Puducherry Gazette, No. 28, 12 July 2022

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Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amﬂºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

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No. 28 Poudouchéry Mardi 12 Juillet 2022 (21 Asadha 1944)

No. Puducherry Tuesday 12th July 2022

ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS

Page ✓¬ÔD Page

\Vk'¶ ¿]✓]BV_ ®|¬Ô©✓|D .. 504 Procédure du Magistrate de District .. 504 Procedings of the District .. 504

Magistrate

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ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 520 Sentence arbitral du travail .. 520 Award of the Labour Court .. 520

de tribunal.

∂´∑ ∂§s¬ÁÔÔ^ .. 521 Notifications du Gouvernement .. 521 Government Notifications .. 521 g✓›>V™ WÆk™∫Ô^ .. 524 Etablissements dangereux .. 524 Dangerous Establishments .. 524

.. 526 Announcements .. 526 ƒVu≈§¬ÁÔÔ^ .. 526 Annonces

[503]520 LA GAZETTE DE L'ETAT [12 July 2022

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

The Managing Director, M/s. Larsen and Toubro Private Limited, Sedarapet, Puducherry-605 107. . . Respondent (G.O. Rt. No. 102/AIL/Lab./T/2022, Puducherry, dated 27th June 2022)

NOTIFICATION

Whereas, an Award in I.D (L) No. 42/2018, dated 10-02-2022 of the Industrial Tribunal-cum-Labour Court, Puducherry, in respect of the industrial dispute between the management of M/s. Larsen and Toubro Private Limited, Sedarapet, Puducherry and Thiru S. Parthiban, Villupuram District, over reinstatement with backwages;

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).

This Industrial Dispute coming on this day before me for hearing, in the presence of Thiruvalargal Dr. L. Solomon Raja, C. Prabagarane, C. Nathiya @ Backiyalakshmi and M. Mahalakshmi, Counsels for the petitioner and Thiruvalargal M. Vaikunth, S. Kamalini, R. Vikneshraj and G. Anand, Counsels for the respondent, upon perusing the records, this Court passed the following:

AWARD

This Industrial Dispute arises out of the reference made by the Government of Puducherry vide G.O. Rt. No. 143/AIL/Lab./T/2018, dated 11-10-2018 of the Labour Department, Puducherry, to resolve the following dispute between the petitioner and the respondent, viz.,-

(i) Whether the dispute raised by the petitioner Thiru S. Parthiban, Villupuram District, against the management of M/s. Larsen and Toubro Private Limited, Sedarapet, Puducherry, over reinstatement with back wages is justified or not? If justified, what relief the petitioner is entitled to?

(ii) To compute the relief if any, awarded in terms of money if, it can be so computed?

BEFORE THE INDUSTRIAL TRIBUNAL -CUM-

LABOUR COURT AT PUDUCHERRY

Present : Thiru R. BHARANIDHARAN, M.L. Presiding Officer.

Thursday, the 10th day of February 2022.

2. Today, when the case came up for hearing, petitioner called absent. No representation. There is no representation for the petitioner continuously for a long time. The reference is closed for non-prosecution by the petitioner side.

Written and pronounced by me in the open Court on I.D.(L). No. 42/2018 in C.N.R. No. PYPY060000852018

S. Parthiban, Door No. B-116, Anna Nagar, 3rd Street, Vanur Post and Taluk, Villupuram District.

. . Petitioner this the 10th day of February 2022.

R. BHARANIDHARAN, Presiding Officer, Industrial Tribunal-cum- Labour Court, Puducherry.

Versus

12 July 2022] LA GAZETTE DE L'ETAT 521

GOVERNMENT OF PUDUCHERRY (1)

(2)

DEPARTMENT OF ART AND CULTURE

Thiru/Tmt./Selvi:

(G.O. Ms. No. 9, Puducherry, dated 23rd June 2022)

NOTIFICATION

O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n , Thiru B. Sambandam, Assistant Library and Information Officer, Department of Art and Culture, Puducherry, shall retire from service on the afternoon of 30-06-2022.

(By order)

K. CANDANE @ SIVARADJANE, Under Secretary to Government (Art and Culture).

————

GOVERNMENT OF PUDUCHERRY 5 J. Sivasamy,

Superintendent, Indira Gandhi Government General Hospital and Postgraduate Institute, Puducherry.

6 P. Chitra,

Private Secretary, Department of Civil Supplies and Consumer Affairs, Puducherry.

(By order)

V. JAISANKAR, Under Secretary to Government (Personnel).

————

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

[G.O. Ms. No. 42/DP&AR-SS.II(1),

Puducherry, dated 27th June 2022]

NOTIFICATION

(G.O. Rt. No. 101/Lab./AIL/T/2022,

Puducherry, dated 27th June 2022)

O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n , the following Superintendents and Private Secretary, shall retire from service with effect from the afternoon of 30-06-2022.

Sl. Name of the official, No. Designation and Department/Office (1)

(2)

Thiru/Tmt./Selvi:

1 R Thiruvenkatam,

Superintendent, Directorate of Accounts and Treasuries, Puducherry.

2 Pamila Wilfred,

Superintendent, Directorate of Accounts and Treasuries, Puducherry.

3 R. Thambu Srinivasan,

Superintendent, Buildings and Roads (South) Division, Public Works Department, Puducherry.

4 R. Rajendiran,

Superintendent, Office of the Chief Educational Officer, Puducherry.

NOTIFICATION

Whereas, the Government of Puducherry vide G.O. Rt. No. 32/AIL/Lab./T /2022, dated 28-02-2022 referred an industrial dispute between Puducherry Project Implementation Agency Employees Union and the management of M/s. Project Implementation Agency, Puducherry, over matters concerning wage revision on par with the Puducherry Schedule of Rates (PSRs) fixed the Public Works Department and Payment of Statutory B o n u s f o r t h e y e a r 2 0 1 9 - 2 0 2 0 t o T h i r u v a l a r g a l S. Flololine Christine and 32 others (31 Technical Assistants and 2 Mazdoors) and disengagement of 31 Technical Assistants and 2 Mazdoors.

And whereas, vide Proceedings No. 159/JUD/IT-cum- LC/PDY/2022, dated 28-03-2022, the Industrial Tribunal- cum-Labour Court, Judicial Department, Puducherry, stated that the reliefs prayed for in the industrial disputes raised between the management of M/s. Project Implementation Agency, Puducherry, and Union Workmen represented by the Union, Puducherry Project Implementation Agency Employees Union are clubbed together as a single dispute in the above notification under reference cited and directed to issue separate notification in respect of the dispute raised to the concerned Tribunal/Court.

522 LA GAZETTE DE L'ETAT [12 July 2022

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), and in supersession of the G.O. Rt. No. 32/ Lab./AIL/T/2022, dated 28-02-2022, 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 said dispute mentioned below in the Annexure be referred to the Honourable Industrial Tribunal, Puducherry for adjudication. The Honourable 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 dispute raised by the Petitioner's Union Puducherry Project Implementation Agency E m p l o y e e s U n i o n a g a i n s t t h e m a n a g e m e n t o f M/s. Project Implementation Agency, Puducherry, over wage revision on par with the Puducherry Schedule of Rates (PSRs) fixed the Public Works Department and Payment of Statutory Bonus for the year 2019-2020 to Thiruvalargal S. Flololine Christine and 32 others (31 Technical Assistants and 2 Mazdoors) [as mentioned in the Annexure] are justified or not?

(b) If justified, to give appropriate directions?

(By order)

D. MOHAN KUMAR, Under Secretary to Government (Labour).

ANNEXURE

Sl. Name and Designation Grade No. (1) (2)

(3) Tmt./Selvi/Tvl:

1 S. Flololine Christine, Grade-III Technical Assistant.

(1) (2)

(3) Tmt./Selvi/Tvl:

2 R. Thamizhselvi, Technical Assistant Grade-III 3 S. Karlings Mark, Technical Assistant Grade-I 4 V. Muthukumaran, Technical Assistant Grade-II 5 A. Elambarithi, Technical Assistant Grade-II 6 J. Ilavarasan, Technical Assistant Grade-I 7 R. Manikandan, Technical Assistant Grade-II 8 S. Sudhakar, Technical Assistant Grade-II 9 D. Karmugilan, Technical Assistant Grade-I 10 R. Mathivanan, Technical Assistant Grade-II 11 V. Sivamadan, Technical Assistant Grade-II 12 D. Didace Cyrile, Technical Assistant Grade-I 13 K. Navinchander, Technical Assistant Grade-I 14 M. Elavazhagan, Technical Assistant Grade-I 15 L. Jayakumar, Technical Assistant Grade-I 16 M. Megala, Technical Assistant Grade-I 17 S. Sathishkumar, Technical Assistant Grade-I 18 S.Selva Kumaran, Technical Assistant Grade-I 19 P. Durai Murugan, Technical Assistant Grade-II 20 S. Rajkumar, Technical Assistant Grade-II 21 M. Ram Kumar, Technical Assistant Grade-II 22 P. Manikandan, Technical Assistant Grade-II 23 P. Prathab, Technical Assistant Grade-II 24 V. Vijayakumar, Technical Assistant Grade-I 25 R. Inbamani, Technical Assistant Grade-II 26 A. Thirukumaran, Technical Assistant Grade-I 27 M. Sudaravadivel, Technical Assistant Grade-I 28 V. Sivakumar, Technical Assistant Grade-I 29 S. Kalaiyarasi, Technical Assistant Grade-I 30 R. Gnanavel, Technical Assistant Grade-II 31 P. Aravind, Technical Assistant Grade-II 32 P. Adhilakshmi Mazdoor 33 P. Krishnaveni Mazdoor12 July 2022] LA GAZETTE DE L'ETAT 523

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————

GOVERNMENT OF PUDUCHERRY

J .J .J .J .J . g > Ï i ,g > Ï i ,g > Ï i ,g > Ï i ,g > Ï i , mÁð g'EBÏ (kÚkVF) ÔVÁ´¬ÔV_.

(ii) Hon'ble Minister for Home, . . Member Government of Puducherry.

(iii) Hon'ble Minister for Finance, . . Member ADI DRAVIDAR WELFARE AND SCHEDULED TRIBES WELFARE SECRETARIAT Government of Puducherry.

(iv) Smt. S. Chandira Priyanga . . Member [G.O. Ms. No. 01/2022-23/Wel.(SCW-II)/440, Puducherry, dated 28th June 2022]

NOTIFICATION

In exercise of the powers conferred under rule 16 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the Lieutenant-Governor, Puducherry, is pleased to reconstitute the State Level Vigilance and Monitoring Committee in the Union territory of Puducherry to review the implementation of provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the rules framed thereunder consisting of the following Members, namely:-

(i) Hon'ble Chief Minister, Puducherry . . Chairman Government of Puducherry.

Hon'ble Minister for Transport & Adi Dravidar Welfare and Scheduled Tribes Welfare, Puducherry.

(v) Thiru AK Sai J. Saravanakumar . . Member Hon'ble Minister for Civil Supplies & Consumer Affairs, Government of Puducherry.

(vi) Thiru P. Rajavelu, M.L.A., . . Member Hon'ble Deputy Speaker, Government of Puducherry.

(vii) Thiru P. Angalane, M.L.A., Puducherry . . Member (viii) Thiru U. Lakshmikanthan, M.L.A., . . Member Puducherry.

524 LA GAZETTE DE L'ETAT [12 July 2022

(ix) The Chief Secretary to Government, . . Member Government of Puducherry.

GOVERNMENT OF PUDUCHERRY HEALTH SECRETARIAT

(x) The Secretary to Government (Home), . . Member (G.O. Ms. No. 50, Puducherry, dated 29th June 2022) Government of Puducherry.

(xi) The Director-General of Police, . . Member Government of Puducherry.

(xii) The Director/Deputy Director of . . Member National Commission for Schedule Caste, New Delhi.

(xiii) The Director/Deputy Director of . . Member National Commission for Schedule Tribes, New Delhi.

(xiv) The Secretary to Government . . Convenor (Welfare), Government of Puducherry.

NOTIFICATION

O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n Dr. A.R. Santhanalakshmi, Senior Chief Medical Officer, Rajiv Gandhi Government Women and Children Hospital, Puducherry, is admitted into retirement with effect from the afternoon of 30-06-2022.

(By order)

A. PUNITHAMARY, Under Secretary to Government (Health).

———— GOVERNMENT OF PUDUCHERRY HEALTH SECRETARIAT

(G.O. Ms. No. 51, Puducherry, dated 29th June 2022)

2. The above Committee shall perform the duties and responsibilities as provided under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989) and the rules framed thereunder and further the Committee shall.

(i) meet at least twice in a calendar year, in the month of January and July for transacting its business.

(ii) review the implementation of the provisions of the Act and Rules, wherever implementation is found not adequate, it shall ensure that the Act and Rules are strictly implemented without any discrimination.

(iii) assess the relief and rehabilitation facilities provided to the victims and other matters connected therewith.

(iv) monitor the prosecution of cases under the Act.

NOTIFICATION

O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n Tmt. A. Dhanam, Assistant Nursing Superintendent, Indira Gandhi Government General Hospital and Postgraduate Institute, Puducherry, Department of Health and Family Welfare Services, Puducherry, is admitted into retirement with effect from the afternoon of 30-06-2022.

(By order of the Lieutenant-Governor)

A. PUNITHAMARY, Under Secretary to Government (Health).

———— GOVERNMENT OF PUDUCHERRY CHIEF SECRETARIAT (WORKS) (G.O. Ms. No. 64, Puducherry, dated 29th June 2022) (v) oversee the role of different officers/agencies responsible for implementing the provisions of the Act.

(vi) evaluate the various reports received by the Government and other matters connected therewith and after examining such reports, the Committee shall take steps to implement the recommendations made in the reports.

(By order of the Lieutenant-Governor)

NOTIFICATION

O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n Thiru P. Balasubramanian, Assistant Engineer, Office of the Executive Engineer (Planning), Public Works Deprartment, Puducherry, is admitted into retirement with effect from the afternoon of 30-06-2022.

(By order)

S. YESVANTHAIYAH,

Under Secretary to Government

(ADW & STW).

P. EJOUMALE, Under Secretary to Government (Works).

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