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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

[197]

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15 {

No.

11 Poudouchéry

Mardi

15

Mars

2022 (24 Phalguna 1943)

No.

Puducherry

Tuesday

15th

March

2022

ÿ√VÚ·¶¬ÔD

SOMMAIRES

CONTENTS

√¬ÔD

Page

Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 198

Sentence arbitr al du Travail

.. 198

Award of the Labour Court .. 198

de Tribunal.

∂´∑ ∂§s¬ÁÔÔ^

.. 208

Notifications du Gouvernement

.. 208

Government Notifications

.. 208

ƒVu≈§¬ÁÔÔ^

.. 221

Annonces

.. 221

Announcements

..

221

]Ú›>D

.. 224

Corrigendum

.. 224

Corrigendum

.. 224

198

LA GAZETTE DE L’ETAT

[15 March 2022

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 18/AIL/Lab./T/2021,

Puducherry, dated 7th February 2022)

NOTIFICATION

Whereas, an Award in I.D (L) No. 01/2018, dated

17-12-2021 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the Industrial Dispute

between the management of M/s. A & F Overseas Trade

Limited, Uruvaiyar and Tmt. K. Sundari, Uruvaiyar, over

non-employment due to shifting of factory 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 17th day of December 2021.

I.D. (L) No. 01/2018

in

C.N.R. No. PYPY060000972018

1. Sundari (Died)

Rep. by her next friend/legal heir

2. Karthikeyan

3. Suganthi

4. Sugumar

. . Petitioners

Amended as per order, dated 09-09-2021 passed in

I.A.No. 02/2021.

Versus

The Managing Director,

M/s. A & F Overseas Trade Limited,

Puducherry.

. . Respondent

This Industrial dispute coming on 22-11-2021 before

me for final healing in the presence of Thiruvalargal

R.T. Shankar, A. Ashok Kumar, L.K. Saravanan,

B. Balamurugan and P. Suresh, Counsels for the

petitioners and Thiru S. Sankaralingam, Counsel for the

respondent, upon hearing both sides, perusing the case

records, after having stood over for consideration till

this day, this Court delivered the following:

AWARD

This Industrial Dispute has been referred by the

Government as per the G.O. Rt. No. 189/AIL/Lab./T/2017,

dated 30-11-2017 for adjudicating whether the industrial

dispute raised by the petitioner Tmt. K. Sundari,

w/o. Karthikeyan, Uruvaiyar against the management of

M/s. A & F Overseas Trade Limited, Uruvaiyar

Puducherry, over non-employment due to shifting of

factory is justified and 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 averments made in the claim statement of

the petitioner:

The petitioner is working as an operator in the

respondent company since, 1992 and her last drawn

wages is ` 5,850 per month. The petitioner was

served in the respondent management in processing

of leather using chemicals for the past 25 years, due

to which she was suffered by chronic diseases she

has served in the respondent management in the past

25 years with a meager salary as ` 5,850 per month.

When petitioner was taking treatment for her ill

health the respondent management closed the factory

on 07-05-2016 and shifted to a new place without prior

approval of the Government of Puduchcrry, which is

violative of sections 25-N and 25-A of the Industrial

Disputes Act. Due to the illegal closure of the

respondent company the petitioner lost her

employment and she was not in a position to

continue her employment. The petitioner raised

dispute before the Conciliation Officer, Labour

Department Puducherry, but, the same was ended in

failure and hence, the matter was referred to this

Court for adjudication. The closure of the respondent

factory and shifting the same somewhere else

resulted in closure of industrial undertaking which

involves termination of employment of the petitioner.

The petitioner pray for direction to the respondent

management to pay the closure compensation entitled

to the petitioner and also to pay the full and final

settlement for her 25 years of service amounting to

` 10,00,000 (Rupees ten lakhs only).

199

15 March 2022]

LA GAZETTE DE L’ETAT

3. The brief averments in the counter filed by the

respondent are as follows:

The respondent company M/s. A & F Overseas

Trade limited is a registered company engaged in

manufacturing shoe uppers of job work basis for

large manufacturers. Due to heavy competition in the

market and global recession, the respondent company

could not perform well and became a sick industrial

undertaking. The respondent company has declared

as a sick unit under section 22(1) of the Sick

Industrial Companies (Special Provisions) Act, 1985.

The respondent company continued its operation in

spite of sickness and the respondent company never

thought of topping his manufacturing activity in the

interest of the workmen.

(ii) The respondent company was constrained to

repay the secured creditors and through sale of the

land and superstructure of the factory owned by the

company. In the said circumstances, the respondent

company was constrained to move its factory to

another premises in the same locality. After finding

the suitable location in the same locality and after

informing the workman well in advance on 07-05-2016

and 05-07-2016. On the said date circulars were

issued to all workmen informing the shifting of the

factory to the nearest place. All the workmen except

the petitioner has fully cooperated with the

management and peacefully continued their job.

There is neither retrenchment of workers nor closure

of the factory. All the workers are continued to be

employed in the respondent company on the same

terms and conditions with continuity of service and

attendant benefits. The interest of the workmen were

totally protected with no reduction of wages and

there is no financial burden on the workmen. There

is no transfer, dismissal, retrenchment and there is

no transfer of employer also. Free transportation to

factory and thereafter, to workers residences has

been continued in the new location also. The

petitioner along with an ulterior motive has

approached the Conciliation Authority with false

allegations. The Conciliation Authority without

dismissing the false claim of the petitioner had

chosen to issue a failure report. The petitioners case

is purely a grievance of an individual and that too

an imaginary grievance about her non-employment.

(iii) In fact, the petitioner has been willfully and

wantonly absenting herself to duty from 29-07-2016.

The respondent has informed all the Government

Authorities regarding to the proposed shifting of the

factory as early as an 07-07-2016. Thus, there is not

closure of the respondent factory and what had been

done for the respondent is only legal shifting of the

factory premises, the other employees of the

respondent management continued their employment

with the respondent factory with all benefit. The

transportation bills for the period June 2016 to

September 2016 would clearly reveal that the

workmen were carried out from their residences to the

factory and from the factory to the residences at free

of cost. The occupational disease has stated by the

petitioner is only hypothetical and there is no medical

proof. In fact, the petitioner on her own volition has

willfully and wantonly absented herself in the

respondent factory and the respondent neither closed

the factory nor retrenchment. Since, the petitioner

was neither dismissed nor refused to give

employment by the respondent, she is not entitled

for any compensation and prayed for dismissal of the

petition.

4. On the petitioner side, Sundari was examined as

PW.1 and through her proof affidavit was filed, Ex.P1

to Ex.P8 were marked. On the respondent side RW.1

Xavier Albin was examined, Ex.R1 to R11 were marked.

5. Points for consideration:

Whether the non-employment of petitioner

Tmt. K. Sundari in the respondent management is

justified? If so, what are the relief entitled to the

petitioner?

6. In the evidence of PW.1, Tmt. Sundari, she has

deposed that she was working as an operator in the

respondent company from the year 1992 for a meager

salary of ` 5,850 per month. Since, the petitioner worked

for more than 25 years, she was affected by disease and

she has approached the ESI hospital. The respondent

management closed the factory on 07-05-2016 and

shifted the same to some other place without previous

permission of the Government. The petitioner therefore,

was constrained to raise the dispute before the Labour

Officer (Conciliation) for arriving at amicable settlement,

but, there was no conclusion reached before the Labour

Officer (Conciliation) and he has filed a failure report.

The petitioners served with the respondent management

for more than 25 years. The respondent management

closed the factory and shifted to somewhere else, as a

result, the closure of an industrial undertaking involve

the termination of the employment of the petitioner. The

petitioner prayed for closure compensation under

section 25 FFF(1) of the Industrial Disputes Act and also

prayed for full and final settlement of the monetary

relief.

7. Thiru Xavier Albin, Commercial Manager of the

respondent management was examined as RW1. In his

evidence he has deposed that the respondent

200

LA GAZETTE DE L’ETAT

[15 March 2022

management is a company registered under the Indian

Companies Act and having factory at Puducherry. The

company engaged in manufacturing shoe uppers on a

job work basis, for the large scale manufacturers. Due

to heavy market competition and global recession, the

respondent company was not able to perform well and

became a sick industrial undertaking. The Board for

Industrial and Financial Reconstruction (BIFR) has also

declared the respondent company as a sick industrial

unit. The respondent company was struggling to pay

the secured creditors for safeguard the assets of the

respondent company. The respondent left with no other

alternative was constrained to move the factory to

another premises in the same locality. The company

ensure that none of the workman suffer loss of wages

due to shifting of the company. The company has also

issued circulars, dated 07-05-2016 and 05-07-2016. After

gaining total confidence from the workers side the

company was shifted to the neighborhood. All workmen

except the petitioner has fully cooperated for the

shifting of the factory and they are continued to serve

with the respondent management. There was neither

retrenchment of workers nor closure or sale of factory

and all the workers are continued to be employed in the

factory on the same terms and conditions and moreover

of the interest all the workers are totally protected with

continuity of service and there is no reduction of wages

or allowances. The petitioner alone on imaginary motive

has approached the Conciliation Authority with

imaginary allegations and claims. It is unfortunate on

the part of the Conciliation Authority by dismissing the

false claim of the petitioner has chosen to issue a

failure report for adjudication before the Court. The

respondent has also informed all Governmental

Authorities about the proposed shifting of the factory.

8. RW.1 further deposed that local shifting of the

factory would not amount to closure of the factory.

What has been done is only a local shifting of the

factory and entire workmen were informed well in

advance. It is not correct to say that the respondent

does not obtained prior approval of the Government.

Moreover, the claim of the petitioner regarding

occupational disease is only hypothetical in the

absence of medical evidence. Even in the case of

occupational disease she is fully protected under the

ESI Scheme by virtue of the coverage of Insurance,

hence, the respondent prayed for dismissal of the

petition.

9. The learned Counsel for the petitioner submit that

the petitioner joined the respondent company in the

year 1992 and worked as a machine operator. Ever since,

the date of her appointment, she was working well to

the satisfaction of the respondent management. The

petitioner has completed 25 years of service with the

respondent management and has suffered due to

occupational chronic diseases for which she has

regularly got treatment. The petitioner all along worked

for a meagre salary of ` 5,850 per month. When the

petitioner was attending the hospital for medical

checkup the respondent management has closed the

factory on 07-05-2016 without getting prior approval

from the Government. The respondent management with

an ulterior motive has shifted the factory address in

order to create the situation that the employees

themselves come forward to relinquish their job.

10. The learned Counsel for the petitioner further

submit that the closure of factory without permission

of the Government would be violative of section 25-N

and 25-O of the Industrial Disputes Act. The respondent

management has never issued any circular individually

to the employees about the intended shifting of the

company. Moreover, the respondent management has

not consulted the employees who are about 250 in

numbers. The learned Counsel for the petitioner further

submit that the attendance register for the months of

June 2016 to October 2016 marked as Ex.R9 would go

to show that the large number of employees were found

absent in those three months due to uncertain condition

prevail in the company. The learned Counsel for the

petitioner further submit that the order of Board of

Industrial for Financial Reconstruction (BIFR) was,

dated 30-01-2001 stating that the petitioner company is

a sick industrial unit where as the respondent has taken

initiative for the shifting of the premises only in the year

2016. The learned Counsel for the petitioner further

submit that Ex.R6 and R7 documents are no way

connected with the permission sanctioned by the

Government of Puducherry for shifting of the factory.

11. The learned Counsel for the petitioner submit

that the respondent management has not cooperated

before the Labour Officer (Conciliation) to reach a

amicable settlement. In Ex.R4 failure report, dated

14 -09-2017 the Labour Officer (Conciliation) made an

observation that there was no cooperation from the

management to proceed, further, the matter was referred

for adjudication. The failure report of the Labour Officer

(Conciliation) has made it clear that the respondent

management never intended to give a solution to the

dispute. The learned Counsel for the petitioner further

submit that the respondent management of their own

has shifted the factory and there was no individual

communication to any of the employees. The respondent

management has not considering the legitimate right of

the employees has acted in a lethargic manner and has

shifted the factory in violation to the principles laid

down in Industrial Diaputes Act.

201

15 March 2022]

LA GAZETTE DE L’ETAT

12. The learned Counsel for the petitioner submitted

that there is no mention in the appointment order of the

petitioner that the nature of her job is transferable.

There is no rules in the company standing orders that

the employees employed in the company are liable to

be transfered from one place to another. The respondent

management has failed to produce the company

standing orders since, the same is against their case.

The petitioner and other employees were compelled to

be an absent from duty due to the inhuman act of the

respondent management. The non-employment of the

petitioner is not the choice of the petitioner and she

has not relieved from the service of the company on

her own volition. The non-employment of the petitioner

is nothing but retrenchment as defined under section

2(oo) of Industrial Disputes Act. All the petitioners are

entitled for retrenchment compensation under section

25F of the Industrial Disputes Act and also the

petitioner is entitled for full and final settlement for her

25 long years of service in the respondent management.

13. The learned Counsel for the respondent

management submit that the respondent company has

faced heavy competition in the business and due to

global recession they could not perform well and there

was a production loss. Since, the secured creditors of

the respondent company has moved for liquidation

proceedings. The respondent management tried for

viable option to settle the issue. Since, there was no

other alternative to settle the issue, the respondent

ultimately decided to sell the properties and to shift the

factory to Poraiyur, Puducherry in order to ensure that

all the employees are safeguarded and their interest is

protected. The learned Counsel for the respondent

management further submit that before effecting such

local shifting all the employees were informed through

Ex.R2 and R3 circulars, dated 07-05-2016 and 05-07-2016

respectively. All the employees except the petitioner

understood the difficult situation faced by the

respondent company and agreed to continue to work

in the new factory premises which is only 2.5 kilometers

away from the existing premises.

14. The petitioner even before the shifting of the

factory has absented herself from attending the

company from 29-07-2016. The petitioner has not filed

any documents to show that she was suffering from

chronic diseases which are occupational in nature. If,

at all the petitioner was suffered due to occupational

disease she would have got treatment in the ESI

hospital since, he was issued with ESI card Ex.R11. The

learned Counsel for the respondent management further

submit that when all the employees has accepted for

the shifting of the premises, the petitioner has

approached the Labour Officer (Conciliation) for

Conciliation. Even before the Labour Officer

(Conciliation) she has not accepted to continue her job,

but, want full and final settlement which itself show that

the petitioner is not intended to continue further as an

employee.

15. The learned Counsel for the respondent

management further submit that when the respondent

has offered for employment in the newly shifted factory

with the same terms and conditions. The petitioner has

not opted to accept the offer given by the management

from which it is clear that there was no retrenchment

on the part of the respondent management. It is only a

local shifting and not a transfer of a company and

hence, the respondent management is not liable to pay

any compensation under section 25-F of the Industrial

Disputes Act. The learned Counsel for the respondent

further submit that except the petitioner all other

employees are still continued to work in the newly

shifted premises with continuity of service and with

same terms and conditions. The petitioner without

understanding the fact has given a false complaint

before the Labour Officer (Conciliation). The Labour

Officer (Conciliation) without dismissal of the complaint

preferred by the petitioner has sent a failure report

which is not at all tenable. It is further submitted that

the respondent got previous permission from the

Director of Industries, Government of Puducherry and

District Industries Centre which is evident from the

Ex.R6 and R7. The learned Counsel for the respondent

submit that Ex.R9 attendance for the staff members for

the period June 2016 to October 2016 would goes to

show that other employees were regularly present. Due

to the mis-apprehension of the petitioner she has left

the respondent company from 29-07-2016 and thereafter,

she has not attended the duty. On the respondent

management side a notice was issued on her for which

there was no response from the petitioner. It is further

submitted that the job security of the employees were

ensured by the management and there was no loss of

employment to any of the employees. The petitioner

unnecessarily has approached the Labour Officer

(Conciliation) without any justifiable basis and she is

not entitled for the protection guaranteed under section

25 F of the Industrial Disputes Act and she is not

entitled for any compensation from the respondent

management.

16. This Court has carefully considered the rival

submissions. The petitioner Tmt. Sundari as per the

appointment order was appointed in the year 1996. In

Ex.R11 ESI Card issued to the petitioner the date of

appointment was mentioned as 02-07-1992. There is no

dispute that the petitioner was all along worked as

202

LA GAZETTE DE L’ETAT

[15 March 2022

machine operator. The respondent company since face

severe loss due to stiff competition in the market as to

settle the secured creditors hence, the respondent

company has moved the BIFR and got an order that the

respondent factory is a sick unit. Since, the settlement

talks with the secured creditors was not fructified the

respondent has initiated selling the property of the

factory and settled the creditors which would ultimately

safeguard the interest of the workmen by shifting the

factory to nearby premises. The respondent management

has issued Ex.R2 and R3 circulars, dated 07-05-2016 and

05-07-2016 intimating the idea of transferring the factory

to the nearest premises. According to the respondent

except the petitioner all the other employees of the

respondent has agreed for the said proposal and has

joined in the newly shifted factory with all benefits as

they have received earlier. The terms and conditions of

the employment was also same as in the earlier factory.

In all the ways the respondent company has protected

the interest of the workmen by arranging transport

facility from the residences to the factory and from the

factory to the residences.

17. The respondent has also submitted the Ex.R6

letter submitted to the Director of Industries as to the

proposal to shift the company premises. Ex.R7 filed by

the respondent to show that the proposal for shifting

was already intimated to the District Industries Centre.

The petitioner being dissatisfied with the move of the

respondent company the same to some other place has

filed a representation before the Labour Officer

(Conciliation). The respondent management has also

appeared before the Labour Officer (Conciliation) and

filed the reply, dated 07-05-2016 that there was no loss

of employment or retrenchment out of shifting their

premises. The Conciliation proceedings was ended in

failure and the matter was referred to this Court for

adjudication. The petitioner has addressed Ex.P2 letter,

dated 26-04-2016 to the Manager Administration for job

protection and continuity of service. From the evidence

of RW.1 it is clear that the company was shifted on

07-05-2016 there is no evidence available on record that

the respondent has discussed or negotiated with the

workmen regarding the shifting of the factory. Ex. R3

and R4 the circulars were issued only on 05-07-2016 and

14-09-2017 and the first circular was issued only on the

date of shifting. This Court has perused the Ex.R6 and

R7 which cannot be considered to be the permission

granted by the Government for shifting of the factory

premise. On perusal of Ex.R9 attendance registers the

petitioner has absented from duty from 29-07-2016.

18. This Court has considered the attention of the

petitioner that the proposal for shifting of the factory

has create shock waves in the mind of the workman and

they got frustrate due to the sudden and untimely

decision of the respondent management to shift the

factory premises. The respondent has not produced the

appoint order of the petitioner or the company standing

order that the employment of the petitioner is subjected

to transfer. Though the respondent has stated that they

have issued notice to the petitioner for their absence

the said notice was not filed before this Court. On the

other hand, the evidence of the petitioner she has stated

that the respondent intimidated her not to come to work

and the petitioner has no knowledge about the circulars

circulate to the workmen regarding shifting of the

factory. The respondent has not issued any written

order of termination.

19. The petitioner is a protected workmen under

section 33 (3) of the Industrial Disputes Act and the

non-employment of the petitioner in the circumstances

discussed above would certainly amount dismissal from

service. The petitioner being a protected workmen is

entitled for compensation under section 25FFF of the

Industrial Disputes Act “Compensation to workmen in

case of closing down of undertakings: where an

undertaking is closed down for any reason whatsoever,

every workman who has been in continuous service for

not less than one year in that undertaking immediately

before such closure shall, subject to the provisions of

sub-section (20) be entitled to notice and compensation

in accordance with the provisions of section 25F, as if

the workman had been retrenched.

Provided that where the undertaking is closed

down on account of unavoidable circumstances

beyond

the

control

of

the

employer,

the

compensation to be paid to the workman under clause

(b) of section 25F, shall not exceed his average pay

for three months.

(i)

financial difficulties (including financial

losses); or

(ii)

accumulation of indisposed stocks; or

(iii) the expire of the period of the lease or licence

granted to it; or

(iv)

in case where the undertaking is engaged in

mining operations, exhaustion of the

minerals in the the area in which such

operations are carried on,

shall not be deemed to be closed down on account of

unavoidable circumstances beyond the control of the

employer within the meaning of the proviso to this

sub-section”.

203

15 March 2022]

LA GAZETTE DE L’ETAT

20. From the discussions made supra, this Court

come to the conclusion that the petitioner is entitled

for notice and compensation which was not done so in

the present case. During the course of trial the petitioner

Tmt. Sundari, expired and her legal heirs were brought

on record. Being the legal heirs of the petitioner they

are entitled to receive the compensation.

21. From the evidence of both sides and the

documents filed in support of both sides, it is clear that

the service of the petitioner ends abruptly. The

petitioner having served for about 25 years her service

should not be deprived without holding proper enquiry.

22. In support of fixing compensation to the

petitioner the learned Counsel for the petitioner has

invited this Court attention to the Judgment of Division

Bench of Our Hon’ble High Court in Meenakshi

Sundaram vs. The Presiding Officer and another

reported in 2020 LLR 1003 wherein, Hon’ble High Court

held “since, the services of the appellant had been

terminated, without there being any valid termination

order, we find that interest of justice would be served

by further increasing the compensation from ` l,25,000

to ` 2,00,000”.

23. The learned Counsel for the petitioner has also

invited this Court attention to the Judgment of Hon’ble

Apex Court in Shetty vs. Bharat Nidhi Ltd. case reported

in 1957 II LLJ 696 “that computation has relation only

to the date from which reinstatement of the workman

has been ordered under the award and the Industrial

Tribunal will have to take into account the terms and

conditions of the employment, the tenure of service, the

possibility of termination of employment at the instance

of either party, the possibility of retrenchment by the

employer or resignation or retirement by the workman

and even of the employer himself ceasing to exist”. In

yet another case our Hon’'ble High Court in the

Management of DCM Hyundai Limited vs. The Presiding

Officer, Principal Labour Court, Chennai and others

considering the workmen who has serviced for more

than 5 years of their tenure has come to an end abruptly

as directed the management to pay a sum of ` 2,00,000.

In the present case, the petitioner has claimed

` 10,00,000. This Court is of the considered opinion that

there is no justification for claiming monetary relief of

` 10,00,000 as full and final settlement.

24. This Court has carefully considered that the

petitioner was worked in the leather unit of the

respondent management for about 25 years and her

services come to an end abruptly which has to be

necessarily compensated, this Court have guided by the

case laws discussed above and in the facts and

circumstances of the case deem it fit to award just

compensation of ` 2,00,000 to the petitioners i.e., legal

heirs of the petitioner Tmt. Sundari.

25. In the result, the petition is partly allowed. The

respondent management is directed to pay compensation

of ` 2,00,000 (Rupees two lakh only) 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 17th day of December 2021.

R. BHARANIDHARAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1

— 02-01-2019

Sundari

List of petitioner’s exhibits:

Ex.P1

— 14-09-2017

Photocopy of the Failure

Report.

Ex.P2

— 26-04-2016

Photocopy of the letter

sent by the petitioner.

Ex.P3 —

Photocopy of the ESIC

Card.

Ex.P4

— 28-04-2016

Photocopy of the letter

sent by the petitioner.

Ex.P5

— 24-08-2016

Photocopy of the letter

sent by the petitioner.

Ex.P6

— 03-10-2016

Photocopy of the letter

sent by the petitioner.

Ex.P7

— 30-03-1996

Photocopy

of

the

appointment order issued by

the Management to the

petitioner.

Ex.P8

— 07-05-2016

Photocopy of the circular

issued by the Management.

List of respondent’s witness:

RW.1

— 08-08-2019

Xavier Albin

List of respondent’s exhibits:

Ex.R1

— 30-01-2001

Attested copy of BIFR

Registration

Certificate

bearing Registration No.

359/2000.

Ex.R2

— 07-05-2016

Attested

copy

of

the

circular of the respondent.

204

LA GAZETTE DE L’ETAT

[15 March 2022

Ex.R3

— 05-07-2016

Attested

copy

of

the

circular of the respondent.

Ex.R4

— 14-09-2017

Conciliation Authority’s

letter to the Government of

Puducherry in Registration

No. 679/LO(C).AIL/2016.

Ex.R5 —

Attested

copy

of

the

Attendance Registers for

July 2016, August 2016 and

September 2016.

Ex.R6

— 07-07-2016

Attested

copy

of

the

respondent’s letter to the

Director

of

Industries,

Government of Puducherry.

Ex.R7

— 01-08-2016

Attested

copy

of

the

Endorsement of the District

Industries

Center,

Puducherry

as

per

Endorsement No. 26/DIC/EI/

IGB-VCP/16-17.

Ex.R8

— 23-07-2016

Attested

copy

of

the

Government

of

India,

Ministry of MSME, Udyog

Aadhaar Memo.

Ex.R9 —

Attested

copy

of

Attendance Registers for

June 2016 and October 2016.

Ex.R10 —

Transportation Bills of

various transporters for the

months of June 2016, July

2016 August 2016 and

September 2016 (Nos. 26).

Ex.R11 —

Copy of the ESI card of the

petitioner bearing Insurance

No. 5511076687.

R. BHARANIDHARAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 19/AIL/Lab./T/2021,

Puducherry, dated 9th February 2022)

NOTIFICATION

Whereas, an Award in I.D (L) No. 25/2019, dated

30-12-2021 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the Industrial Dispute between

the management of M/s. Perunthalaivar Kamaraj Krishi

Vigyan Kendra, Kurumbapet, Puducherry and the union

workmen represented by Puducherry State Federation

NR Congress Thozhilalar Sangam, Koundarpalayam,

Puducherry 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 30th day of December 2021.

I.D. (L) No. 25/2019

in

C.N.R. No. PYPY060000412019

1. K. Sumathi

2. S. Ramesh

3. V. Subramani

4. K. Chandira

5. R. Usha

6. K. Papathiammal

7. M. Veerappan

8. A. Sasireka

9. C. Mangalatchumy

10. A. Muthulakshmi

11. E. Loganayagi

12. P. Krishnaveni

13. D. Valli @ Rani

14. J. Ilamathi

15. S. Umamaheswari

16. G. Suresh

17. R. Narayanan

18. R. Ramar

19. V. Ariraman

20. A. Malathi

205

15 March 2022]

LA GAZETTE DE L’ETAT

21. A. Janarthanan

22. R. Sulochana

23. S. Gunavathi

24. N. Gandhimathi

25. K. Premkumari

26. T. Karnan

27. D. Datchinamoorthy

28. R. Sethuraman

29. S. Jayaganesh

30. P. Ranjith

31. M. Suresh

32. D. Arul

33. R. Murugan

34. S. Manimegalai

35. B. Babishila

36. E. Punniavalli

37. C. Ramesh

38. M. Purushothaman

39. R. Balaji

40. B. Vignesh .

41. R. Vinothkumar

42. M. Senthamarai

43. A. Santhammal

44. P. Balavinayagam

45. P. Thairiyalakshmi

46. M. Thamizhvani

47. A. Vennila

48. K. Sundaramurthy

49. K. Pazhanivel

50. S. Rasu

51. D. Kalaivani

52. R. Ammumuthammal

53. P. Janakulatchumy

54. R. Saravanan

55. A. Lingammal

56. S. Velvizhi

57. S. Saritha

58. J. Sheela

59. D. Latchumy

60. K. Devi

61. S. Sarala

62. J. Vanaja

63. L. Indhumathi

64. S. Ambiga

65. S. Parthasarathi

66. C. Vimala

67. R. Ravisankar

68. G. Poorani

69. S. Jayagirija

70. B. Emabin

71. N. Nithiya

72. R. Dhanalakshmi

73. V. Dinakaran

74. N. Ezhilarasan

75. K. Sudhagar

76. S. Baskaran

77. K. Manavalan

78. S. Vijaya

79. S. Sathiya

80. A. Raja

81. M. Rajakumari

82. S. Manibalan

83. M. Jayalakshmi

84. P. Sumithra

85. P. Santhi

86. N. Pushpa

87. S. Selvamani

88. A. Kavithalatchumy

Represented by The President,

Puducherry State Federation NR Congress

Thozhilalar Sangam,

No. 61/2, Vazhudavur Road

Opp. to Aswini Hospital,

First Floor, Koundarpalayam,

Puducherry.

. . Petitioners

Versus

The Principal-cum-Programme Coordinator,

Perunthalaivar Kamaraj Krishi Vigyan Kendra,

Kurumbapet, Puducherry.

. . Respondent

This industrial dispute coming on 22-12-2021 before

me for final hearing in the presence of Thiruvalargal

K. Velmurugan and P. Preethi Counsels for the petitioners,

Thiru M. Nakeeran, Counsel for the respondent, the

respondent being called absent and set exparte, upon

hearing the petitioner and perusing the case records,

this Court delivered the following:

206

LA GAZETTE DE L’ETAT

[15 March 2022

AWARD

This Industrial Dispute arises out of the reference

made by the Government of Puducherry vide G.O. Rt.

No. 71/AIL/Lab./T/2019, dated 09-05-2019 of the Labour

Department Puducherry, to resolve the following dispute

between the petitioners and the respondent viz.,

(a) Whether

the

dispute

raised

by

the

Union workmen represented by Puducherry State

Federation NR Congress Thozhilalar Sangam,

Koundanpalayam, Puducherry, against the management

of M/s. Perunthalaivar Kamaraj Krishi Vigyan Kendra,

Kurumbapet, Puducherry, over regularization of

88 daily rated employees as listed in Annexure-I

is Justified or not? If justified, what relief the

workmen are entitled to?

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

of money if, it can be so computed?

2. Brief averments made in the claim Statement of

the petitioner:

The respondent organization was established in

the year 1974 and functioning under the control of

Government of Puducherry. The respondent

organization is having about 250 Acres of land in

which they are carrying out Agricultural Research

and also cultivation activities. On account of the

vacancies arose in the respondent organization due

to Superannuation of the senior workers and also due

to establishment of new branches the 88 workers

who are represented by the petitioner union was

appointed by the respondent organization from the

year 2008-2015. All the petitioners worked for more

than 240 days in every year without any bad remarks.

The respondent organization without filling up the

permanent posts has employed the petitioners on

daily rated basis and extracting their work for about

10 years with minimum wages. Besides several

representations given by the petitioners the

respondent has not regularised the services of the

petitioner moreover, the respondent has not extended

the benefits of ESI and EPF to the petitioners. The

respondent has also not issued identity card to the

petitioners hence, the petitioners union has

submitted the representation, dated 29-07-2016 to the

Labour Officer (Conciliation), Puducherry for suitable

action. On the respondent side they have filed reply

statement, dated 30-05-2017, 10-08-2018. The

Conciliation ended in failure and the failure report,

dated 11-11-2019 was submitted by the Labour Officer

(Conciliation), to the Government of Puducherry. All

the petitioners were worked with the respondent

organization for more than 240 days in every year

from the date of their appointment. The respondent

organization without regularising the services of the

petitioners has utilized their hard work for about 10

years which is illegal and against the principle of

estopel. Hence, the petitioner pray for passing of an

Award directing the respondent organization to

regularization of services of the 88 workmen whose

details are given in the Annexure.

3. Points for consideration:

(i) Whether the 88 daily rated employees working

with Perunthalaivar Kamaraj Krishi Vigyan Kendra,

Puducherry are entitled for regularization?

4. On the respondent side they have entered

appearance and subsequently respondent was

set ex parte. On the petitioner side Tvl. K. Mohandoss,

s/o. Karunakaran, was examined in Chief and through

him EX.Pl to EX.P5 were marked.

5. In the evidence of PW.1 he has deposed that all

the 88 workers are appointed by the respondent

management from the year 2008-2015 onwards. Ever

since, the date of appointment the workers were

discharged their duties honestly without any black mark

whatsoever. The respondent management without taking

steps who regularise the services of the petitioner as

extracted work for more than 10 years with minimum

wages. Aggrieved over the same the petitioner has

preferred a representation, dated 29-07-2016 to the

Labour Officer (Conciliation), Puducherry, but, the same

was not fructified. Based on the failure report filed by

the Labour Officer (Conciliation), Puducherry, the

present case was referred to the Court by the

Government for adjudication. The petitioner further

deposed that there about 88 vacancies available with

the respondent management, but, they have not chosen

to regularize the services of the petitioners and still

keeping them as daily wages workers which is against

the established principles of Labour jurisprudence. The

petitioner pray for regularising the service of the 88

workmen.

6. Ex.P1, dated 29-07-2016 is the representation

submitted by the Union to the Labour Officer

(Conciliation), Puducherry and Ex.P2 is the counter

statement filed by the respondent management wherein,

they have stated that the petitioners failed to establish

in the petition that there exists an Industrial Dispute

between the petitioner and the respondent and the

petitioners were engaged only on daily rate basis and

they are seasonal labourers and not against any vacant

post and therefore, they are not entitled to claim the

benefit of regularization with the respondent

management. Ex.P3 is the failure report, dated 11-01-2019

207

15 March 2022]

LA GAZETTE DE L’ETAT

submitted by the Labour Officer (Conciliation),

Puducherry. Ex.P4 is the Government Gazette and Ex.P5

is the details of labours engaged as casual labours after

27-02-2009. In Ex.P5 list there are about 128 names were

identified. However, the petition is filed by union only

in respect of 88 persons.

7. The respondent has not denied that the petitioners

were engaged with respondent from the year 2008-2015

regularly till date. The learned Counsel for the petitioner

submit that all the petitioners were engaged by the

respondent for more than 240 days every year and they

are entitled for regularization. This Court has carefully

considered the submission made by the learned Counsel

for the petitioners and documents filed in respect of the

contention. The petitioners were engaged in the

respondent management from the year 2008-2015 and

they are regularly engaged for the Agricultural work

which is perennial in nature.

8. Under section 2(s) of the Industrial Disputes Act

“workman” means, any person (including an apprentice)

employed in any industry to do any manual, unskilled,

skilled, technical, operational, clerical or supervisory

work for hire or reward, whether the terms of

employment be express or implied and for the purposes

of any proceeding under this Act in relation to an

industrial dispute, includes any such person who has

been dismissed, discharged or retrenched in connection

with, or as a consequence of, that dispute, or whose

dismissal, discharge or retrenchment has led to that

dispute”.

9. All the petitioners were worked for more than 240

days in each calendar year ever since, date of entry into

service hence, they have the protection under section

25-F of the Industrial Disputes Act. The learned

Counsel for the petitioner has invited this Court

attention to the Judgment rendered by Hon’ble Apex

Court reported in 2003(4) LLN 425 BC (Uttar Pradesh

Drugs and Pharmaceuticals Company Limited vs.

Ramanuj Yadav and others relied on by the Counsel for

the management is extracted hereunder:

“The decision in the case on Mohan Lal does not

lay down that if, a workman had worked for more than

240 days in any number of years and if, during the

year of his termination, he had worked for the said

number of days, he would not be entitled to the

benefit of S.25 B. The question with which we are

concerned was not under consideration in Mohan Lal

case. If, the view-point propounded by the management

is accepted, then in every year the workman would

be required to complete more than 240 days. If, in

anyone year the employer gives him actual work for

less than 240 days, the service of the workman can

be terminated without compliance of S.6N of the UP

Act, despite his having worked for number of years

and for more than 240 days in each year except the

last. Such an intention cannot be attributed to the

UP Act.”

“From the above decision, the Apex Court makes

it clear that section 25-B(2)(a) of the I.D. Act protects

the workman who rendered more than 240 days of

service in any of the years preceding the 12 months

from the date of the termination, but, failed to render

240 days of service in the last 12 months preceding

the date of termination”. “I have therefore, no

hesitation to hold that the termination of the

petitioner is illegal and void abinitio. The Award of

the Labour Court holding otherwise is erroneous and

is liable to be set aside.

10. The learned Counsel for the petitioner has

invited this Court attention to the Judgment of Hon’ble

Apex Court reported in (2008) 2 Supreme Court Cases

552 Chandra Shekhar Azad Krishi Evam Prodyogiki

Vishwavidyalaya vs. United Trades Congress and

Another held “A feeble attempt, however, was made by

the learned Counsel appearing on behalf of respondent

2 to state that he had been appointed against a

permanent vacancy. In his written statement, he did not

raise any such contention. It does not also appear from

the records that any offer of appointment was given to

him. It is inconceivable that an employee appointed on

a regular basis would not be given an offer of

appointment or shall not be placed on a scale of pay.

We, therefore, have no hesitation in proceeding on the

premise that Respondent 2 was appointed on daily

wages. The Industrial Court in passing the impugned

award proceeded on the premise that Respondent 2 had

been working for more than 240 days continuously from

the date of his engagement. It is now trite that the same

by itself does not confer any right upon a workman to

be regularized in service. Working for more than 240

days in a year was relevant only for the purpose of

application of Section 6-N of the U.P. Industrial

Disputes Act, 1947 providing for conditions precedent

to retrench the workmen. It does not speak of

acquisition of a right by the workman to be regularized

in service”.

11. From the discussions above made this Court is

of the considered opinion that the petitioners were

established that they are workmen as defined under

section 2(s) of the Industrial Disputes Act. There is no

objection raised by the respondent that the petitioners

were worked for more than 240 days every year from

the date of their appointment. Moreover, the nature of

208

LA GAZETTE DE L’ETAT

[15 March 2022

work is perennial in nature and there is also regular

vacancy available with the respondent management.

This Court is of the considered opinion that the services

of the petitioners must be regularized by the respondent

management as per the provisions of the Industrial

Disputes Act and as per the established principles of

labour laws.

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

respondent management is directed to regularize the

services of 88 petitioners represented by Puducherry

State Federation NR Congress Thozhilalar Sangam,

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 30th day of December 2021.

R. BHARANIDHARAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1

— 14-12-2021

Mohandoss

List of petitioner’s exhibits:

Ex.P1

— 29-07-2016

Xerox

copy

of

the

representation given by the

petitioner to the Labour

Officer

(Conciliation),

Puducherry.

Ex.P2

— 30-05-2017

Xerox copy of the reply

submitted by the respondent

to the Labour Officer

(Conciliation) Puducherry.

Ex.P3

— 11-01-2019

Xerox copy of the failure

report submitted by the

Labour Officer (Conciliation),

Puducherry.

Ex.P4

— 19-11-2013

Xerox copy of the Official

Gazette

of

Puducherry

publishing

the

Award

passed by this Court in I.D.

No. 32/2011.

Ex.P5

— 29-01-2015

Xerox copy of the RTI reply

containing

details

of

appointment

of

the

petitioner

workmen

in

respondent

management

issued by the respondent.

List of respondent’s witness: Nil

List of respondent’s exhibits:

Nil

R. BHARANIDHARAN,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 23/Lab./AIL/T/2022

Puducherry, dated 18th February 2022)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. Tex Bond Nonwovens, R.S.No. 2/1, 2/2, Plot

No. A-27-30, PIPDIC Electronic Park, Thirubuvanai,

Mannadipet Commune, Puducherry-605 107 and

Tmt. P, Jagathambal and 11 others, over payment of full

and final settlement in lieu of 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 Secretary to Government

(Labour) that the said dispute be referred to the

Industrial Tribunal, Puducherry, for adjudication. The

Industrial Tribunal, 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. The party raising the dispute shall file a statement

of claim complete with relevant documents, list of

reliance and witnesses to the Labour Court, Puducherry,

within 15 days of the receipt of the order of reference

and also forward a copy of such statement to each one

of the opposite parties involved in the dispute.

ANNEXURE

(a) Whether the industrial dispute raised by the

12 women workers against M/s. Tex Bond

Nonwovens, R.S.No. 2/1, 2/2, Plot No. A-27-30,

PIPDIC Electronic Park, Thirubuvanai, Mannadipet

Commune, Puducherry-605 107, over full and final