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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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No.

21 Poudouchéry

Mardi

24

Mai

2022 (3 Jyaistha 1944)

No.

Puducherry

Tuesday

24th

May

2022

ÿ√VÚ·¶¬ÔD

SOMMAIRES

CONTENTS

√¬ÔD

Page

Page

∂´∑ ∂§s¬ÁÔÔ^

..

376

Notifications du Gouvernement

.. 376

Government Notifications

..

376

g√›>V™ WÆk™∫Ô^

..

388

Etablissements dangereux

.. 388

Dangerous Establishments

..

388

ƒVu≈§¬ÁÔÔ^

..

389

Annonces

.. 389

Announcements

..

389

376

LA GAZETTE DE L’ETAT

[24 May 2022

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE SUB-COLLECTOR (REVENUE) SOUTH, VILLIANUR

No. 2978/SCRS/LR/C1/2008-09/1393.

Puducherry, the 28th April 2022.

PROCEEDINGS OF THE AUTHORIZED OFFICER (LAND REFORMS)

Present : Rishita Gupta, I.A.S.,

Sub-Collector (Revenue) South-cum-Authorised Officer (Land Reforms).

Read

: 1. Publication of Notification under section 17(1) in the Extraordinary Gazette No. 9, dated

12-01-1976.

2. L.T.C.M.A Order, dated 10-03-1976 in the Court of the Principal Subordinate Judge,

Pondicherry.

3. Proclamation Order, dated 22-09-2009 of the Authorised Officer (Land Reforms).

4. Order, dated 26-08-2021 in W.P.No. 8020 of 2021 in the High Court of Judicature at Madras.

5. Legal Opinion, dated 17-12-2021 of the Additional Government Pleader for Puducherry,

High Court, Chennai.

6. Letter, dated 19-01-2022 of the Government Pleader for Puducherry, High Court, Chennai.

7. Opinion of the Law Department, Puducherry vide I.D.Note, dated 10-02-2022.

ORDER

Whereas, Land Reforms proceedings had been initiated to acquire surplus holdings of Tmt. Pauline Xavery,

w/o. Raymond Xavery of Thirukanchi Revenue Village under the Pondicherry Land Reforms (Fixation of Ceiling on

Land) Act, 1973.

2. The brief history of the course of Land Reforms proceedings is detailed below:

On Scrutiny of the Revenue Records, it was found that Tmt. Pauline Xavery, w/o. Raymond Xavery of

Thirukanji Revenue Village is holding land in excess of ceiling limit and the Authorised Officer issued summon to

the Assessee Tmt. Pauline Xavery on 22-04-1975 to file a return in respect of her holdings in the Union territory of

Puducherry on and from the appointed day i.e., 24-0l-1971 with all the required particulars under the section 8 (1)

of the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973. In response to the summon served, the

assessee had filed the return in Form-2 declaring her family land holding to an extent of 09-95-95 Ha. at Thirukanji

Revenue Village. But, the scrutiny of the revenue records highlighted that the land stands registered in the name of

Tmt. Pauline Xavery, w/o. Raymond Xavery, her son Thiru George Emile Xavery, s/o. Raymond Xavery and her

daughter Josaline Xavery, d/o. Raymond Xavery. Hence, the assessee Tmt. Pauline Xavery was summoned for enquiry

by the Authorised Officer to assess surplus holdings as per the extent and rules therein.

During the enquiry, Tmt. Pauline Xavery had stated that the entire property had been inherited from her

father Thiru Rayappan Xavery and partition was effected on 23-12-1968 among the family members i.e., between

herself, her son Thiru George Emile Xavery and her daughter Josaline Xavery. Further, the assessee stated that her

son was major on the date of partition itself, hence, his share may be excluded and her daughter being unmarried as

on the appointed day i.e., 24-0l-1971, her share may be included in calculating the total extent of land held by the

family.

Accordingly, on perusal of the documents and on consideration of the request, the Authorized Officer

had declared that the total extent of land held by the family Tmt. Pauline Xavery as on appointed day is 6.5475 Std.

Hectares and thus family headed by Tmt. Pauline Xavery is having the land in excess of the ceiling area prescribed

under the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973.

377

24 May 2022]

LA GAZETTE DE L’ETAT

3. Subsequently, the Authorised Officer had published draft statement under section 9 (5) notifying that

the land to an extent 12-96-55 Ha. which is equivalent to 6.00 Std. Hectares in Thirukanchi Revenue Village to be

declared as retention portion of the assessee within the ceiling limit and the land to an extent 1-64-25 Ha. equivalent

to 0.5475 Std. Hectares in Thirukanchi Revenue Village to be declared as surplus portion, vide Extraordinary Gazette

No. 170, dated 01-10-1975.

4. Whereas, after receipt of the Gazette copy of the draft statement notified under section 9 (5) of the Act,

the Assessee filed an objection statement before the Authorised Officer on 03-11-1975 stating that under section 4 (4)

of the Act it is provided that “in calculating the extent held by any person, any land which was transferred by sale,

gift or otherwise or partitioned by that person after the appointed day, but, before the commencement of this act,

shall be taken into account as if, such land had not been transferred or partitioned as the case may be” and as such

the properties were partitioned before the appointed day and before the commencement of the act, her daughter’s

share shall be excluded from the total holding, if it is so, there will not be any surplus portion as per the act.

5. Whereas, after conducting due enquiry under section 9(6) of the Act, the Authorised Officer had overruled

the objection raised by the assessee on the ground that her daughter Tmt. Jospine Xavery was unmarried as on

24-01-1971 and as per section 2(10), read with section 4(2) of the Act, “Family means, the person, the wife or husband

as the case may be and his or her minor sons and unmarried daughters and all the lands held individually by the

member of a family or jointly by some or all the members of such family shall be deemed to be held by the family.”

Hence, the Authorised Officer stated that the property standing in the name of her unmarried daughter Jospine

Xavery had been rightly included in the holdings of the family as per the Act.

6. Whereas, the Government vide G.O. Ms. No. 1, dated 01-01-1976 had approved to notify the final statement

under section 17(1) of the Act in Form-13 and the Authorised had effected publication in the Extraordinary Gazette

No. 9, dated 12-01-1976 notifying that the surplus land specified in the below Schedule is required for a public

purpose and accordingly, the notification was served to the assessee and also published in the notice-board of

Villianur Commune Panchayat and Villianur Sub-Taluk Office as a information to the public that the surplus land is

required for public purpose.

THE SCHEDULE

1. Serial Number

: 1

2. Name and address of the Holder of the Surplus land : Tmt. Pauline Xavery, w/o. Raymond Xavery,

No.73-A, Nidarajapayar Street, Puducherry.

3. Region

: Puducherry

4. Taluk

: Villianur Sub-Taluk

5. Village

: Thirukanchi

Survey No.

Government

Wet or Dry

Extent

Assessment

Boundaries

or Inam

(H-A-C)

(` P)

6

7

8

9

10

11

219 – bis 1/2 pt.

----

Dry

1-64-25

8.43

N : 339,338 and 219 – bis 2/2

S : Canal

E : 214 – bis, 212 – bis and 211 – bis

W: 339

7. And whereas, Aggrieved by the order of the Authorized Officer, the assessee had preferred appeal before

the Land Tribunal in LTCMA 3 of 1976. The Land Tribunal in it’s order, dated 10-03-1976 allowed the appeal and

ordered as follows:

“The lands held by Josseline Marie Savary, daughter of Pauline Savary and wife of Jean Mare Rene

Ambou as contained in Part-III of the Partition Deed, dated 23-12-1968 are ordered to be excluded from the

lands of Mrs. Pauline Savary”.

378

LA GAZETTE DE L’ETAT

[24 May 2022

8. And whereas, the Authorized Officer against the LTCMA order, preferred Civil Revision Petition before

the Hon’ble High Court, Chennai vide SR. No. 41210 of 1976.

9. And whereas, the Authorised Officer issued proclamation under Rule 22 of the Pondicherry Land Reforms

(fixation of ceiling on land and disposal of surplus lands) Rules, 1975 that the surplus lands acquired to an extent of

1-64-25 Ha., equivalent to 0.5475 Standard Hectares in Survey Number 219-bis 1/2 pt. (Correlating to R.S. No. 99/2A/1) of

Thirukanchi Revenue Village are declared as surplus and it is required for public purpose and deemed to be vested

with the Government free from all encumbrances vide order, dated 22-09-2009 of the Authorised Officer (Land Reforms).

10. And whereas, aggrieved by the proclamation order of the Authorized Officer, a Writ Petition in

W.P.No. 8080 of 2012 has been filed by the purchaser of the surplus land Thiru P.A. Vasudevan, challenging the

proclamation order proceedings of the Authorised Officer, dated 22-09-2009. Wherein, the Hon’ble Madras High

Court has ordered as follows in its judgment, dated 26-08-2021.

“Accordingly the order, dated 22-09-2009 passed by the third respondent in proceedings No. 2978/SCRS/

LR/C1/2008-09 is hereby quashed. The respondents are directed to restore the revenue records in favour of the

petitioner herein within a period of two weeks from the date of the receipt of a copy of this Order”.

11. And whereas, the Additional Government Pleader for Puducherry, High Court, Chennai, has given the

legal opinion as follows:

“It is not a fit case for filing Writ Appeal. However, in the event of successfully tracing the status of

Civil Revision petition and found pending with the Hon’ble High Court, writ appeal or review can be filed against

the order, dated 26-08-2021 passed in W.P No. 8080 of 2012”.

12. And whereas, the status of civil revision petition couldn’t be traced in this office and in the office of

the Government Pleader for Puducherry, High Court, Chennai, and also unlikely to trace it in the registry as the case

is a very old one almost 4½ decades old.

13. And whereas, Law Department, Government of Puducherry, has opined as follows:

“it is pertinent to state that due to non-preference of appeal in the said Land Reforms case, the order of

the Land Tribunal has attained finality and continue to prevail as on date and binding on the respondents. Hence,

this Department is of the view that there is no scope for filing an appeal against the order of the Hon’ble Single

Judge in the abovesaid Writ Petition. In view of the above, the order of the Single Judge, Hon’ble High Court of

Judicature at Madras may be compiled with by restoring the revenue records in favour of the petitioner.”

14. Now, therefore, in compliance with the LTCMA order, dated 10-03-1976 and order, dated 26-08-2021 of

the Hon’ble Madras High Court and in view of the facts stated above, I, Rishita Gupta, I.A.S., Sub-Collector (Revenue)

South-cum-Authorised Officer (Land Reforms), hereby order that the Land Reforms proceedings initiated against

Tmt. Pauline Xavery, w/o. Raymond Xavery of Thirukanchi Revenue Village under the Land Reforms (Fixation of

Ceiling on Land) Act, 1973, shall be treated as withdrawn.

RISHITA GUPTA, I.A.S.,

Authorised Officer (Land Reforms).

————

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LA GAZETTE DE L’ETAT

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————

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF HINDU RELIGIOUS

INSTITUTIONS AND WAKF

(G.O. Ms. No. 24/CHRI/T.2/2022/88,

Puducherry, dated 4th May 2022)

NOTIFICATION

Whereas, Sri Venkateswara Devasthanam, Group of

Temple, Yanam, was administered by Thiru Shivaraj

Meena, then Regional Administrator, Yanam vide Order

No. 1221/Secretary (TCP, HSG and HRI)/2020 dated,

24-08-2020 of the Secretary, Hindu Religious Institutions,

Puducherry.

2. And whereas, it is necessitated for the constitution

of a new Board of Trustees to administer the affairs of

the said Devasthanam effectively.

3. Now therefore, in exercise of the power conferred

under sub-section (1) & (1A) of section 4 of the

Puducherry Hindu Religious Institution Act, 1972, the

Government hereby constitute immediately the Boards

of Trustees to Sri Venkateswara Devasthanam, Group of

Temple, Yanam, as follows:-

(1)

Thiru Kapaganti Uma Shankar,

. .

President

S/o. Kapaganti Pullaiah,

No. 1-534, Radha Nagar,

Yanam-533 464.

(2)

Thiru Yalla Meerayya,

. .

Vice-

S/o. Yalla Venkata Reddy,

President

D. No. 2-3-005, Ambedkar Nagar,

Yanam-533 464.

(3)

Thiru Akula Nageswara Rao,

. .

Secretary

S/o. Narayana,

No. 2/7, 008, Golagabathulavari

Street, Yanam-533 644.

(4)

Thiru Kada Venkateswara Rao, . .

Treasurer

S/o. K. Vadapatti,

D. No. 4-558, Kakivari Street,

Yanam-533 464.

380

LA GAZETTE DE L’ETAT

[24 May 2022

(5)

Tmt. Gandham Mahalakshmi,

. .

Member

W/o. Gandham Sankara Rao,

4-7-018, Sitarama Street,

Yanam-533 464.

5. The Board shall administer the said Devasthanam

as envisaged in the provisions of the Puducherry Hindu

Religious Institutions Act, 1972, and the rules framed

thereunder. Further some important duties and

responsibilities of Trustees are given below:

(i) Submission of Annual Report by the Trustees

for maintenance of the temples as mandated under

rule 13 including vacant areas adjacent and

belonging to the temple and desilting/cleaning

of temple ponds.

(ii) Make efforts to undertake works under

Shramdaan as per rule 13 (9).

(iii) Timely submission of annual budget as per

section 13 of the Act.

(iv) Maintenance of accounts and carrying out

of audit, as contained in sections 14 to 17 of the Act.

(v) Shall render such duties as may be entrusted

and contained in rule 5.

6. The trustees of the abovesaid Board shall hold

office for a term of three years from the date of issue of

this order unless they are removed or disqualified or their

resignations are accepted of otherwise they cease to be

the Members of the Board.

(By order of the Lieutenant-Governor)

A. SIVASANKARAN,

Under Secretary to Government (Temples).

————

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF HINDU RELIGIOUS

INSTITUTIONS AND WAQF

(G.O. Ms. No. 26/US(Waqf)/T.10/2022/95,

Puducherry, dated 09th May 2022)

ORDER

In exercise of the powers conferred by section 2 of

the Kazis Act, 1880 (Central Act XII of 1880), the

Lieutenant-Governor, Puducherry, hereby appoints

Shri. P. Mohamed Sultan Maricar, son of Packir Shaib

Maricar, residing at No. 65, Duplex Street, Karaikal, to

be another Kazi for Karaikal of the Union territory of

Puducherry until further orders.

2. The Kazi shall ensure that all records shall

properly be maintained.

(By order of the Lieutenant-Governor)

A. SIVASANKARAN,

Under Secretary to Government (Waqf).

GOVERNMENT OF PUDUCHERRY

DIRECTORATE OF SCHOOL EDUCATION

(SECRETARIAT WING)

(G.O. Ms. No. 02, Puducherry, dated 09th May 2022)

NOTIFICATION

On attaining the age of superannuation the following

Vice-Principals are admitted into retirement with effect

from the afternoon of 31-05-2022.

Sl.

Name of the

Name of the

No.

Vice-Principal

Institution

(1)

(2)

(3)

Thiru/Tmt.:

1

M. Rajasekaran

Theerar Sathiamurthy Government

Higher

Secondary

School,

Murungapakkam, Puducherry.

2

S. Satyavathi

M.O.H.

Farook

Maraicar

Government Girls’ Higher

Secondary School, Kalapet,

Puducherry.

3

B. Bhanumathi

Kannagi Government Girls’

Higher

Secondary

School,

Villianur, Puducherry.

4

R. Parthiban

Indira Gandhi Government

Higher

Secondary

School,

Indira Nagar, Puducherry.

(By order)

V. SOUMYA,

Under Secretary to Government

(School Education).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 70/Lab./AIL/T/2022,

Puducherry, dated 10th May 2022)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management of

M/s. Larsen & Toubro Private Limited, (Timber Shop

Unit) Karasur, Puducherry and L&T Jananayaga

Thozhilalargal Sangam, over illegal retrenchment of 129

workers at L&T (Timber Shop Unit), Karasur, 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;

381

24 May 2022]

LA GAZETTE DE L’ETAT

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 (d) of sub-section (1) of section 10

of the Industrial Disputes Act, 1947 (Central Act XIV

of 1947), it is hereby directed by the 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

Industrial Tribunal, 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 any employer - employee relationship

exists between the 129 retrenched workmen

(Annexure-A) and the management of M/s. Larsen &

Toubro Private Limited (Timber Shop Unit), Karasur,

Puducherry?

(b) Whether the dispute raised by the Petitioner's

Union L&T Jananayaga Thozhilalargal Sangam

(Affiliated with AICCTU), over retrenchment of

129 workers (as mentioned in the Annexure) during

the year 2018 by the management of M/s. Larsen &

Toubro Private Limited (Timber Shop Unit), Karasur,

Puducherry, is legal and justified? If, justified, give

appropriate directions?

(c) To what relief the 129 retrenched workmen,

represented by the L&T Jananayaga Thozhilalargal

Sangam (Affiliated with AICCTU), are entitled to?

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

of money if, it can be so computed?

(By order)

D. MOHAN KUMAR,

Under Secretary to Government (Labour).

ANNEXURE

List of 129 Retrenched Workmen

Sl. No.

Name of the Contract Workmen

(1)

(2)

1

S. Sridhar

2

I. Anandhan

3

I. Kalaivanan

4

S. Baskar

5

D. Murugan

6

C. Ayyanar

7

J. Dipankar Manna

8

M. Kishor Kumar Sety

9

B. Tapas Bera

10

Goutham

11

Iyappan

12

R. Rakesh Chandra Sethi

13

Manikandan

14

D. Sunil Kumar Doss

15

P. Krishna Sharma

16

A. Swapan Nayak

17

Rajendrakumar

18

S. Ponnidoss

19

P. Iyyappan

20

Venketesan

21

Arumugam

22

D. Palanivel

23

V. Senthil

24

R. Surajith Bera

25

L. Jakesh Kumar

26

L. Ramesh Sing

27

N. Goutam Pahari

28

Suny Kumar

29

Arul Kumar

30

R. Rinku Baral

31

Murugavel

32

K. Ranjithkumar

33

T. Sanmugarajan

34

Bijayakumar Mallik (Shesadeb Sethy)

35

R. Raja Baral

36

R. Perumal

37

M. Ramakrishnan

38

R. Yuvaraj

39

V. Velu

40

A. Gangachalam

41

M. Ramar

42

S. Dhineshkumar

(1)

(2)

382

LA GAZETTE DE L’ETAT

[24 May 2022

43

C. Veeramuthu

44

R. Kaliyamoorthy

45

S. Giridarikumar Bhara

46

P. Gajindra Gadatya

47

R. Srimata Maity

48

Ramasamy

49

Ilayaraj

50

N. Biswanath Das

51

R. Rajkishor Nayak (Raju Naik)

52

Seenuvasan

53

Gugan

54

Arun

55

Thiilai Govindan

56

K. Anbarasan

57

A. Peeterpandyaraj

58

P. Iyyanar

59

D. Karthikeyan

60

R. Kartik Chandra Das

61

P. Sukdevmirdha

62

K. Arabinda Maity

63

B. Ratan Mirdha

64

Gurai Bera

65

Kamal Kurla

66

S. Murugaiyan

67

D. Deventhiran

68

Lenin

69

Sudhakar

70

G. Natarajan

71

I. Munusamy

72

Balamurugan (Neelamegam)

73

D. Moorthy

74

R. Suresh

75

K. Jeyakumar

76

K. Sundharajan

77

S. Raja

78

S. Rajakumar

79

E. Gnanaprakasam

80

P. Kumar

81

A. Shivkumar

82

A. Dipakumar Nayak

83

Prasanjit Bhuniya

84

Ramkumar Sundar

85

R. Suresh

86

S. Ranjan Kumar

87

B. Sunakar Swain

88

R. Rakesh Lenke

89

K. Manikkannan

90

S. Dhivyanathan

91

P. Govindhan

92

K. Prabakaran

93

S. Sakthivel

94

Abhimanu Das

95

Bakiya Raj

96

Senthil

97

Narayanasamy

98

Senthil

99

V. Gopalakrishnan

100

G. Upendra Mohanthy

101

S. Ilayaraja

102

P. Chandrakumar

103

A. Sukadevmirdha

104

P. Suni Suter

105

A. Arjun Luha

106

Sasidharan

107

Sundaran Krishnan

108

Subash

109

Balaji

110

Surya

111

K. Tamizharasan

112

A. Elumalai

113

Pradap

114

P. Babu

115

P. Anilsutar

116

T. Tapas Kapat

117

Mohan Raj

118

Sathish

119

D. Arul (Arumugam)

120

M. Jagathesan

(1)

(2)

(1)

(2)

383

24 May 2022]

LA GAZETTE DE L’ETAT

121

K. Vijayakumar

122

N. Velmurugan

123

P. Dhanajeyan

124

Ashok

125

Ulaganathan

126

Jayakumar

127

A. Sudhakar

128

S. Sathish

129

N. Elayaraja

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 71/Lab./AIL/T/2022,

Puducherry, dated 10th May 2022)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management of

M/s. Larsen & Toubro Private Limited, Karasur, Puducherry

and L&T Jananayaga Thozhilalargal Sangam (Affiliated

with AICCTU), over closure of Timber Shop Unit at

Karasur 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 (d) of sub-section (1) of section 10

of the Industrial Disputes Act, 1947 (Central Act XIV

of 1947), it is hereby directed by the 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

Industrial Tribunal, 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 any employer - employee relationship

exists between 57 workmen affected due to closure

(as mentioned in the Annexure) and the management

of M/s. Larsen & Toubro Private Limited Timber

Shop Unit, Karasur, Puducherry?

(b) Whether the dispute raised by the Petitioner's

Union L&T Jananayaga Thozhilalargal Sangam, over

closure of Larsen & Toubro Private Limited, Timber

Shop Unit at Karasur Village, Puducherry, with effect

from 10-02-2021 is legal and justified? If justified, to

give appropriate directions?

(c) To what relief the 57 workmen affected due to

closure of the Timber Shop Unit represented by the

L&T Jananayaga Thozhilalargal Sangam (Affiliated

with AICCTU) are entitled to?

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

of money if, it can be so computed?

(By order)

D. MOHAN KUMAR,

Under Secretary to Government (Labour).

ANNEXURE

List of 57 Workmen Affected due to Closure

Sl. No.

Name of the Workmen

(1)

(2)

1

P. Selvam

2

V. Thiagarajan

3

D. Karunamoorthi

4

S. Gurumoorthy

5

R. Pattabi

6

S. Mohan Dass

7

S. Pachamuthu

8

R. Elumalai

9

A. Muthaiyan

10

R. Ayyanar, S/o. Ramachandran

11

P. Somasuntharam

12

T. Mohan Doss

13

V. Veerappan

14

A. Pilvendiran

15

E. Palani

16

G. Prabagaran

17

R. Ayyanar, S/o. Rajalingam

(1)

(2)

384

LA GAZETTE DE L’ETAT

[24 May 2022

18

K. Gnanapragasam

19

G. Dhanasekaran

20

G. Sakthivel

21

H. Sankar

22

M. Suresh

23

V. Azhagammal

24

M. Ganga

25

D. Banumathi

26

T. Valarmathi

27

M. Mangavartha

28

R. Kullapattu

29

J. Pachaiyammal

30

E. Kullammal

31

N. Meena

32

K. Sithammal

33

K. Navammal

34

M. Chandira

35

G. Porselvi

36

K. Anjalachi

37

M. Kala

38

P. Neela

39

R. Kanniyammal

40

S. Rukmani

41

K. Chanthira

42

K. Jayabharathi

43

A. Valli

44

M. Thamarai Selvi

45

S. Anandhi

46

A. Sumathi

47

A. Saroja

48

A. Mani

49

Mani

50

Pondiayan

51

Kumar

52

Sadhasivam

53

Dhayalan

54

Moovendhan

55

Krishnamoorthi

56

lyyanar

57

Panneerselvam

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT

(WORKS)

(G.O. Ms. No. 51, Puducherry, dated 11th May 2022)

NOTIFICATION

On

attaining

the

age

of

superannuation,

Thiru V. Chitrarasu, Assistant Engineer, holding the

current duty charge of the post of Executive Engineer

and deputed to Puducherry Slum Clearance Board,

Puducherry, is admitted into retirement on the afternoon

of 31-05-2022.

(By order)

P. EJOUMALE,

Under Secretary to Government

(Works).

————

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF ANIMAL HUSBANDRY AND

ANIMAL WELFARE

No. 2504/DAH & AW/Estt./A1/RTI/2022/425.

Puducherry, dated 11th May 2022.

NOTIFICATION

In supersession of the earlier orders, the Competent

Authority, in pursuance of the provision contained in

section 5(1) and 5(2) of the Right to Information Act,

2005, has redesignated the following Officers as Public

Information Officers and First Appellate Authority in

respect of the regions mentioned against them:

Sl.

Designation of the

Region

No.

Public Information

Officer/First Appellate

Authority

(1)

(2)

(3)

Public Information Officers

1

Joint Director,

Puducherry region

(Livestock Health).

2

Joint Director, Karaikal.

Karaikal region

3

Veterinary Assistant

Mahe region

Surgeon, Mahe.

4

Veterinary Assistant

Yanam region

Surgeon, Yanam.

First Appellate Authority

Director

Puducherry, Karaikal,

Mahe and Yanam

regions.

(By order)

DIRECTOR.

(1)

(2)

385

24 May 2022]

LA GAZETTE DE L’ETAT

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 72/AIL/Lab./T/2022,

Puducherry, dated 13th May 2022)

NOTIFICATION

Whereas, the Government of Puducherry vide G.O. Rt.

No. 82/AIL/Lab./T/2021, dated 14-12-2021 referred an

industrial dispute between the management of

M/s. Hindusthan National Glass and Industries Limited,

Sedarapet, Puducherry and its Union Workmen

represented by Hindusthan National Glass Employees

Welfare Union – INTUC, Puducherry and the HNG

Industries Thozilalar Nala Sangam, affiliated with CITU,

Mudaliarpet, Puducherry, over matters concerning

strike, lockout, wage revision and alterations of service

conditions;

And whereas, vide Proceedings No. 333/JUD/IT-

CUM-LC/PDY/2021, dated 23-12-2021, the Industrial

Tribunal-cum-Labour Court, Judicial Department,

Puducherry, stated that the reliefs prayed for in the

Industrial Disputes raised between management of

M/s. Hindusthan National Glass and Industries Limited,

Sedarapet, Puducherry and the Union Workmen

represented by Hindusthan National Glass Employees

Welfare Union – INTUC, Puducherry and the HNG

Industries Thozhilalar Nala Sangam, affiliated with CITU,

Mudaliarpet, Puducherry, are clubbed together as

a single dispute in the above notification and directed

to issue separate notification in respect of the dispute

raised to the concerned Tribunal/Court;

Now, therefore, by virtue of the authority delegated

vide G.O. Ms .No. 20/9/Lab./L., dated 23-05-1991 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), and in supersession of the G.O. Rt. No. 82/AIL/

Lab./T/2021, dated 14-12-2021, save as respects things

done or omitted to be done before such supersession,

it is hereby directed by the Secretary to Government

(Labour) that the dispute mentioned below in the

annexure, be referred to the Honorable Labour Court,

Puducherry, for adjudication. The Honorable Labour

Court, 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

(i) Whether the dispute raised by the management

of M/s. Hindusthan National Glass and Industries

Limited, Sedarapet, Puducherry, against the Union

Workmen represented by (i) Hindusthan National

Glass Employees Welfare Union – INTUC, Puducherry

and (ii) HNG Industries Thozhilalar Nala Sangam, –

(CITU), Puducherry, over strike is justified or not?

If justified, what relief the management is entitled to?

(ii) Whether declaring lock out to all permanent

workmen under section 24 (3) of the Industrial

Disputes Act, 1947 and thereafter functioning of the

factory with staff/contract labourers is justified or

not? If justified, what relief the permanent workmen

are entitled to?

(iii) Whether alteration of service conditions of

47 workmen during the pendency of conciliation

proceedings which is in violation of section 33 of the

Industrial Disputes Act, 1947 is justified or not?

If justified, what relief the 47 workmen are entitled to?

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

of money if, it can be so computed.

(By order)

D. MOHAN KUMAR,

Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 73/Lab./AIL/T/2022,

Puducherry, dated 13th May 2022)

NOTIFICATION

Whereas, the Swadeshi Panchalai Thozhilalar Urimai

Padukappu Sangam and Sri Bharathi Mills Thozhilalar

Urimai Padukappu Sangam filed Writ Petition Nos. 5360

and 5365 of 2021 before the Honorable High Court

Judicature at Madras, over closure of the two Mills, viz.,

Swadeshi Cotton Mill and M/s. Sri Bharathi Mills;

2. And whereas, the Honorable High Court vide

order, dated 31-12-2021 allowed the Writ Petitions and

both the impugned notice, dated 29-09-2020 were set

aside with the direction that amount already received

386

LA GAZETTE DE L’ETAT

[24 May 2022

under protest shall be adjusted and the remaining

amount shall be paid within a period of six months from

the date of receipt of a copy of the order and that in the

meanwhile, it is open to the employer to make afresh

application for closure of the Undertaking in terms of

the provisions of the Act, if so advised, after complying

with the mandatory statutory provisions and after the

waiting period, if any, provided under the Act, the

matter may be taken up by the Authority concerned and

that the Court, is of the view that Corporation is a part

of the Government of Puducherry and in case any

closure application is filed, it can be scrutinized by the

concerned authority and the matter can be straight

away referred to a Tribunal, so that, instead of two

adjudications, namely, one before the Authority and the

other one before the Tribunal, a comprehensive

decision can be taken;

3. And whereas, the management of M/s. Swadeshee –

Bharathee Textile Mills Limited vide Letter No. SBTML/

WP 5360 & 5365 of 2021/2203, dated 01-04-2022, filled

Form – “Q” under section 25FFA of the Industrial Dispute

Act, 1947 towards the Closure of M/s. Swadeshee –

Bharathee Textile Mills Limited, Puducherry;

4. 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. 20/9/Lab./L., dated 23-05-1991, of the

Labour Department, Puducherry to exercise the powers

conferred by Clause (d) of sub-section (1) of Section 10

of the Industrial Disputes Act, 1947 (Central Act XIV of

1947), it is hereby directed by the 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

Industrial Tribunal, 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 notice of closure given by the

management of M/s. Swadeshee – Bharathee Textile

Mills Limited, in respect of 42 employees is justified

or not? If justified, what relief/remedies they are

entitled to?

(b) Whether the list of 42 employees identified by

the management of M/s. Swadeshee – Bharathee

Textile Mills Limited, may be treated as the employees

who have protested the closure of the two mills; and

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

of money if, it can be so computed.

(By order)

D. MOHAN KUMAR,

Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 74/AIL/Lab.,/T/2022,

Puducherry, dated 13th May 2022)

NOTIFICATION

Whereas, the Government of Puducherry vide G.O. Rt.

No. 82/AIL/Lab./T /2021, dated 14-12-2021 referred an

industrial dispute between the management of

M/s. Hindusthan National Glass and Industries Limited,

Sedarapet, Puducherry and its Union Workmen

represented by Hindusthan National Glass Employees

Welfare Union – INTUC, Puducherry and the HNG

Industries Thozilalar Nala Sangam, affiliated with CITU,

Mudaliarpet, Puducherry, over matters concerning

strike, lockout, wage revision and alterations of service

conditions;

And whereas, vide Proceedings No. 333/JUD/IT-

CUM-LC/PDY/2021, dated 23-12-2021, the Industrial

Tribunal-cum-Labour Court, Judicial Department,

Puducherry, stated that the reliefs prayed for in the

industrial disputes raised between management of

M/s. Hindusthan National Glass and Industries Limited,

Sedarapet, Puducherry and Union Workmen represented

by Hindusthan National Glass Employees Welfare Union

– INTUC, Puducherry and the HNG Industries

Thozhilalar Nala Sangam, affiliated with CITU,

Mudaliarpet, Puducherry, are clubbed together as a

single dispute in the above notification and directed to

issue separate notification in respect of the dispute

raised to the concerned Tribunal/Court.

Now, therefore, by virtue of the authority delegated

vide G.O. Ms. No. 20/9/Lab./L., dated 23-05-1991 of the

Labour Department, Puducherry, to exercise the powers

conferred by Clause (d) of sub-section (1) of section 10

of the Industrial Disputes Act, 1947 (Central Act XIV of

1947), and in supersession of the G.O. Rt. No. 82/AIL/

Lab./T/2021, dated 14-12-2021, save as respects things

387

24 May 2022]

LA GAZETTE DE L’ETAT

done or omitted to be done before such supersession,

it is hereby directed by the Secretary to Government

(Labour) that the dispute mentioned below in the

Annexure, be referred to the Honorable Industrial

Tribunal, Puducherry, for adjudication. The Honorable

Industrial Tribunal 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, with the Industrial Tribunal,

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 dispute raised by the Union

Workmen represented by (i) Hindusthan National

Glass Employees Welfare Union – INTUC,

Puducherry and (ii) HNG Industries Thozhilalar Nala

Sangam, Puduchery – CITU against the management

of M/s. Hindusthan National Glass and Industries

Limited, Sedarapet, Puducherry, over charter of

demands/wage revision is 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.

(By order)

D. MOHAN KUMAR,

Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 75/Lab./G/2022,

Puducherry, dated 13th May 2022)

NOTIFICATION

Whereas, the managements of M/s. Shanmuga

Cinemas, M/s. JR Cinemas, M/s. Ashok Theatre A/C,

M/s. The Cinema Providence, M/s. Raja Talkies and

M/s. Rathnaa Talkees, Puducherry, have applied for

grant of exemption from certain provisions of the

Puducherry Shops and Establishments Act, 1964, to

conduct special morning shows on account of screening

new films;

And whereas, the Lieutenant-Governor, Puducherry,

has by Notification in G.O. Ms. No. 9/95/Lab., dated

07-04-1995 under sub-section (1) of section 52 of the

Pondicherry Shops and Establishments Act, 1964,

authorized the Secretary to Government, Labour

Department, Puducherry, to exercise the powers of the

Government under section 6 of the said Act, relating to

exemption;

Now, therefore, in exercise of the powers conferred

by section 6 of the said Act, the Secretary to Government,

Labour Department, Puducherry, hereby exempts

M/s. Shanmuga Cinemas, M/s. JR Cinemas, M/s. Ashok

Theatre A/C, M/s. The Cinema Providence, M/s. Raja

Talkies and M/s. Rathnaa Talkees, Puducherry, from the

provisions of sections 16(1), 17(1), 17(2) and 18 of the

Pondicherry Shops and Establishments Act, 1964, for

conducting special morning shows as per Table below:

TABLE

Sl.

Name of the

Name of the

Date and time

No.

theatre

movie

of screening

(1)

(2)

(3)

(4)

1 M/s. Shanmuga

Don

13-05-2022 to

Cinemas,

15-05-2022 @

Screen-1 and 2,

5.30 a.m. and

Puducherry.

8.30 a.m.

(4 shows).

2 M/s. JR Cinemas,

Don

13-05-2022 @

Screen-1 and 2,

5.00 a.m and

Puducherry.

8.00 a.m.

14-05-2022 and

15-05-2022 @

8.00 a.m.

3 M/s. Ashok Theatre A/C, Don

13-05-2022 @

Villianur,

5.00 a.m.

Puducherry.

13-05-2022 to

15-05-2022 @

9.00 a.m.

4 M/s. The Cinema

Doctor

13-05-2022 to

Providence,

Strange

15-05-2022 @

(Screen – 1, 2, 3,

and

7.30 a.m.

4 and 5)

Don

Puducherry.

5 M/s. Raja Talkies A/C,

Don

13-05-2022 @

Pududcherry.

5.00 a.m. and

9.00 a.m.

388

LA GAZETTE DE L’ETAT

[24 May 2022

6 M/s. Rathnaa Talkees,

Don

13-05-2022 @

Pududcherry.

5.00 a.m. and

8.00 a.m.

14-05-2022 and

15-05-2022 @

8.00 a.m.

The conduct of the special shows shall be subject

to the following conditions:

1. Every person employed shall be paid overtime

wages for the period of work done by him in excess

of 8 hours in a week.

2. The persons employed shall be given rest

interval of atleast half-an-hour for every four hours

of work.

3. The management should obtain permission

from the authorities concerned wherever necessary.

4. In case, the said screening of the new film does

not take place, this notification shall have no effect.

5. The SOPs issued in respect of COVID-19 like

wearing of mask and other conditions issued by the

Department of Revenue and Disaster Management,

Puducherry, shall be strictly adhered to.

(By order)

D. MOHAN KUMAR,

Under Secretary to Government (Labour).

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT

(HIGHER AND TECHNICAL EDUCATION)

(G.O. Ms. No. 09, Puducherry, dated 16th May 2022)

NOTIFICATION

On attaining the age of superannuation the

following, Associate Professors are admitted into

retirement with effect from the afternoon of 31-05-2022.

Sl.

Names of the

Name of the

No.

Associate

Institution

Professors

(1)

(2)

(3)

1 Thiru D. John Sudhakar

Bharathidasan Government

C o l l e g e f o r Wo m e n ,

Puducherry.

2 Dr. M. Mari Bhat

M a h a t m a G a n d h i

Government Arts College,

Mahe.

(By order)

M.V. HIRAN,

Under Secretary to Government

(Higher and Techncial Education).

(1)

(2)

(3)

(4)

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