAT

Mr. K. Saravanan. This petitioner denied the charges

as false and

baseless. But, the respondent

management conducted the domestic enquiry in a pre

determind manner to terminate this petitioner from

his service. It has adopted empty formality without

observing any rule and principles of natural justice

and in a hasty manner and concluded the domestic

enquiry in its favour and it has terminated this

petitioner from service on 18-04-2015. Aggrieved by

the same, this petitioner had raised the dispute

before the Conciliation Officer (Labour) and it ended

in failure. It was reported on 27-01-2016 and

thereafter, this Industrial Dispute has been referred

to this Labour Court by the Government of

Puducherry. The management had acted in arbitrary,

illegal and against the natural principles of justice

and thereby removed this petitioner from service on

18-04-2015. It is a pure Act of victimization and unfair

labour practice and hence, the order of termination

has to be set aside. No fair and proper enquiry was

conducted by the management. This petitioner was

not afforded with opportunity to defend his charges.

The Enquiry Officer conducted the enquiry in a hasty

manner with pre-determination. The management has

imposed the punishment of termination in an arbitrary

manner. Therefore, the illegal termination order, dated

18-04-2015 has to be set aside and the petitioner has

to be reinstated into the company with continuity of

service. back wages and all other monetary benefits.

Hence, it is prayed to allow this application.

3. The brief averment of the counter field by the

respondent:

(i) The allegations raised by he petitioner against

the respondent as denied as false and baseless. The

management never acted in a victimized manner. This

petitioner was terminated for his proven misconduct

relating to the incident that took place inside the

factory on 07-11-2013. The punishment awarded

against the petitioner is in proportionate one. There

is no arbitrariness or illegality in the termination

order and therefore, it is not necessary to set aside

the order of termination.

(ii) On 07-11-2013 at 05.10 p.m. the co-employee by

name Mr. Saravanan was returning from the toilet

along with his colleague by name Mr. Augstin and

at the time, this petitioner accosted the abovesaid

Saravanan, at the end of the path way opposite to

the Machine shop where angle notching machine is

located. This petitioner abused the said Saravanan

as follows “

” Further, this

petitioner scolded and assaulted Mr. Saravanan on

his right neck and pushed him and he raised his

hand once again, which was intervened and stopped

by the said Augustin. The abovesaid act is a

misconduct under clause 149(3) (g) (h) and (i) of the

Industrial Employment (Standing Order) Central

Rules, 1946 and hence, the charge memo was issued

to this petitioner in writing and he is directed to file

his reply within 48 hours from the date of receipt of

the charge memo. This petitioner has requested

for 15 days time to enable him to file his explanation

on 15-11-2013. The management has granted a week

time letter, dated 16-11-2013. Again on 23-11-2013,

the petitioner seeks further time to offer his

explanation and it was granted by the management

vide its letter, dated 25-11-2013. Finally, this

petitioner filed his explanation on 30-11-2013

wherein, he has denied the charges in a single line.

Thereafter, the enquiry was started on 13-12-2013

and the domestic enquiry was concluded on

11-07-2014. It has consumed nearly 28 sittings from

the date of commencement on 27-12-2013. The

respondent management has examined Mr. Saravanan,

Augustine and the Senior Engineer Mr. Selvakumar.

The management has represented its case through

its representative by name Mr. Arul. This petitioner

has participated in the Domestic Enquiry and he

has examined Mr. Palaninathan, Mr. V. Murugan

and one V. Senthilkumar. This petitioner was assisted

by his colleague by name D. Thirugnaunsambandam.

This petitioner has participated in the enquiry fully with

his assistant with above the said D. Thirunanasambandam.

All the material and relevant records were produced

before the Enquiry Officer and its copies were

furnished to this petitioner. Further, this petitioner

has cross-examined all the witnesses thoroughly and

finally the findings of the Enquiry Officer were

submitted on 29-10-2014 and the copy of the same

was given to this petitioner on 22-12-2014. This

petitioner has given his reply to the findings on

13-01-2015. Thereafter, the 2nd show cause notice

was issued to this petitioner on 13-02-2015. This

petitioner has taken sufficient time and advice from

his Colleague/Trade Union member and finally, he

has given his reply on 03-03-2015. After considering

the same, the gravity of the Acts and misconduct of

this petitioner, the management has terminated this

petitioner from his service. The order of dismissal has

no relevance with the Union activity and it was purely

related to the incident that took place on 07-11-2013

at about 05.10 p.m. This petitioner has purposely

suppressed the real fact and attempted to project the

518

LA GAZETTE DE L’ETAT

[18 August 2020

picture that he was victimized by the management and

by the rival Union. The resignation of this petitioner

from one Union and switch over to other Union is

no way relevant to this case and the reasons for his

quit also no way connected with Union activity.

Further, the issue of wages as no way related to this

industrial dispute. Hence, it has to be dismissed.

4. On the side of the petitioner only witness was

examined and Ex.P1 to Ex.P6 were marked. On the side

of the respondent only one witness was examined and

Ex.Rl and Ex.R11 were marked.

5. The petitioner side Counsel argued that this

petitioner was victimized and terminated from the

service, as he resigned from the minority Union along

with two other members and switch over to the majority

Union. It is further argued that due to his resignation

of his membership from the minority Union, the minority

Union has lost its statutory strength and it was unable

to enter into 12 (3) settlement with the management. In

order to victimize this petitioner, the respondent

management has issued a false charge memo and

conducted the disciplinary proceedings as an empty

formality and thereby removed this petitioner from his

service. It is further argued that the termination order

was issued as a colourful exercise by the management

against the provision of labour legislations. It is further

argued that removal of this petitioner from service for the

act of use of filthy language against the co-employee,

is a colourful exercise and the order of the punishment

is also highly excessive and dis-proportionate and

hence, it has to be set aside and the petitioner has to

be awarded with re-instatement with all other monetary

benefits.

6. The respondent side Counsel argued that this

petitioner was removed from service for alleged

misconduct that took place on 07-1l-2013 and there was

no relevancy of rivalry Union activity as alleged by this

petitioner. It is further argued that this petitioner was

removed from his service for the proven and misconduct

of use of filthy language and assault against the

co-employee on 07-1l-2013. It is further argued that in

order to save the co-employee and to maintain the

industrial peace, this petitioner was properly subjected

to disciplinary proceedings and hence, punished with

removal of service and it was not excessive as alleged

by the petitioner. It is further argued that there was no

hasty in concluding the proceedings and this petitioner

was removed from his service after following all the

legal formalities and the principles of natural justice and

hence, he prayed to dismiss the claim petition by this

petitioner.

7. Points for consideration:

Whether the dispute raised by Thiru E. Poongavanam

against the management of M/s. S & S Power

Switchgear Equipment Limited, Puducherry, over his

non-employment is justified or not? If justified, what

relief he is entitled to?

8. On the Point:

The petitioner was an employee in the respondent

company and he has been removed from his service

by the management on 18-04-2015 are all admitted

facts. Originally, this petitioner was a member in

S & S Power Switchgear Equipment Limited Labour

Union which is a minority Union and thereafter, this

petitioner along with two others left from the same

union and they have joined as members of the

majority Union by name S & S Power Switchgear

Equipment Limited Employees Welfare Sangam are

also admitted facts. Whether the order of the

removal/termination on the basis of the enquiry

proceedings is justifiable or not is to be decided

hereunder.

9. The petitioner has pleaded that as he left from the

minority

Union and therefore, the respondent

management and the representatives of the minority

Union had personal animosity with this petitioner and

therefore, he was victimized by the respondent

management. At the same time, the respondent has

pleaded that the removal of this petitioner from his

service is for the proven of misconduct that took place

on 07-11-2013 and not for the rivalry Union activities.

To analyse the abovesaid aspects, this Court inclined

to go through the documents produced on both sides.

This petitioner has pleaded that originally the minority

Union has also given a charter of demand and due to

his resignation from the said minority Union, the

minority Union has lost its statutory strength and

therefore, it was unable to enter under section 12(3)

settlement with the respondent management. The

petitioner further pleaded that due to that animosity, he

was victimized by the management as well by the

representative of the minority Union. The petitioner has

no given the date of filing of charter of demand before

the responden management, the date of his resignation

from the minority Union and the date of settlement under

section 12(3) by the management with the majority

Union, without which, this Court was unable to come

to the conclusion that this petitioner was removed from

his service due to personal animosity that arises due

to the resignation of this petitioner from the minority

Union. Further, he has failed to examine the

co-employees to strengthen their aspect. Therefore, the

allegation of rivalry Union activity and personal

animosity are found to baseless.

519

18 August 2020]

LA GAZETTE DE L’ETAT

10. At the same time, the respondent has pleaded

that he was removed his service for the alleged

misconduct that took place on 07-11-2013. To

substantiate this pleading, the respondent has filed

Ex.R1 wherein, it is stated that on 07-11-2013 at 05.10 p.m.

this petitioner, accosted the said Saravanan and used

filthy language and assaulted him. Furthermore, as per

the Ex.R2, dated 18-04-2015, the termination order, it has

been clearly mentioned in the 2nd paragraph that this

petitioner accosted the said Saravanan, used filthy

language against him and he also assaulted the said

Saravanan”. Furthermore, in the termination order,

dated 18-04-2015 (Ex.R2) it is clearly mentioned that the

charge against this petitioner was clearly proved and

therefore, he was terminated from his service.

Furthermore, the respondent has raised the plea of

misconduct of use of filthy language against one

Saravanan and same plea was raised before the

Conciliation Officer also. But, this petitioner has

conveniently suppressed the abovesaid misconduct,

dated 07-11-2013 in his pleading before this Court. It

shows that this petitioner has not approached this Court

with clean hands and he has conveniently the

suppressed the same. Therefore, from the abovesaid

discussion it was clear that this petitioner was removed

from his service for the proven of misconduct that took

place on 07-11-2013. Thus, the respondent has clearly

proved that this petitioner was removed from his service

for the proven of misconduct and not for rivalry Union

activities.

11. Thirdly, this petitioner has pleaded that the

respondent management has conducted the domestic

enquiry in a hasty manner and no opportunity was given

to this petitioner to defend his case. To substantiate

this part of pleading, this petition has to file

documentary and oral evidence. But, he has not

produced any documentary or oral evidence with

respect to the disciplinary proceedings. It shows that

this petitioner has raised false and bald allegation only.

At this juncture, this inclined to go through the counter

pleading and the evidence of RW1, wherein, he has

deposed that for the alleged misconduct by this

petitioner on 07-11-2013, he has served with charge

memo on 13-11-2013 and this petitioner has requested

15 days time for his explanation on 15-11-2013. He

has further deposed that the management has granted

time to this petitioner to file his objection. It is also

deposed that this petitioner has filed his explanation

on 30-11-2013 with one line denial. He further depose

that the disciplinary proceedings commenced on

27-12-2013 and it continued on various days as follows:

31-12-2013

18-04-2014

11-01-2014

23-04-2014

25-01-2014

29-04-2014

30-01-2014

05-05-2014

04-02-2014

15-05-2014

15-02-2014

21-05-2014

15-03-2014

02-06-2014

18-03-2014

06-06-2014

21-03-2014

14-06-2014

24-03-2014

19-06-2014

02-04-2014

23-06-2014

07-04-2014

03-07-2014

09-04-2014

11-07-2014.

12. He further deposed that nearly 28 sittings were

conducted from the date of commencement on 27-12-2013

and the findings were given on 29-10-2014 and the

management has given the copy of the report on

29-12-2014 and await for his reply on the findings. He

further deposed that this petitioner filed his view over

the report on 13-01-2015. He has further deposed that

the second show cause notice was issued on

16-02-2015, the reply was received on 03-03-2015 and

then finally he was removed from his service on

18-04-2015. This petitioner has not come forward to

cross-examined RW1 to get over the same as false. The

unchallenged oral evidence of RW1 substantiate of the

pleadings raised in the counter. Thus, it shows that this

petitioner was removed from his service only after

adopting all the legal formalities and the principles of

natural justice. Therefore, this Court comes to the

conclusion that there is no violation of principles of

natural justice during the enquiry proceedings.

13. Now, let us pass to the punishment awarded to

this petitioner as to its proportionality, i.e., it has to

find out whether the punishment of dismissal for the

alleged misconduct of this petitioner on 07-11-2013 is

proportionate or excessive. At this juncture the

petitioner side Counsel filed the citation reported in

1982 AIR1552 reported in the case of

Rama Kant Misra

Vs.

State of UP and others, dated 2l-10-1982.

Wherein, the Hon’ble Court has indicated that

punishment must always be commensurate with the

gravity of the offence charged. In the abovesaid ease,

520

LA GAZETTE DE L’ETAT

[18 August 2020

the appellant/workman who had put in more than

14 years of service, who was removed from his service

for the misconduct of use of filthy language and

threatening posture, and the same was challenged

before the Hon’ble Supreme Court, wherein, the Hon’ble

Supreme Court has held that the removal of the

workman for such allegation is an extreme steps taken

by the management. The Hon’ble Supreme Court was

not satisfied with the order of dismissal as it was

unjustified and has imposed the punishment of

withholding of two increments with future effect and

stated that which will be more than adequate

punishment. Further, this petitioner has filed another

judgment reported in 1984 AIR 914 wherein, it is held

that the order of the dismissal for the alleged misconduct

of use of filthy language as disproportionate. It is held

as follows: “We are also of the opinion that no

responsible employer would ever impose in like

circumstances, the punishment of dismissal to the

employee and that victimization or unfair labour practice

could well be inferred from the conduct of the

management in awarding the extreme punishment of

dismissal for a flimsy charge of abuse of some worker

or officer of the management by the appellant within

the premises of the factory. We therefore, hold that

the termination of the appellant’s service is invalid and

unsustainable in law, and that he is entitled to

reinstatement with full back wages and other benefits

including continuity of service. The appeal is allowed

accordingly with costs quantified at ` l,000.

14. Further, the petitioner side Counsel filed another

citation reported in Writ Petition No.12339/2016, dated

08-10-2018 by the Hon’ble Madras High Court. Wherein,

the technical staff who was removed from his service

for the misconduct of abusive language against his

superior i.e., the Assistant Engineer has challenged his

order of termination before the Hon’ble Madras High

Court. The Hon’ble High Court has held that the

penalty of dismissal on the alleged use of filthy

language as disproportionate and it has ordered to the

reinstate the workman in service with continuity of

service with the attendant benefits but, without back

wages. It has also ordered a cut in the increment in the

wages for the period of 2 years without cumulative

effect.

15. Here, in this case also this petitioner was

removed from his service for the alleged misconduct of

use of filthy language and assaulted against one

Saravanan on 07-11-2013. There was no past record of

misconduct against this petitioner. Hence, considering

the abovesaid circumstances and the service of this

petitioner since 1988, this Court comes to the

conclusion that tile punishment of dismissal is

disproportionate. As laid down by the principles in the

abovesaid citations, this Court comes to the conclusion

that this petitioner is very well entitle for the benefits

of the abovesaid citations. Hence, this Court comes to

the conclusion that the order of dismissal has to be

necessarily be set aside and he has to be re-instated

into service with all other attendant benefits. At the same

time, this Court is of the view that the punishment of

cut in the increment with cumulative effect for a period

of two years would be an appropriate one.

16. In the result, the order of termination by the

management is decided as unjustified and the Industrial

dispute raised by the petitioner against the management

is decided as justified with the following observations.

(i) the order of dismissal, dated 18-04-2015 is set

aside and the petitioner is ordered to be

re-instated into service with effect from 18-04-2015

with full back wages and all other monetary benefits,

however, there shall be a cut in the increment in the

wages for a period of two years with cumulative

effect.

(ii) Both parties shall bear their own costs.

Dictated to Stenographer, transcribed by him,

corrected and pronounced by me in the open Court on

this the 12th day of February, 2020.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.l — 29-06-2017

Poongavanam.

List of petitioner’s exhibits:

Ex.Pl — 18-04-2015

Copy of the Petitioner’s

Termination Order.

Ex.P2 — 11-05-2015

Copy of the petitioner’s

raised an Industrial Dispute

b e f o r e

t h e

L a b o u r

Conciliation Officer.

Ex.P3 — 14-05-2015

Copy of the Conciliation

Notice.

Ex.P4 — 27-01-2016

Copy of the Conciliation

Failure Notice.

Ex.P5 — 06-06-2016

Copy of the Government

Reference.

Ex.P6 — 01-07-2016

Copy of the Legal Notice.

List of respondent’s witness:

RW1 — 30-08-2017

Balakrishnan.

521

18 August 2020]

LA GAZETTE DE L’ETAT

List of petitioner’s exhibits:

Ex.R1 — 15-05-2015

Copy of Form K filed

before

the

Industrial

Tribunal-Labour

Court,

Puducherry.

Ex.R2 — 18-04-2015

Copy of letter from S & S

Power Switchgear Equipments

Limited.

Ex.R3 — 20-04-2015

Co py

o f

letter

fro m

Poongavanam.

Ex.R4 — 05-05-2015

Copy of letter from S & S

Power Switchgear Equipments

Limited.

Ex.R5 — 10-06-2015

Co py

o f

letter

fro m

Poongavanam.

Ex.R6 — 10-06-2015

Co py

o f

letter

fro m

Poongavanam.

Ex.R7 — 23-06-2015

Copy of letter from S & S

Power Switchgear Equipments

Limited.

Ex.R8 — 17-07-2015

Copy of letter from S & S

Power Switchgear Equipments

Limited.

Ex.R9 — 27-07-2015

Copy of letter from Office

of

the

Labour

Officer

(Concilation).

Ex.R10 — 06-08-2015

Copy of letter from S & S

Power Switchgear Equipments

Limited.

Ex.R11 — 06-07-2015

Copy of reefrence letter

from Labour Department,

Puducherry.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 71/AIL/Lab./T/2020,

Puducherry, dated 15th July 2020)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 16/2017, dated

05-03-2020 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the Industrial Dispute

between the management of M/s. Jayaprakash

Narayanan Co-operative Spinning Mill, Neravy,

Karaikal and Thiru M. Dhanasekaran, Karaikal, over

reinstatement with back wages 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 INDUSTRIAL TRIBUNAL AT

PUDUCHERRY

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

Presiding Officer.

Thursday, the 5th day of March 2020.

I.D. (L) No. 16/2017

M. Dhanasekaran,

No. 6, Sivan Koil Street,

Poovam, Varichikudi,

Karaikal.

. . Petitioner

Versus

The Managing Director,

M/s. Jayaparakash Narayanan

Co-operative Spinning Mill,

Neravy, Karaikal.

. . Respondent

This industrial dispute coming on this day before me

for final hearing in the presence of Thiru R. Ramar,

Representative for the petitioner and Thiru Sangaralingam

and P. Djeassilane, Counsels 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 Disputes has been referred by the

Government of Puducherry, as per the G.O. Rt. No. 43/

AIL/Lab./T/2017, dated 06-04-2017 for adjudicating the

following;-

(a) Whether the dispute raised by Thiru

M. Dhanasegaran against the management of

M/s. Jayaprakash Narayanan Co-operative Spinning

Mill, Karaikal, over reinstatement and back wages is

justified or not? If justified, what relief he is entitled

to?

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

of money if, it can be computed?

522

LA GAZETTE DE L’ETAT

[18 August 2020

2. Brief of the claim petition:

The petitioner was employed as apprentice during

the year 1996 and thereafter, he was made permanent

in the year 2000. He availed two years long leave

from 01-02-2013 to 01-02-2015. In the mean time, he

was called on by the respondent/management and

directed to attend the duty and therefore, this

petitioner attended the duty on and from 10-02-2014

and he received a sum of ` 12, 000 as monthly salary.

Thereafter, this petitioner availed ESI leave from

01-03-2014 to 07-03-2014. In the meanwhile, this

petitioner was admitted in Vinayaga Medical Mission

Hospital, through ESI Corporation for surgery on

08-04-2014 and then he was discharged on 21-04-2014.

Further, this petitioner availed ESI leave from

22-04-2014 to 27-04-2014. Even then, this petitioner

was not able to get good relief and hence, he was

unable to attend the duty and he was on leave

continuously. In the meanwhile, the management has

issued show cause notice stating that he was absent

on and from 15-04-2014 and seeks explanation for that

and this petitioner filed his reply on 30-04-2014

stating that due to his health condition, he was

unable to attend the duty. After getting improvement

in the health condition, this petitioner approached

the respondent/management on 30-01-2015 for duty.

The respondent/management refused to receive the

documents submitted by this petitioner and intimated

that this petitioner was terminated from his duty on

and from 30-08-2014. The second show cause notice

issued by the management dated 09-07-2014 was not

at all received by this petitioner. This petitioner’s

effort to get employment ends in failure and

therefore, this petitioner approached the Conciliation

Officer on 02-02-2015. This petitioner was illegally

terminated from service while he was under treatment

in Vinayaka Mission Hospital at Karaikal from

08-04-2014 to 21-04-2014. The show cause notice,

dated 15-04-2014 was issued, while he was in

admission in the Vinayaka Mission Hospital. The

reply given by this petitioner on 30-04-2014 was not

at all considered by the respondent/management. He

was removed from his service without any enquiry

and it was also not intimated to this petitioner in

appropriate time. The termination of this petitioner

is against clause 17 and 21 of the Standing Order of

the Mill and it was also against the principles of

natural justice, hence, this petitioner has to be

reinstated into service with full back wages and all

other monetary benefits.

3. Brief of the counter averments:

All the averments in the claim statement is denied

as false except those are specifically admitted by the

respondent in the counter. The respondent admitted

that this petitioner was permanently employed and

he availed the long leave for two years. While the

petitioner was on sanctioned long leave he was

recalled by the management on 25-01-2014 as per the

Standing Order and this petitioner also rejoined duty

on 10-02-2014 and he continued his duty till 03-04-2014.

Then from 05-04-2014 he was absent from his duty

without any intimation and therefore, this respondent

issued the show cause notice, dated 15-04-2014 to

this petitioner and sought for his explanation. This

petitioner filed his reply on 30-04-2014 with medical

certificate and fitness certificate, as per the fitness

certificate he has to resume work on 26-04-2014, but,

he has failed to resume duty from 28-04-2014 on

wards and therefore, the respondent/management

was constrained to remove this petitioner’s name

from the muster role of the Mill and therefore, this

respondent/management issued a show cause notice

on 09-07-2014 and sought for his explanation within

3 days. The postal notice was returned as left

without intimation. In abandon caution, the

respondent/management also intended to enquire him

personally about his continuous absent and a notice

was put up in the notice-board on 16-07-2014. Even

then, this petitioner failed to give his explanation for

his continuous absence. Since, this petitioner was

continuously absent from 28-04-2014 onwards, the

management has removed his name from the muster

roll on 30-08-2014 as per the discharge order passed

on 28-08-2014. The discharge order was also returned

as undelivered, which was sent to the petitioner’s

address. Thereafter, this petitioner received the same

in person on 30-01-2015. The Assistant Spinning

Master was empowered to issue discharge order and

he was authorised to terminate this petitioner, as the

District Administrator/Collector has given power to

him, as per the resolution passed on 27-08-2014. This

respondent/management has considered his health

condition and expected him to resume duty with

effect from 26-04-2014, as per the fitness certificate

produced by this petitioner. This petitioner failed to

utilize the chances given by the management to

explain his inability to attend the duty. The

management has adopted the principles of natural

justice, while exercising its option to remove this

petitioner. This petitioner was reckless towards his

employment, which resulted in his termination and

therefore, this petition has to be dismissed.

4. While the abovesaid case was pending for filing

counter on behalf of this respondent from 15-09-2017 to

07-12-2018, this respondent failed to appear before this

Court and hence, ex parte order was passed on

07-12-2018. Thereafter, ex parte evidence was recorded

on 01-02-2019 and the ex parte Award was passed on

20-02-2019. Thereafter, the respondent management

filed the ex parte Award set aside petition and it was

523

18 August 2020]

LA GAZETTE DE L’ETAT

also allowed. While the case was adjourned for enquiry

on 27-02-2020, both parties appeared before this Court

and filed the memorandum of settlement stating that the

entire dispute was settled out of Court and they have

represented that, the Award has to be passed in terms

of settlement arrived between them on 27-02-2020.

To that effect they have filed the joined memorandum

of settlement signed by both parties, dated 27-02-2020.

5. The joint memorandum of settlement, dated

27-02-2020 was perused. The terms of settlement was

as follows:

(i) The respondent/management will reinstate the

petitioner into the services of the Mill with immediate

effect.

(ii) The petitioner/workman will not claim any

back wages for the period from the date of

termination, till the date of settlement.

(iii) The respondent/management will reinstate

the petitioner/workman with continuity service.

(iv) The petitioner/workman will not claim any

monetary/service benefit for the period from the date

of termination till the date of reinstatement.

(v) The respondent/management shall arrange to

relive the petitioner/workman from the services of the

Mills under the Special Voluntary Retirement

Scheme, which is in vogue/force in the Mills, without

any other conditions if, the petitioner/workman

submits application under the scheme. Both parties

pray this Court to approve the above proposed

settlement and pass order and Award accordingly.

6. Since, the dispute has been amicably settled out

of Court between the parties as per the Joined

Memorandum of settlement, the management has

endorsed that they have no objection to record the

settlement and to close the reference. The petitioner also

reported that the dispute is settled out of Court and he

had no objection to close the reference as per of terms

of settlement. Hence, considering the facts and

circumstances of the case and considering the

memorandum of settlement, this Court inclined to pass

an Award as per the terms of settlement arrived between

the parties on 27-02-2020.

7. In the result, the Award is passed in terms of

settlement arrived between both parties on 27-02-2020

and as per the joined memorandum of settlement, dated

27-02-2020 filed before this Court. No cost.

Dictated to Stenographer, transcribed by him,

corrected and pronounced by me in the Open Court on

this the 5th day of March, 2020.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

No. 1056/Lab./AIL/G/2008/695.

Puducherry, the 22nd July 2020.

ORDER

In exercise of the powers conferred under

sub-section (1) of section 3 and sub-section (2) of

section 5 of the Minimum Wages Act, 1948, read with the

notification issued vide G.O. Ms. No. 11/Lab./AIL/G/2017,

dated 29-06-2017, the undersigned hereby revise the

rates of Dearness Allowance for the employees

employed in “Tailoring Industries” in the Union territory

of Puducherry with effect from 01-01-2020 on the basis

of rise in the average consumer price index number

reaching 321 from 308 (Base year 2001 = 100) and

thereby resulting in an increase of 13 points calculated

on the basis of average indices of the Puducherry City

Consumer Price Index for the year 2019.

Accordingly, the Dearness Allowance payable to the

classes of employees employed in the employment of

Tailoring Industries in the

Union

territory of

Puducherry with effect from 01-01-2020 would be

` 900 per month.

E. VALLAVAN, I.A.S.,

Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

No. 999/Lab./AIL/G/2003/696.

Puducherry, the 22nd July 2020.

ORDER

In exercise of the powers conferred under

sub-section (1) of section 3 and sub-section (2) of

section 5 of the Minimum Wages Act, 1948, read with the

notification issued vide G.O. Ms. No. 07/AIL/Lab./G/2016,

dated 10-08-2016, the undersigned hereby revise the

rates of Dearness Allowance for the employees

employed in “Electronic Industries” in the Union

territory of Puducherry with effect from 01-01-2020 on

the basis of rise in the average consumer price index

number reaching 321 from 308 (Base year 2001 = 100)

and thereby resulting in an increase of 13 points

calculated on the basis of average indices of the

Puducherry City Consumer Price Index for the year 2019.

Accordingly, the Dearness Allowance payable to the

classes of employees employed in the employment of

Electronic Industries in the

Union

territory of

Puducherry with effect from 01-01-2020 would be

` 268 per month (cumulative).

E. VALLAVAN, I.A.S.,

Secretary to Government (Labour).