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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

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2021 }

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7 {

No.

Poudouchéry

Mardi

Décembre

2021 (16 Agrahayana 1943)

No.

Puducherry

Tuesday

7th

December

2021

ÿ√VÚ·¶¬ÔD

SOMMAIRES

CONTENTS

√¬ÔD

Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ ..

554

Sentence arbitral du Travail

.. 554

Award of the Labour Court .. 554

de Tribunal.

∂´∑ ∂§s¬ÁÔÔ^

558

Notifications du Gouvernement

.. 558

Government Notifications

.. 558

g√›>V™ WÆk™∫Ô^

560

Etablissements dangereux

.. 560

Dangerous Establishments

560

ƒVu≈§¬ÁÔÔ^

561

Annonces

.. 561

Announcements

561

]Ú›>D

568

Corrigendum

.. 568

Corrigendum

.. 568

554

LA GAZETTE DE L’ETAT

[7 December 2021

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 79/AIL/Lab./T/2021,

Puducherry, dated 13th November 2021)

NOTIFICATION

Whereas, an Award in I.D (T) No. 07 /2019, dated

20-09-2021 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the Industrial Dispute

between the management of M/s. PONTEX and the

Puducherry State Weavers Co-operative Society Ltd.,

No. P.57, Industrial Estate, Thattanchavady, Puducherry,

and the Union workmen represented by AITUC Pontex

Thozhilalargal Sangam, Mudaliarpet, Puducherry, over

non-payment of salary dues from 01-02-2017 to the

Union workmen 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.

Monday, the 20th day of September 2021.

I.D. (T) No. 07/2019

CNR. No. PYPY060000272019

1. M. Buvaneswari

2. P. Kuttan

3. S. Karpagam

4. H. Annalakshmi

5. S. Murugan

6. M. Jaiganesh

7. D. Nedunchezhian

8. S. Pannerselvam

9. M. Badmanaban

10. M. Rajasekar

11. A. Murugam

12. D. Nagarajane

13. G. Gunamathy

14. S. Jenitha Campane

15. A. Leema Arokiamary

16. R. Vadivelan

17. M. Sivakumar

18. S. Kumaresan

19.

V. Sekar

20. M. Malarkodi

21. B. Padmavathy

22. R. Sudha

23. K. Arumugam

24. P. Saravanan

25. N. Mohanraj

26. R. Thanigaivelu

27. R. Buvaneswari

28. S. Kathirvelu

29. P. Annamalay

30. D. Rajavelu

31. K. Ramesh

32. M. Iroudayaradjou

33. S. Balaji

34. D. Kumar

Rep. by its The Secretary,

AITUC Pontex Thozhilalargal Sangam,

No. 49, Rodier Mill Street,

Mudaliarpet, Puducherry.

. . Petitioners

Versus

The Managing Director,

M/s. PONTEX,

The Puducherry State Weavers Co-operative

Society Ltd., P.57, Industrial Estate,

Thattanchavady,

Puducherry.

. . Respondent

This Industrial Dispute coming on 13-09-2021 before me

for final hearing in the presence of Thiru Mr. Vinayagam,

Counsel for the petitioner, Thiru A. Ellappane, Counsel

for the respondent, 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. 39/AIL/LAB/T/2019, dated 11-03-2019 of the

555

7 December 2021]

LA GAZETTE DE L’ETAT

Labour Department, Puducherry, to resolve the

following dispute between the petitioners and the

respondent, viz.,

(a) Whether the dispute raised by the Union

workmen

represented

AITUC

Pontex

Thozhilalargal Sangam, Mudaliarpet, Puducherry,

against the management of M/s. PONTEX, the

Puducherry State Weavers Co-operative Society Ltd.,

No. P57, Industrial Estate, Thattanchavady,

Puducherry, over non-payment of salary dues from

01-02-2017 to the Union workmen are justified or not?

If justified, what relief the Union workmen are

entitled to? .

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

of money if, it can be so computed?

2. The averments made in the claim Statement:

The petitioners are working in the Pondicherry

Co-operative Textile Processing Society Ltd., from the

year 2013 as employees in various designations. All

the 34 employees were received salary from the

management till August 2013. The management has

also collected EPF and ESI and other amounts from

the salary of the employees. Due to continuous loss

in business Texpro was windup by an order, dated

02-02-2016 by the Registrar of Co-operative Societies,

Government of Puducherry. All the petitioners are

relieved from the service of Texpro on 04-02-2016

without paying 23 months arrears of salary. The

Government of Puducherry for the welfare of the

petitioners has taken a policy decision and started a

separate dying Union and appointed all the 34

employees in the dying unit of PONTEX

management. All the petitioners were re-appointed in

PONTEX and salary was also given as mentioned in

the appointment order. All the 34 employees were

joined the PONTEX management on 11-02-2016 and

got salary till the month of January 2017. The

petitioners were also obtained loan and the loan

amount was recovered from their salary by the

respondent. The petitioners have approached the

Conciliation Officer, Labour Department, Puducherry

through, AITUC PONTEX Thozhilalargal Sangam.

Since, the conciliation was not effective, all the

petitioners raised Industrial Dispute before this

Tribunal. In the conciliation proceedings, the

management expressed its inability to settle the issue

due to heavy financial crisis prevailing in PONTEX.

3. On the respondent side Thiru A. Ellappane has

filed vakalat for respondent. Since, the counter was not

filed for a long time, the respondent was set ex parte

on 07-01-2020.

4. Points for consideration:

(i) Whether the respondent has to pay the arrears

of salary for 23 months for the period from

September 2013 to March 2015 and October 2015 to

January 2016 to all the petitioners?

(ii) Whether the petitioners are entitled to receive

the arrears of salary from February 2017 to September

2019 and consequently?

(iii) Whether the petitioners are entitled for the

arrears of bonus and other attending benefits?

Thiru S. Murugan, son of Subramanian, was

examined as PW1 and through him EX.Pl to P46 were

marked. In the evidence of PW1, he has deposed that

the petitioners were working as employees in the Texpro

management from the year 2013. Due to loss in the

business the Texpro company was windup by an order

of the Registrar of Co-operative Societies. All the

petitioners were relieved from the service of Texpro

without payment of 23 months salary. Thereafter, the

petitioners were reappointed as employees of dying

unit of Pontex management. All the petitioners got salary

till the month of January 2017, but, the respondent

management has not paid the salaries to the petitioners

from the month of February 2017 to September 2019

which is for about 32 months. The petitioners

approached the Conciliation Officer through AITUC.

The management expressed they are in a heavy financial

crisis and expressed its inability to settle the issue.

6. This Court has carefully considered the

submission made by the learned Counsel for the

petitioners and perused all the exhibits filed in support

of the petitioners claim. Exhibits P14 to Ex.P44 are the

copies of service records of the petitioners. Ex.P1 is the

order of appointment issued to the petitioners

Tmt. Gunamathi. The order of appointment was issued

by the Managing Director of the Dying Unit. The

learned Counsel for the petitioners submitted that the

respondent management not paid salary to all the

petitioners which amount to unfair labour practice. It is

further submitted that the representative of the

management appeared before the Conciliation Officer

has expressed their inability to pay the salaries to the

petitioners due to heavy financial crisis.

7. The non-payment of salary to the petitioners is

due financial crisis in the respondent management and

not on the fault of the petitioners. In the reference made

by the Under Secretary to Government (Labour), the

pertinent question raised by the Labour Department for

adjudication is whether non-payment of salaries due

from of 01-02-2017 till date of making reference is

justified.

556

LA GAZETTE DE L’ETAT

[7 December 2021

8. From the evidence of PW1 Murugan, it is clear

that all the 34 petitioners are working with Texpro from

the year 2003 and they were relieved from the service

from August 2013. Thereafter, they have joined the

service of the Dying unit, PONTEX from 11-02-2016 and

got their salary till the month of January 2017. The

evidence of PW1 mentioned clear that the respondent

has not paid the salary from February 2017 to

September 2019 to the petitioners. The conciliation

proceedings conducted before the Conciliation Officer,

Labour Department was not fructified.

9. Though, the respondent was appeared to through

Counsel they were not filed the counter and the

respondent was set ex parte. There is no counter

available from the respondent side that the petitioners

were promptly paid their salaries. In the absence of any

such contradiction, this Tribunal is of the considered

opinion that the salaries of the petitioners were not

promptly paid and they are entitled for their salaries

from February 2017 to September 2019 (32 months).

10. The learned Counsel for the petitioners has

invited this Court attention to the Judgment of

Karnataka High Court reported in 1991, II LLJ 139,

Karnataka High Court and 2. I LR 1987 KAR 50

Karnataka High Court and submitted to grant the relief

to the petitioners for the period from September 2013

to March 2015 and October 2015 to January 2016 which

are the period not covered under the reference. It is the

general rule that the jurisdiction of Labour Court or a

Tribunal springs from the order of reference and it has

to confine the adjudication to the specified Industrial

Dispute and matters incidental thereto. Under section

10(4) of Industrial Disputes Act, the Industrial Tribunal

or Labour Court has to confine his adjudication to

those points and matters incidental thereto. In the order

of reference the period is confined to 01-02-2017 till the

date of reference. The claim of the petitioner is to

consider the claim of arrears of salary for 23 months

from September 2013 to March 2015 and October 2015

to January 2016 would certainly not come under the

purview of the matters incidental thereto. Hence, this

Tribunal is not inclined to grant any relief for the period

from September 2013 to march 2015 and October 2015

to January 2016.

11. This Tribunal is of the considered opinion that

the petitioners are entitled for the arrears of salary for

the period from February 2017 to September 2019 and

subsequent salary from the month of October 2019 to

till date along with increments and bonus entitled to the

petitioners.

12. In the result, the claim petition is partly allowed.

The respondent management is directed to pay the

arrears of salary from February 2017 to September 2019

to all the petitioners. The respondent is further directed

to pay the unpaid salaries to all the petitioners from the

month of October 2019 till today. The respondent is

further directed to pay the arrears of bonus for the year

2016, 2017 and 2018 and for consequent years as per

the entitlement of the petitioners. The respondent is

directed to pay the abovesaid arrears of salary and

bonus to the petitioners within a period of 8 weeks from

the date of this Award. No costs.

Dictated to Stenographer, transcribed by him,

corrected and pronounced by me in the open Court on

this the 20 th day of September, 2021.

R. BHARANIDHARAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1

— 03-02-2021

Murugan

List of petitioner’s exhibits:

Ex.P1

— 28-09-2005

Xerox copy of Appointment

Order issued by Texpro.

Ex.P2

— 21-08-2015

Xerox copy of Agreement

between

Union

and

Management.

Ex.P3

— 02-02-2016

Xerox copy of Windingup

orders for Texpro.

Ex.P4

— 04-02-2016

Xerox copy of Dismissal

Order issued by Texpro.

Ex.P5

— 10-02-2016

Xerox copy of Order for

Engagement

Texpro

Employees to PONTEX.

Ex.P6

— 11-02-2016

Xerox copy of Memorandum

for Appointment.

Ex.P7

— 24-06-2019

Xerox copy of Letter for

Recovery of Loan.

Ex.P8

— 26-06-2018

Xerox copy of Notice of

Attachment issued by EPF

Office.

Ex.P9

— 06-02-2017

Xerox copy of Complaint to

Lieutenant-Governor.

Ex.P10 — 03-11-2017

Xerox copy of Complaint to

Conciliation Officer.

Ex.P11 — 25-10-2018

Xerox

copy

Letter

referred for Adjudication.

Ex.P12 — 11-03-2019

Xerox copy of G.O. for

Adjudication.

Ex.P13 — 16-02-2016

Xerox copy of Gazette

Notification for Liquidation.

Ex.P14 —

Xerox copy of Service

Records of M. Buvaneswari

(6 sheets).

557

7 December 2021]

LA GAZETTE DE L’ETAT

Ex.P15 —

Xerox copy of Service

R e c o r d s o f P. K u t t a n

(7 sheets).

Ex.P16 —

Xerox copy of Service

Records of S. Karpagam

(6 sheets).

Ex.P17 —

Xerox copy of Service

Records of H. Annalakshmi

(6 sheets).

Ex.P18 —

Xerox copy of Service

Records of S. Murugan

(6 sheets).

Ex.P19 —

Xerox copy of Service

Records of M. Jaiganesh

(6 sheets).

Ex.P20 —

Xerox copy of Service Records

of D. Nedunchezhiyan

(4 sheets).

Ex.P21 —

Xerox copy of Service

Records of S. Pannerselvam

(7 sheets).

Ex.P22 —

Xerox copy of Service

Records of M. Badmanaban

(6 sheets).

Ex.P23 —

Xerox copy of Service

Records of M. Rajasekar

(3 sheets).

Ex.P24 —

Xerox copy of Service

Records of A. Murugan

(7 sheets).

Ex.P25 —

Xerox copy of Service

Records of D. Nagarajane

(6 sheets).

Ex.P26 —

Xerox copy of Service

Records of G. Gunamathy

(6 sheets).

Ex.P27 —

Xerox copy of Service

Records of S. Jenitha

Campane (6 sheets).

Ex.P28 —

Xerox copy of Service

Records

of A.

Leema

Arokiamary (6 sheets).

Ex.P29 —

Xerox copy of Service

Records of M. Sivakumar

(7 sheets).

Ex.P30 —

Xerox copy of Service

Records of S. Kumaresan

(5 sheets).

Ex.P31 —

Xerox copy of Service

R e c o r d s o f V. S e k a r

(6 sheets).

Ex.P32 —

Xerox copy of Service

Records of M. Malarkodi

(6 sheets).

Ex.P33 —

Xerox copy of Service

Records of B. Padmavathy

(4 sheets).

Ex.P34 —

Xerox copy of Service

R e c o r d s o f R . S u d h a

(6 sheets).

Ex.P35 —

Xerox copy of Service

Records of K. Arumugam

(6 sheets).

Ex.P36 —

Xerox copy of Service

Records of P. Saravanan

(6 sheets).

Ex.P37 —

Xerox copy of Service

Records of N. Mohanraj

(7 sheets).

Ex.P38 —

Xerox copy of Service

Records of S. Kathirvelu

(2 sheets).

Ex.P39 —

Xerox copy of Service

Records of P. Annamalay

(4 sheets).

Ex.P40 —

Xerox copy of Service

Records of D. Rajavelu

(2 sheets).

Ex.P41 —

Xerox copy of Service

Records of K. Ramesh

(2 sheets).

Ex.P42 —

Xerox copy of Service Records

o f M . I r o u d a y a r a d j o u

(2 sheets).

Ex.P43 —

Xerox copy of Service

R e c o r d s o f S . B a l a j i

(1 sheet).

EX.P44 —

Xerox copy of Service

R e c o r d s o f D . K u m a r

(2 sheets).

EX.P45 —

Xerox copy of list of

Employees – Annexure-I

(with Arrears).

EX.P46 —

Xerox copy of list of

Employees – Annexure-II

(with Arrears).

List of respondent’s witnesses: Nil

List of respondent’s exhibits: Nil

R. BHARANIDHARAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.