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. 5 Poudouchéry Mardi 31 Janvier 2023 (11 Magha 1944)
No. Puducherry Tuesday 31st January 2023
ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS
Page ✓¬ÔD Page
\ஏம'¶ ¿ஸ✓ஸடீஏ_ ®|¬Ô©✓|னு .. 86 Procédure du Magistrate de District .. 86 Procedings of the District .. 86
Magistrate
º\_¶மΩ¬ÁÔÔ^
ÿ,ஏய_ ¿ஸ\ஜ≈› லÏ©யுÔ^ .. 96 Sentence arbitral du Travail .. 96 Award of the Labour Court .. 96
de Tribunal.
∂´∑ ∂§ள¬ÁÔÔ^ .. 101 Notifications du Gouvernement .. 101 Government Notifications .. 101 ∞È ∂§ள©யுன .. 104 Vente publique .. 104 Auction notice .. 104 ப✓›,ஏ™ றுÆம™∫Ô^ .. 105 Etablissements dangereux .. 105 Dangerous Establishments .. 105
.. 106 Announcements .. 106 ƒஏர≈§¬ÁÔÔ^ .. 106 Annonces
[85]86 LA GAZETTE DE L'ETAT [31 January 2023
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
No. 4582/DRDM/C3/PAWN/2016/7701.
Puducherry, dated 28th December 2022.
Present : E. Vallavan, I.A.S.,
District Collector-cum-District Magistrate.
Sub. : DRDM – The Puducherry Pawn Brokers Act, 1966 – Public Auction – Sale of unredeemed and time barred jewels – Permission Order – Issued – Reg.
Ref. : 1. Application of Thiru N. Ajeet Kumar Jain, Pawn Broker, No. 67, Carpenter Street, Nellithope, Puducherry-605 005, dated 15-09-2022.
2. Consent letter of Thiru B. Karthikeyan, 39A/32, Srinivasan Street, Thirupathiripuliyur, Cuddalore Taluk – Authorized Auctioneer, dated 15-09-2022.
3. Report of the Deputy Collector (Revenue) North, Puducherry vide Lt. No. 6636/DC(R)N/A7/ PB/2020-21/3456, dated 16-12-2022.
ORDER
Whereas, an application, dated 15-09-2022 was received from Thiru N. Ajeet Kumar Jain, Pawn Broker (L.No. 199), No. 67, Carpenter Street, Nellithope, Puducherry-605 005, a licensed Pawn Broker requesting permission of the District Magistrate to sell unredeemed and time barred articles in public auction;
2. And whereas, the list of unredeemed and time barred articles submitted by the Pawn Broker was forwarded to the Deputy Collector (Revenue) North, Puducherry, for causing physical verification of the articles and ascertain that they remain unredeemed after the time allowed for redemption;
3. And whereas, the Deputy Collector (Revenue) North, Puducherry, has furnished the report, stating that the Tahsildar, Taluk Office, Puducherry, had conducted physical verification of the articles that are unredeemed and time barred pledged with Thiru N. Ajeet Kumar Jain, Pawn Broker (L.No. 199), No. 67, Carpenter Street, Nellithope, Puducherry-605 005 and reported that the articles mentioned in the application remained unredeemed past the time allowed and the articles are kept in the licensed premises itself except the eight items vide Catalogue Nos. 81, 104, 119, 142, 150, 159, 235 and 248 of the list and the description of articles duly corrected in respect of the item at Catalogue No. 39 vide letter cited under reference (3), which were redeemed subsequently, after the application of the Pawn Broker cited at reference (1);
4. And whereas, the rule 12 of the Puducherry Pawn Brokers Rules, 1966 prescribes detailed procedure on auctioning of pledges;
5. Now, therefore, Thiru B. Karthikeyan, Thirupathiripuliyur, Authorised Auctioneer, is permitted to conduct within 60 days from the date of receipt of this order, the sale of unredeemed time barred articles, pledges as shown in the list enclosed and available with the Pawn Broker, Thiru N. Ajeet Kumar Jain, Pawn Broker (L.No. 199), No. 67, Carpenter Street, Nellithope, Puducherry-605 005, in public auction in the licensed premises of the Pawn Broker at the above address, as per the list approved and sent to the Pawn Broker and the Auctioneer, except Catalogue Nos. 81, 104, 119, 142, 150, 159, 235 and 248 of the list, which were redeemed. The Pawn Broker and Auctioneer shall observe the above formalities detailed as required under the rules framed under the Puducherry Pawn Brokers Act, 1966, before conducting the sale of time barred and unredeemed pledged articles in the public auction:
| Sl.No. | Details of articles | Number of articles (Catalogue) |
| 1 | Gold | 212 |
| 2 | Silver | 55 |
| 3 | Brass | — |
| Total | 267 |
E. VALLAVAN, I.A.S., District Collector-cum-District Magistrate.
31 January 2023] LA GAZETTE DE L'ETAT 87 88 LA GAZETTE DE L'ETAT [31 January 2023 31 January 2023] LA GAZETTE DE L'ETAT 89 90 LA GAZETTE DE L'ETAT [31 January 2023 31 January 2023] LA GAZETTE DE L'ETAT 91 92 LA GAZETTE DE L'ETAT [31 January 2023 31 January 2023] LA GAZETTE DE L'ETAT 93 94 LA GAZETTE DE L'ETAT [31 January 2023 31 January 2023] LA GAZETTE DE L'ETAT 95 96 LA GAZETTE DE L'ETAT [31 January 2023GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT
(G.O. Rt. No. 175/AIL/Lab./T/2022,
Puducherry, dated 15th December 2022)
NOTIFICATION
Whereas, an Award in I.D (T) No. 16/2018, dated 15-09-2022 of the Industrial Tribunal-cum-Labour Court, Puducherry, in respect of dispute between the management of M/s. Strides Shasun Pharmaceuticals Limited, Puducherry and Shasun Chemical Staff Union, Ariyankuppam, Puducherry, over inclusion of apprentice period for counting the terminal benefits of Thiru. John Arthur.
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. 20/9/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)
P. RAGINI, Under Secretary to Government (Labour).
————
The General Manager, M/s. Strides Shasun Pharmaceuticals Limited, R.S.No. 33 & 34, Mathur Road, Periyakalapet, Puducherry-605 014.
. . Respondent This Industrial dispute coming on 06-09-2022 before me for final hearing in the presence of Tvl. S. Kalimuthu @ L e n i n D u r a i , C o u n s e l f o r t h e P e t i t i o n e r a n d Tvl. L. Sathish, S. Velmurugan, E. Karthik and S. Sudarasanan, Counsel for the Respondent, upon hearing both sides, perusing the case records, after having stood over for consideration till this day, this Court delivered the following:
AWARD
This Industrial Dispute has been referred by the Government as per the G.O. Rt.No.118/AIL/LAB/T/ 2018, dated 31-07-2018 for adjudicating whether the industrial dispute raised by Shasun Chemical Staff Union, Ariyankuppam, Puducherry, against the Management of M/s. Strides Shasun Pharmaceuticals Ltd., Puducherry, over inclusion of apprentice period for counting the terminal benefits of Thiru. John Arthur is justified or not? If justified, what relief the Petitioner is entitled to?
(b) To compute the relief, if any awarded in terms of money, if, it can be so computed?
BEFORE THE INDUSTRIAL TRIBUNAL-CUM-
LABOUR COURT AT PUDUCHERRY
2. Brief averments made in the claim Statement of the
Present : Tmt. V. Sofana Devi, M.L.
Petitioner are as follows:
Presiding Officer.
Thursday, the 15th day of September, 2022
I.D. (T) No. 16/2018
C.N.R. No. PYPY06-000070-2018
The President, Shasun Chemical Staff Union, No. 20, Cuddalore Road, Ariyankuppam, Puducherry-605 007.
. . Petitioner
Vs.
The petitioner Mr. Y. John Arthur had worked in the respondent company from 07-09-1991 to 11-02-2014 for 23 years 1 month and 4 days till his superannuation. The respondent company had given him the gratuity amount by calculating the service period of the petitioner as 20 years only, not for 23 years. For which the reason stated by the respondent company is that the petitioner employee had worked from 07-01-1991 to 30-09-1993 only as apprentice i.e., 2 years 8 months and 23 days for the such apprentice31 January 2023] LA GAZETTE DE L'ETAT 97 period the gratuity amount cannot be paid and thus, such period of his apprenticeship had not been included while calculating the gratuity. This calculation excluding the apprenticeship period amounts to an adverse impact on the calculation of petitioner/ employee's pension benefits, gratuity and other benefits. The refusal to include the apprentice period for the purpose of calculating the gratuity of the respondent company amounts to violation of Industrial Disputes Act. Under section 2 (s) of Industrial Disputes Act, apprentice also included under the category of workman. Hence, the respondent company is liable to pay ` 26,040 to the petitioner employee towards the gratuity for the period 07-01-1991 to 30-09-1993. Hence, the petition.
(b) Petitioner already filed a petition before Controlling Authority, Payment of Gratuity, Puducherry in PG.No.41/2017 raising the dispute of miscalculation. Having approach the competent authority for Payment of Gratuity, petitioner cannot approach this court also for computation of gratuity, whether for the same period or for some other period.
3. The brief averments of the counter filed by the
respondent are as follows:
(i) Petitioner has raised a dispute against a company which does not exist. There was and is no company by name Strides Shasun Pharmaceuticals Limited and hence, no claim can be raised against such no-existent company.
(c) Section 2(s) of Industrial Disputes Act, even an apprentice is worker. Even assuming petitioner was an apprentice from 07-01-1991, to the Controlling Authority, Payment of Gratuity in PG. No. 41/2017, the petition for computation of gratuity is still not entertainable. Petitioner cannot invoke section 2(s) of Industrial Disputes Act for making a claim of gratuity when section 2 (e) of Payment of Gratuity Act, which is a special Statute governing payment of gratuity defines the terms worker/employee.
(d) As per section 2(e) of Payment of Gratuity Act, for computing payment of gratuity, apprentice are excluded from definition of term worker/employee and apprentice is not eligible for gratuity and period served by the worker/employee as apprentice cannot be calculated for payment of gratuity.
(iv) Petitioner has no locus to raise the present ID and the Government of Puducherry ought not to have referred the dispute to this Court.
(v) Petitioner was employed and got superannuated on 10-02-2014 and he was paid gratuity by the erstwhile management to the tune of ` 1,73,608. It is absolutely false to claim the petitioner ever worked as on apprentice and hence, the petitioner has to prove the same. The petitioner has not claimed that he was worked as apprentice before the Controlling Authority, Payment of Gratuity in PG.No.41/2017, which confirms that claims are absolutely bogus. Hence, the claim of the petition is liable to be dismissed.
4. The Points for consideration are:
(ii) The very cause title of the reference and claim petition is defective. One M/s. Shasun Pharmaceuticals Limited, was engaged in the business of manufacturing tablets and pharmaceutical products. The said company was merged with M/s. Strides Arcolab Limited by way of a scheme of Amalgamation by the order of Hon'ble High Court in company petition No.149/2015, dated 16-06-2015. The Amalgamated company was then named as M/s. Strides Shasun Limited and registered with Registrar of company vide certificate of incorporation, dated 18-11-2015. Again it was changed to M/s. Strides Pharma Science Limited and approved by Registrar of company vide certificate of incorporation dated 18-07-2018. Hence, the nomenclature of the respondent in the cause title of the petition is erroneous and needs to be amended.
(iii) The present ID is raised by petitioner's Union on behalf of one Mr. John Arthur seeking payment of gratuity from 07-01-1991 to 30-09-1993, i.e., for 2 years 8 months and 23 days as apprentice in the erstwhile company of the respondent is not maintainable and liable to be rejected on following grounds:–
(a) All issues pertaining to payment of gratuity can be decided only by the special authority constituted under section 3 of Payment of Gratuity Act. Therefore, this Court has no inherent jurisdiction to decide this petition.
(1) Whether the Petitioner is entitled for inclusion of apprentice period for counting the terminal benefits of Thiru. John Arthur and whether he is entitled for ` 26,040 towards gratuity amount for the apprentice period from the respondent company as prayed in the claim ?
(2) To what relief the Petitioner is entitled?
5. On Points :
On the Petitioner side, Mr. Y. John Arthur / the Petitioner himself was examined as PW1 and Exs. P1 and P2 were marked. On the respondent side,98 LA GAZETTE DE L'ETAT [31 January 2023 Mr. Balamurugan, Assistant Manager, HR of the respondent company was examined as RW1 and Ex. R1 to Ex.R7 were marked.
6. On the Points:
Three points of defence that have been raised on the side of the respondent company are:– (i) Petitioner has raised a dispute against a company which does not exist. The very cause title of the reference and claim petition is defective. The nomenclature of the respondent in the cause title of the petition is erroneous.
(ii) All issues pertaining to payment of gratuity can be decided only by the special authority constituted under section 3 of Payment of Gratuity Act. Therefore, this Court has no inherent jurisdiction to decide this petition. Petitioner already filed a petition before Controlling Authority, Payment of Gratuity, Puducherry in PG.No.41/2017 raising the dispute of miscalculation. Having approach the competent authority for Payment of Gratuity, petitioner cannot approach this Court also for computation of gratuity, whether for the same period or for some other period. The petitioner has not claimed that he was worked as apprentice before the Controlling Authority, Payment of Gratuity in PG.No.41/2017, which confirms that claims are absolutely bogus. Hence, the claim of the petition is liable to be dismissed.
(iii) Petitioner cannot invoke section 2(s) of Industrial Disputes Act for making a claim of gratuity when section 2 (e) of Payment of Gratuity Act, which is a special Statute governing payment of gratuity defines the terms worker/employee. As per section 2(e) of Payment of Gratuity Act, for computing payment of gratuity, apprentice are excluded from definition of term worker/employee and apprentice is not eligible for gratuity and period served by the worker / employee as apprentice cannot be calculated for payment of gratuity.
7. As far as the first defence is concerned, the ID raised as against the General Manager, M/s. Strides Shasun Pharmaceuticals Limited, Puducherry. According to the respondent company, one M/s. Shasun Pharmaceuticals Limited, was engaged in the business of manufacturing tablets and pharmaceutical products. The said company was merged with M/s. Strides Arcolab Limited by way of a scheme of Amalgamation by the order of Hon'ble High Court in company petition No.149/2015, dated 16-06-2015. The Amalgamated company was then named as M/s. Strides Shasun Limited and registered with Registrar of company vide certificate of incorporation, dated 18-11-2015. Again it was changed to M/s. Strides Pharma Science Limited and approved by Registrar of company vide certificate of incorporation, dated 18-07-2018.
8. In support of his above contentions, the learned Counsel for the respondent referred his documents marked as EX.R4 to EX.R7 in order to substantiate the above defence. From these Exhibits, I shall see that since 18-07-2018, the company name is M/s. Strides Pharma Science Limited. This ID has been raised in the year 2018 under the reference, dated 30-07-2018 as against the General Manager, M/s. Strides Shasun Pharmaceuticals Limited, Puducherry, even much before that the said company was merged with M/s. Strides Arcolab Limited by way of a scheme of Amalgamation and the order of Hon'ble High Court in company petition No.149/2015, dated 16-06-2015 (EX.R4). The Amalgamated company was then named as M/s. Strides Shasun Limited and registered with Registrar of company vide certificate of incorporation, dated 18-11-2015. Again it was changed to M/s. Strides Pharma Science Limited and approved by Registrar of company vide certificate of incorporation, dated 18-07-2018. The above objection raised by the Respondent Management that despite the wrong in describing the cause title was indicated in the counter statement of the Respondent Management, the petitioner has not come forward to amend the nomenclature of the company in its Claim Petition as M/s. Strides Pharma Science Limited is sustainable.
9. According to the second and third defence are concerned, when the Petitioner already could file a petition before Controlling Authority, Payment of Gratuity, Puducherry in PG. No.41/2017 raising the dispute of miscalculation what prevented him to raise this present issue of claiming gratuity for the apprenticeship period in the same proceedings or before the same forum. Photocopy of the petition filed by Mr. John Arthur in PG.41/2017 before Controlling Authority under payment of Gratuity is marked as EX.R2, on respondent company side. It has not been denied by the petitioner at any occasions before this Court. To the contrary, he admitted while he was cross examined by the respondent Counsel that, he filed PG.41/2017 before Controlling Authority under payment of Gratuity for correct calculation of Gratuity. For the better appreciation, the relevant portion of PW1 oral evidence during his cross-examination is reproduced hereunder :
Âஏஜ ,ஏ¬Ô_ ÿƒகுஅ^· \,ƒஏப.2áப™ 07-01-1911 º,ஸட'¶ Shasun drugs றுÆம™ Appointment order for the post of Apprentice training ®ஜ≈ உ›,´ள_ 3-மஅ Clause-_ ®™¬ண \ஏ,னு º,ஏÆனு ` 250 ®ஜ–Á¶டீ apprentice ÔஏȬÔ'¶›ஸரண31 January 2023] LA GAZETTE DE L'ETAT 99 Association vs. S.C. Sekar and others, (2009)2 SCC 784, it has been observed that the Superior Courts of this Country must discourage forum-shopping".
11. Further, the learned Counsel for the respondent would stress upon that all issues pertaining to payment of gratuity can be decided only by the special authority constituted under section 3 of Payment of Gratuity Act. Therefore, this Court has no inherent jurisdiction to decide this petition. He would also argue that the petitioner cannot invoke section 2(s) of Industrial Disputes Act for making a claim of gratuity when section 2 (e) of Payment of Gratuity Act, which is a special statue governing payment of gratuity defines the terms worker / employee.
stiphend-பÔ மற∫Ô©✓|னு ®ஜÆனு ºமÆ ÷,´ Allowance- Ôº·ஏ, bonus ∂_Èஅ ÷,´ \ர≈ று´Õ,´ ÿ,ஏயÈஏ·ÏÔ"¬ண மற∫Ô¬ÌΩடீ ✓ð ✓ÈஜÔº·ஏ மற∫˛¶ ÷டீÈஏஅ ®ஜÆ ளˆமஏÔ ண§©∏¶©✓'|^·அ ®ஜ≈ஏ_ ƒˆ,ஏஜ. º\ர✓Ω று✓Õ,Á™ÔÁ™ ∞ரƬÿÔஏı|,ஏஜ, º\ர✓Ω Shasun றுÆம™›ஸ_ apprentice training-பÔ ºƒÏÕº,ஜ ®ஜ≈ஏ_ ƒˆ,ஏஜ. º\ர✓Ω \,ƒஏப.2á|¶ஜ, Âஏஜ º\ர✓Ω றுÆம™›ஸ_ று´Õ,´ ÿ,ஏயÈஏπடீஏÔ ÿƒகுடீ©✓'¶ ∏ஜ™Ï, ∏©´மˆ 2014-னு பı|¬ணˆடீ \ஏ,fl ƒனு✓· ✓'Ωடீ_ ள✓´›Á, ÷Áð›அ^º·ஜ ®ஜÆ ÿƒஏஜ™ஏ_ ƒˆ,ஏஜ. ∂Õ, ✓'Ωடீழ_ Âஏஜ ✓Ëட_ ºƒÏÕ, Âஏ^ 01-10-1993 ®ஜÆ ண§©∏¶©✓'|^·அ ®ஜ≈ஏ_ ƒˆ,ஏஜ. Âஏஜ ✓Ëட_ ÷ÚÕ, ÔஏȬÔ'¶›ஸ_, ®ஜ–Á¶டீ ✓Ëட_ ºƒÏÕ, º,ஸ 01-10-1993 ®™ ண§©∏¶©✓'ΩÚ©✓அ ,மÆ ®™ ப'ºƒ∏›அ, ®ø›அதுÈ\ஏ™ \– ∞º,–னு ÿÔஏ|›º,™ஏ ®ஜ≈ஏ_ ˛Á¶டீஏஅ. ®™¬ண மற∫Ô©✓'¶ Bonus, EPF ∏Ω›,னு \ரÆனு ÷,´ ƒமுÁÔÔ^ 01-10-1993 º,ஸÁடீ Á\டீ\ஏÔ Áம›அ Ôð¬˛¶©✓'| மற∫Ô©✓'|^·அ ®ஜ≈ஏ_ ƒˆ,ஏஜ. Payment of Gratuity Authority-ட¶னு ®™¬ண மற∫Ô©✓'¶ gratuity ணÁ≈›அ மற∫Ô©✓'|^·,ஏÔ Ì§ ŒÚ \–Áம ,ஏ¬Ô_ ÿƒகுஅ ∂அ PG.No.41/2017 ®ஜ≈ ®ıË_ றுமுÁமட_ உ^·அ ®ஜÆ ÿƒஏஜ™ஏ_ ®™¬ண ∂Õ, மற¬˛ஜ stage ✓ர§ ÿ,ˆடீள_ÁÈ. ∂Õ, \–ள_ ®™¬ண apprentice ÔஏÈ›ஸரணˆடீ gratuity மற∫Ôள_ÁÈ ®ஜÆ ºÔ'|^º·™ஏ ®ஜ≈ஏ_ ®™¬ண ÿ,ˆடீள_ÁÈ. ∂Õ, மற¬ண ஒ,ழ_ ,ஏ¬Ô_ ÿƒகுடீ©✓'¶ மற¬ண ®ஜÆனு, ∂,ஜ ∏ஜ™º´ ÷Õ, ÿ,ஏயர,ஏமஏ ®ø©✓©✓'¶அ ®ஜÆ ÿƒஏஜ™ஏ_ ®™¬ண ∂அ ✓ர§டீ ள✓´னுÿ,ˆடீள_ÁÈ, Gratuity ƒனு\Õ,\ஏÔ ÷´ı| ÿமÀºமÆ ÷¶∫Ôπ_ ஒÁ≈ஓ|/\– ,ஏ¬Ô_ ÿƒகுடீ ®™¬ண ∂ÚÔÁ,ட_ÁÈ ®ஜ≈ஏ_ ®™¬ண ÿ,ˆடீள_ÁÈ. Gratuity ƒ'¶›ஸ_ ®ÀமஏÆ gratuity மற∫Ô©✓¶ ºமı|னு ®™ ∂π¬Ô✓'ΩÚ¬ணனு ள✓´∫Ô^ ண§›அ ®™¬ண ÿ,ˆடீஏஅ. Payment of Gratuity Act-✓Ω apprentice training ÔஏȬÔ'¶›ஸரண gratuity மற∫˛¶ ÷டீÈஏஅ ®ஜÆ ÿƒஏஜ™ஏ_ ®™¬ண ∂அ ✓ர§ ÿ,ˆடீஏஅ.
12. Section 2(e) of Payment of Gratuity Act 'employee' means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but, does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. As per section 2(e) of Payment of Gratuity Act, for computing payment of gratuity, apprentice are excluded from definition of term worker/employee and apprentice is not eligible for gratuity and period served by the worker/employee as apprentice cannot be calculated for payment of gratuity. He also relied upon the following case-laws on this aspect.
(i) In a case reported in CDJ 2006 APHC 683 :
It is held in Page 5 that, "the payment of Gratuity Act is a self contained Code. It provides for deciding the liability of an employer, to pay gratuity, and the manner of calculation thereof. Section 8 of the Act prescribes the procedure for recovery of amount payable as gratuity". It reads as under:
10. It is argued by the learned Counsel for the respondent that having approach the competent authority for Payment of Gratuity, petitioner cannot approach this Court again for computation of gratuity, whether for the same period or for some other period. Further, he would contend that the petitioner has not claimed that he was worked as apprentice before the Controlling Authority, Payment of Gratuity in PG. No. 41/2017. Thus, he concluded his argument on this point that party can choose either of the forms but, not the two forums for the same relief and relied on a case-law on this aspect. In a case reported in CDJ 2014 SC 1238:
A Section 8 : Recovery of Gratuity :- If, the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector who shall recover the same, together with compound interest thereon (at such rate as the Central Government may, by notification, specify) from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto.
It is held in Page 4, Para 13 that: "............. in Chetak Construction Limited, vs. Om Prakash and others, 1998(3) R.C.R. (Civil) 644: (1998) 4 SCC 577, wherein, this Court has observed that a litigant cannot be permitted 'choice' of the 'forum' and every attempt at 'forum- shopping' must be crushed with a heavy hand. In Tamil Nadu Mercantile Bank shareholders Welfare100 LA GAZETTE DE L'ETAT [31 January 2023 Provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate.
Provided further that the amount of interest payable under this section shall, in no case exceed the amount of gratuity payable under this Act.
This provision does not admit of, any doubt that the only method to recover the amount of gratuity is, to approach the controlling authority, section 14 of that Act gives an overriding effect upon the provisions contained in any other enactment. In State of Punjab vs. Labour Court, Jalandhar AIR 1979 SC 1981 the recovered by initiating proceedings under section 33 C (2) of the Act.
(ii) In a case reported in CDJ 1979 SC 037:
It is held in Page 3 that, "......... The third contention raised by the appellant is that the employee respondents were not entitled to apply under section 33-C(2) of the Industrial Disputes Act, 1947 for payment of the gratuity, and should have, if at all, applied under the provisions of the Payment of Gratuity Act. It is urged that the Payment of Gratuity Act is a self-contained code incorporating all the essential provisions relating to payment of gratuity which can be claimed under that Act, and its provisions impliedly exclude recourse to any other statue for that purpose. The contention has force and must be accepted".
(iii) In a Order passed in W.P. (MD) No. 3490/2019:
than an apprentice. Payment of Gratuity Act is a special enactment provides for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. The Petitioner has also approached the Controlling Authority, Payment of Gratuity in PG.No.41/2017 for alleged miscalculation of his gratuity for the period of his regular employment, i.e., 01-10-1993 to till his superannuation, dated 10-02-2014. No reason stated by the petitioner about why he did not seek for the payment of gratuity amount for his apprentice period before the Controlling Authority, Payment of Gratuity in PG.No. 41/2017. From the documents produced by the petitioner himself such as Photocopy of the appointment order for the post of Apprentice Trainee issued by M/s. Shasun Drugs, Puducherry and photocopy of salary slip of the petitioner for the month of February 2014 (EX.P2), Photocopy of the petition filed by Mr. John Arthur in PG.41/2017 before Controlling Authority under payment of Gratuity (EXR2) and from oral admissions of the petitioner as PW1 before this Court, it is clearly proved that he was joined the company Shasun Drugs on 07-01-1991 as an apprentice vide appointment order EX.P2 and his date of joining as regular employee was only on 01-10-1993 and same has been reflected in his salary slip for the month of February 2014, marked along with his Apprentice Appointment Order EX.P2. Therefore, he was joined and worked only as Apprentice from 07-01-1991 to 30-09-1993 for 2 years 8 months 23 days. Under the Payment of Gratuity Act, apprentice is excluded for payment of gratuity. Further, when there is a special enactment under which an authority is appointed for deciding the issue on gratuity and anything incidental thereto and the petitioner having approached same authority for alleged miscalculation, but, not made any claim regarding the gratuity for his apprentice period before such authority which has been specially empowered to decide the issue under the special statute, is highly fatal to his claim. Without making such claim before the said authority and subsequently claiming the same before this Labour Court is not maintainable.
14. From the above discussions and findings, the point for consideration is decided as against the Petitioner employee and consequently he is not entitled for any relief as sought for in the claim petition.
It is held in Page 3 - Para 4 that : "This Court is of the considered view that for the facts and circumstances of the instant case, a period of two years from 27-11-1983, i.e., up to 26-11-1985 will have to be treated as an apprentice period for which, the third respondent is not entitled for any gratuity amount in terms of section 2(e) of the Payment of Gratuity Act, 1972. Accordingly, the proportionate gratuity amount for the apprentice period from 27-11-1983 to 26-11-1985 will have to be reduced from and out of the gratuity amount awarded by the second respondent in its order, dated 09-11-2017 in P.G.No.68/2016. In so far as, the other findings of the Authorities below are concerned, this Court does not find any infirmity in the same and are hereby confirmed".
13. From the above, it is made clear that under the provisions of Payment of Gratuity Act, there is an express exclusion that employee means any person other
In the result, the reference is unjustified and the Petitioner is not entitled for any relief. The industrial dispute as raised by the Petitioner is dismissed. There is no order as to costs.
31 January 2023] LA GAZETTE DE L'ETAT 101Dictated to the Stenographer, directly typed by her, corrected and pronounced by me in open Court on this the 15th day of September, 2022.
Ex.R2 — – Photocopy of the petition filed by Mr. John Arthur in
V. SOFANA DEVI,
Presiding Officer, Industrial Tribunal-cum-
Labour Court, Puducherry.
PG.41/2017 before Controlling Authority under payment of Gratuity.
Ex.R3 — – Photocopy of the counter statement filed by the respondent in PG.41/2017.
List of petitioner witness:
PW1 — 13-02-2020 Mr. John Arthur
Ex.R4 — 16-06-2015 Photocopy of the Orders passed by the Hon'ble High Court in company petition
No.149/2015.
List of petitioner side exhibits:
Ex.P1 — 13-02-2020 Form - F issued in favour of representative by name
Mr. Durai Arumugam.
Ex.P2 — 07-01-1991 Photocopy of the appointment order for the
post of Apprentice Trainee issued by M/s. Shasun Drugs, Puducherry and
photocopy of salary slip of the petitioner for the month of February 2014.
Ex.R5 — 18-11-2015 Photocopy of the certificate o f I n c o r p o r a t i o n o f
M/s. Strides Shasun Limited issued by Registrar of Companies, Puducherry.
Ex.R6 — 18-07-2018 Photocopy of the name of M/s. Strides Shasun Limited was changed to M/s. Strides
Pharma Science Limited and it was approved by Registrar of Companies vide
certificate of Incorporation.
List of respondent's witness:
Rw1 — 06-09-2021 Mr. Balamurugan Ex.R7 — 25-03-2017 Photocopy of the Certificate of Incorporation of M/s. Strides List of respondent side exhibits:
Pharma Science Limited to Solara Active Pharma Science Limited.
V. SOFANA DEVI,
Ex.R1 — 21-08-2021 Letter of Authorization authorizing Mr. Balamurugan to depose evidence in the
present ID on behalf of respondent company.
Presiding Officer, Industrial Tribunal-cum-
Labour Court, Puducherry.
GOVERNMENT OF PUDUCHERRY
OFFICE OF THE DEPUTY DIRECTOR (SECONDARY EDUCATION), KARAIKAL
NO. 0601/DDSE/KKL/E3(Exam)/2022/528.
Karaikal, dated 06th January 2023.
NOTIFICATION
It is hereby notified that the following candidates have lost their original Higher Secondary Course (I-Year and II-Year)/S.S.L.C. Examination Mark Certificates beyond the scope of recovery, the necessary steps have been taken to issue duplicate certificates. If, anyone finds the original Mark Certificate(s), it/they may be sent to the Secretary, State Board of School Examinations (Sec.), College Road, Chennai – 600 006 for cancellation, as it is/they are no longer valid.
102 LA GAZETTE DE L'ETAT [31 January 2023Sl. Name of the Register No., Serial No. of the School in which studied last No. applicant session and year mark certificate
(1) (2)
(3) (4)
(5)
1 Thiru Muruganandham, R. 4848593, I-Year HSV V.O.C Government Higher
March-2018. 2169394 Secondary School, Kottucherry,
4848593, II-Year – March-2019.
Karaikal.
2 Thiru Manikandan, R. 4928326, S.S.L.C. Z1923622 Government Higher Secondary
March-2020. School, Thenoor, Thirunallar,
————
GOVERNMENT OF PUDUCHERRY
Karaikal.
M. RADJESVARY, Deputy Director, (Secondary Education).
GOVERNMENT OF PUDUCHERRY CHIEF SECRETARIAT (HIGHER AND TECHNICAL EDUCATION) DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS
(PERSONNEL WING)
(G.O. Ms. No. 04, Puducherry, dated 12th January 2023)
(G.O. Ms. No. 02, Puducherry, dated 13th January 2023)
NOTIFICATION
On attaining the age of superannuation, Tmt. S. Malathy, Assistant Professor in English, Ta g o r e G o v e r n m e n t A r t s a n d S c i e n c e C o l l e g e , Puducherry, shall retire on the afternoon of 31-01-2023.
(By order)
M.V. HIRAN, Under Secretary to Government, (Higher and Technical Education).
————
GOVERNMENT OF PUDUCHERRY NOTIFICATION
In pursuance of the Order No.14016/24/2022, UTS-I, dated 30-12-2022 of the Ministry of Home Affairs, New Delhi, Shri P. Jawahar, I. A. S., (AGMU:2007), Chief Electoral Officer-cum-Secretary to Government on promotion to Super Time Scale (Level-14 in the Pay Matrix) with effect from 01-01-2023, is designated as Chief Electoral Officer-cum-Commissioner-cum-Secretary to Government, Puducherry. He has assumed charge in the Super Time Scale on 01-01-2023. He shall continue to hold charge of the subjects already held by him.
(By order of the Lieutenant-Governor) HOME DEPARTMENT
(G.O. Ms. No. 02, Puducherry, dated 13th January 2023)
NOTIFICATION
RAJEEV VERMA, Chief Secretary to Government.
————
GOVERNMENT OF PUDUCHERRY CHIEF SECRETARIAT (WORKS) (G.O. Ms. No. 3, Puducherry, dated 19th January 2023) The Lieutenant-Governor, Puducherry, is pleased to declare Holiday on 17th January, 2023 (Tuesday) for all Government Offices and Institutions in all the regions of Union territory of Puducherry on account of "Uzhavar Thirunal" in lieu of Restricted Holiday declared earlier vide G.O. Ms. No. 52, dated 13-10-2022 of the Home Department, Puducherry, the 04th February, 2023, Saturday will be a compensatory working day.
2. This leave is not covered under, Negotiable Instruments Act, 1881.
(By order)
M. V. HIRAN, Under Secretary to Government. 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. Vaitianadin, Assistant Architect, Architectural Wing, Public Works Department, Puducherry, is admitted into retirement on the afternoon of 31-01-2023.
(By order)
P. EJOUMALE, Under Secretary to Government (Works).
31 January 2023] LA GAZETTE DE L'ETAT 103GOVERNMENT OF PUDUCHERRY GOVERNMENT OF PUDUCHERRY LAW DEPARTMENT
LAW DEPARTMENT
(G.O. Ms. No. 02/2023-LD,
Puducherry, dated 20th January 2023)
(G. O. Ms. No. 5/LD/2022,
Puducherry, dated 23rd January 2023)
NOTIFICATION
In exercise of the powers conferred under sub-section (1) of section 24 of the Code of Criminal Procedure, 1973 and in consultation with the High Court, Madras, the Lieutenant-Governor, Puducherry, is pleased to appoint Thiru K.S. Mohandass, Advocate as the Public Prosecutor for the Government of Puducherry, at the Hon'ble High Court of Judicature at Madras, for a period of three years with effect from the date of assumption of charge.
2. The terms and conditions for the appointment of Public Prosecutor at High Court, Madras, shall be as set out in the Puducherry Law Officers (Appointment and Conditions of Service) Rules, 2021 notified in G.O. Ms. No. 22/2021-LD, Puducherry, dated 11th June 2021 of the Law Department, Government of Puducherry.
(By order of the Lieutenant-Governor)
N. MURUGAVEL, Under Secretary to Government (Law).
————
GOVERNMENT OF PUDUCHERRY
NOTIFICATION
The Lieutenant-Governor, Puducherry, is pleased to order that the Retired Hon'ble Justices of the Madras High Court, as detailed below, are empanelled as Arbitrators under the Arbitration and Conciliation Act, 1996 for settlement of disputes arising out of the Contracts of the Government of Puducherry:-
(i) Hon'ble Mr. Justice. K. Kalyanasundaram, Plot No. 406, 5th South Cross Street, Kapaleeswarar Nagar, Neelankarai, Chennai-600 115.
(ii) Hon'ble Mr. Justice. K. Ravichandra Baabu, No. 10, Crescent Castle, 13/6, 2nd Crescent Park Road, Gandhi Nagar, Chennai-600 020.
(iii) Hon'ble Ms. Justice. S. Kannammal, D16, Casa Grande Aldea, Thoraipakkam, Chennai-600 097.
(iv) Hon'ble Mr. Justice. V. Bharathidasan, LAW DEPARTMENT
No. 22, 2nd Main Road, Kamarajar Nagar, Thiruvanmiyur, Chennai-600 041.
(v) Hon'ble Mr. Justice. N. Kirubakaran, (G.O. Ms. No. 03/2023-LD, Puducherry, dated 20th January 2023)
NOTIFICATION
In exercise of the powers conferred under sub-section (1) of section 24 of the Code of Criminal Procedure, 1973 and in consultation with the High Court, Madras, the Lieutenant-Governor, Puducherry, is pleased to appoint Thiru M.V. Ramachandra Murthy, Advocate as the Additional Public Prosecutor for the Government of Puducherry, at the Hon'ble High Court of Judicature at Madras, for a period of three years with effect from the date of assumption of charge.
No. 36, 2nd Cross Street, Rayala Nagar, Ramapuram. Chennai-600 089.
(vi) Hon'ble Ms. Justice. T. Krishnavalli, Stage I, H2, TNHB Colony, Sreenivasaragavan Nagar, V.M.Chatrum, Tirunelveli-620 011.
(By order of the Lieutenant-Governor)
N. MURUGAVEL, Under Secretary to Government (Law).
————
GOVERNMENT OF PUDUCHERRY LAW DEPARTMENT
(G.O. Ms. No. 07/2023-LD,
Puducherry, dated 24th January 2023)
2. The terms and conditions for the appointment of Additional Public Prosecutor at High Court, Madras, shall be as set out in the Puducherry Law Officers (Appointment and Conditions of Service) Rules, 2021 notified in G.O. Ms. No. 22/2021-LD, Puducherry, dated 11th June 2021 of the Law Department, Government of Puducherry.
(By order of the Lieutenant-Governor)
N. MURUGAVEL, Under Secretary to Government (Law).
NOTIFICATION
On attaining the age of superannuation, Thiru P. Nadaradjane, Deputy Law Officer, Law Department, Puducherry, who is officiating in the post104 LA GAZETTE DE L'ETAT [31 January 2023 ✓ÁwB Ô™´Ô kVÔ™∫Ô^ (ÿ\ஏ›, ®ıˬÁÔ : 1)
1 . ¶ஏ¶ஏ மஏ'¶Ï ÿ¶ı¶Ï சுஆ' .. 1
of Manager (Legal) at Pondicherry Industrial Promotion Development and Investment Corporation Limited (PIPDIC), Puducherry on deputation basis, is admitted into retirement on the afternoon of 31-01-2023.
(By order)
N. MURUGAVEL, Under Secretary to Government (Law).
யுஅflºƒˆ ∂´∑ º✓V¬zk´›m› mÁ≈ ∂´∑ kVÔ™ ✓Ë\Á™
∞È ∂§ள©யு (வஜ™டி ÷Áðடீ,· ∞ÈஒÁ≈) (ண§©யு: ŒÀÿமஏÚ மÁÔ மஏÔ™∫Ôπஜ ®ıˬÁÔ•னு ∂Á¶©யு¬ ண§ஓ'Ω–^ ண§©∏¶©✓'|^·அ.)
ளıð©✓னுஇ வஜ ∞È ∂§ள©யுஇ ளஸஒÁ≈Ô^இ று✓Õ,Á™Ô^ \ரÆனு மஏÔ™∫Ôπஜ ளம´னு ∂¶∫˛டீ ✓Ωம∫ÔÁ· 31á01á2023áபனு º,ஸ ஒ,_ https:// eauction.gov.in \ரÆனு https://transport.py.gov.in ®ஜ≈ ÷Áðடீ,· ஒÔமˆட_ ✓ஸள≈¬Ôனு ÿƒகுஅ ÿÔஏ^·Èஏனு.
Amflºƒˆ, 2023 } ƒ™kˆ | 27 {.
S . ƒ›ஸடீதுÏ›ஸஇƒ›ஸடீதுÏ›ஸஇƒ›ஸடீதுÏ›ஸஇƒ›ஸடீதுÏ›ஸஇƒ›ஸடீதுÏ›ஸஇ அÁð º✓ஏ¬ணம´›அ பÁðடீÏ \ரÆனு ÿƒடீரÿ✓ஏ§டீஏ·Ï (ÿ✓ஏÆ©யு).
————
GOVERNMENT OF PUDUCHERRY TRANSPORT DEPARTMENT
G O V E R N M E N T A U T O M O B I L E W O R K S H O P Puducherry, dated 27th January 2023.
AUCTION NOTICE
(e-Auction system)
யுஅflºƒˆ ∂´நுஜ ✓_ºமÆ அÁ≈Ô"¬ணfl ÿƒஏÕ,\ஏ™ ✓ டீ ஜ ✓ ஏ ' Ω _ ÷ _ È ஏ , ˇ µ ¬Ô ı ¶ ✓ Á ற டீ  ஏ ஜ ண \ரÆனு ÷Úƒ¬Ô´ மஏÔ™∫Ô^ "உ^·அ உ^·✓Ω றுÁÈட_" (As-is-where-is-condition) ÷Áðடீ,·னு துÈனு (https://eauction.gov.in) 22á02á2023 ÔஏÁÈ 10.00 \Ë ஒ,_ 24á2á2023 \ஏÁÈ 4.00 \Ë மÁ´ட_ ∞Èனு ºƒÁமடீÔ›ஸஜ ,ஏ™ஏÔ ¿'Ω©யு ÿ,ஏ¶Úனு மÁ´ ∞Èனு ள¶©✓¶ ÷Ú¬˛≈அ. மஏÔ™ ளம´∫Ô^ ∏ஜமÚ\ஏÆ:
✓B™u≈ ∂´∑ kVÔ™∫Ô^ (ÿ\ஏ›,(ÿ\ஏ›,(ÿ\ஏ›,(ÿ\ஏ›,(ÿ\ஏ›, ®ıˬÁÔ®ıˬÁÔ®ıˬÁÔ®ıˬÁÔ®ıˬÁÔ ::::: 143)143)143)143)143)
✓Áறடீ ÷´ı| ƒ¬Ô´ மஏÔ™∫Ô^ (ÿ\ஏ›, ®ıˬÁÔ : 83)
Condemned/Old vehicles of various Departments of Government of Puducherry (Two wheelers, Four wheelers and Heavy vehicles) in "as-is-where- is-condition" will be auctioned through e-auction system on https:// eauction.gov.in for the period from 22-02-2023 at 10.00 a.m. to 24-02-2023 at 4.00 p.m. or till bid continued.
TOTAL NUMBER OF OLD AUCTIONING VEHICLES – 143
1 . Ω.ள.®¸. XL-50 .. 3 5. ®ஜ¨_' யு_È' .. 6 Old two wheelers (Total numbers : 83) 2. Ω.ள.®¸. 50 .. 3 6. ´ஏÎ#' .. 2 3. Ω.ள.®¸. Û©✓Ï .. 29 7. யு_È' .. 5 4. Ω.ள.®¸. ∏குº´ஏ .. 35
1. TVS XL 50 . . 3 5. Enfield Bullet . . 6 2. TVS 50 . . 3 6. Rajdoot . . 2 3. TVS XL Super . . 29 7. Bullet . . 5 4. TVS Fiero . . 35
✓ÁwB ÂV[z ƒ¬Ô´ kVÔ™∫Ô^ (ÿ\ஏ›, ®ıˬÁÔ : 59)
Old four wheelers (Total numbers : 59)
1 . \ºÔÕஸ´ஏ ˝© .. 5 13. ÿ¶னுº✓ஏ Ω´ஏ¬¸ .. 2 2. \ஏϺ≠_ ˝© .. 4 1 4. ¶ஏ¶ஏ ∑º\ஏ (Victa) .. 2 3. Ôஏ\ஏı¶Ï ˝© .. 1 1 5. ÿ\'¶ஏ¶Ï ºமஜ .. 1 4. \ºÔÕஸ´ஏ º✓ஏழº´ஏ .. 3 1 6. ¸ம´ஏÎ \¸,ஏ .. 1 5. ∂னு✓ஏநு¶ஏÏ ÔஏÏ .. 12 1 7. ¶ஏ¶ஏ ƒ✓ஏˆ .. 1 6. Ωÿ´¬ÔÏ .. 1 1 8. ¶ஏ¶ஏ ÷ஜΩÔஏ .. 1 7. º¶ஏடீஏ'¶ஏ ணமஏழ¸ .. 3 1 9. ◊ஜ¶ஏகு ∂ÿƒஜ' .. 1 8. \ºÔÕஸ´ஏ வஆ ✓¸ .. 1 20. \ºÔÕஸ´ஏ Ω´ஏ¬¶Ï .. 1 9. ®னு. ÿ✓ஜ¸ .. 1 21 . ÿ¶னுº✓ஏ Ω´ஏமÈÏ .. 2 10. \ஏÚஸ பனுஆ .. 3 22. ✓¤ஏÎ பனுயுÈஜ¸ .. 1 11. ¶ஏ¶ஏ ∑º\ஏ .. 9 23. \ஏÚஸ ∞¸Ωனு .. 1 1. Mahindra Jeep . . 5 13. Tempo Trax . . 2 2. Marshal Jeep . . 4 14. Tata Sumo Victa . . 2 3. Commandar Jeep . . 1 15. Matador Van . . 1 4. Mahindra Bolero . . 3 16. Swarj Mazda . . 1 5. Ambassador Car . . 12 17. Tata Safari . . 1 6. Trekker . . 1 18. Tata Indica . . 1 7. Toyota Qualis . . 3 19. Hyundai Ascent . . 1 8. Mahindra Mini Bus . . 1 20. Mahindra Tractor . . 1 9. M. Benz . . 1 21. Tempo Traveller . . 2 10. Maruthi Omni . . 3 22. Bajaj Ambulance . . 1 11. Tata Sumo . . 9 23. Maruti Esteem . . 1 12. Tata Spacio . . 2
12. ¶ஏ¶ஏ ¸º✓நுºடீஏ .. 231 January 2023] LA GAZETTE DE L'ETAT 105
Old heavy vehicles (Total numbers - 1)
1. Tata Water Tender Unit . . 1
and Annexure-II may be downloaded from the website https://eauction.gov.in., https://transport.py.gov.in with effect from 31-01-2023.
(Note: Every make of total number of the vehicles are mentioned within the bracket).
S. SATHIYAMOORTHY, Deputy Transport Commissioner -cum-Executive Engineer (in-charge).
Application Form, e-auction Notice, terms and conditions, list of Department vehicles of Annexure-I
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(3)
(4) (5) (6) 1 M/s. ºÂ≠™_ ✓ஏழ∏·ஏ¸' M/s. ºÂ≠™_ ✓ஏழ∏·ஏ¸' ∏·ஏ¸Ω¬ ∏ˆ✓ஏÏனு¸இ 1399.00 H.P. 50 (÷Õஸடீஏ) ∏Á´ºம' ழவ'¶'இ (÷Õஸடீஏ) ∏Á´ºம' ழவ'¶', ∏·ஏ¸Ω¬ ˛º´'¸இ யு' to 1725.00 (துஜÆ \Æ ∂·Áம ®ıÔ^ \Æ ∂·Áம ®ıÔ^ 128/3 Ôஜÿ¶கு™Ï \ரÆனு H.P. (Ì|,_ ✓Ë 128/3 \ரÆனு 128/6இ \ரÆனு 128/6இ ÷fiƒ¬≠ஜ º\ஏ_¶' வஜƒஏ´னு ஒÁ≈Ô^). NH ÿ\டஜ º´ஏ|இ ஸÚமı¶ஏϺÔஏட_இ ∏·ஏ¸Ω¬ பÏΩÔ_¸ 326.00 H.P.) ஸÚமı¶ஏϺÔஏட_இ மÚமஏகு ˛´ஏ\னுஇ யுஅflºƒˆ. ,டீஏˆ›,_. யுஅflºƒˆá605 102.
1973áபனு பı|இ யுஅflºƒˆ ˛´ஏ\னு \ரÆனு ÿÔஏனுசுஜ ✓fiƒஏடீ›அ¬Ô^ ƒ'¶›ஸஜ துÈ\ஏகு யுஅflºƒˆ Œஜ§டீ›அ ப'நு©✓´©∏_ ∂ஒÈஏ¬Ô©✓'¶ யுஅflºƒˆ ÿÔஏனுசுஜ ✓fiƒஏடீ›அ¬Ô^ (உˆ\னு \ரÆனு ∂–\ஸ ∂π›,_) ளஸÔ^இ 1976இ ∏ˆ° 11áஜ✓Ω ÷›ÿ,ஏய_ றுÆம™›ஸரண Ì|,_ வஜƒஏ´னு மற∫ணமஸ™ஏ_ உı¶ஏணனு ப'ºƒ✓ÁðÔ^ ∞º,–னு ÷ÚÕ,ஏ_இ ∂மரÁ≈ ÷Õ, ∂§ள©யு ∏´∑´\ஏ™ º,ஸடழÚÕஅ ✓›அ Âஏ'Ô"¬ண^ \ıðஏΩ©✓'| ÿÔஏனுசுஜ ✓fiƒஏடீ›அ பÁðடீÏ ∂மÏÔ"¬ண ®ø›அ துÈ\ஏகு ÿ,ˆடீ©✓|›அனு✓Ω ºÔ'|¬ÿÔஏ^·©✓|˛≈அ.
ண§©∏'¶ ÔஏÈமÁ´டீÁ≈¬ண^ ÿ✓≈©✓|னு ப'ºƒ✓ÁðÔ^ \ıðஏΩ©✓'| ÿÔஏனுசுஜ ✓fiƒஏடீ›,ஏ_ ✓ˆÊழ¬Ô©✓|னு.
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————
MANNADIPET COMMUNE PANCHAYAT, PUDUCHERRY
Thirubuvanai, dated 18th January 2023.
Dangerous Establishments
NOTICE
The undermentioned person has requested permission of the additional horse power to the exiting industry within the Mannadipet Commune Panchayat limits, as detailed below.
106 LA GAZETTE DE L'ETAT [31 January 2023Sl. Name and address Address of the Industry Power No. of No. of the applicant industry site proposed required workers (1) (2)
(3) (4)
(5) (6) 1 M/s. National Polyplast (India) M/s. National Polyplast Manufacture/Activity 1399.00 H.P. 50 Private Limited, at Re-survey (India) Private Limited, of plastic preforms, to 1725.00 H.P. (Three Nos. 128/3 and 128/6, Re-survey Nos. 128/3 plastic crates, food (Additional shifts). NH Main Road, and 128/6, container and injection Power 326.00 Thiruvandarkoil, Thiruvandarkoil Revenue, molded plastic articles. H.P.) Puducherry-605 102. Village, Puducherry.
In conformity with rule 11 of the Pondicherry Commune Panchayats (Grant of Licences and Permissions) Rules, 1976, promulgated of this Union Territory by the Puducherry Village and Commune Panchayats Act, 1973, objections, if any, for enhancement of the additional horse power to the above proposed industry, are invited to reach the Commissioner, within ten days from the date of publication of this notice in the Official Gazette.
The objections received within the specified period will be considered by the Mannadipet Commune Panchayat.
AFFIDAVIT
I, Mahalakshmi, wife of Madavane, residing at the house bearing Door No. 11, Bharathidasan Street, Kamarajar Nagar, Gorimedu, Puducherry-605 006, do hereby solemnly and sincerely affirm, to whomsoever it may concern as follows:
That I am the deponent herein. I swear this affidavit in respect of different spelling in the name of my husband. I state that in the Birth Certificate of my husband, under Registration No. P/1959/00006, his name has been mentioned as 'Madavane'.
In the Birth Certificate of my daughter by name Maragadam, under Registration No. M/1983/08647, my husband's name has been mentioned as 'Madhavan'.
I n m y E l e c t o r 's P h o t o I d e n t i t y C a r d , u n d e r No. NOG0131508, my husband's name has been mentioned as 'Moorthi' ('துÏ›ஸ').
In my husband's Elector's Photo Identity Card under No. DNX0326157, my husband's name has been mentioned as 'Mourthy @ Madhavan' ['துÏ›ஸ (®) \ஏ,மஜ'].
In my Aadhaar Card, under No. XXXX XXXX 0738, my husband's name has been mentioned as 'Madavane' ('\ஏ,மஜ').
In the Passbook of State Bank of India, Kadirkamam Branch, Puducherry, my husband's name has been mentioned as 'Madhavan'.
V. EJILERADJANE, Commissioner. In the Family Ration Card, under No. 372156, my husband's name has been mentioned as 'துÏ›ஸ (®) \ஏ,மஜ'.
Therefore, I do hereby declare that all the a b o v e s a i d n a m e s a r e r e f e r r e d , i d e n t i f i e d a n d relate to one and the same person, that is my said husband only.
I state that what are all stated in the above paragraphs is true and correct to the best of my knowledge, belief and information.
Solemnly and sincerely affirmed, and signed before the Notary Public at Puducherry, on this 09th day of January 2023.
562200 \ÔஏÈ'∑வ\ÔஏÈ'∑வ\ÔஏÈ'∑வ\ÔஏÈ'∑வ\ÔஏÈ'∑வ.
————
AFFIDAVIT
I, N. Thamotharan, son of Nallathambi, Hindu, aged about 50 years and residing at North Street Extension, Thengaithittu, Mudaliarpet, Puducherry-605 004, do hereby solemnly affirm and sincerely depose as follows:
That I am the deponent herein.
I state that I was born to my Hindu parents Nallathambi and Kullammal on 07-04-1972 and I was named as 'Thamotharan'. The said name is found in my Transfer Certificate vide No. 0102106 and in my31 January 2023] LA GAZETTE DE L'ETAT 107 Aadhaar Card vide No. XXXX XXXX 2410, whereas, my name has been mentioned as 'Â. ,ஏº\ஏ,´ஜ' in our Family Ration Card vide No. 448853.
Now, I have been enchanted with Christianity rites and customs and I have converted myself to Christianity from Hindu religion and I have been changed my name as 'N. Thomas' after my Baptism before Good Shepherd Holy Church India, Marakkanam, Villupuram District, Tamil Nadu, on 21-06-2020.
I do hereby declare that henceforth, I shall be known and called as 'N. Thomas' and I do hereby abandon the use of my former name 'N. Thamotharan'.
I do hereby declare that what are all stated above is true to the best of my knowledge, belief and information, and nothing material has been concealed thereon.
Solemnly and sincerely affirmed, and signed before the Notary Public at Puducherry, on this 18th day of January 2023.
562201 N. THAMOTHARAN.
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AFFIDAVIT
I, Ranjith, son of Rajan, Aadhaar No. XXXX XXXX 0224, aged about 20 years and residing at Door No. 26, Pillaiyar Kovil Street, V. Manavely, Villianur Commune, Puducherry -605 110, do hereby solemnly and sincerely affirm and state on oath as follows:
That I am the deponent herein.
I submit that as per the Certificate of Birth registered under Registration No. M/2003/08850, dated 02-07-2023 (Birth date 23-06-2003), issued by Pondicherry Municipality, Puducherry, my name is mentioned as 'Ranjith'.
F u r t h e r, I s u b m i t t h a t i n m y PA N C a r d No. FJLPR2250E, my name is mentioned as 'Ranjith', issued by the Income-tax Department of I n d i a . Further, I submit that in my Aadhaar Card No. XXXX XXXX 0224, my name is mentioned as 'Ranjith', issued by the Unique Identification Authority of India.
Further, I submit that in my School Transfer Certificate Serial No. 14/2017-18, my name is mentioned as '´ஏ.´fiநு›', issued by the Headmaster, Government Higher Secondary School, Koliyanur, Villupuram District, Tamil Nadu.
Further, I submit that in my Bank Passbook Savings Account No. XXXXXXX6959, my name is mentioned as 'Ranjith' issued by the State Bank of India, Villianur Branch, Puducherry. Further, I submit that my name is mentioned as 'ி´ஏனு' vide Card No. 189714, issued by the Department of Civil Supplies and Consumer Affairs, Government of Puducherry.
Thus, all the names, 'Ranjith viz., ´ஏ.´fiநு›' and 'ி´ஏனு' are refering one and the same person i.e., myself only.
I hereby declare that I shall at all times hereinafter in all records, deeds and writings and in all proceedings, dealings and transactions, private as well as upon all occasions whatsoever use and sign my name as 'Ranjith' in place and in substitution of my former names. I hereby verify and confirm that what has been stated above is true to best of my knowledge and correct, and nothing material facts have been concealed thereon.
Signed before the Notary Public at Puducherry, on this 18th day of January 2023.
562202 R. RANJITH.
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AFFIDAVIT
I, Harini alias Varalakshmi, daughter of G. Karunagiri, Indian inhabitant, aged 22 years and residing at the house bearing Door No. 1B, Jai Dev Apartments, 16A Cross, Avvai Nagar, Lawspet, Puducherry - 605 008, do hereby solemnly and sincerely affirm, to whomsoever it may concern as follows:
That I am the deponent herein. I state that in my Birth Certificate under Registration No. K/2000/3 4 8 2 , m y n a m e h a s b e e n m e n t i o n e d a s 'K. Harini @ K. Varalakshmi'. In my Central Board of Secondary Certificate under Roll No. 4623370, my name has been mentioned as 'Harini K @ Varalakshmi'.
In my Aadhaar Card under No. XXXX XXXX 9154, my name has been mentioned as 'Harini ("ˆË)'.
In my Elector's Photo Identity Card under No. ZHN0207423, my name has been mentioned as 'Harini Varalakshmi ("ˆË ம´È¬வை)'.
In my PAN Card under No. APEPH0433B, my name has been mentioned as 'Harini'.
I n m y D r i v i n g L i c e n c e u n d e r N o . P Y 0 1 20180006016, my name has been mentioned as 'Harini K Varalakshmi'.
108 LA GAZETTE DE L'ETAT [31 January 2023In my Passport under No. W8494560, my given name has been mentioned as 'Harini'.
I n t h e F a m i l y R a t i o n C a r d d e t a i l s u n d e r No. 226187, my name has been mentioned as '"ˆË'.
Therefore, I do hereby declare that all the abovesaid names are referred, identified and relate to one and the same person that is me, the deponent herein.
I state that hereinafter, I shall be known and identified only, by the name, 'Harini ("ˆË)' for all purposes and as such in future, I shall sign my signature as 'Harini' in all documents. Similarly, the signatures found as 'Varalakshmi', in the respective documents and the signature to be signed as 'Harini' are signed by one and the same person that is me.
I state that what are all stated in the above paragraphs is true and correct to the best of my knowledge, belief and information.
Solemnly and sincerely affirmed, and signed before the Notary Public at Puducherry, on this 18th day of January 2023.
In the School Transfer Certificate, my name is mentioned as 'Baranikumar. A' vide Admission No. 4860/97-98.
Therefore, I do hereby declare that all the abovesaid names are referred, identified and relate to one and the same person that is myself the deponent herein.
I state that hereinafter, I shall be known and identified only by the name 'Baranikumar'.
I state that what are all stated in the above paragraphs is true and correct to the best of my knowledge, belief and information.
Solemnly affirmed and signed before the Notary Public at Puducherry, on this 20th day of January 2023.
562206 A. BARANIKUMAR.
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AFFIDAVIT
562203 HARINI ALIAS VARALAKSHMI.
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AFFIDAVIT
I , B a r a n i k u m a r, s o n o f A r u m u g a m , r e s i d i n g a t No. 14, Middle Street, Periyakalapet, Puducherry-605 014, do hereby solemnly and sincerely affirm and state on oath as follows:
That I am the deponent herein, in my Birth Certificate vide Registration No. M/l982/08155, dated 06-12-1982, in my Aadhaar Card vide No. XXXX XXXX 7907, issued by the Unique Identification Authority of India, in my Elector's Photo Identity Card vide No. GKY0421909, issued by Election Commission of India, in my PAN Card vide No. CIXPK4062P, issued by Income-tax Department, Government of India, in my son Sainath's Birth Certificate vide Registration No. E/2011/03596, dated 26-09-2011 and in my another son Dinesh's Birth Certificate vide Registration No. K/2014/344, dated 28-05-2014 and in my Marriage Certificate vide Registration No. 348 of 2012, my name has been mentioned as 'Baranikumar'.
In my Savings Account Passbook of Axis Bank vide Account No. XXXXXXXXXXX4339, my name has been mentioned as 'Kumar. A'.
In the Court Order copy, my name is mentioned as 'Kumar @ Baranikumar @ Baranikumar. A' vide order No. C.M.P.No. 193/2021, dated 13-12-2021.
I, Banumathi, daughter of Gurusamy, wife of Kaleeswaran, Indian inhabitant, aged 49 years and residing at the house bearing Door No. 13, Kurunji Street, Kamaraj Nagar, Dhanvantry Nagar, Gorimedu, Puducherry-605 006, do hereby solemnly and sincerely affirm, to whomsoever it may concern as follows:
That I am the deponent herein. I state that in my School Transfer Certificate under Admission No. 3201/91-92, in my Secondary School Leaving Certificate under S.No. A4047561, my name has been mentioned as 'Banumathi.G'.
In my Secondary School Leaving Certificate under S.No. A3575166, my name has been mentioned as 'G. Banumathi'.
I n m y E l e c t o r 's P h o t o I d e n t i t y C a r d u n d e r No. JTP0374371 and in my Aadhaar Card under No. XXXX XXXX 0843, my name has been mentioned as 'Banumathi (✓ஏ–\ஸ)'.
In my Bio-Data submitted for employment and in the Identity Card under Emp.Code : AWD076, issued by the Director, Directorate for the Welfare of Backward Classes and Minorities, Government of P u d u c h e r r y, m y n a m e h a s b e e n m e n t i o n e d a s 'G. Banumathy'.
In the Family Ration Card under No. 135873, my name has been mentioned as '✓ஏ–\ஸ'.
Therefore, I do hereby declare that all the abovesaid names are referred, identified and relate to one and the same person that is me, the deponent herein.
31 January 2023] LA GAZETTE DE L'ETAT 109I state that hereinafter, I shall be known and identified only by the name with spelling as 'Banumathi (✓ஏ–\ஸ)' for all purposes.
I state that what are all stated in the above paragraphs is true and correct to the best of my knowledge, belief and information.
Solemnly and sincerely affirmed, and signed before the Notary Public at Puducherry, on this 20th day of January 2023.
562207 G. BANUMATHI.
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AFFIDAVIT
I, Kamaraj alias Pandidorai, son of Kulasekaran, Indian inhabitant, aged 60 years and presently residing at the house bearing Door No. F-2, Preethi Apartment, situated at No. 27, Vinayagar Kovil Street, Thilashpet, Puducherry-605 009, do hereby solemnly and sincerely affirm to whomsoever it may concern as follows:
That I am the deponent herein. I state that in my Birth Certificate under Registration No. P/1962/01201, my name has been mentioned as 'Kamaraj alias Pandidorai'. In my Master of Science Education, Degree Certificate under No. 221, my name has been mentioned as 'Kamaraj Pandidorai.K'.
In my Marriage Certificate under Serial Number l179 of the year 2009, my name has been mentioned as 'Kamaraj @ Pandidorai'.
In my Elector 's Photo Identity Card under No. NOG0148627, my name has been mentioned as 'Kamaraj @ Pandidorai (Ôஏ\´ஏÎ @ ✓ஏıΩ›அÁ´)'.
In my Aadhaar Card under No. XXXX XXXX 2210, my name has been mentioned as 'K Kamaraj alias Pandidorai [ண Ôஏ\´ஏÎ (®) ✓ஏıΩஅÁ´]'.
In my PAN Card under No. AFUPK4365D, my name has been mentioned as 'Kamarajpandidorai'.
In the Saving Account Passbook, issued by IDBI Bank L i m i t e d , Puducherry, m y n a m e h a s b e e n mentioned as 'Kamarajpandidorai.K'.
In the Saving Account Passbook, issued by State Bank of India, PBB Branch, Puducherry, my name has been mentioned as '[email protected]'.
In the Saving Account Passbook issued by Karur Vysya Bank Limited, Puducherry Branch, my name has been mentioned as 'Kamaraj.K'.
In the Birth Certificate of my son by name, Rajadurai, under Registration No. M/1995/05088, and in the Birth Certificate of my daughter by name Chandraleka, under registration No. M/2000/00394, my name has been mentioned, as 'Kamaraj @ Pandidorai' respectively.
In the details of the family members, in the Family Ration Card under No. 032351, my name has been mentioned as 'Ôஏ\´ஏÎ (®) ✓ஏıΩஅÁ´'.
Therefore, I do hereby declare that all the abovesaid names are referred, identified and relate to one and the same person that is me, the deponent herein.
I state that hereinafter, I shall be known and identified only by the name, 'Kamaraj alias Pandidorai (Ôஏ\´ஏÎ ®ஜ˛≈ ✓ஏıΩஅÁ´)', for all purposes.
I state that what are all stated in the above p a r a g r a p h s i s t r u e a n d c o r r e c t t o t h e b e s t o f my knowledge, belief and information.
Solemnly and sincerely affirmed, and signed before the Notary Public at Puducherry, on this 20th day of January 2023.
562210 K. KAMARAJ.
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AFFIDAVIT
I, Govindarassou, son of Ramachandiran, residing at No. 6, First Cross Street, Sri Ram Nagar, Ariyankuppam, Puducherry-605 007, do hereby solemnly affirm and sincerely state on oath as follows:
That I am the deponent herein and I am well aware of the facts of my deposition.
That my name is mentioned as 'Govindarassou' in my Birth Certificate vide Registration No. 150/2022, issued by Ariyankuppam Commune Panchayat, Puducherry.
That my name is mentioned as 'Govindarassou' in my Driving Licence No. PY-01-19940000335, issued by the Regional Transport Office, Puducherry.
That my name is mentioned as ' Govindarassou R' in my PAN Card No. AGYPG5664J, issued by the Income-tax Department, Government of India.
That my name is mentioned as 'Govindarassou (ºÔஏளÕ,´ஏ∑)' in my Aadhaar Card No. XXXX XXXX 7746, issued by the Unique Identification Authority of India.
110 LA GAZETTE DE L'ETAT [31 January 2023That my name is mentioned as 'R. Govindarassou' in my Identity Card Salary Roll No. 422703, issued by the The Oriental Insurance Company Limited.
That my name mentioned as 'Govindarassou (ºÔஏளÕ,´ஏ∑)' in my Voter's Identity No. ZQJ0198572, issued by the Election Commission of India, Government of India.
That my name is mentioned as 'Covindarassou' in my Marriage Certificate No. 003235, issued by Ariyankuppam Commune Panchayat, Puducherry.
Therefore, I do hereby declare that all the abovesaid names are referred, identified and relate to one and the same person that is me, the deponent herein.
Finally, I declare that my correct name is
'Govindarassou'.
That the above Particulars are true and correct to That my name is mentioned as 'R. Govindarassou' in my 12th Standard Mark List vide Register No. 903001, issued by the Board of Higher Secondary Examination, Tamil Nadu.
the best of my knowledge and belief.
Solemnly affirmed and signed before the Notary Public
at Puducherry, on this 27th day of January 2023.
That my name is mentioned as 'ºÔஏளÕ,´ஏ∑' in my Family Ration Card No. 039298, issued by the Department of Civil Supplies and Counsumers Affairs, Government of Puducherry.
562212 GOVINDARASSOU.
N o l e g a l r e s p o n s i b i l i t y i s a c c e p t e d f o r t h e p u b l i c a t i o n o f a d v e r t i s e m e n t r e g a r d i n g c h a n g e o f n a m e s a n d o t h e r p r i v a t e n o t i f i c a t i o n s i n t h e G a z e t t e . P e r s o n s n o t i f y i n g t h e s a m e w i l l r e m a i n s o l e l y r e s p o n s i b l e f o r t h e l e g a l c o n s e q u e n c e s a n d also for any other misrepresentations, etc.
online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.