Amflºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

∂]ÔV´D ÿ√u≈ ÿkπX|

Publiée par Autorité

Published by Authority

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

[621]

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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

√¬ÔD

Page

Page

\Vk‚¶ ¿]√]BV_ ®|¬Ô©√|D ..

622

Procédure du Magistrate de District ..

622

Procedings of the District

..

622

º\_¶kΩ¬ÁÔÔ^

Magistrate

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

ƒVu≈§¬ÁÔÔ^

..

649

Annonces

.. 649

Announcements

..

649

∏Áw ]Ú›>D

..

652

Erratum

.. 652

Erratum

..

652

643

23 August 2022]

LA GAZETTE DE L’ETAT

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.

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

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.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

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

Puducherry, dated 29th July 2022)

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;

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

(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.

644

LA GAZETTE DE L’ETAT

[23 August 2022

(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

Maruthuvamanai Uzhiyargal Sangam (CITU),

(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?

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

of money if, it can be so computed?

(By order)

P. MUTHU MEENA,

Under Secretary to Government (Labour).

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (WORKS)

(G.O. Ms. No. 69, Puducherry, dated 02nd August 2022)

NOTIFICATION

On attaining the age of superannuation,

Thiru G. Manavalane, Assistant Engineer, presently

holding the post of Executive Engineer on current

duty charge basis, Buildings and Roads (South) Division,

Public Works Department, Puducherry, is admitted

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

(By order)

P. EJOUMALE,

Under Secretary to Government (Works).

————

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645

23 August 2022]

LA GAZETTE DE L’ETAT

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————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 10, 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)

P. MUTHU MEENA,

Deputy Labour Commissioner.

————

GOVERNMENT OF PUDUCHERRY

INDUSTRIAL DEVELOPMENT (POWER)

DEPARTMENT

(G.O. Ms. No. 29, Puducherry, dated 08th August 2022)

NOTIFICATION

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)

S. MURUGESAN,

Under Secretary to Government (Power).

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

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

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.

(By order of the Lieutenant-Governor)

RAJEEV VERMA,

Chief Secretary to Government.

————

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

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

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)

RAJEEV VERMA,

Chief Secretary to Government.

646

LA GAZETTE DE L’ETAT

[23 August 2022

GOVERNMENT OF PUDUCHERRY

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;

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, Puducherry,

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.

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)

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)

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 the date of issue of

reference as stipulated under sub-section (2-A) of

section 10 of the Industrial Disputes Act, 1947 and in

647

23 August 2022]

LA GAZETTE DE L’ETAT

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

Petitioners’ Union L&T Jananayaga Thozhilalargal

Sangam (Affiliated with AICCTU), Puducherry,

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?

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

of money if, it can be so computed?

(By order)

P. MUTHU MEENA,

Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

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

NOTIFICATION

Pursuant to the provision of the Notaries Act, 1952 (Central Act 53 of 1952) and the Notaries

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.

648

LA GAZETTE DE L’ETAT

[23 August 2022

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.

(1)

(2)

(3)

(4)

Thiru/Tmt.

649

23 August 2022]

LA GAZETTE DE L’ETAT

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)

S. KARTHIKEYAN,

Secretary to Government (Law).

(1)

(2)

(3)

(4)

Thiru/Tmt.

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.

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.