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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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15 {

No.

Poudouchéry

Mardi

Février

2022 (26 Magha 1943)

No.

Puducherry

Tuesday

15th

February

2022

ÿ√VÚ·¶¬ÔD

SOMMAIRES

CONTENTS

√¬ÔD

Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ ..

Sentence arbitr al du Travail

Award of the Labour Court ..

de Tribunal.

∂´∑ ∂§s¬ÁÔÔ^

Notifications du Gouvernement

Government Notifications

Œ©√ ∂§s©AÔ^

106

Avis d’ appel d’ offres

.. 106

Tender Notice

106

g√›>V™ WÆk™∫Ô^

107

Etablissements dangereux

.. 107

Dangerous Establishments

107

ƒVu≈§¬ÁÔÔ^

110

Annonces

.. 110

Announcements

110

LA GAZETTE DE L’ETAT

[15 February 2022

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 5/Lab./AIL/T/2021,

Puducherry, dated 4th January 2022)

NOTIFICATION

Whereas, an Award in I.D (T) No. 08/2018, dated

12-11-2021 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the industrial dispute between

Management of M/s. Swadeshi Cotton Mills, PTC,

Puducherry and the Union of Swadeshi Panchalai

Thozhilalar Urimai Padukappu Sangam, Puducherry,

over correction of date of joining in the service registers

of Thiruvalargal R. Krishnan, K. Ehthiyan, D. Amudha,

P. Venkatesan and V. Albert 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.

Friday, the 12th day of November 2021.

I.D. (T) No. 08/2018

C.N.R. No. PYPY060000242018

The General Secretary,

Swadeshi Panchalai Thozhilalar

Urimai Padukappu Sangam,

No. 61/2, First Floor,

Aswini Hospital (Opp.),

Vazhuthavur Road, Koundanpalayam,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Swadeshi Cotton Mills,

Puducherry Textiles Corporation Limited

(A Government of Puducherry Undertaking),

Puducherry.

. . Respondent

This Industrial Dispute coming on 13-10-2021 before

me for final hearing in the presence of Thiruvalargal

Velmurugan and P. Preethi, Counsels for the petitioner,

Thiru K. Ravikumar, 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. 24/AIL/Lab./T/2018, dated 23-02-2018 of the Labour

Department, Puducherry, to resolve the following

dispute between the petitioners and the respondent, viz.,.

(a) Whether the dispute raised by the Union of

Swadeshi Panchalai Thozhilalar Urimai Padukappu

Sangam, Puducherry, against the management of

M/s. Swadeshi Cotton Mills, PTC (A Government of

Puducherry Undertaking) Puducherry, over correction

of date of joining in the service registers of

Thiruvalargal R. Krishnan, K. Ehthiyan, D. Amudha,

P. Venkatesan and V. Albert, is justified or not? If

justified, what relief they 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 petitioner detailed in the Annexure has joined

the respondent management on the respective date

mentioned in the Annexure. The respondent Mills is

running a canteen in which 8 workers including the

5 petitioners were worked in 3 shifts and they were

put in 300 day of service in every year ever since,

the date of joining. The petitioners were made several

representations to the respondent to regularize

their services, but, the same was ended in vain.

On 08-09-2001, the respondent management declared

lay-off for doing electrical maintenance work in the

factory it was informed by the respondent management

that all the 8 workmen employed in the canteen were

terminated from 08-09-200l. The petitioners preferred

I.D. No. 05/2002 for adjudication, since, the

conciliation before Labour Officer was ended in

failure. The Labour Court, Puducherry, after hearing

both sides passed an Award, dated 21-01-2003, where

by the respondent management was directed to

extend all the benefits to all the 8 workmen on par

with other regular workers from their date of joining.

The Award was published in the Official Gazette of

Puducherry, on 14-07-2009. The management has

created some false attendance register and monthly

15 February 2022]

LA GAZETTE DE L’ETAT

pay slips in which the dale of initial appointment of

all the said 8 workmen were mentioned as 01-01-1996

and thereby reduced the service period of workmen

from 8 years to 20 years. All the petitioners requested

the respondent management to enter the actual date

of joining in the service register, but, the same was

not consider by the respondent management.

Aggrieved by the act of the respondent management,

the petitioners gave representation to the Labour

Officer (Conciliation) on 23-01-2015, but, the

respondent has not attended the Conciliation enquiry

since, the Labour Officer (Conciliation), Puducherry,

could not reach amicable settlement between the

parties he has submitted a failure report to the

Government or Puducherry. Thereby, the matter was

referred to the Labour Court for adjudication. The

date of joining will be the date of actual appointment

of service of the workmen and not from the date of

regularization, thereafter, the respondent has enter

into 18(1) settlement with the petitioners on

12-06-2015 and thereby mutually agreed to enter the

actual date of joining for continuity of service. But,

the respondent management has not adhere to the

terms of 18(1) settlement and refused to correct the

date of joining of the petitioners workmen in the

service records, without any valid and justifiable

reasons. Hence, it is a just and necessary to pass an

Award for correction of date of enter into service in

the service records of the workmen.

3. On the respondent side Thiru K. Ravikumar has

filed vakalat for respondent. Since, the counter was not

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

on 13-10-2021.

4. Points for consideration:

Whether the petitioners Thiruvalargal R. Krishnan,

K. Ehthiyan, D. Amudha, P. Venkatesan and V. Albert,

are entitled to get date of joining of them to be

corrected in the service records as 01-03-1975,

01-04-1977, 01-06-1983, 01-03-1983 and 01-06-1988,

respectively, for the purpose of extending ESl,

Provident Fund, Gratuity, etc., and to what other

reliefs the petitioners are entitled to?

5. Thiru K. Mohandoss, s/o. Karunakaran was

examined as PW1 and through him Ex.P1 to P8 were

marked.

PW1 Thiru K. Mohandoss in his evidence

deposed that the petitioners who are the workmen of

Swadeshi Panchalai Thozhilalar Urimai Padukappu

Sangam were working in three shifts in the canteen

running in the Swadeshi Cotton Mills, Puducherry. All

the 5 workmen have put in 300 days of service in every

year from the date of joining in the services. The

respondent management failed to implement ESI, PF and

regularized the wages for which they are entitled to. On

08-09-2001, the respondent management announced

lay-off. When others were permitted to sign in the

attendance, the respondent deny the opportunity to the

petitioners. The management informed that the service

of the petitioners were terminated from 08-09-2001. The

petitioners preferred representation before the Labour

Officer (Conciliation), Puducherry and the same was

ended in failure. Against which I.D. No. 05/2002 was

filed before this Court. The petitioners requested the

respondent management to correct the date of joining

as the date of actual entry into service as per the Award

of Labour Court, Puducherry, but, the respondent failed

to consider the same. Hence, the petitioners were

constrained to give representation, dated 23-01-2015 to

the Labour Officer (Conciliation) Puducherry. But, the

respondent has not participated in the Conciliation

Proceedings and hence, the present industrial dispute

was filed. In the mean while on 12-06-2015, the

respondent management entered into an 18(1) settlement

with the petitioners. However, the respondent

management has not given effect to the 18(1) settlement.

7. This Court has carefully considered the argument

putforth by the learned Counsel for the petitioner and

the documents filed in support of the petitioner claim.

In the 18(1) settlement, dated 12-06-2015 which was

marked as Ex.P1. The respendent management given

permanent status for the petitioners with effect from

01-06-2015 which is the date of regularization of the

petitioners service in the said settlement. The respondent

management has agreed to give salary and allowances

to petitioners on par with permanent employees of the

respondent management. From Ex.P4 the letters signed

by the ESI Corporation to the petitioner in response to

the information sought under the Right to Information

Act. The ESI Corporation has given the details that the

ESI coverage for the petitioners were started from

01-08-1983, where, in the name of the employer was

mentioned as Swadeshi Cotton Mills. Ex.P6 and Ex.P7

are the Award and order passed by the Labour Court,

Puducherry, in I.D. No. 05/2002 and C.P. No. 01/2011

respectively. The Award passed in I.D. No. 05/2002.

This Court has observed that the petitioners are deem

to be workers who were put in continuous service under

the respondent Mill for several years and they are

entitled for all benefits under the Industrial Disputes

LA GAZETTE DE L’ETAT

[15 February 2022

Act, 1947 and other labour legislations. On the

respondent side no evidence was let in and PW1 was

not cross-examined. In the Annexure to the claim

statement the petitioners has detailed the date of

joining of the petitioner. There is no contra evidence

to dispute the contention of the petitioners. The

petitioners having fought a long legal battle is certainly

entitled for the relief of correction of date of entry into

service in their service records maintained by the

respondent management as detailed in the Annexure to

the claim petition. As such, the date of entry into

service of the petitioners Thiruvalargal R. Krishnan,

K. Ehthiyan, D. Amudha, P. Venkatesan and V. Albert,

has to be altered as 01-03-1975, 01-04-1977, 01-06-1983,

01-03-1983 and 01-06-1988, respectively.

8. In the result, the petition is allowed. The

respondent management is directed to make correction

of the date of entry into service of all the petitioners

as per the dates above-mentioned in all the service

records including ESI, Provident Fund, Gratuity records

maintained by the respondent management. No costs.

Dictated to Stenographer, transcribed by him,

corrected and pronounced by me in the open Court, on

this 12th day of November 2021.

R. BHARANIDHARAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1

— 28-01-2020

Mohandoss

List of petitioner’s exhibits:

Ex.P1

— 12-06-2015 Photocopy of the 18(1)

settlement entered between

the

respondent

management

and

its

workers.

Ex.P2

— 23-01-2015 Photocopy

the

representation given by the

petitioner to the Labour

Officer

(Conciliation),

Puducherry.

Ex.P3

— 23-01-2018 Photocopy of the Failure

report submitted by the

Labour Officer (Conciliation),

Puducherry.

Ex.P4

— 12-11-2009

Photocopy of the reply

given by the ESl Corporation,

Puducherry,

the

petitioner under RTI Act.

Ex.P5

— 09-01-2003 Photocopy of the Common

Order passed by the Labour

Tribunal, Puducherry, in

I.A. Nos. 93/002 & 94/2002

in I.D. No. 01/2001.

Ex.P6

— 21-01-2003 Photocopy of the Award

passed by the Labour

Court, Puducherry in I.D.

No. 05/2002.

Ex.P7

— 11-10-2013 Photocopy of the order

passed by the Labour

Court, Puducherry, in C.P.

No. 01/2011.

Ex.P8

— 04-11-2004 Photocopy of the order

passed by the Hon’ble

High Court of Madras in

W.M.P. No. 30534/2004 in

W.P. No. 25097/2004.

List of respondent’s witnesses: NIL

List of respondent’s exhibits: NIL

R. BHARANIDHARAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

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