Puducherry Gazette, No. 34, 23 August 2022

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. 34 Poudouchéry Mardi 23 Août 2022 (1 Bhadra 1944)

No. Puducherry Tuesday 23rd August 2022

ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS

Page ✓¬ÔD Page

\Vk'¶ ¿]✓]BV_ ®|¬Ô©✓|D .. 622 Procédure du Magistrate de District .. 622 Procedings of the District .. 622

Magistrate

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ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 639 Sentence arbitral du travail .. 639 Award of the Labour Court .. 639

de tribunal.

∂´∑ ∂§s¬ÁÔÔ^ .. 643 Notifications du Gouvernement .. 643 Government Notifications .. 643

.. 649 Announcements .. 649 ƒVu≈§¬ÁÔÔ^ .. 649 Annonces

∏Áw ]Ú›>D .. 652 Erratum .. 652 Erratum .. 652

[621]23 August 2022] LA GAZETTE DE L'ETAT 643 GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 122/Lab./AIL/T/2022,

Puducherry, dated 29th July 2022)

The petitioner is not gainfully employed in any other establishment and the contrary was not proved by the respondent. From the discussion about made this Court is of the considered opinion that the non-employment of the petitioner is not justifiable on any grounds. Since, the petitioner is not in gainful employment is entitled for reasonable back wages and other attendant benefits.

23. In the result, the petition is partly allowed. The respondent is directed to reinstate the petitioner within 8 weeks from the date of this Award. The petitioner is entitled to receive 30% of last drawn salary as back wages from the date of his termination till the date of his reinstatement. The petitioner is also entitled to continuity of service and all other attendant benefits.

Dictated to the Stenographer, transcribed by her, corrected and pronounced by me in the open Court, on this the 23rd day of March, 2022.

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

NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Pondicherry Institute of Medical Sciences, Puducherry and the Joint Action Committee (JAC), PIMS Hospital and Research Institute, over charter of demands regarding wage revision for the year 2021 to 2024, 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;

List of petitioner witness:

PW.1 —15-07-2018 K. Rengarajan

List of petitioner's exhibits:

Ex.P l — 28-11-2017 Industrial dispute raised by the employee before the Labour Court.

Ex.P 2 — 09-11-2016 The informati on received by the employee through RTI from the respondent.

List of respondent's witnesses:

RW.1 — 18-09-2019 R. Ganesan

RW.2 — 07-01-2020 P. Mohammed Dasir 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

List of respondent's exhibits:

Ex.R l — 27-02-2009 Copy of the Gazette of Puducherry.

Ex.R 2 — 24-10-2008 Copy of the G.O. Ms. No. 66/ F3/2008.

Ex.R 3 — 9-7-2010 Copy of the order of the Chairman-cum- Director of Agriculture, regarding the engagement of 3 persons.

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

(i) Whether the dispute raised by the Joint Action Committee (JAC) of PIMS Maruthuvamanai and Research Institute against the management of M/s. Pondicherry Institute of Medical Sciences, Puducherry, over charter of demands with regard to wage revision for the year from 2021 to 2024 is justified or not? If justified, to give appropriate direction?

(ii) Whether the stand taken by the management of M/s. Pondicherry Institute of Medical Sciences, Puducherry, regarding non-recognition of the PIMS Puduvai Maanila Pattali Thozhir Sangam which was duly registered under the Trade Unions Act, 1926 lacks minimum criteria of membership for negotiation is legal and justified? If justified, to give appropriate direction.

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (WORKS)

(G.O. Ms. No. 69, Puducherry, dated 02nd August 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 G. Manavalane, Assistant Engineer, presently (iii) Whether the 18(1) settlement with the three Trade Unions recognized by them as per section 9A of the Trade Unions Act viz., (1) PIMS M a r u t h u v a m a n a i U z h i y a r g a l S a n g a m ( C I T U ) , (2) PIMS Employees Union and (3) PIMS Technical and Maintenance Workers Trade Union on 16-04-2022 for the period from 01-10-2021 to 31-03-2025 is legal and justified? If justified, to give appropriate direction.

(iv) To what other relief, the workmen, represented by the "Joint Action Committee (JAC)", are entitled to?

holding the post of Executive Engineer on current duty charge basis, Buildings and Roads (South) Division, Public Works Department, Puducherry, is admitted (v) To compute the relief, if any, awarded in terms

into retirement on the afternoon of 31-08-2022.

of money if, it can be so computed?

(By order)

(By order)

P. EJOUMALE,

Under Secretary to Government (Works).

P. MUTHU MEENA, Under Secretary to Government (Labour).

————

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————

GOVERNMENT OF PUDUCHERRY

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

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G.O. Ms. No. 10, Puducherry, dated 08th August 2022)

(G.O. Ms. No. 53, Puducherry, dated 08th August 2022)

NOTIFICATION

Thiru M. Somassoundaram, Principal (on CDC), Government Industrial Training Institute, Nettapakkam, Labour Department, Puducherry, is admitted into retirement on attaining the age of superannuation from Government service with effect from the afternoon of 31-08-2022.

(By order)

NOTIFICATION

In pursuance of the Order No. 14020/02/2020-UTS-I, dated 11-07-2022 of the Ministry of Home Affairs, New Delhi and on having reported for duty in this Administration on the forenoon of 22-07-2022, Shri Manoj Kumar Lall, I.P.S., (AGMU:1988), is posted as Director-General of Police, Puducherry, with effect from the afternoon of 25-07-2022. The period from the date of his joining from 22-07-2022 to 24-07-2022 may be treated as awaiting posting.

P. MUTHU MEENA,

Deputy Labour Commissioner.

————

GOVERNMENT OF PUDUCHERRY (By order of the Lieutenant-Governor)

RAJEEV VERMA, Chief Secretary to Government.

————

INDUSTRIAL DEVELOPMENT (POWER)

DEPARTMENT

GOVERNMENT OF PUDUCHERRY (G.O. Ms. No. 29, Puducherry, dated 08th August 2022) DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (PERSONNEL WING)

NOTIFICATION

(G.O. Ms. No. 54, Puducherry, dated 08th August 2022)

The Notice of voluntary retirement given under rule 48 of the Central Civil Services (Pension) Rules, 1972 by Thiru M. Sundaramurthy, Assistant Engineer, Boomianpet, Rural (North) O & M, Electricity Department, Puducherry, is accepted.

2. Accordingly, he is admitted into voluntary retirement with effect from the forenoon of 01-09-2022.

(By order of the Lieutenant-Governor)

NOTIFICATION

Shri R. S. Krishnia, I.P.S., (AGMU:1989), Director- General of Police, Puducherry, on transfer to Delhi, vide the Order No. 14020/02/2020-UTS-I, dated 11-07-2022 of the Ministry of Home Affairs, New Delhi, will stand relieved from this Administration on the forenoon of 05-08-2022, on the expiry of the Earned Leave granted to him from 26-07-2022 to 04-08-2022.

(By order of the Lieutenant-Governor)

S. MURUGESAN,

Under Secretary to Government (Power).

RAJEEV VERMA, Chief Secretary to Government.

GOVERNMENT OF PUDUCHERRY The conduct of the special shows shall be subject to the following conditions:

LABOUR DEPARTMENT

(G.O. Rt. No. 134/Lab./G/2022,

Puducherry, dated 12th August 2022)

NOTIFICATION

Whereas, the management of M/s. Shanmuga Cinemas, Puducherry, M/s. JR Cinemas, Puducherry and M/s. The Cinema Providence, Providence Mall, 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 Puducherry 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;

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)

P. MUTHU MEENA, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

(G.O. Rt. No. 135/Lab./AIL/T/2022,

Puducherry, dated 12th August 2022)

Now, therefore, in exercise of the powers conferred by section 6 of the said Act, the Secretary to Government, Labour Department, Puducherry, hereby e x e m p t s M / s . S h a n m u g a C i n e m a s , P u d u c h e r r y, M/s. JR Cinemas, Puducherry and M/s. The Cinema Providence, Providence Mall, Puducherry, from the provisions of the sections 16(1), 17(1), 17(2) and 18 of the Pondicherry Shops and Establishments Act, 1964, for conducting special morning free 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 Screen-1 & 2 12-08-2022 @ Cinemas, Viruman. 8.00 a.m. Puducherry.

2 M/s. JR Cinemas, Screen-1 & 2 12-08-2022 @ Puducherry. Viruman. 5.00 a.m and

8.00 a.m. 3 M/s. The Cinema Screen-1 05-08-2022 to Providence, Laatti, 06-08-2022 and Providence Mall, Screen-2 07-08-2022 @ Puducherry. Viruman, 8.00 a.m. Screen-3 onwards. Kadamaiyai Sei, Screen-4 Raksha Bandhan, Screen-5 Agent.

NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Larsen and Toubro Private Limited, Puducherry and L & T Jananayaga Thozhilalargal Sangam (Affiliated with AICCTU)– Over payment of Bonus @ 20% and Ex-gratia @ 20% for the year 2019-2020 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 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 t h e d a t e o f i s s u e o f r e f e r e n c e a s s t i p u l a t e d u n d e r sub-section (2-A) of section 10 of the Industrial Disputes Act, 1947 and in23 August 2022] LA GAZETTE DE L'ETAT 647 against the management of M/s. Larsen and Toubro Private Limited, Puducherry, Over payment of maximum bonus @ 20% and Ex gratia amount @ 20% to the workers Thiru P. Selvam and 525 others (as mentioned in the Annexure) for the year 2019-20 is legal and justified? If justified, to give appropriate direction?

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.

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

of money if, it can be so computed?

ANNEXURE

(By order)

(a) Whether the dispute raised by the Petitioners' Union L&T Jananayaga Thozhilalargal Sangam (Affiliated with AICCTU), Puducherry,

P. MUTHU MEENA, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

(G.O. M s . No. 12/LD./2022, Puducherry, dated 18th August 2022)

NOTIFICATION

P u r s u a n t t o t h e p r o v i s i o n o f t h e N o t a r i e s A c t , 1 9 5 2 ( C e n t r a l A c t 5 3 o f 1 9 5 2 ) a n d t h e N o t a r i e s Rules, 1956 made thereunder, the Government of Puducherry hereby notifies that the following 27 Advocates are duly appointed by the Government of Puducherry as Notaries on the 8th August, 2022 and are authorized to practice as such, subject to the provisions of the aforesaid Act and Rules for a period of five years from 8th August, 2022 in whole of the respective Revenue Regions of Puducherry, Karaikal, Mahe and Yanam.

Sl. No. Name and address of the Notary Enrolment No. Registration No. (1)

(2)

(3)

(4) Puducherry Region

Thiru/Tmt.

1 R. Ravicoumar, Ms. 138/1994 UT PDY/LD/101 No. 14, Pillaiyar Kovil Street, Thengaithittu, Mudaliarpet, Puducherry–605 004.

2 A. Kengamuthu, Ms. 2098/2003 UT PDY/LD/102 No. 143, Puthu Nagar, Sivaranthagam, Kizhur Post, Puducherry.

3 S. Thangavelu, Ms. 3359/2011 UT PDY/LD/103 No. 18, 2nd Cross, Indira Nagar, Santhai Pudhukuppam, Puducherry.

4 S. Parimalam, Ms. 133/1994 UT PDY/LD/104 No. 26, 3rd Cross Street, West Krishna Nagar, Lawspet, Puducherry–605 008.

5 S. Shibi, Ms. 2031/2000 UT PDY/LD/105 No. 5, 2nd Cross, Rainbow Nagar, Puducherry–605 011.

6 K. Sundarrajan, Ms. 874/2007 UT PDY/LD/106 No. 34, Pallivasal Street, Thirukkanur Post, Puducherry–605 501.

Thiru/Tmt.

7 R. Kumaran, Ms. 1160/2002 UT PDY/LD/107 Old No. 15, New No. 17, Kalatheeswaran Koil Street (Chetty Street), Puducherry–605 001.

8 A. Dinesh Kumar, Ms. 1004/2000 UT PDY/LD/108 No. 158, 1st Floor, Mission Street, Puducherry–605 001.

9 K. Balaji, Ms. 1141/2002 UT PDY/LD/109 No. 40, 4th Cross Street, Venkata Nagar, Puducherry–605 011.

10 S. Youvaradjane, Ms. 1166/2002 UT PDY/LD/110 No. 8, Anandham Nagar, Arunthathipuram, Ariyankuppam, Puducherry–605 007.

11 P. Lakshmitharan, Ms. 2408/2007 UT PDY/LD/111 No. 61, 3rd Cross Street, Gandhi Nagar, Puducherry–605 009.

12 A. Gnanarajan, Ms. 957/2005 UT PDY/LD/112 No. 6, Karunagara Pillai Street, Kuyavarpalayam, Puducherry–605 013.

13 V. Devadoss, Ms. 1374/1992 UT PDY/LD/113 No. 55, 3rd Cross, Venkata Nagar, Puducherry–605 011.

14 M. Govindathirunavukarasu, Ms. 1220/2003 UT PDY/LD/114 No. 40, Muthumariamman Koil Street, Puducherry–605 001.

15 K. Kanagarani, Ms. 667/2009 UT PDY/LD/115 No. 11, 3rd Cross Street, Thavamani Nagar, Sami Pillai Thottam, Lawspet, Puduherry–605 008.

16 R. Girija, Ms. 391/2010 UT PDY/LD/116 No. 3, First Street, Ambedkar Nagar, Nettapakkam, Puducherry–605 107.

17 D. Sivakumar, Ms. 445/2002 UT PDY/LD/117 No. 8, Annai Indira Street, Boomiyanpet, Puducherry–605 005.

18 B. Shanmugam, Ms. 3785/2012 UT PDY/LD/118 No. 5, Kattabomman Street, Kottaimedu, Ariyankuppam, Puducherry–605 007.

19 A. K. Ramadoss, Ms. 1834/2010 UT PDY/LD/119 No. l, Vasuki Street, Kuyavarpalayam, Puducherry–605 013.

20 K. Dass Munia, Ms. 914/2002 UT PDY/LD/120 Old No. 5/8, New No. 30, Pajanamada Street, Oulgaret, Puducherry–605 010.

21 S. Suganthi, Ms. 2217/2005 UT PDY/LD/121 No. 34, Kaman Koil Street, G.N. Palayam, Arumbarthapuram, Puducherry–605 110.

Thiru/Tmt.

22 K. Saravanan, Ms. 1792/2007 UT PDY/LD/122 No. 19, Mariamman Koil Street, Anandhapuram, Kandamangalam Post, Puducherry–605 102.

Karaikal Region

23 S. Sakthivel, Ms. 3908/2012 UT PDY/LD/123 No. 12, L.G.R. Street, Nallambal, Thirunallar Commune, Karaikal–609 601.

24 A. Magesh Bala, Ms. 1622/2009 UT PDY/LD/124 No. 5, Vallalar Street, P.K. Salai, Karaikal–609 602.

25 S. Thirumurugan, Ms. 973/1999 UT PDY/LD/125 No. 30, 3rd Cross, Murugaram Nagar, Karaikal–609 602.

Mahe Region

26 Anas Gaffoor K.K., K/679/1999 UT PDY/LD/126 147/F, Sithara Complex, Naluthara (PO), Palloor, Mahe–673 310.

Yanam Region

27 Kamidi Vijaya Kumar, AP/895/1994 UT PDY/LD/127 No.6-7-142, Farampeta, Yanam–533 464.

(By order of the Lieutenant-Governor)

AFFIDAVIT

I, Vijayalakshmi, (Aadhaar No.8628 9328 8045), daughter of Baskaran, aged 20 years, converted Muslim, residing at No. 8, Keezha Street, Thennankudy, Thirunallar Commune, Karaikal, do hereby solemnly and sincerely affirm and state on oath as follows:

That I was a Hindu by birth and my birth name is 'Vijayalakshmi'. Due to change of religion from Hinduism to Islamic faith, I had renounced my birth name 'Vijayalakshmi' and assumed to myself the Muslim name as 'Ayisha Farveen (gl≠V ‡✓ÏT[)' I hereby relinquish my birth name 'Vijayalakshmi' and hereinafter, I shall be known, called, identified and referred only as 'Ayisha Farveen'.

Solemnly affirmed, and signed before the Notary Public at Karaikal, on this 21st day of July 2022.

Ack No. 488 VIJAYALAKSHMI.

S. KARTHIKEYAN, Secretary to Government (Law).

AFFIDAVIT

I, Anandh Govindarasu. R, son of Raja Kumar, aged about 33 years, residing at No. 20/A, JJ Villa, Thenkarai Street, Kottucherry Commune, Karaikal, Karaikal District, Puducherry State, do hereby solemnly affirm and sincerely state on oath as follows:

That my name is registered as 'Anandh @ Govindarasu' in my Birth Certificate vide Registration No. K/1989/02125 issued by Karaikal Municipality, Karaikal.

That my name is entered as 'Anandh alias Govindarasu R' in my Aadhaar Card No. 5799 4388 2160 issued by the Unique Identification Authority of India.

That my name is mentioned as 'Anandh @ Govindarasu' in my Elector's Photo Identity Card No. NPX0021220 issued by the Election Commission of India.