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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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29 {

No.

39

Poudouchéry

Mardi

29

Septembre

2020 (7 Asvina 1942)

No.

Puducherry

Tuesday

29th

September

2020



SOMMAIRES

CONTENTS



Page

Page

..

628

Sentence arbitral du travail

.. 628

Award of the Labour Court

.. 628

de tribunal.



..

631

Notifications du Gouvernement .. 631

Government Notifications .. 631



..

642

Avis de saisis-arrét

.. 642

Notice of attachment

.. 642



..

644

Avis d’ appel d’ offres

.. 644

Tender Notices

.. 644



..

644

Etablissements dangereux

.. 644

Dangerous Establishments

..

644



..

645

Annonces

.. 645

Announcements

..

645

628

LA GAZETTE DE L’ETAT

[29 September 2020

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 87/AIL/Lab./T/2020,

Puducherry, dated 16th July 2020)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 39/2017 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 G. Kumaravel, Karaikal, over re-instatement has

been received;

Now, therefore, in exercise of the powers conferred

by subsection (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.

Thursday, the 5th day of March 2020.

I.D. (L) No. 39/2017

G. Kumaravel, s/o. Gunasekaran,

No. 62, Karudapalaiya Theru,

T.R. Pattinam, Karaikal.

. . Petitioner

Versus

The Managing Director,

M/s. Jayaprakash Narayanan

Co-operative Spinning Mill,

Keezhamanai, Meladuthurai,

Neravy, Karaikal.

. . Respondent

This Industrial Dispute coming on this day

before me for final hearing in the presence of

Thiru Ilangokrishnamoorthy, Counsel for the petitioner

and Thiruvalargal S. Sankaralingam and P. Djeasilane,

Counsels for the respondent, upon hearing, upon

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. 99/

AIL/Lab./T/2017, dated 28-06-2017 for adjudicating the

following:-

(a) Whether

t h e

d i s p u t e

r a i s e d

b y

Thiru G. Kumaravel, Karaikal, against the management

of M/s. Jayaprakash Narayanan Co-operative Spinning

Mill, Karaikal, over reinstatement 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. Brief of the claim petition:

The petitioner was employed as apprentice on

18-12-2003 and thereafter, he was made permanent

01-07-2012. On 20-08-2014 the respondent/management

has suspended the petitioner with false allegation

that he was continuously absent without filing any

leave application and it has issued the charge-sheet,

dated 11-09-2014, for which this petitioner has given

his reply on 15-09-2014. Thereafter, there was no

response from the respondent/management. In the

meanwhile, this petitioner received a communication,

dated 02-02-2015 from Advocate C. Balasubramanian,

Thirunallar, directing him to attend the enquiry on

15-02-2016. This petitioner appeared before the

Enquiry Officer and stated that the management has

to refer the matter for arbitration under section 10 (A)

of Industrial Dispute Act. The Enquiry Officer had not

let his ears to the representation made by this petitioner

and he failed to record the objection to the continuation

of enquiry. However, this petitioner attended the

enquiry proceedings with protest. The Enquiry Officer

has not conducted the enquiry in a free and fair manner.

The Enquiry Officer has not given chances to this

petitioner for cross-examination of the witnesses and

he has failed to record the objection raised by this

petitioner. Further, the Enquiry Officer has conducted

the enquiry in an eye washed manner and he compelled

this petitioner to admit the charges. Thereafter, the

enquiry proceedings were kept in abeyance by the

Enquiry Officer. In the mean time, the respondent

management issued a letter, dated 20-05-2016 to this

petitioner and directed this petitioner to produce the

Medical Certificate. This petitioner has given his reply

on 27-05-2016 with Medical Certificate and seeks

extension of leave to him. Further, the respondent/

management issued a letter, dated 04-06-2016 and

directed him to join duty within 7 days. It has not

considered the request of this petitioner to extend his

leave. He reported to duty on 10-06-2016 in obedience

629

29 September 2020]

LA GAZETTE DE L’ETAT

to the direction given by the respondent/management

and he was not permitted to the working spot and

he was forced to tender an unconditional apology

letter. This petitioner refused to do the same. The

respondent/management forced this petitioner to

give such apology letter, in order to treat the

suspension period from 20-08-2014 to 10-06-2016 as a

punishment for the charges of absence leveled

against him. The Enquiry Officer has not given the

list of documents and witness list marked on the side

of the respondent/management and he has not

obtained the signatures on the day

to day

proceedings of the enquiry. The Enquiry Officer has

not furnished the enquiry report to this petitioner and

he has acted in biased manner. The enquiry

conducted by the Enquiry Officer was unfair and

unjust and therefore, the punishment order, dated

28-07-2016 was also unjust and mala fide. It is not

based on the enquiry report nor on any other charges

fixed by the management. The respondent/management

has failed to issue second show cause notice before

awarding punishment order, dated 28-07-2016.

Therefore, this petitioner approached the Conciliation

Officer on 29-09-2016. The conciliation proceedings

were also ended in failure on 30-05-2017 vide its

failure report. Hence, this petition has to be allowed

and the respondent/management has to be directed

to pay a sum of ` 2,00,000 as damage. Further,

it may be directed to reinstate this petitioner into

service with the back wages and all other monetary

benefits.

3. Brief of the counter:

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 during

the year 2012. The petitioner was always a chronic

absentee and he was absent for so many days

without prior permission, right from the joining of the

duty in the respondent/management. He was always

negligent and indiscipline in his work and the

following memos/warnings were issued to him.

Sl.

Date

Ref.

Details of Misconduct

No.

No.

and Action Taken

(1)

(2)

(3)

(4)

1

15-03-2007

26

1st memo for unauthorized

absence for duty for 9 days in

February-2007.

2

17-05-2007

26

2nd memo for unauthorized

absence for duty for 19 days in

March-2007.

3

17-05-2007

26 3rd memo for unauthorized

absence for duty for 13 days in

April-2007.

4

09-07-2007

26 Warning notice No. l for

unauthorized absence for duty

for 18 days in May-2007.

5

01-09-2007

26 Warning notice No. 2 for

unauthorized absence for duty

for 19 days in July-2007.

6

11-10-2007

26 Warning notice No. 3 for

unauthorized absence for duty

for 18 days in August-2007.

7

11-03-2014 1411 Warning notice for negligence in

work on 08-03-2014.

8

04-04-2014

98 Memo for unauthorized absence

for duty for

10 days in

March-2014.

9

13-05-2014

548 Show

cause

notice

for

unauthorized absence for duty

for 15 days in April-2014,

10

28-06-2014 1209 Warning memo for unauthorized

absence for duty for 21 days in

May-2014.

11

19-08-2014 1655 Order

of

suspension

for

unauthorized absence for duty in

the year 2014.

12

11-09-2014 1840 Charge-sheet

for

willful

unauthorized absence from duty.

(ii) The allegation of non compliance of section

10 (A) of Industrial Dispute Act is not at all relevant

to this case. The respondent/management has issued

charge-sheet, dated 11-09-2014 for his long absence.

For which this petitioner has filed his reply on

15-09-2014 wherein, he has stated that he was

suffering from various ailments and he had been

medically advised that, he was unsuitable to spinning

mill work. However, he has not produced any

supporting Medical Certificates in favour of his

explanation. Thereafter, this petitioner approached

the Conciliation Officer, Karaikal on 20-11-2014,

wherein, he has admitted his various spells of

unauthorized absence from duty in the year 2014.

The respondent/management also filed its reply on

04-12-2014, wherein, also the respondent/management

has stated that it is ready to give duty to this petitioner,

if he produce, necessary Medical Fitness Certificate.

In spite of that offer, this petitioner failed to produce

the same and continuously remained as absent

(1)

(2)

(3)

(4)

630

LA GAZETTE DE L’ETAT

[29 September 2020

without filing any leave letter. His absence was

unauthorized and wantonly. Therefore, the respondent

management appointed the Enquiry Officer to conduct

Domestic Enquiry regarding his unauthorized absence.

This petitioner appeared before the Enquiry Officer

on 15-02-2016 and at his request the proceedings were

adjourned to 15-03-2016 and 09-05-2016. The enquiry

proceedings were adjourned at his request as a measure

of giving a fair opportunity to this petitioner.

Even during the enquiry proceedings also this

petitioner failed to produce his Fitness Certificates

and Medical Certificate. In the meanwhile, the petitioner

has sent a letter, dated 10-03-2016 with a copy of

Medical Certificate issued by the Private Medical

Officer and thereby, seeks leave for treatment up to

the end of year for his abdominal pain and ulcer.

Further, he has sent an another letter on 11-05-2016

stating that he was advised to take treatment for more

than 3 months by his Medical Officer and thereby,

seeks leave for 3 months. With that leave letter also he

has not enclosed any Medical Certificate. Furthermore,

in the abovesaid leave application, he has falsely

stated that he attended the enquiry proceedings on

15-03-2016 and 09-05-2016. Thereafter, this respondent/

management sent another letter on 20-05-2016 and

directed him to produce the Medical Certificate in

support of his leave application. For which this

petitioner sent reply on 27-05-2016, without any

Medical Certificate. Thereafter, again the respondent/

management sent another letter on 04-06-2016 to

produce the Medical Documents about his ill-health.

In response to the letter, dated 04-06-2016 by the

management, the petitioner appeared in person on

10-06-2016 to the time office of the mill, near the

entrance of the mill and informed that he had come

to attend duty in the morning shift and so he has to

be allowed to work and he would attend his duty

without any leave in future. But, he left abruptly

without attending the shift duty on that day and on

the following days also and thereby, he remained

absent continuously unathorisedly. Therefore, this

respondent/management again sent another letter on

22-06-2016 and advised this petitioner to report duty

within 3 days failing which it would remove the name

of the petitioner in the muster role as per the standing

order of the mill. However, he failed to report duty

and he failed to produce the Medical Certificate as

demanded by the respondent/management. Again on

11-07-2016 the respondent/management has given

a final notice and directed him to report duty within

3 days. Even then, this petitioner failed to give any

response to the abovesaid final notice. Hence, the

respondent/management has removed the name of

the petitioner from muster role on 28-07-2016 and it

was also intimated to this petitioner. This petitioner was

irregular and absent to duty from the year 2014 itself.

The respondent/management has given repeated

request letters to the petitioner to attend duty on various

dates such as 04-04-2014, 28-06-2014, 19-08-2014,

11-09-2014, 20-05-2016, 04-06-2016, 22-06-2016

and 11-07-2016. Since, the petitioner failed to produce

the Medical Certificate to regularize his long absence,

the respondent/management has finally dismissed

this petitioner. Therefore, the grounds raised by this

petitioner in the claim petition are nothing, but, utter

lie and therefore, it has to be dismissed with cost.

4. On perusal of records, it is found that 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 represented that the

award may be passed in terms of settlement arrived

between them on 27-02-2020. To that effect they have

filed the Joint 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

relieve 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.

631

29 September 2020]

LA GAZETTE DE L’ETAT

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 ended 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

DIRECTORATE OF SCHOOL EDUCATION

NO. 04021/DSE/Estt.-IV/C/2019.

Puducherry, the 2nd September 2020.

ORDER

Sub.

: DSE-Estt.-IV-Thiru S. Stalin Rabindranath,

Secondary Grade Teacher (redesignated

as Primary School Teacher), GPS,

Murungapakkampet, Puducherry-Final

orders for deemed resignation-issued.

Ref.

: (1)

Office Order No. 7870/DDE(W)/

Estt./E.6/92/2332, dated 27-05-1992

o f t h e D e p u t y D i r e c t o r o f

Education(Women), Puducherry.

(2)

Letter, dated 12-08-2015, 29-03-2018

and 21-03-2019 of Thiru S. Stalin

Rabindranath, Secondary Grade

Teacher (redesignated as Primary

S c h o o l T e a c h e r ) ,

GPS,

Murungapakkampet, Puducherry.

Whereas, Thiru S. Stalin Rabindranath while working

as Secondary Grade Teacher (now re-designated as

Primary School Teacher) in GPS, Murungapakkampet,

Puducherry, was granted Extraordinary Leave for one

year from 01-06-1992 to 31-05-1993 without Medical

Certificate, for his visit to France, with instruction to

report for duty on or before 01-06-1993 failing which it

will be presumed that he has resigned his job with effect

from 01-06-1993 as per the undertaking given by him;

And whereas, Thiru S. Stalin Rabindranath did not

join duty, and therefore a show cause notice was issued

to him by the Deputy Director of Education (Women),

Puducherry vide No.7870/ DDE(W)/ Estt./E4/95/354, dated

22-05-1995, inter alia, seeking his explanation for not

joining duty;

And whereas, in reply to the abovesaid letter,

Thiru S. Stalin Rabindranath had submitted a letter,

dated 26-06-1995 to the Depuy Director of Education

(Women), Puducherry from France requesting for

extension of EOL till end of the academic year 1995-96

citing poor health condition of his wife. However, he

did not care to join duty all along. After a lapse

(unauthorized absence from duty) of more than 25 years

i.e., on the verge of attaining the age of 60 years, he

tried to take advantage of the situation by offering to

join duty;

And

whereas, Thiru S. Stalin Rabindranath,

subsequently filed O.A. No. 310/00040/2019 in the

Hon’ble CAT, Madras Bench. The Hon’ble CAT,

disposed the O.A on 28-01-2019 with the direction “To

consider the representations of the applicant vide letter,

dated 12-08-2015 and 29-03-2018 in accordance with law

and pass a reasoned and Speaking Order within a period

of three months from the date of receipt of copy of this

order”;

And whereas, in compliance with the orders, dated

28-01-2019 of the Hon’ble CAT, Madras Bench, a

Speaking Order rejecting his request was issued vide

No. 04021/DSE/Estt.-IV/C/2019, dated 04-09-2019 in the

light of the extant legal provisions and rules in force.

And whereas, Rule 12 of the CCS (Leave) Rules,

1972, stipulates inter alia that no Government Servant

shall be granted leave of any kind for a continuous

period exceeding five years. Further, it states that a

Government Servant who remains absent from duty for

a continuous period exceeding five years other than on

foreign service, with or without leave, shall be deemed

to have resigned from the Government Service;

And whereas, Thiru S. Stalin Rabindranath was on

unauthorized absence from 01-06-1993 till the date of

attaining the age of 60 years (i.e., on 31-03-2019); he

has deserted Government Service;

Now, therefore, the Lieutenant-Governor is pleased

to order that Thiru S. Stalin Rabindranath, Secondary

Grade Teacher (now redesignated as Prirmary School

Teacher) in GPS, Murungapakkampet, Puducherry,

is deemed to have resigned from Government Service

with effect from the forenoon of 01-06-1993. He shall

not be entitled for any payment from the Government.

(By order of the Lieutenant-Governor)

P. T. RUDRA GOUD,

Joint Secretary to Government

(School Education).