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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
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Publiée par Autorité
Published by Authority
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
[541]
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30 {
No.
48
Poudouchéry
Mardi
30
Novembre
2021 (9 Agrahayana 1943)
No.
Puducherry
Tuesday
30th
November
2021
ÿ√VÚ·¶¬ÔD
SOMMAIRES
CONTENTS
√¬ÔD
Page
Page
ÿ>Va_ ¿]\[≈› yÏ©AÔ^ ..
542
Sentence arbitral du Travail
.. 542
Award of the Labour Court .. 542
de Tribunal.
∂´∑ ∂§s¬ÁÔÔ^
..
544
Notifications du Gouvernement
.. 544
Government Notifications
.. 544
ƒVu≈§¬ÁÔÔ^
..
546
Annonces
.. 546
Announcements
..
546
542
LA GAZETTE DE L’ETAT
[30 November 2021
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Rt. No. 77/AIL/Lab./T/2021,
Puducherry, dated 13th November 2021)
NOTIFICATION
Whereas, an Award in I.D (L) No. 02/2019, dated
23-09-2021 of the Industrial Tribunal-cum-Labour Court,
Puducherry, in respect of the industrial dispute between
the management of M/s. Dexin Medi Solution Pvt
Ltd., Madagadipet Post, Puducherry and Tmt. S.
Sumathy, Kalitheerthalkuppam, 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 R. BHARANIDHARAN, M.L.
Presiding Officer.
Thursday, the 23rd day of September 2021.
I.D. (L) No. 02/2019
in
CNR. No. PYPY060000022019
S. Sumathy,
No. 64, Thirumurugan Nagar,
Kalitheerthalkuppam,
Mannadipet Commune,
Puducherry.
. . Petitioner
Versus
The Managing Director,
M/s. Dexin Medi Solution Pvt. Ltd.,
Kalitheerthalkuppam,
Madagadipet Post,
Puducherry.
. . Respondent
This Industrial Dispute coming on 02-09-2021 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 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. 06/AIL/Lab./T/2019, dated 07-01-2019 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
Tmt. S. Sumathy, Kalitheerthalkuppam, Puducherry,
against the management of M/s. Dexin Medi
Solutions Private Limited, Madagadipet (Post)
Puducherry, over non-employment is justified or not?
(b) If justified, what relief the petitioner is entitled
to? To compute the relief, if any awarded in terms of
mone if, it can be so computed?
2. Brief facts of the case of the petitioner as follows:
The petitioner was working in the respondent
company for the past 6 years she has joined as a
member in the newly formed Trade Union. The
management compelled the petitioner to relinquish
her relationship with the Union. Since, the petitioner
has not quit from the Union, the management refused
to give her employment with effect from 18-04-2016
by issuing a notice without calling for any
explanation from the petitioner. The respondent
management not permitted her to enter into the
company even the respondent has not cited any
misconduct as against the petitioner. The petitioner
has approached for conciliation proceedings, but, the
respondent management has not appeared for the
conciliation proceedings, but, has issued counter
statement stating that the Commission of Labour has
no statutory backing and has no jurisdiction to issue
show cause notice to the respondent. No amicable
settlement was arrived at the conciliation and
therefore, the Conciliation Officer has submitted a
failure report to the Government of Puducherry on
25-10-2018. The respondent management has utilized
the petitioner for a long time and exploited the tender
age and has not considered the welfare of the
employees enumerated under various labour laws.
The
petitioner
has
not
employed
in
any
establishment and she is facing untold hardship
without any employment and earnings. The petitioner
prays to reinstate the petitioner with full back wage
and continuity of service.
543
30 November 2021]
LA GAZETTE DE L’ETAT
3. Points for consideration:
Whether the petitioner is entitled for reinstatement
in the respondent company with full back wages,
continuity of service and all other attendant benefits.
4. The respondent has received notice issued by this
Court and Thiru M. Vaikunth, Advocate has undertaken
to file vakalat. Several adjournments were given for
filing counter on the respondent side. The respondent
was set ex parte on 13-12-2019.
5. On the petitioner side the petitioner was examined
as PW.1 and through her Ex.P1 to P4 were marked. In
the evidence of PW.1 she has deposed that the
Conciliation proceedings before the Labour Officer was
ended in failure. Hence, the matter was referred for
adjudication before this Court. Since, the petitioner has
joined Trade Union started in the company she was
threatened by the management to quit from the Trade
Union. The petitioner was denied employment without
any reason and without calling for any explanation from
the petitioner. The respondent has not considered the
welfare of the workman and has illegally terminated her
without affording any opportunity to substantiate her
stand.
6. This Court has carefully considered the EX.P1 to
P4 filed on the petitioner side. The respondent
company have received the notice, but, failed to appear
before this Court. Ex.P4 categorically established that
employees provident fund were deducting from the
salary of the petitioner. This Court has also carefully
considered the Ex.P3 which the termination letter, dated
18-04-2016 issued by M/s. Dexin Medi Solution Pvt. Ltd.,
to the petitioner alleging various allegations as against
the petitioner has terminated from her service
immediately. It is further stated in the Ex.P3 that the
petitioner has to contact our HR Accounts Department
for full and final settlement. Ex.P2 is the representation
made to the Labour Officer, Puducherry, wherein, she
has stated that she was removed from service without
any enquiry. It is further stated that the respondent
management has threatened her to quit from Trade
Union. The petitioner was appeared before the
Conciliation Officer and the management has filed a
reply statement before the Conciliation Officer, dated
01-09-2016. The management has mentioned several
issues against the petitioner including stealing of the
letter pad from the office cupboard and misused the
same. The enquiry before the Conciliation Officer was
conducted for several dates and the negotiations has
not reached an amicable settlement therefore, the
present litigation is referred by the Government of
Puducherry, for adjudication by this Court.
7. This Court has carefully considered the
submissions made by the learned Counsel for the
petitioner, the chief affidavit of PW.1 and Ex.P1 to Ex.P4.
There is no doubt that the petitioner was an employee
of the respondent management and worked there for
about 6 years. The reason stating by the management
for termination of the services of the petitioner is she
is associated with newly formed Trade Union since the
petitioner refused to quit from the Trade Union, despite
the specific directions of the respondent she was
terminated from her service without giving her a fair
opportunity. This Court is of the considered opinion that
the respondent has not properly followed the
established principles of law and principles of natural
justice. This Court is of the considered opinion that the
termination of the petitioner is not in accordance with
established principles of law. The petitioner is certainly
needs to be reinstated with all back benefits.
8. In the result, the petition is allowed. The
respondent management is directed to reinstate the
petitioner with all back wage and all attendant benefits
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 23rd day of September, 2021.
R. BHARANIDHARAN,
Presiding Officer,
Industrial Tribunal-cum-
Labour Court, Puducherry.
List of petitioner’s witness:
PW.1
— 23-08-2021
Sumathy
List of petitioner’s exhibits:
Ex.P1
— 25-10-2018
Xerox
copy
of
the
Conciliation Failure report.
Ex.P2
— 20-06-2016
Xerox copy of the letter
issued by the petitioner to
the Labour Officer.
Ex.P3
— 18-04-2016
Xerox
copy
of
the
Termination letter issued by
the Management,
Ex.P4
—
Xerox copy of the EPF Pass
book by the petitioner.
List of respondent’s witnesses: Nil
List of respondent’s exhibits: Nil
R. BHARANIDHARAN,
Presiding Officer,
Industrial Tribunal-cum-
Labour Court, Puducherry.
544
LA GAZETTE DE L’ETAT
[30 November 2021
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Rt. No. 78/AIL/Lab./T/2021,
Puducherry, dated 13th November 2021)
NOTIFICATION
Whereas, an Award in I.D (L) No. 28/2020, dated
14-09-2021 of the Industrial Tribunal-cum-Labour Court,
Puducherry in respect of the industrial dispute between
the management of M/s. Fine Automotive and Industrial
Radiators Pvt. Ltd, Sedarapet, Puducherry and
Thiru R. Patchamuthu, Villupuram 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 23-05-1991, 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 R. BHARANIDHARAN, M.L.
Presiding Officer.
Tuesday, the 14th day of September 2021.
I.D. (L) No. 28/2020
in
C.N.R. No. PYPY060000672020
Patchamuthu,
S/o. Rajagopal,
Mariamman Koil Street,
Ottai Village, Vanur Taluk,
Villupuram District.
. . Petitioner
Versus
The Managing Director,
M/s. The Fine Automotive and
Industrial Radiators Pvt. Ltd.,
No. 67, PIPDIC Road,
7th Cross, Sedarapet,
Puducherry.
. . Respondent
This Industrial Dispute coming on this day before
me for hearing, in the presence of Thiruvalargal K. Babu
and S. Karthikeyan, Counsels for the respondent, on
record.
the
petitioner
remained
absent,
no
representations have been made on his behalf, upon
perusing the records, this Court passed the following:
AWARD
This Industrial Dispute arises out of the reference
made by the Government of Puducherr vide G.O. Rt. No.
123/AIL/Lab./T/2020, dated 12-11-2020 of the Labour
Department, Puducherry to resolve the following
dispute between the petitioner and the respondent, viz.,-
(i) Whether the dispute raised by petitioner
Thiru Patcharmuthu, Villupuram District, against the
management of M/s. Fine Automotive and Industrial
Radiators Pvt. Ltd., Sedrapet, Puducherry, over
non-employment is justified or not? If justified, what
relief the petitioner is entitled to?
(ii) To compute the relief, if any, awarded in terms
of money if, it can be so computed?
2. Today, when the case came up for hearing, memo
filed by the Counsel for the petitioner. Notice given to
respondent. Memo recorded. In view of the
circumstances stated in the memo, I.D (L) No. 28/2020
is closed in the interest of justice.
Written and pronounced by me in the open Court on
this the 14th day of September, 2021.
R. BHARANIDHARAN,
Presiding Officer,
Industrial Tribunal-cum-
Labour Court, Puducherry.
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
(G.O.Ms. No. 43/2021-LD.,
Puducherry, dated 16th November 2021)
NOTIFICATION
In exercise of the powers conferred by section 6 of
the Legal Services Authorities Act, 1987 (Central Act 39
of 1987), read with rule 4 of the Union territory of
Puducherry Legal Services Authority Rules, 1998 and on
the recommendation of the Hon’ble High Court of
Judicature
at
Madras,
the
Lieutenant-Governor,
Puducherry, is pleased to nominate Hon’ble Mr. Justice
T. Raja, Judge of the High Court of Judicature at Madras
as the Executive Chairman of the Union territory of
Puducherry Legal Services Authority, Puducherry, with
effect from the 28th day of October, 2021 vice Hon’ble
Mr. Justice T.S. Sivagnanam.
(By order of the Lieutenant-Governor)
N. MURUGAVEL,
Under Secretary to Government (Law).