Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry
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No. 47 Poudouchéry Mardi 23 Novembre 2021 (2 Agrahayana 1943)
No. Puducherry Tuesday 23rd November 2021
ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS
Page ✓¬ÔD Page
ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 518 Sentence arbitral du Travail .. 518 Award of the Labour Court .. 518
de Tribunal.
∂´∑ ∂§s¬ÁÔÔ^ .. 520 Notifications du Gouvernement .. 520 Government Notifications .. 520 WÈ su✓Á™ ∂§s©A .. 527 Avis de vente de terrain .. 527 Notice of Sale of Land .. 527 Œ©✓ ∂§s©AÔ^ .. 531 Avis d' appel d' offres .. 531 Tender notices .. 531 g✓›>V™ WÆk™∫Ô^ .. 532 Etablissements dangereux .. 532 Dangerous Establishments .. 532
.. 537 Announcements .. 537 ƒVu≈§¬ÁÔÔ^ .. 537 Annonces
]Ú›>D .. 540 Corrigendum .. 540 Corrigendum .. 540
[517]518 LA GAZETTE DE L'ETAT [23 November 2021 GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Rt. No. 76/AIL/Lab./T/2021,
Puducherry, dated 13th November 2021)
NOTIFICATION
Whereas, an Award in I.D (L) No. 23/2019, dated 27-09-2021 of the Industrial Tribunal-cum-Labour Court, Puducherry, in respect of the Industrial Dispute between the management of M/s. M.S. Polymers, Villianur Commune, Puducherry and Thiru G. Veerappan, Vanur Taluk, Villupuram District, Tamil Nadu, 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)
This Industrial Dispute coming on 03-09-2021 before me for final hearing in the presence of Thiruvalargal R.T. Shankar, P. Suresh and B. Balamurugan Counsels for the petitioner, the respondent being called absent and set ex parte, upon hearing the petitioner and perusing the case records, this Court delivered the following:
AWARD
This Industrial Dispute arises out of the reference made by the Government of Puducherry vide G.O. Rt. No. 64/AIL/Lab./T/2019, dated 24-04-2019 of the Labour Department, Puducherry to resolve the following dispute between the petitioners and the respondent viz., (a) Whether the dispute raised by the petitioner Thiru G. Veerappan, Vanur Taluk, Villupuram District, against the management of M/s. M.S. Polymers, Villianur Commune, Puducherry, over non-employment is justified or not? If justified, what relief the petitioner is entitled to?
(b) To compute the relief, if any, awarded in terms of money if, it can be so computed?
2. Brief facts of th case of the petitioner:
D. MOHAN KUMAR, Under Secretary to Government (Labour).
————
BEFORE THE INDUSTRIAL TRIBUNAL -CUM-
LABOUR COURT AT PUDUCHERRY
Present : Thiru R. BHARANIDHARAN, M.L. Presiding Officer.
Monday, the 27th day of September 2021.
I.D. (L) No. 23/2019
in
CNR. No. PYPY060000392019
G. Veerappan, No. 226, Mariamman Koil Street, Perambai Village, Vanur Taluk, Villupuram District, Tamil Nadu.
. . Petitioner
Versus
The Managing Director, M/s. M.S. Polymers, R.S. No. 33/2, Koodappakkam Revenue Village, Villianur Main Road, Pathukannu, Villianur Commune, Puducherry.
. . Respondent The petitioner has joined a Driver/Assistant in the respondent company in the year 2012 he has performed his duties without giving any room for any remarks and he has worked more than 300 days in each calendar year. The respondent management failed to regularise his services. When the petitioner insisted, the management to make him as a permanent worker the respondent without any justifiable reason has stopped him at main gate on 15-04-2017 and not permitted him to attend his regular work. When the petitioner asked reason for his non-employment, the Managing Director replied that there is no necessity to give any reason for him. The petitioner did not commit any misconduct in the company, but, the management has projected with false allegation. The respondent management has orally terminated his employment without any termination order or statutory notice which is against the principles of natural justice and section 25(F) of the Industrial Disputes Act. The respondent management has exploited his tender age for a period of 5 years and terminated him without any justifiable reason. The petitioner is entitled for reinstatement with continuity of service and with full back wages and all other attendant benefits.
3. On the respondent side, the respondent was set ex parte. On the petitioner side the petitioner Thiru Veerappan, son of Govindaraj, was examined as PW123 November 2021] LA GAZETTE DE L'ETAT 519 his chief affidavit was filed before this Court through him EX.P1 to Ex.P5 were marked. In the evidence of PW1 he has deposed that he has joined the services of the respondent management in the year 2012 and his last drawn salary was ` 13,000 per month he has no adverse remarks in his entire services. On 15-04-2017 without any reason, show cause notice or termination order, he was stopped at the main gate from attending his regular work. The act of the respondent management is absolutely illegal. On examination of PW1 petitioner side was closed.
4. Points for consideration:
Whether the dispute raised by the petitioner Thiru G. Veerappan, against the management of M/s. M.S. Polymers, Villianur Commune, Puducherry, over non-employment is justified or not?
5. The learned Counsel for the petitioner in his argument submit that ever since, the date of his appointment in the year 2012 the petitioner was discharged his duties without any adverse remarks and without any misconduct. Since, the petitioner was in long continuous service he has requested the management to regularise his services, when the management failed to consider his request he has insisted for making him as permanent employee of the management. The management was not inclined to regularise his services in order to avoid payment of excess salary and other attendant benefits. The management of the company as a vindictive measure has stopped him at main gate on 15-04-2017 without any notice or termination order. The respondent management has not issued any charge memo and conducted domestic enquiry. The oral termination of services by the respondent management is unknown to the labour jurisprudence and pray for reinstatement of the petitioner in the services of the respondent management with continuity of service and all other attendant back wages.
6. This Court has carefully considered the evidence of PW1 exhibits marked on the petitioner side and the arguments advanced by the learned Counsel for the petitioner side. Since, the respondent management has not considered the request of the petitioner, the petitioner has approached the Labour Conciliation Officer by submitting letter, dated 06-09-2017 conciliation was held before the Conciliation Officer in several rounds and on various dates, but, the Conciliation ended in failure hence, the reference was made to this Court for adjudication.
7. On the petitioner side EX.P4 fifty numbers of monthly salary payment covers were marked. In Ex.P5 letter submitted by the respondent management to the Conciliation Officer on 10-11-2017 they have submitted that the petitioner is in the habit of taking frequent leave and he was attending the office in a drunken condition which causes serious inconvenience of the other employees of the respondent management. The petitioner has also used unparliamentary words as against the supervisors and other employees. Though the respondent management has raised various allegations as against the petitioner in the letter, dated 10-11-2017, the respondent has not issued any show cause notice or charge memo before terminating his services the employment of the petitioner was admitted by the respondent management in the Conciliation proceedings. It is not a case of the respondent that the petitioner was gainfully employed somewhere else.
8. The petitioner was in the services of the Company for about 5 years. The respondent management has not followed the principles of law and the principles of natural justice before terminating the services of the petitioner. The petitioner who was in the services of the respondent company would certainly affected by the unexpected termination of his employment. Under Article 21 of the Constitution, the right to life includes right to live with human dignity one cannot live with human dignity when his employment is at peril. This Court is of the considered opinion that the respondent management having failed to follow the principles of law and the principles of natural justice is liable to reinstate the petitioner with continuity of service, back wages and all other attendant benefit. Since, the termination order was issued when the petitioner found guilty after conducting Domestic Enquiry the respondent is at fault. Hence, the petitioner is entitled for back wages without any deductions.
9. In the result, the petition is allowed. The respondent management is directed to reinstate the petitioner with continuity of service. The respondent management is further directed to pay his back wages with all other attendant benefits. The respondent management is directed to implement this Award within a period of 8 weeks from the date of this order. No costs.
Dictated to Stenographer, transcribed by him, corrected and pronounced by me in the open Court on this the 27th day of September, 2021.
R. BHARANIDHARAN, Presiding Officer, Industrial Tribunal-cum- Labour Court, Puducherry.
520 LA GAZETTE DE L'ETAT [23 November 2021(V) All Block Development Officers . . Members List of petitioner's witness:
PW.1 — 03-09-2021 Veerappan
(VI) District Informatics Officer, . . Member National Informatics Centre (NIC).
List of petitioner's exhibits:
Ex.P1 — 08-02-2019 Xerox copy of the Failure
report.
Ex.P2 — 06-09-2017 Xerox copy of the letter sent
by the petitioner to the
Labour Conciliation Officer.
Ex.P3 — 24-04-2019 Xerox copy of the
Notification issued by the
Labour Department. Ex.P4 — Original Salary Bills (15 Nos.) Ex.P5 — 10-11-2017 Xerox copy of the
Respondent Letter.
(VII) District Level Officers of line . . Members Departments (e.g. Social Welfare Officer, Women and Child Development Officer, Information and Publicity/Elementary Education Officer/Agriculture Officer/Fishery Officer).
(VIII) President/Secretary of State Level . . Members Unions/Associations of – (a) Unorganised workers (b) BOCW workers (c) Self-Help Group (under National
Urban Livelihood Mission (NULM) and National Rural Livelihood Mission (NRLM)) Members.
List of respondent's witnesses: Nil
List of respondent's exhibits: Nil
R. BHARANIDHARAN,
Presiding Officer, Industrial Tribunal-cum-
Labour Court, Puducherry.
GOVERNMENT OF PUDUCHERRY (d) Domestic workers (e) ASHA workers (f) Anganwadi workers (g) Street vendors (h) Rickshaw-pullers (i) Brick-kiln workers (j) Agricultural labourers (k) MGNREGA workers (l) Fishermen and any other such
Workers Associations.
2. The functions of the Implementation Committee
LABOUR DEPARTMENT
are as detailed below:
No. 8558/AIL/Lab./G/2021/1718.
(i) Review the progress of Registrations of unorganized works against the target in the District.
Puducherry, dated 18th October 2021.
ORDER
In pursuance of the directions of the Ministry of L a b o u r a n d E m p l o y m e n t , G o v e r n m e n t o f I n d i a , New Delhi vide D.O. Letter No. M-16011/01/2019-SS-III, dated 13th August, 2021, it is proposed to constitute District Level Implementation Committee in Puducherry District for mobilizing the unorganized workers as follows:
(I) District Collector, Puducherry . . Chairman (II) Deputy Labour Commissioner . . Member-
Secretary.
(III) Commissioner,
. . Member Puducherry Municipality.
(IV) District Coordinator of Common . . Member Service Centres (CSCs).
(ii) Review and monitor the working of field level individual Common Service Centres (CSCs) and State Seva Kendras (SSK) in the District and achieving targets under e-SHRAM.
(iii) Mobilize target sub-groups of unorganised workers such as MGNREGA Workers, SHG Members under NRLN/NULM, Street vendors, Rickshaw- pullers, Construction (BOCW) workers, Mid-day meal workers, Domestic workers, ASHA workers, Anganwadi workers, Agricultural labourers, Fishermen and Brick-kiln workers through respective line Department within the District for Registrations under e-SHRAM portal.
(iv) Mobilize target groups of prospective beneficiaries for Registrations in e-SHRAM through respective Labour Unions/Workers' Associations/ Federations/Civil Society Organizations/NGOs working for welfare of unorganized workers.