Amflºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

∂]ÔV´D ÿ√u≈ ÿkπX|

Publiée par Autorité

Published by Authority

ÿ√VÚ·¶¬ÔD

SOMMAIRES

CONTENTS

√¬ÔD

Page

Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ ..

202

Sentence arbitral du travail

.. 202

Award of the Labour Court

.. 202

de tribunal.

∂´∑ ∂§s¬ÁÔÔ^

..

207

Notifications du Gouvernement

.. 207

Government Notifications

.. 207

∞È ∂§s©Ad

..

209

Vente publique

.. 209

Auction Notice

.. 209

g√›>V™ WÆk™∫Ô^

..

211

Etablissements dangereux

.. 211

Dangerous Establishments

..

211

ƒVu≈§¬ÁÔÔ^

..

212

Annonces

.. 212

Announcements

..

212

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

[ 201 ]

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Amflºƒˆ

ÿƒÀkVF¬˛wÁ\

2021 }

º\ |

25 {

No.

21

Poudouchéry

Mardi

25

Mai

2021 (4 Jyaistha 1943)

No.

Puducherry

Tuesday

25th

May

2021

202

LA GAZETTE DE L’ETAT

[25 May 2021

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 36/AIL/Lab./T/2021,

Puducherry, dated 3rd May 2021)

NOTIFICATION

Whereas, an Award in I.D (L) No. 29/2014, dated

04-03-2021 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the Industrial Dispute

between the management of M/s. Immaculate Heart of

Mary Girls’ Higher Secondary School, Puducherry and

Tmt. Yesurani, Puducherry, 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 23-05-1991, it is hereby directed

by the Secretary to Government (Labour) that the said

Award shall be published in the Official Gazette,

Puducherry.

(By order)

D. MOHAN KUMAR,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

Present : Thiru P. DHANABAL, B.Sc., B.L.,

Presiding Officer (FAC).

Thursday, the 4th day of March, 2021.

I.D. (L) No. 29/2014

Tmt. Yesurani,

W/o. Lourdessamy (late),

No. 53, Second Cement Street,

Poiyakulam, Vinoba Nagar,

Lawspet Post,

Puducherry.

. . Petitioner

Versus

The Principal,

Immaculate Heart of Mary Girls’

Higher Secondary School,

Puducherry.

. . Respondent

This industrial dispute coming on 17-02-2021 before

me for final hearing in the presence of Thiru J. Cyril

Mathias Vincent, Counsel for the petitioner and

M/s. Law Solvers, Counsel 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. 77/

AIL/Lab./J/2014, dated 02-05-2014 for adjudicating the

following:-

(a) Whether the dispute raised by Tmt. Yesurani

against the management of M/s. Immaculate Heart of

Mary Girls’ Higher Secondary School, Puducherry,

over her non-employment is justified or not? If

justified, what relief she is entitled to?

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

of money if, it can be so computed?

2. The averments in the claim statement of the

petitioner, in brief, are as follows:

The petitioner was employed as a non-teaching

staff (Ayya) on 01-06-2003 with an initial salary of

` 1,200 and in December 2011, the petitioner was paid

` 5,100 per month as wages inclusive of bonus. The

petitioner has been carrying out her duties assigned

to her without any blemish and to the satisfaction

of her superiors. While so, 04-01-2012, the petitioner

was orally informed by the respondent that she need

not work from the next day and no reason was

assigned for her termination despite her pleas. That

on 06-01-2012, she submitted a written representation

pleading the respondent to permit her to resume her

work as “Ayya” since with the wages she was naming

as an “Ayya” was the only source of income

supporting her children and as a widow she had no

other source of income. The petitioner further

pleaded that the respondent to let her know the

reasons for stopping her from her work. Subsequent

to her letter, dated 06-01-2012, the respondent herein

issued order bearing No. 601/IHMGHSS/2011-2012,

dated 03-01-2012 on 14-01-2012 at 13.00 hours. The

petitioner requested the respondent herein to furnish

her with an attested true copy of the materials (1) to

(4) referred to in the order bearing No. 601/

IHMGHSS/2011-2012, dated 03-01-2012 to enable the

petitioner to give a comprehensive reply to the order.

The petitioner also pointed out that the order has

been posted after receiving her letter, dated

06-01-2012 and that she had been terminated without

any notice and contrary to principles of natural

justice. The petitioner came to know only on

27-01-2012 about the respondent’s allegation that the

impugned termination was after an alleged enquiry,

conducted behind her back. The petitioner further

submits that no show cause notice was issued to her

either in person or through registered post and the

petitioner had no knowledge of any show cause

203

25 May 2021]

LA GAZETTE DE L’ETAT

notice, charge-sheet, appointment of the alleged

Enquiry Officer and the alleged enquiry. The

petitioner came to know about the show cause notice,

charge-sheet and the appointment of the Enquiry

Officer as well as the proceedings of the Enquiry

Officer only after 27-01-2012, after the impugned oral

termination. The non-employment of the petitioner

by the respondent is illegal, contrary to law and the

principles of natural justice were not fallowed prior

to the impugned termination and the petitioner is

without employment and salary from January 2012

and the petitioner is entitled for her employment with

back wages and other allowances. Hence, the

petitioner prays to pass an Award in favour of her

and against the respondent by reinstating the

petitioner in her employment with full back wages

from January 2012 till the date of resuming her work.

3. The brief averments in the counter filed by the

respondent are as follows:

The respondent management denies all the

allegations contained in the claim statement filed in

support of the claim for reinstatement with full back

wages and other benefits and put the petitioner

Union to strict proof of the same. The petitioner was

initially appointed as Ayah with effect from

01-06-2003 and the petitioner was conduct was not

at all satisfactory ab initio and she was insubordinate

with the superiors and was non- co-operative and

quarrelsome with the colleagues. Thereafter, she was

removed from service in October 2007 and the

petitioner had pleaded for mercy and the respondent

management reappointed on compassionate grounds

on 01-06-2008, There was however no improvement

in the petitioner’s behaviour and she continued to

indulge in acts of insubordination and quarrels with

co-workers and riotous behaviour with the colleagues

and students. The petitioner was served with an

memorandum of charges on 19-09-2011, granting ten

days time to submit written statement of defence for

certain alleged grave and serious acts of omissions

and commissions. The respondent management

charge-sheeted the petitioner for four articles of

charge and the charges are accompanied by a

statement of imputations in respect of each article

of charge and also lists of documents and witnesses

proposed to be relied upon to substantiate charges.

The petitioner did not however submit any written

statement of defence to the charges. Thereafter, the

respondent management appointed Tmt. J. Marie

Anna Dayavathi, Advocate as the enquiring authority

to go into the charges levelled against the petitioner

by an order, dated 11-10-2011 and the said order was

also communicated to the petitioner.

(ii) The respondent further submits that the

enquiry was conducted on different dates. The

petitioner did not participate throughout the enquiry

proceedings and the petitioner was set ex parte by

the enquiry authority and the enquiring authority

proceeded with the enquiry and after recording

evidence from the witnesses and perusing the records

and the documents, the enquiry authority submitted

a report on the basis of evidence holding that all the

articles of charge as proved vide enquiry report,

dated 02-12-2011 to the respondent management.

Thereafter, the respondent management by a

proceeding, dated 12-12-2011 provisionally decided

to impose on the petitioner, the penalty of dismissal

from

service.

The

respondent

management

communicated in the said proceedings, dated

12-12-2011 to make a representation against the

findings in the enquiry report and the provisional

penalty of dismissal from service.

(iii) The respondent respectfully submits that the

aforesaid communication was also refused by the

petitioner. The respondent management subsequently

affixed the aforesaid memorandum, dated 02-12-2011

in the School notice-board. Even then no reply was

received from the petitioner. The respondent

management considered the enquiry report carefully

and also past records of the petitioner and found

that the petitioner conduct has always been against

the disciplinary rules of the School. As the charges

framed against the petitioner was proved and the

petitioner was causing mental agony to her

colleagues and was disturbing the peaceful

atmosphere in the School, the decision already taken

was communicated to the petitioner in the

memorandum, dated 12-12-2011 was made absolute

and the petitioner was dismissed from service with

effect from 03-01-2012.

(iv) The respondent further submit that the

petitioner thereafter, by a letter, dated 06-01-2012

wrote to the Principal of the School and then

petitioner came up with another letter, dated

18-01-2012 asking for a copy of the dismissal order

03-01-2012 and a reply, dated 24-01-2012 was sent to

the petitioner furnishing all the information and

explaining circumstances under which the petitioner

service was terminated and the said communication

was acknowledged by the petitioner by registered

post and the petitioner sent a Lawyer notice, dated

04-06-2013 issued through her Counsel Mr. J. Cyril

Mathias Vincent and the said notice was duly replied

by respondent’s Counsel on 12-07-2013 and it is at

this stage the petitioner had raised an industrial

dispute over her non-employment.

204

LA GAZETTE DE L’ETAT

[25 May 2021

(v) There is nothing illegal or inconsistent in the

proceeding and the respondent management was

justified in imposing the penalty of dismissal from

service on the petitioner and hence, the respondent

management prays to dismiss the claim petition and

pass an Award holding that the claim of the petitioner

for reinstatement is not justified.

4. After receipt of referral order from the Government,

the matter this Court has issued notice to the both sides

and then the petitioner has filed the claim application.

The respondent has also filed counter. During the

course of enquiry, on the side of the petitioner PW1 was

examined Ex.P1 to Ex.P7 were marked. On the side of the

respondent RW1 to RW4 examined Ex.R1 to R35 have

been marked. Upon perusing the pleadings and

documents and hearing both sides.

5. The points for consideration are:

(1) Whether the dispute raised by the petitioner

against, the respondent management over her non-

employment is justified or not?

(2) If justified, what is the relief entitled to the

petitioner?

6. Heard both sides and perused the records, both

side have filed written arguments and also perused.

7. On Points 1 and 2;

The petitioner contention is that she was

employed as non-teaching staff (Ayya) on 01-06-2003

with an initial salary of ` 1,200 in the respondent

School. Thereafter, in the month of December 2011

her salary was hiked and was paid ` 5,100 per

month. The petitioner was carrying out her duties

assigned to her without any blemish and to the

satisfaction of her superiors. While so, on 04-01-2012

the petitioner was orally informed by the respondent

that she did not come to work from the next day. No

reason was assigned for her termination despite her

pleas. On 06-01-2012, the petitioner submitted the

written representation pleading the respondent to

permit her to resume her work but, subsequent to

letter, dated 06-01-2012, the respondent has issued

order, dated 03-01-2012 on 14-01-2012. The petitioner

has not been served any notice and she has been

terminated without any notice and same is contrary

to the principles of natural justice. Subsequently, the

petitioner came to know on 27-01-2012 about the

respondent allegation that impugned termination was

after an alleged enquiry conducted behind her back.

The petitioner never issued any show cause notice,

charge-sheet, appointment of Enquiry Officer as well

as the proceedings of Enquiry Officer. The termination

is not in accordance with law therefore, the petitioner

is entitled to reinstatement in her employment with

full back wages from January 2012 till the date of

resuming her work.

8. The respondent contention is that the petitioner

was initially appointed as Ayya with effect from

01-06-2013, but, her conduct was not at all satisfactory

ab initio and she was insubordinate with the superiors

and was not cooperated and quarrelsome with the

colleagues. Thereafter, she was removed from service

in October 2007 and again she was reinstated on

01-06-2008. However, no improvement in the petitioner’s

behavior and again she continued to indulge in acts of

insubordination and quarrels with co-workers hence, the

petitioner was served with a memorandum of charges on

19-09-2011 granting 10 days time to submit written

statement her defence. The petitioner did not submit

any written statement of defence to the charges.

Thereafter, the respondent management appointed

Tmt. J. Marie Anna Dayavathi, Advocate as the enquiring

authority by order, dated 11-10-2011 and the same was

also communicated to the petitioner. The petitioner did

not participate throughout the enquiry proceedings and

she was set ex parte. The Enquiry Officer filed a report

holding that charges were proved against the petitioner

wide enquiry report, dated 02-12-2011. Thereafter, the

respondent management decided to penalty of dismissal

of service to the petitioner by proceeding, dated

12-12-2011. The said dismissal order also served to the

petitioner along with enquiry report and the said

communication was refused by the petitioner and the

same was affixed in the notice-board. Thereafter, the

petitioner was dismissed from service with effect from

03-01-2012. Thereafter, on 06-01-2012 wrote letter to the

School Principal stating that on 04-01-2012 orally told

not to come for work from the next date and thereafter

she received letter on 24-01-2012. Therefore, the

petitioner is not entitled any relief and the same is liable

to be dismissed.

9. In this case, there is no dispute with regard to

relationship of employer and employee and termination

of petitioner also admitted, the only contention of the

petitioner is that no notice served to her and no

opportunity given her to participate in the enquiry

proceedings. In order to prove the contention of the

claim, the petitioner herself has been examined as PW1

and marked Ex.P1 to Ex.P7 and she also narrated all the

things and she filed chief Affidavit by stating the facts

narrated in the claim application. The main contention

of the petitioner is that notice was not served to her

and no opportunity was given to putforth the defence

in the enquiry proceedings. But, at the same time, the

respondent has examined RW1 to RW4 and marked Ex.R1

205

25 May 2021]

LA GAZETTE DE L’ETAT

to Ex.R35. Once the respondent admit that the petitioner

was working in the respondent Institution and she was

removed from service, it is duty of the respondent to

prove that notice was served to the petitioner. In order

to prove the same there is no any proof. Further, the

respondent themselves admitted that notice was not

served on the petitioner due to her refusal. If so, the

respondent has to prove that notice was served to

petitioner and she refused. In this context the RW1 in

her cross-examination stated that “\–>V´Ï ∞∑´VË

®[√kÚÁ¶B zΩlÚ©A xÔkˆ sÈVƒD ®™¬z

ÿ>ˆBVm.

10-09-2011

º>]l‚¶

z§©√VÁðl_

\–>V´Ú¬z ƒVÏA g™m ®[√Á> ÔV‚¶ ∂>uz§B

ΩA>_

∂‚Á¶

®m°D

÷Õ>

kw¬˛_

>V¬Ô_

ÿƒFB©√¶s_ÁÈ

®[≈V_

ƒˆ>V[.

∂mº√VȺk

®\>ƒVg.14g™

sƒV´Áð

∂]ÔVˆ

ÿÔV|›>

∂§¬ÁÔl[ ÂÔ_ \–>V´Ú¬z ƒVÏA ÿƒFB©√‚|^·m

®[√Á> ÔV‚¶ Œ©A>_ ∂‚Á¶ºBV ∂_Èm ÷>´

ÿ√uƬÿÔVı¶>uÔV™

gkð∫ÔÁ·ºBV

>V¬Ô_

ÿƒFBs_ÁÈ ®[≈V_ ƒˆ>V[. ®\>ƒVg.15g™ s·¬ÔD

ºÔVÚD z§©√VÁð \–>V´Ú¬z ƒVÏA g˛•^·m

®[√Á>

ÔV‚¶

gkð∫Ô^

®Á>•D

>V¬Ô_

ÿƒFBs_ÁÈ ®[≈V_ ƒˆ>V[.

10. Further, the same that RW1 during the course of

cross-examination stated that “√Ë ¿¬Ô c›>´° ®Õ>

º>]l_ \–>V´Ú¬z ƒVÏA g™m ®[Æ ÿ>ˆ•\V

®[≈V_ ®™¬z ÿ>ˆBVm. \–>V´ˆ[ √Ë ¿¬Ô c›>´°

®Õ> xÁ≈l_ ∂kÚ¬z ƒVÏA ÿƒFB©√‚¶m ®[≈V_

®™¬z ÿ>§BVm. Therefore, from the evidence of RW1

reveals that RW1 has no knowledge as to whether

notice was served to the petitioner and no documents

filed to show the notice were served to the petitioner

regarding the enquiry and removing from service. In

order to substantiate the contention of the respondent

they have also examined RW2 and RW3 who were staff

and Teacher of the respondent’s School and they

deposed about the quarrel nature of the petitioner. But,

they have not stated about the service of notice to the

petitioner regarding enquiry and termination of service.

The main contention of the petitioner is that without

serving notice to the petitioner, the enquiry was

conducted and without any reason, she was terminated

from the service, but, the respondent have raised

allegations against the petitioner. While so, the

respondent have to prove the service of notice and the

opportunity given to the petitioner for defending her

defence. But, there is no sufficient evidence adduced

to prove the contention of the respondent.

11. Further, on the side of the respondent RW4 was

also examined and marked some documents. The

documents 34 and 35 are the unserved return covers in

the name of the petitioner, but, the said notices were

sent to the School address in the name of petitioner

as sanitary worker. But, the said covers were returned

as refused on 19-10-2011 and 04-11-2011, respectively.

Further, the RW4 during the cross-examination stated

that “®\>ƒVg.29 x>_ ®\>ƒVg33 kÁ´•^· AÔVÏ

ÔΩ>∫Ô^ ∂Á™›mº\ ÂV[ º�√Ω WÏkVÔ›]_

x>_k´VÔ √ËBVu§B ÔVÈÔ‚¶›]_ kw∫Ô©√‚¶Ák>V[.

∂Õ>

AÔVÏ

ÔΩ>∫Ôπ[

ÂÔ_Ô^

\–>V´Ú¬z

kw∫Ôs_ÁÈ ®[≈V_ ÷_ÁÈ. ÂV[ ÿÔV|›> charge

memoáÁk ®Õ> xÔkˆ¬z ∂–©∏ Ák›º>[ ®[≈V_

xÔkˆ

®™¬z

ÿ>ˆBs_ÁÈ.

ÂV[

ÿÔV|›>VÔ

ÿƒV_È©√|D ®\>ƒVg13áM_ \–>V´ˆ[ T‚| xÔkˆ

÷_ÁÈ ®[≈V_ ƒˆ>V[. ÂV[ \–>V´Ú¬z charge

memoáÁk ºÂ´ΩBVÔ ÿÔV|›º>[ ®[√>uzD \–>V´Ï

∂>Á™ ÿ√uƬÿÔV^· \Æ›ms‚¶VÏ ®[√>uzD

∞º>–D g>V´D >V¬Ô_ ÿƒFBs_ÁÈ ®[≈V_ g>V´D

÷_ÁÈ. \–>V´Ï 19-09-2011 º>]l‚¶

charge

memoáÁk \–>V´Ï ÿ√uƬÿÔVı¶VÏ ®[√>uz

g>V´›Á> ¿]\[≈›]_ >V¬Ô_ ÿƒFBs_ÁÈ ®[≈V_

®™¬z ÿ>ˆBs_ÁÈ. Therefore, from the evidence of

RW4 it reveals that no notice sent to the residential

address of the petitioner and no documents filed by the

respondent to prove that the charge memo was served

to the petitioner and the enquiry proceedings were,

intimated to the petitioner.

12. Further, during the cross-examination of RW4

also admitted that “\–>V´Ú¬z ®]´VÔ sƒV´Áð

∂]ÔVˆBV™ kw¬Ô§QÏ >BVk] ®[√k´V_ ∂–©√©√‚¶

sƒV´Áð

∂§¬ÁÔl[

ÂÔÁÈ

\–>V´Ú¬z

kw∫Ôs_ÁÈ ®[≈V_ ®™¬z QV√Ôt_ÁÈ. ÂV[

>V¬Ô_ ÿƒFm^· x>_ sƒV´Áð kV¬z JÈ›]_, ®Õ>

º>]l_

sƒV´Áð

∂]ÔVˆl[

∂§¬ÁÔÁB

\–>V´Ú¬z

kw∫˛º™VD

®[Æ

z§©∏‚|fl

ÿƒV_Ès_ÁÈ ®[≈V_ ƒˆ>V[. sƒV´Áð ∂]ÔVˆl[

∂§¬ÁÔl[ ∂Ω©√Á¶l_ \–>V´ˆ¶D s·¬ÔD

ºÔ‚¶>VÔ ®™m x>_ sƒV´Áð ƒV‚EB›]_ ∞º>–D

ÿƒV_olÚ¬˛º≈™V ®[≈V_ ÿƒV_Ès_ÁÈ. 1212-2011

º>]l‚¶ ¶kΩ¬ÁÔÁB \–>V´Ú¬z ®Õ> º>]l_

∂–©∏ Ák›º>VD ®[Æ ®™m x>_ sƒV´Áð

ƒV‚EB›]_

ÔVð©√¶s_ÁÈ

®[≈V_

ƒˆ>V[.

Therefore, from the evidence of RW4 reveals that no

evidence to show that the copy of order of enquiry

authority was served to the petitioner. Further, there is

no documents to show the serving of the notice to the

residential address of petitioner. Per contra Ex.R34 and

Ex.35 were served to the School address. The respondent

admitted that the notice was not served to petitioner

due to her refusal, but, no evidence to prove that the

notice was served to petitioner either through postal

or through messenger. Even the petitioner refused to

receive the notice the respondent could sent notice

through postal or through staff, but, no evidence

adduced by the respondent to that effect. Even as per

Ex.34 and Ex.35 the petitioner refused to receive

206

LA GAZETTE DE L’ETAT

[25 May 2021

the notice, but, no evidence as to whether the particular

dates the petitioner was present in the School. The

respondent could very well to produce the attendance

of the petitioner but, not done so. Further, on perusal

of Ex.R11 letter, it reveals that the copies of complaints

were not enclosed and no proof for service of that letter

to petitioner. Even as per Ex.R13 no enclosures for

annexures documents and no proof to show that the

said charge was served to the petitioner. Even as per

Ex.R33 termination order, dated 03-01-2012 was placed

in the notice-board, but, the said termination order has

not been produced before this Court by either parties.

13. Therefore, from the abovesaid evidence and

documents it is clear that no notice served to the

petitioner regarding charges, enquiry report and the

termination order and thereby principles of natural

justice were not followed prior to impugned termination.

Therefore, it is appropriate to hold that the Industrial

Dispute raised by the petitioner against the respondent

management over her non-employment is justified and

the petitioner is entitled for reinstatement as claimed for

in the claim petition, since, this Court has already

decided in the previous paras that industrial dispute

raised by the petitioner against the respondent

management over non- employment is justified. At this

juncture, it is appropriate to decide that whether the

petitioner is entitled for backwages as claimed by her.

On careful perusal of documents and the evidence of

PW1 as RW1 and RW4 they reveal that already

disciplinary action was taken and the petitioner was

suspended from service and once again she was

reinstated. The PW1 also in his cross-examination

admitted that in the month of October 2007 she was

removed from service and again gave requisition on

01-06-2008 for reinstate. The petitioner in her evidence

stated that she was depending upon the income of her

employment and due to non-employment, she suffered

lot due to her termination. Further, there is no evidence

that the petitioner has been working in any other place

and earning through other employment. Therefore,

considering the abovesaid circumstances this Court

decided that the petitioner is entitled to 50% of

backwages with continuity of service and other

attendant benefits. Thus, the points 1 and 2 are

answered.

14. In the result, this petition is allowed by holding

that the Industrial Dispute raised by the petitioner

against the respondent management over her

non-employment is justified by declaring the termination

of service of the petitioner from the respondent

institution is illegal and Award is passed by directing

the respondent institution to reinstate the petitioner in

service within one month from the date of this order and

further directed the respondent institution to pay 50%

back wages from the date of termination till date on

reinstatement with continuity of service and other

attendant benefits. No costs.

Dictated to Stenographer, transcribed by him,

corrected and pronounced by me in the open Court on

this the 4th day of March, 2021.

P. DHANABAL,

Presiding Officer (FAC),

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW1

— 02-04-2018 Yesurani

List of petitioner’s exhibits:

Ex.P1

— 06-01-2012 Letter from the petitioner to

the respondent.

Ex.P2

— 14-01-2012 Acknowledgment Card.

Ex.P3

— 18-01-2012 Letter from the petitioner to

the respondent.

Ex.P4

— 08-02-2012 Letter from the petitioner to

the respondent.

Ex.P5

— 10-02-2012 Acknowledgment Card.

Ex.P6

— 24-09-2013 Letter from the petitioner

to the Labour Officer

(Conciliation).

Ex.P7

— 18-12-2013 Letter from the petitioner to

the

Labour

Officer

(Conciliation).

List of respondent’s witnesses:

RW1

— 11-11-2019 SR. Amalorpavam

RW2

— 08-01-2020 Marthal

RW3

— 10-01-2020 Lilly

RW4

— 10-01-2020 Joesphine Selvarani

List of respondent’s exhibits:

Ex.R1

— 01-06-2003 Copy of the Memorandum

by the respondent to the

petitioner. (Appointment

Order)

Ex.R2

— 02-07-2004 Copy of the letter from

Mrs.

Yesurani

to

the

respondent.

Ex.R3

— 31-07-2004 Copy of the letter from

Mrs.

Yesurani

to

the

respondent.

Ex.R4

— 14-12-2004 Copy of Suspension order

by the respondent to the

petitioner.

207

25 May 2021]

LA GAZETTE DE L’ETAT

Ex.R5

— 06-01-2005 Copy of letter from Superior

to the Principal.

Ex.R6

— 11-12-2006 Copy of letter from Yesurani

to the Respondent.

Ex.R7

— 21-01-2010 Copy of letter from Principal

to the petitioner.

Ex.R8

— 04-02-2010 Copy of letter from Principal

to the petitioner.

Ex.R9

— 26-07-2011 Copy of letter from Principal

to the petitioner.

Ex.R10 — 26-08-2011 Copy of letter from Principal

to other Superior.

Ex.R11 — 26-08-2011 Copy of letter from Principal

to the petitioner.

Ex.R12 — 06-09-2011 Copy of reply from petitioner

to the Principal.

Ex.R13 — 19-09-2011 Copy of charge memorandum

issued by the Principal to

the petitioner.

Ex.R14 — 02-12-2011 Copy of enquiry report by

the Enquiry Officer to the

Principal.

Ex.R15 — 12-12-2011 Copy of Show Cause Notice

from the Principal to the

petitioner.

Ex.R16 — 03-01-2012 Copy of proceedings issued

to the petitioner dismissing

her from service.

Ex.R17 — 24-01-2012 Copy of letter from Principal

to the petitioner.

Ex.R18 — 04-06-2013 Copy of Advocate notice

issued on behalf of the

petitioner.

Ex.R19 — 12-07-2013 Copy of reply notice issued

on behalf of the respondent.

Ex.R20 — 02-09-2003 Copy of apology letter by

petitioner to the respondent.

Ex.R21 — 13-09-2004 Copy of apology letter by

petitioner to the respondent.

Ex.R22 — 09-11-2004 Copy of apology letter by

petitioner to the respondent.

Ex.R23 — 11-12-2006 Copy of apology letter by

petitioner to the respondent.

Ex.R24 — 06-01-2005 Copy of apology letter by

petitioner to the respondent.

Ex.R25 — 01-11-2006 Copy of apology letter by

petitioner to the respondent.

Ex.R26 — 11-09-2007 Copy of apology letter by

petitioner to the respondent.

Ex.R27 — 20-08-2008 Copy of apology letter by

petitioner to the respondent.

Ex.R28 — 01-08-2011 Copy of apology letter by

petitioner to the respondent.

Ex.R29 — 25-08-2011 Copy of complaint letter by

Savariyammal

to

the

respondent.

Ex.R30 — 24-08-2011 Copy of complaint letter by

Marthal to the respondent.

Ex.R31 — 24-08-2011 Copy of complaint letter by

Sumithra to the respondent.

Ex.R32 — 24-08-2011 Copy of complaint letter by

Bakkiyam to the respondent.

Ex.R33 — 24-08-2011 Copy of complaint letter by

Lilly to the respondent.

Ex.R34 — 18-10-2011 Returned Postal cover from

the petitioner.

Ex.R35 — 04-11-2011 Returned Postal cover from

the petitioner.

P. DHANABAL,

Presiding Officer (FAC),

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 35/AIL/Lab./T/2021, dated 3rd May 2021)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. RVS Educational Trust, Karaikal, and

Thiru S. Suresh, Porayar, over non-employment in respect

of the matter mentioned in the Annexure to this order;

And whereas, in the opinion of the Government, it is

necessary to refer the said dispute for adjudication;

Now, therefore, by virtue of the authority delegated

vide G.O. Ms. No. 20/91/Lab./L, dated 23-5-1991 of the

Labour Department, Puducherry, to exercise the powers

conferred by clause (c) of sub-section (1) of section 10

of the Industrial Disputes Act, 1947 (Central Act XIV

of 1947), it is hereby directed by the Secretary to

Government (Labour) that the said dispute be referred

to the Labour Court, Puducherry, for adjudication.

The Labour Court, Puducherry, shall submit the Award

within 3 months from the date of issue of reference as

stipulated under sub-section (2-A) of section 10 of the

Industrial Disputes Act, 1947 and in accordance with

rule 10-B of the Industrial Disputes (Central) Rules, 1957.