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CONTENTS
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142
Procédure du Magistrate de District .. 142
Procedings of the District
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Magistrate
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152
Sentence arbitral du Travail
.. 152
Award of the Labour Court .. 152
de Tribunal.
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161
Notifications du Gouvernement .. 161
Government Notifications
.. 161
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..
163
Avis d’ appel d’ offres
.. 163
Tender notices
.. 163
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..
164
Etablissements dangereux
.. 164
Dangerous Establishments
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164
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166
Annonces
.. 166
Announcements
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166
Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
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Publiée par Autorité
Published by Authority
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
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Amflºƒˆ
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2023 }
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14 {
No.
7
Poudouchéry
Mardi
14
Février
2023 (25 Magha 1944)
No.
Puducherry
Tuesday
14th
February
2023
152
LA GAZETTE DE L’ETAT
[14 February 2023
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Rt. No. 178/AIL/Lab./T/2022, dated 15th December 2022)
NOTIFICATION
Whereas, an Award in I.D. (L) No. 47/2017, dated
18-10-2022 of the Industrial Tribunal-cum-Labour Court,
Puducherry in respect of dispute between the
management of M/s. Pondy Agrochemicals Private
Limited, Periyakalapet Puducherry, and Thiru S. Sengeni,
Karayambuthur, Puducherry, over reinstatement with
salary dues.
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 23-5-1991, 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).
————
BEFORE THE INDUSTRIAL TRIBUNAL -CUM-
LABOUR COURT AT PUDUCHERRY
Present :Tmt. V. SOFANA DEVI, M.L.,
Presiding Officer.
Tuesday, the 18th day of October, 2022
I.D. (L) No. 47/2017
CNR. No. PYPY06-000077-2017
Sengeni S/o. Sadhasivam,
No. 3, Balaji Nagar,
Opposite to Police Station,
Karayambuthur, Puducherry.
. . Petitioner
Versus
The Managing Director,
M/s. Pondy Agrochemicals Private Limited,
Mathur Road, Periyakalapet,
Puducherry.
. . Respondent
This industrial dispute coming on 30-09-2022 before
me for final hearing in the presence of Thiru R. Raja
Prakash, Counsel for the Petitioner, Thiruvalargal
B. Baskaran, K. Ashokkumar, B. Karunakaran and
R. Maduraimuthu, Counsel for the Respondents, and
after hearing the both sides and perusing the case
records, this Court delivered the following:
AWARD
This industrial dispute arises out of the reference
made by the Government of Puducherry, vide G.O. Rt.
No. 127/AIL/Lab./T/2017 dated 18-08-2017 of the
Labour Department, Puducherry to resolve the following
dispute between the Petitioners and the Respondent, viz.
(a) Whether the dispute raised by Thiru Sengeni,
Karayambuthur, Puducherry against the Management of
M/s. Pondy Agrochemicals Private Limited, Periyakalapet,
Puducherry, over reinstatement with salary dues are
justifiable 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?
2. Brief facts of the case of the Petitioner averred
in the claim petition:
The Petitioner was employed since 09-01-2004 with
the Respondent as a permanent worker in Respondent
factory at Kalapet and his monthly salary is `18,000.
During the employment with Respondent, Petitioner
rendered his unblemished and flawless services to
Respondent from the date of his joining the services.
The Petitioner is an nativian of Karayambuthur Village.
Petitioner is an uneducated and his family comprised
of his mother, wife and two children. Because of his
employment with Respondent, he shifted his residence
from Karaiyambuthur village to Kalapet.
(ii) In April 2015, the Petitioner requested the
respondent Management for salary hike, who in turn
refused by saying that it cannot enhance the salary for
Petitioner alone. However, on 09-05-2015, the Petitioner
was transferred to its Poothurai Unit without serving
any transfer order. The Petitioner reported at Poothurai
Unit of Respondent and attended the work assigned to
him at Poothurai Unit to the satisfaction of the
Respondent. While being so, the Petitioner was
informed that the Poothurai Unit of respondent is
functioning without obtaining any permission from the
Labour Department, therefore, his services at Poothurai
Unit of respondent will not be considered into account
as his service period. Therefore, the Petitioner
requested the Respondent to transfer him to Kalapet
Factory, the respondent though agreed but dilly dallied
the issue on one count or the other. The Poothurai Unit
also does not have proper and necessary facilities as
mandated according to the Factories Act and more
importantly because of Petitioner's financial and family
constraints he repeatedly requested the respondent to
transfer him to its factory at Kalapet but, it had not done so.
153
14 February 2023]
LA GAZETTE DE L’ETAT
(iii) Meanwhile in July 2015, the Respondent
Management illegally deducted a sum of ` 286 from his
monthly wages. Immediately, the Petitioner had
approached the Respondent Management and sought
for an explanation. But, there was absolutely no reason
given by the respondent. Therefore, the Petitioner
raised his objections for the illegal deduction from his
monthly wage with the Respondent Management. The
respondent assured the Petitioner that such deducted
wages to the tune of ` 286 will be credited along with
the salary in the upcoming months and requested the
Petitioner not to precipitate the issue. The Petitioner
continued his work to the satisfaction of respondent
even then it has not paid the deducted wages to
Petitioner in the subsequent months. Again in December
2015, the respondent deducted a sum of ` 5,931 in the
monthly wage of Petitioner. The Petitioner was really
disturbed because of the fact that he did his work
according to the satisfaction of the Respondent
without any lack on his part. Once again the Petitioner
approached the respondent and called for an
explanation for such illegal deduction in his monthly
wage in the month of December 2015. Without giving
proper explanation, the respondent in turn had informed
the Petitioner that the same will be credited along with
the salary of January 2016. Since, the Petitioner and
his entire family is fully dependent on his employment
and his monthly salary, Petitioner has not intended to
take the issue of illegal deduction and his transfer to
Labour Department. But, he had continued his
employment with respondent.
(iv) The Respondent once again deducted a sum
of ` 9,948 in the monthly wage of Petitioner for
January 2016. Since the wages deducted in July 2015
and December 2015 were not paid by respondent and
his request of transfer from Poothurai Unit to Kalapet
Village was dilly dallied by Respondent, Petitioner
suspects that he had been victimized by respondent.
Therefore, on 20-01-2016, he approached the Labour
Department, Puducherry seeking their intervention to
direct the Management to pay the illegal deduction of
his monthly wages and gave a written representation,
dated 27-01-2016 and on 23-01-2016, he approached the
Labour Officer (Conciliation) for transfer and other
reliefs.
(v) The Respondent Management having gained
knowledge about the Petitioner approaching the Labour
Department, in order to counter protect the Respondent
and to pressurize the Petitioner to withdraw his
complaints with the Labour Departments, has issued
the 1st charge memo, dated 23-01-2016 containing false
and vague allegations against him based on a bogus
complaint, dated 22-01-2016 given by its Factory
Manager at Kalapet. The said complaint, dated
22-01-2016 given by its Factory Manager at Kalapet was
not served to Petitioner to understand the nature and
veracity of complaint given against him. Even though,
the Petitioner gave a befitting reply to the alleged
charges levelled against him vide his reply dated
30-01-2016. In order to deny the charges levelled by
Petitioner vide his reply dated 30-01-2016 against the
respondent, it has issued a reply dated 06-02-2016 to
Petitioner . However, in its reply dated 06-02-2016, it
has admitted that about the deductions of wages, for
which the respondent gave an evasive reason which is
false and the respondent has put to strict proof of the
same. However, it has absolutely failed to state any
reasons for the illegal deduction of Petitioner's wages
for the months of July and December 2015. That
11-01-2016 was Petitioner’s weekly off, thereafter the
Petitioner did reported to his duty from 12-01-2016
onwards and worked at Poothurai Unit which was to the
satisfaction of his superior. Respondent further
admitted in its reply dated 06-02-2016 that it has
transferred the Petitioner to its Poothurai Unit and have
claimed that the Poothurai Village is within Puducherry
District, which is once again absolutely false and it
falls within the Vanur Taluk, Villupuram District,
Tamil Nadu. The Respondent completely failed to assign
any reason as to why the Petitioner was transferred to
Poothurai Village, which is run by it without any
permission from Government Authorities.
(vi) In order to strengthen the Respondent false
accusation and allegations against the Petitioner, it has
issued the 2nd charge memo, dated 06-02-2016 based on
another bogus complaint dated 05-02-2016 given by its
Kalapet Factory Manager and once again Petitioner was
not served with the alleged complaints of its Factory
Manager dated 05-02-2016. In the 2nd charge memo
dated 06-02-2016 the Respondent has extracted the
same charges for which the Petitioner was already called
for an explanation in the 1st charge memo dated
23-01-2016, which once again very vague and imprecise.
After receipt of Tamil translation of 2nd charge memo
dated 06-02-2016 the Petitioner replied to the same on
02-03-2016. Meanwhile, the Labour Officer (Conciliation),
Puducherry has sent a Notice of Enquiry to the
respondent but, the respondent did not turn up for
enquiry hearings, instead it gave a representation dated
29-02-2016.
(vii) Since, the Petitioner has not withdrawn his
complaints from the Labour Departments the
Respondent decided to throw him out of its factory, it
has issued a Charge Sheet-cum-Suspension Order dated
01-03-2016 (posted on 07-03-2016) through its authorized
signatory, whereby it has suspended the Petitioner
pending enquiry for minor charges issues, when in fact
the Petitioner has not past misconducts. The charges
154
LA GAZETTE DE L’ETAT
[14 February 2023
levelled against the Petitioner are very vague as the
respondent has failed to mention; (1) under what
provisions of model standing order the Petitioner was
charge sheeted; (2) what are the works that were
assigned to Petitioner which were done and undone
by him; (3) the names and designations of the superior
officers of Petitioner who gave instructions which are
not obeyed; (4) the names of his co-workers with whom
the Petitioner is combating; (5) the details of mobile
numbers with whom the Petitioner is talking over
phone; (6) what are the filthy and threatening words that
were used by Petitioner against the manager or his
co-workers; (7) why the reply given by Petitioner to
the 1st charge memo was not satisfactory to the
respondent. The documents based on which the charges
were framed vide charge sheet dated 01-03-2016 was not
served to Petitioner along with the Charge Sheet-cum-
Suspension Order. Furthermore, the charge-sheet is not
issued by the disciplinary authority of the Respondent.
Therefore, it is not valid under law.
(viii) Petitioner has not received any letter from
the Respondent for appointment of an (independent
and impartial) Enquiry Officer to enquiry in to the
alleged charges against the Petitioner. But, the Petitioner
received an advocate notice dated 28-03-2016, wherein,
it is claimed that he was appointed as an Enquiry Officer
to enquiry into the alleged charges levelled against the
Petitioner vide Charge-sheet dated 06-02-2016 and
Suspension Order dated 01-03-2016 and called upon the
Petitioner to attend the enquiry at Advocate’s place
on 26-04-2016. Petitioner was shocked and surprised
that he has not been served with any Charge-sheet
dated 06-02-2016 by the Respondent. Further more, the
place of enquiry fixed by the Enquiry Officer is 15 kms.
away from Petitioner’s place and the Petitioner was
required to take two buses from his place to reach the
Enquiry Officer’s place, which caused grave prejudice
during his suspension period, when in fact subsistence
allowance was also not paid according to law. Petitioner,
being a layman, who does not know his rights to object
the place of enquiry and subsistence allowance payable
to him during suspension period, he attended the
enquiry on 26-04-2016.
(ix) The entire enquiry proceedings conducted by
Enquiry Officer conducted in a biased and highhanded
manner, which are against the Principles of Natural
Justice and equity. The following acts done by Enquiry
Officer would prove the same;
(a) The place of enquiry fixed by Enquiry Officer,
where the equity alleged to have been took place,
which was far away from the Petitioner’s place.
(b) Enquiry was not conducted in his mother
tongue.
(c) Enquiry Officer conducted the enquiry
proceedings without there being a Management's
respresentative.
(d) The date of charge-sheet was wrongly
mentioned in the alleged enquiry intimation notices
sent by Enquiry Officer and in his Order dated
01-10-2016.
(e) Enquiry Officer permitted the Respondent to
represent through advocates.
(f) Enquiry Officer has not explained the charges
levelled against the Petitioner for which he is
conducting the Enquiry proceedings.
(g) Enquiry Officer has not informed/explained the
manner in which the enquiry will be conducted and
the rights and opportunities the Petitioner had
during the Enquiry proceedings.
(h) Enquiry Officer received the list of witnesses
and allowed the same behind the back of Petitioner .
(i) Enquiry Officer received the documents
produced by Respondent and recorded oral
evidences of respondent in the absence of Petitioner.
(j) Enquiry Officer had not given sufficient time
to Petitioner to peruse the documents filed by
Respondent and statements recorded by respondent's
witnesses during enquiry proceedings but have
insisted the Petitioner to get along with enquiry.
(k) Enquiry Officer did not consider the
objections raised by Petitioner regarding the manner
in which the enquiry was conducted.
(l) Enquiry Officer did not give sufficient
opportunities to Petitioner to lead his evidence and
puts forth his arguments.
(m) Enquiry Officer failed to give findings to the
documents filed by respondent to prove the charges
levelled against the Petitioner.
For all the abovesaid reasons, the entire enquiry
proceedings conducted was against the Principles of
Natural Justice, which caused serious prejudice and
irreparable loss to the Petitioner. Therefore, the entire
enquiry proceedings is not valid under law and it is
against the law.
(x) The Order dated 01-10-2016 passed by the
Enquiry Officer sent directly by him to Petitioner, which
was in English and was received by the Petitioner on
04-10-2016. The 2nd show cause notice as mandated
under the Model Standing Order was not issued to
Petitioner to call for an explanation to the Order of
Enquiry Officer. However, the respondent terminated
155
14 February 2023]
LA GAZETTE DE L’ETAT
the Petitioner vide its Order of Termination dated
05-10-2012. The Respondent has failed to consider the
past services of Petitioner with respondent and his
conducts but has passed an extreme punishment of
dismissal from services. The respondent has not
complied with the provision of Section 33(1) (b) of
Industrial Disputes Act while dismissing the Petitioner
while the dispute is pending before the Conciliation
Officer, therefore, the Petitioner’s dismissal is invalid
under law. The Petitioner was victimized and punished
by respondent only because he raised his objections
when the Respondent illegally deducted his monthly
wages and in order to refrain the other workers in the
respondent factory from raising any protest and
questions against the Management.
(xi) The Petitioner is unemployed from the date
of his suspension and the subsistence allowance paid
by the respondent is also lesser than what has to be
paid as per law. Petitioner was suspended by
respondent vide its Charge sheet-cum-Suspension Order
dated 01-03-2016 (posted on 07-03-2016). The
Respondent did not paid the 50 of his monthly salary,
which amounts to ` 9,000 towards subsistence
allowance making his life and his family members
miserable but have paid paltry sums after making
deduction, which is against the law. The respondent
failed to pay 75% of Petitioner's monthly salary as
subsistence allowance to him from the 91st day of his
suspension as per section 10.A(1)(b) of Industrial
Employment (Standing Orders) Act. Such an atrocious
act by the respondent prevented the Petitioner from
contesting the Domestic Enquiry properly as he was
struggling to even sustain his family. The non-payment
of actual subsistence allowance by itself is against the
Principles of Natural Justice as the Petitioner cannot
be expected to defend himself properly with empty
stomach. Therefore, the non-payment of proper/actual
subsistence allowance to Petitioner by respondent by
itself vitiates the enquiry proceedings.
(xii) Without giving proper subsistence allowance
to Petitioner, it is obnoxious on the part of respondent
to expected the Petitioner conduct the enquiry
proceedings on empty stomach that too at a faraway
place. The Respondent do not have a certified Standing
Order inspite of the statutory mandate and has charge
sheeted the Petitioner only under the Model Standing
Orders. When the Respondent do not have it own
certified Standing Orders permitting it to pay reduced
salary during the period of suspension the respondent
is bound to pay full salary to the Petitioner without
any deduction. Hence, the petitioner prays for an order
of reinstatement with full back wages, continuity of
service, other attendant benefits, bonus, salary
increment, balance subsistence allowance to the
petitioner.
3. The brief averments of the counter filed by the
respondents are as follows:
Based on the complaints dated 22-01-2016 and
05-02-2016 given by one Mr. P. Krishnasamy, Factory
Manager of Respondent Company, two charge memo
dated 23-01-2016 and 06-02-2016 were issued to the
Petitioner calling for explanations on the said charges.
The list of the above said complaint was that the
Petitioner during working hours, often used to talk over
mobile phone without attending his work inspite of
repeated instructions and warnings from the Superior
Officers of the factory. Inspite of the charge memo, the
Petitioner continued the same and did not change his
attitude. Thus, it resulted in low production of goods.
Petitioner gave an explanation only to the Charge memo
dated 22-01-2016 but, continued in speaking over mobile
phone during working hours and not attending his work.
He also used to threaten the Superior Officer as he will
lodge false complaints before the Labour Department
and against the respondent factory if he compelled to
do work. Hence, respondent company had decided to
conduct Domestic Enquiry of the petitioner employee.
(ii) The Domestic enquiry initiated by appointing
Enquiry Officer and Petitioner was suspended from
01-03-2013. Since he was suspended pending enquiry,
50% of his salary, i.e., ` 5,099 has been paid as
subsistence allowance. In order to escape from any
action against him, he gave a complaint with false
allegation before Labour Department and the same was
pending.
(iii) Though the Petitioner received the notice of
hearing on the domestic enquiry issued by Enquiry
Officer and filed his reply in the said enquiry, he did
not turn up for further proceedings in the domestic
enquiry. He wantonly evaded from the domestic enquiry,
not co-operated to conduct the said enquiry. Since, even
after giving opportunities, Petitioner did not come
forward to cross examine the Respondent witnesses,
domestic enquiry officer without any other option
closed the enquiry and submitted his report to the
Respondent Management. In his report, Enquiry Officer
found
the charges as proved and thereby has given a
finding that Petitioner is guilty of the charges framed.
(iv) Based on the domestic enquiry report,
Respondent Management has issued a dismissal order
to the Petitioner and the legally entitled benefits has
been credited into the Petitioner’s Bank Account. The
said amount has also been received by the Petitioner.
The Respondent factory never acted against the
interest, welfare of its workmen at any point of time.
Hence, prayed for dismissal of the claim petition.
156
LA GAZETTE DE L’ETAT
[14 February 2023
4. Point for determination:
Whether the Petitioner employee is entitled for an
order of reinstatement with full back wages, continuity
of service, other attendant benefits, bonus, salary
increment, balance subsistence allowance to the
petitioner as claimed in the claim petition?
5. On Point:
Petitioner himself examined as PW1 and Ex. P1 to
P14 were marked. On Respondent side Mr. Krishnasamy,
the General Manager of Respondent Company examined
as RW1. Through him Ex. R1 to R13 were marked.
On Petitioner side Ex. P15 marked though RW1 during
cross-examination. Mr. Sengeni/co-employee examined
as RW2 and Ex.P16 marked on the Petitioner side
through RW2 during cross-examination.
6. On the point:
The present reference made in this industrial dispute
is over reinstatement with salary dues. According to
the Petitioner since 09-01-2004 he was employed with
the Respondent as a permanent worker in the
Respondent factory with his monthly salary as
` 18,000. In April 2015, he requested for salary hike. So,
all of a sudden on 09-05-2015 he was transferred to
Poothurai Unit of the Respondent company without
serving any transfer order. Petitioner reported at
Poothurai Unit of the Respondent and doing the work
that was assigned to him to the satisfaction of the
Respondent. The Petitioner repeatedly requested the
Respondent to transfer back him to the Kalapet factory.
Meanwhile in July 2015, ` 286 and in December 2015
` 5,931 were deducted from his monthly wage without
any proper reason. When he approached the
Respondent he was informed that the said amounts will
be credited in the January 2016 salary.
7. The learned Counsel appearing for the Petitioner
would submit that on 20-01-2016, the Petitioner
approached the Labour Department, Puducherry, for
suitable direction to the management towards such
illegal deduction. He also approached the Labour Officer
(Conciliation) for transfer and other reliefs on
23-01-2016 vide EX. P1. The Petitioner also gave a
written representation to the Managing Director of the
Respondent Factory vide EX. P2 dated 27-01-2016. That
being so, he was served with the charge memo vide
EX. P4 dated 23-01-2016 in which it is mentioned that
said charge memo has been issued based on the
complaint EX. R2 dated 22-01-2016 given by the Factory
manager, Kalapet. He replied vide EX. R4 on 30-01-2016.
The second charge memo dated 06-02-2016 vide EX. P6
was served on the Petitioner on 11-02-2016 in which it
is mentioned that said charge memo has been issued
based on the complaint EX. R5 dated 05-02-2016 given
by the Factory Manager, Kalapet. Petitioner submitted
his reply vide EX. P8. The Respondent Management
did not turn up for the enquiry hearings before Labour
Officer (Conciliation), Puducherry. But, they gave a
representation dated 29-02-2016.
8. The learned Counsel for the Petitioner would
argue that the Respondent issued Charge Sheet-cum-
Suspension Order EX. P9 dated 01-03-2016. According
to the Petitioner, no communication received by the
Petitioner from the Respondent regarding the
appointment of Domestic Enqiury Officer, but, an
Advocate Notice dated 28-03-2016 received from the
Enquiry Officer for the charge sheet dated 06-02-2016
and suspension order dated 01-03-2016. The place of
enquiry fixed by an Enquiry Officer is far away from the
Petitioner’s place. Subsistence allowance also not paid
in accordance with the provisions of law. He was not
explained about the rights and opportunities, he had
during the enquiry. Advocates were present on the
Respondent
Management side which was objected by
the Petitioner, but, the same was not considered by the
Enquiry Officer. The enquiry was not conducted in a
fair and free manner. Despite the requests made by the
Petitioner to conduct the enquiry in the local language,
i.e., in Tamil, it was not considered by the Enquiry
Officer. The Enquiry Officer permitted the Respondent
Management to file its list of witnesses, documents and
witnesses statements in the absence of Petitioner and
failed to give an opportunity to the Petitioner to peruse
the same. Petitioner was forced to cross-examine the
Respondent's witnesses without looking into the
documents filed on the side of the Respondent
Management. The Enquiry Office did not give sufficient
opportunities to the Petitioner to adduce his side
evidence and for production of his documents. Based
on the biased and partial enquiry, the Enquiry Officer
prepared his report dated 01-10-2016 EX. P12 in English
and sent the same to the Petitioner. Termination order
was issued to the Petitioner thereby terminating him
from the services of the Respondent Management vide
EX. P13 dated 05-10-2016. Therefore, the Learned
Counsel for the Petitioner has concluded his arguments
that the entire domestic enquiry proceedings were
conducted in a biased, partial manner and against the
Principles of Natural Justice. Therefore, he prayed to
reinstate the Petitioner with salary dues as claimed in
the claim petition.
9. On the other hand, the learned Respondent
Counsel would submit in his reply that the domestic
enquiry was conducted by the Enquiry Officer in a fair
manner by giving fair opportunity to the Petitioner to
put forth his defence. Only the Petitioner who had not
157
14 February 2023]
LA GAZETTE DE L’ETAT
cooperated with the proceedings of the enquiry. He had
also not come forward to cross examine the Respondent
Management witnesses. Petitioner was the one who
delayed the enquiry proceedings by not appearing
before the Enquiry Officer for several hearings.
Therefore, the contention of the Petitioner that the
domestic enquiry was conducted against the Principles
of Natural Justice has to be rejected at the threshold.
10. Heard both. Perused the case records.
On perusal of documents filed on either side, I could
see that the domestic enquiry proceedings/minutes
were not produced before this Court by either parties.
Whereas, the Petitioner in his claim statement has
raised specific plea that the enquiry was not held in an
impartial manner. In his claim statement, he has also
clearly pleaded that he raised same objections before
the domestic Enquiry Officer but it was not considered
by him. In fact, the said fact has been mentioned even
by the Enquiry Officer in his report EX. P12 that, “on
09-07-2016 employee submitted letter raising objections
regarding the manner in which domestic enquiry had
been conducted”. The photocopy of said objection
letter is also marked by the Petitioner as Ex. P15,
dated 09-07-2016 through RW1, the management
witness, who has also admitted the same in his cross-
examination.
11. RW1 has deposed while he was cross examined
by the Petitioner’s Counsel that, “09-07-2016-_
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12. When, the fairness of the Domestic enquiry was
challenged in the specific terms by the Petitioner in his
claim petition, it is the bounden duty of the Respondent
to prove its Fairness before this Court. Whereas, the
Respondent did not come forward to file the said
Enquiry proceedings/minutes to prove the fairness and
validity of the Domestic enquiry initiated by it as
against the Petitioner. As mentioned earlier, the
Domestic Enquiry Proceedings/Minutes are not before
this court. The Management has not taken any steps to
produce the same before this Court. RW1, the General
Manager of Respondent Company has deposed that,
“16-04-2016-_
c^sƒV´Áðl[
x>_
kVF>V
ÂÁ¶ÿ√u≈m.
c^sƒV´Áð
>ta_
>V[
¶Õ>m.
c^sƒV´Áðl[º√Vm sƒV´Áð ÂÁ¶xÁ≈ ÷BuÁÔ
ºÔV‚√V| s]Ô^ √u§ s·¬˛™V´V ®[≈V_ gD s·¬˛™VÏ.
c^sƒV´Áð
ÂV‚z§©A
¶kΩ¬ÔÁÔπ_
∂ÀkVÆ
s·¬˛B>VÔ
c^sƒV´Áð
∂]ÔVˆ
z§©∏‚|^·V´V
®[≈V_,
z§©∏‚|^·VÏ.
c^sƒV´Áð
ÂV‚z§©A
¶kΩ¬ÁÔÔ^
∂Àk©º√Vm
c^sƒV´Áð
∂]ÔVˆ
®∫Ô”¬z >ÚkVÏÔ·V ®[≈V_ ÷_ÁÈ. c^sƒV´Áð
xΩÕ>∏≈z, c^sƒV´Áð ÂV‚z§©A ¶kΩ¬ÁÔÔÁ·
sƒV´Áð
∂]ÔVˆ
®∫Ô”¬z
>´s_ÁÈ.
c^sƒV´Áðl[º√Vm sƒV´Áð ÂÁ¶xÁ≈ ÷BuÁÔ ¿]
ºÔV‚√V| s]Ô^ ÔÁ¶©∏¬Ô©√¶s_ÁÈ ®[Æ ÿƒV[™VKD
∂>™V_>V[
ÂV‚z§©A
¶kΩ¬ÁÔÔ^
®∫Ô”¬z
∂Àk©º√Vm
c^sƒ´Áð
∂]ÔVˆ
>´s_ÁÈ
®[Æ
ÿƒV[™VKD ƒˆB_È. c^sƒV´Áð ∂]ÔVˆ, \–>V´ˆ¶D
∂kÏ º\_ ∑\›>©√‚|^· zu≈flƒV‚Á¶, ∂kˆ¶xD, ∂kÏ
ƒVÏ√VÔ kV>VΩB ∏´]W]l¶xD >ta_ s·¬˛ ̧™VÏ.
º�√Ω ∂DƒD ÂV‚z§©∏_ ÿÔVı|kÕm^·VÏÔ·V ®™Æ
®™¬z
ÿ>ˆBVm.
∂ÀkVÆ
∂kÏ
*m
∑\›>©√‚¶
zu≈flƒV‚Á¶ \–>V´ˆ¶xD s·¬˛¬ Ì≈s_ÁÈ ®[Æ
ÿƒV[™VKD, ∂>Á™ ÂV‚z§©∏_ z§©∏¶s_ÁÈ ®[≈VKD
∂>™V_>V[ ∂Õ> ÂV‚z§©A ¶kΩ¬ÁÔÔÁ· ®∫Ô^
>´©∏_ >V¬Ô_ ÿƒFBs_ÁÈ ®[≈VKD ƒˆB_È”. Even
thereafter i.e., after this above cross-examination of
RW1, the Respondent Management has not chosen to
produce the Enquiry proceedings/minutes for reason
best known to them.
13. Further, it has been clearly elucidated by the
learned Petitioner Counsel by way of cross-examining
the General Manager of Respondent Company RW1
that, no proof examination affidavit filed by the
Management in the domestic enquiry, but, in the
enquiry report EX. P12, Enquiry Officer had mentioned
as if, proof affidavit filed by the Respondent
management. He also admitted that it was wrongly
mentioned in the report as proof affidavit filed on the
side of the management and no such affidavit filed on
their side. The relevant portion of RW1, the General
Manager of Respondent company is extracted hereunder
“®∫Ô^
WÆk™D
ƒVÏ√VÔ
kw¬z¬z
ƒD\Õ>\V™
gkð∫ÔÁ·
c^sƒV´Áðl_
>V¬Ô_
ÿƒFº>VD.
\–>V´Ï >´©∏_ ®∫ÔÁ· zƬz sƒV´Áð ÿƒF>VÏ. ∂Á>
>s´ kV¬zJÈD ®m°D ÂV∫Ô^ >V¬Ô_ ÿƒFBs_ÁÈ
“Ex.P12-o_ sƒV´Áð ∂>ÔVˆ WÏkVÔ>´©∏_ proof
affidavit >V¬Ô_ ÿƒFB©√‚¶>VÔ z§©∏‚|^·VÏ. g™V_,
WÏkVÔD ∂ÀkVÆ proof affidavit c^sƒV´Áðl_ >V¬Ô_
ÿƒFBs_ÁÈ. >V¬Ô_ ÿƒF>>VÔ Ex.P12-_ Ôı|^·m >kÆ
®[≈V_ ∂m >kÆ>V[.”
14. On close and careful perusal of the Domestic
Enquiry Report EX. P12, I could able to find
that the Petitioner Mr. Sengeni was represented by
Mr. P. R. Sathishkumar, Advocate. Management was
158
LA GAZETTE DE L’ETAT
[14 February 2023
also represented by some Advocates. At the first hearing
the Enquiry Officer adjourned the enquiry to 23-04-2016
for filing counter by the Petitioner employee, and
thereafter, to 21-05-2016, 04-06-2016, 11-06-2016,
25-06-2016 and 02-07-2016, but, counter not filed by him.
Instead, the Petitioner filed a letter raising objections
on the enquiry conducted. In the objection letter Ex. P15,
dated 09-07-2016 the Petitioner has mentioned that
"z§©AÔÁ· zu≈D ƒV‚¶©√‚¶ ÿ>VaÈVπBV˛B ÂV[ ∂§Õ>
>tµ ÿ\Val_ √]° ÿƒFB ºkı|D ®[Æ >∫Ôπ¶D
ºÔVˆ¬ÁÔ Ák›mD, ∂>Á™ >V∫Ô^ ∞uÔs_ÁÈ. ÂV[
�≈kˆ¶D ºÔ‚| ∂§Õ> kÁÔl_, sƒV´Áð z§©∏[
∏´]lÁ™, sƒV´Áðl_ √∫ºÔuzD zu≈D ƒV‚¶©√‚¶
®™¬z
kw∫Ô
ºkı|D
®[√Á>•D
>V∫Ô^
ÔÁ¶∏Ω¬Ôs_ÁÈ. º\KD, WÏkVÔ›>´©∏_ sƒV´Áðl_
ÌuÆ ∂§¬ÁÔ/gkð∫Ô^ √‚ΩB_/ƒV‚EÔπ[ √‚ΩB_
®[Æ ÷mkÁ´ ®m°D >V¬Ô_ ÿƒFB©√¶s_ÁÈ. g™V_,
ÂV[
√]_
∂§¬ÁÔ
>V¬Ô_
ÿƒFBºkı|D
®[Æ
WÏ√Õ]›mkÚ˛SÏÔ^.
ÂV[
∂§Õ>
kÁÔl_
c^sƒV´Áðl_ ∂ÀkV≈V™ ¶kΩ¬ÁÔÔ^ ÷_ÁÈ ®[Æ
∂§B©√‚|^º·[. º\KD, sƒV´Áð ¶kΩ¬ÁÔÔπ[ ∏´]
®™¬z kw∫Ô©√¶ºkı|D ®[Æ ∂§B©√‚|^·™.
"®™¬z
∂Á™›m
sƒV´Áð
¶kΩ¬ÁÔÔπ[
∏´]ÁB•D kw∫Ô ºÔ‚|¬ÿÔV^˛º≈[".
15. From this document Ex. P15, dated 09-07-2016,
it is understood that Petitioner had raised serious
objection on the conduct of the enquiry before the
Enquiry Officer and requested to Domestic Enquiry
Officer to furnish the copy of domestic enquiry
proceedings/minutes as early as on 09-07-2016. But, the
minutes/proceedings of the domestic enquiry has not
been served on the Petitioner. When this question was
put to RW1 (General Manager of the Respondent
company) by the Petitioner Counsel, he has
categorically admitted that no Domestic Enquiry
proceedings/minutes were served on them by the
Domestic Enquiry Officer. For better appreciation, the
relevant portion of RW1 cross-examination is
reproduced hereunder:
“c^sƒV´Áð
ÂV‚z§©A
¶kΩ¬ÁÔÔÁ·
∂Àk©º√Vm c^sƒV´Áð ∂]ÔVˆ ®∫Ô”¬z >ÚkVÏÔ·V
®[≈V_ ÷_ÁÈ. c^sƒV´Áð xΩÕ>∏≈z c^sƒV´Áð
ÂV‚z§©A ¶kΩ¬ÁÔÔÁ· sƒV´Áð ∂]ÔVˆ ®∫Ô”¬z
>´s_ÁÈ".
16.
Further, RW1 in his cross-examination deposed
before this Court to the effect that the Management
documents were submitted already to the Domestic
Enquiry Officer and copies were already given to the
Petitioner. Only after the filing the reply/counter from
the Petitioner/employee, the domestic enquiry will be
started. Relevant portion of RW1, the General Manager
of Respondent Company's cross-examination is as
follows:–
"c^sƒV´Áðl[ º√Vm x>o_ WÏkVÔ›Á>>V[
sƒVˆ©√VÏÔ^ ®[≈VKD ∂ÀkVÆ ®∫ÔÁ· sƒVˆ¬ÔV\_,
\–>V´Á´ g‚ºƒ√Á™ >V¬Ô_ ÿƒFB ∂§°Æ›]Bm
÷BuÁÔ ¿] ºÔV‚√V| s]Ô”¬z x´ðV™m ®[Æ
ÿƒV[™V_ c^sƒV´Áð ∂]ÔVˆl¶D WÏkVÔD, ®∫Ô^
>´©A gkð∫ÔÁ· ∞uÔ™ºk ƒ\Ï©∏›ms‚º¶VD. ∂>[
ÂÔ_ÔÁ· \–>V´Ú¬z ÿÔV|›ms‚º¶VD. ∂>uz \–>V´Ï
√]Èπ›> ∏[™Ï>V[ c^sƒV´Áð ÿ>V¶ÚD ®[Æ ƒV‚E
√]Èπ¬˛≈VÏ".
17.
First of all, in Ex. P12 the enquiry report, there
is no mention as the documents were submitted by
the Management and copies were also served on the
Petitioner, either at the time of starting the enquiry or
even before that. In the report EX. P12, I could not
find any such recordings as documents of the
Management received and copies served on the
Petitioner before he was insisted to file his counter.
Whereas, it could be seen from the report EX. P12
that on the first hearing of the enquiry itself i.e., on
16-04-2016, the Petitioner employee was asked to
submit his counter in the next hearing on 23-04-2016.
The relevant portion of EX. P12 is extracted hereunder
for better appreciation:–
“I hereby have given notice to both parties. Both
the parties received the notice. The enquiry commenced
on 16-04-2016 both the parties appeared, Mr. B. Karunakaran,
and R. Madurai Muthu, Advocates for Employer,
and Mr. P. R. Sathish Kumar, Advocate appeared for
Mr. S. Sengeni, adjourned for counter on 23-04-2016,
and 21-05-2016, adjourned to 04-06-2016 as last chance,
but not counter filed”.
18. Therefore, it is made clear that, there is
absolutely no evidence on the Respondent side that the
documents of the Respondent were submitted before
the domestic enquiry proceedings before the Petitioner
was asked to file his counter. No proof to show that
the copies of the so called documents were served upon
the Petitioner/employee. As already said, the enquiry
proceedings/ minutes are not before this Court. The
Management has not taken steps to produce the enquiry
proceedings before this Court even after the cross-
examination of RW1-General Manager of the Respondent
company for the reason best known to them. This makes
this Court, without any other option than to draw an
adverse inference in this regard as against the
Respondent. From the above discussions and findings,
I hold that the Domestic Enquiry held in this case is
invalid, unfair and the Principles of Natural Justice not
followed.
19. Whether the Charges framed as against the
Petitioner were proved?
No sufficient oral as well as documentary
evidences produced either before this Court or before
the enquiry officer by the Management to substantiate
159
14 February 2023]
LA GAZETTE DE L’ETAT
the charges. The management has not produced any
records such as attendance register or any other proof
to substantiate the charge that petitioner employee was
absent for the period either before Domestic Enquiry or
before this Court. Further, from Ex. P12, the enquiry
report, I could not find any substance to substantiate
the charges framed against the petitioner employee.
The domestic Enquiry Officer has simply observed that
“Reason for findings of charges: In perusal of the above
said charges the employer filed the documents to prove
their case and the PW2 has also deposed the evidence
substantiating the charges. On the cross-examination
also both the PW1 and PW2 did not make any
admissions against the charges. On the other hand, the
delinquent employee did not file any counter denying
the charges. The delinquent employee did not file any
documents to disprove the charges levelled against him.
Hence, I am inclined to accept that the charges has been
proved by the employer as against the Delinquent
employee”. Furthermore, as already decided by this
Court that the domestic enquiry was unfair, invalid and
against the Principles of Natural Justice, this Court
holds that in absence of evidences the charges framed
as against the Petitioner have not made out.
20. Is termination order is correct and on valid
reasons?
The learned Counsel appearing for the Petitioner
employee has argued that the order, dated 01-10-2016
passed by the Enquiry Officer has sent directly by him
to Petitioner, which was in English and was received by
the Petitioner on 04-10-2015. The 2nd show cause notice
as mandated under the model Standing Order was not
issued to Petitioner to call for an explanation to the
order of Enquiry Officer. However, the respondent
terminated the Petitioner vide its order of termination,
dated 05-10-2012. The respondent has failed to consider
the past services of Petitioner with respondent and his
conducts, but, has passed an extreme punishment of
dismissal from services. The respondent has not
complied with the provision of section 33(1) (b) of
Industrial Disputes Act while dismissing the Petitioner
while the dispute is pending before the Conciliation
Officer, therefore, the Petitioner’s dismissal is invalid
under law. The Petitioner was victimized and punished
by respondent only because he raised his objections
when the respondent illegally deducted his monthly
wages and in order to refrain the other workers in the
respondent factory from raising any protest and
questions against the Management.
21. It is an admitted fact that no 2nd show cause
notice issued to the Petitioner, calling for his
explanations on the findings of the Enquiry Officer.
Without issuing 2nd show cause notice and without
receiving the version of the Petitioner , the respondent
company had directly soon after receiving the report
from the Enquiry Officer, had issued the termination
order to the Petitioner.
Relevant portion of RW 1, the General Manager
of Respondent Company’s cross-examination is as
follows:–
"c^sƒV´Áð
∂§¬ÁÔ
˛Á¶¬Ô©ÿ√u≈
∏≈z,
÷´ı¶Vkm xÁ≈BVÔ ®Õ>s> show
cause
notice
\–>V´Ú¬z ∂–©∏B>VÔ WÁ™s_ÁÈ. c^sƒV´Áð
∂§¬ÁÔ ˛Á¶¬Ô©ÿ√u≈ c¶[ \–>V´ˆ¶D show cause
notice
∂–©∏ ∂kÚÁ¶B s·¬ÔD ºÔ‚¶ ∏≈z>V[
º�ÿÔVı| ®Õ>s> ¶kΩ¬ÁÔ•D ®|¬Ô xΩ•D ®[Æ
ÿƒV[™VKD, g™V_ ÷Õ> kw¬˛_ ∂ÀkVÆ ®Õ>s>
∂§s©º√V s·¬Ôº\V, \–>V´ˆ¶D ÿ√≈V\_, ÂV∫Ô^
ºÂ´ΩBVÔ
∂–©∏B
Termination
Order
ƒ‚¶©√Ω
∞uƬÿÔV^·›>¬Ô>_È ®[Æ ÿƒV[™V_ ƒˆB_È".
22.
EX. P13 is the copy of the termination order,
dated 05-10-2016. From the said Termination order also,
I could see that after the receipt of the Enquiry report,
the management had straight away passed the
Termination order EX. P13 without giving an
opportunity to the Petitioner to explain his defence.
The relevant portion from the termination Order, dated
05-10-2016 (Ex. P13) runs as follows:
“The Management referred the alleged allegations
against you to the Independent Enquiry Officer
Mr. S. Ganesh Gnanasambanthan. Yourself, your
Advocate Mr. P.R. Satishkumar, and Mr. Dinesh
Ponnaiha, General-Secretary, AITUC, Puducherry, have
participated in the Enquiry before the Enquiry Officer.
In the result, 01-10-2016 the Enquiry Officer confirmed
the allegations and passed the orders on result of the
enquiry. On perusal of the Enquiry Officer Order the
Management herein decided to terminate you
(Mr. S. Sengeni, S/o. Sadhasivam), from services
effected on 05-10-2016. Therefore, I herein informed
you, and on behalf of the management that your
services have been terminated with immediate effect”.
Therefore, the termination order without giving
opportunity for the petitioner employee to submit his
version on the findings of the enquiry report is illegal
and liable to be set aside.
23.
In addition to that the case of the Petitioner
employee is that he was employed since 09-01-2004 with
the respondent as a permanent worker in respondent
factory at Kalapet and his monthly salary is ` 18,000.
During the employment with Respondent, Petitioner
rendered his unblemished and flawless services to
160
LA GAZETTE DE L’ETAT
[14 February 2023
respondent from the date of his joining the services.
This has been proved by the Petitioner by putting a
specific question to RW1, the General Manager of the
Respondent Company, while cross-examination. The
answer given by RW1 is extracted below for the better
appreciation:-
Cross-examination of RW1 on 02-03-2022 at page 1:
"2004
x>_ 2015áD gı|kÁ´ \–>V´Ï *m
®]Ï\–>V´´V_
Œø∫z
¶kΩ¬ÁÔ
®m°D
®|¬Ô©√¶s_ÁÈ ®[≈V_ ƒˆ>V[".
Cross-examination of RW1 on 15-06-2022 at page 4:
"\–>V´Ï ÷>uz x[A ®Õ>s> >ı¶Á™ gÁðºBV,
∂§°Æ›>_
ÔΩ>º\V
ÿ√≈V>º√Vm,
ºÂ´ΩBVÔ
÷Õ>
zu≈›]uÔVÔ Termination Order ÿÔV|›>m ∂]Ô√‚ƒ
>ı¶Á™ ®[Æ ÿƒV[™VKD ∂m ´›m ÿƒFB©√¶ ºkı|D
®[Æ ÿƒV[™VKD ƒˆB_È. \–>V´Á´ ºkÁÈloÚÕm
¿¬Ô ºkı|D ®[≈ c^ºÂV¬Ô›º>V|,∂kÏ *m Tı √a
∑\›] ∂kƒ´ Ô]l_ c^sƒV´Áð ¶›] ƒ‚¶ s]Ô”¬z
A≈D√VÔ ∂]Ô√‚ƒ >ı¶Á™ ∂π›m, ∂kÁ´ ºkÁÈloÚÕm
ºkı|ÿ\[º≈ ¿¬˛º™VD ®[Æ ÿƒV[™V_ ƒˆB_È".
Therefore, from all angles, the punishment of termination
is not valid and without any supportive or justifiable
reasons. Thus, the termination order is liable to be set
aside.
24. To conclude, the domestic enquiry held in this
case is decided as unfair and principles of Natural
Justice has not been followed. Thus, it is declared as
invalid. The charges framed against the Petitioner
Employee is not proved. The termination order is liable
to be set aside.
25. In the result, the Reference is decided as
Justified and the industrial dispute is allowed. The
Respondent management is directed to reinstate the
Petitioner with full back wages, continuity of service,
other attendant benefits, bonus and salary increment
and other perks which the petitioner is legally entitled
to as claimed in the claim petition. No costs.
Dictated to the Stenographer, directly typed by him,
corrected and pronounced by me in open Court on this
the 18th day of October, 2022.
V. SOFANA DEVI,
Presiding Officer,
Industrial Tribunal-cum
Labour Court,
Puducherry.
————
List of petitioner’s witness:
PW.1 —
03-10-20192 Thiru Sengeni
List of petitioner’s exhibits:
Ex.P1 —
23-01-2016 Photocopy of the complaint
given by the Petitioner before the
Labour Officer (Conciliation), Puducherry.
Ex.P2 —
27-01-2016 Photocopy of the letter
given by the Petitioner to the
Respondent.
Ex.P3 —
06-02-2016 Photocopy of the reply
letter given by the Respondent.
Ex.P4 —
23-01-2016 Photocopy of the 1st charge
Memo issued by the Respondent.
Ex.P5 —
30-01-2016 Photocopy of the explanation
letter given by the Petitioner to the
Respondent.
Ex.P6 —
06-02-2016 Photocopy of the 2nd
charge memo issued by the
Respondent.
Ex.P7 —
12-02-2016 Photocopy of the letter
given
by
the
Petitioner
to
the
Respondent.
Ex.P8 —
02-03-2016 Photocopy of the explanation
letter given by the Petitioner to the
Respondent.
Ex.P9 —
01-03-2016 Photocopy of the charge
sheet-cum-suspension order.
Ex.P10 —
28-03-2016 Photocopy of the Advocate
Notice.
Ex.P11 —
02-09-2016 Photocopy of the Advocate
Notice.
Ex.P12—
01-10-2016 Photocopy of the enquiry
report.
Ex.P13—
05-10-2016 Photocopy of the order of
termination.
Ex.P14—
21-09-2016 Photocopy of the letter given
by the Petitioner to the Respondent.
Ex.P15 —
09-07-2016 Photocopy of the objection
filed by the petitioner employee before
the domestic enquiry objecting the
conduct of domestic enquiry.
Ex.P16 —
02-01-2016 Photocopy of the complaint
given by PW2 Mr. Datchinamurthy to
the Manager, Respondent company.
List of petitioner’s witnesses:
RW.1 —
14-12-2022 Krishnasamy
RW.2 —
28-06-2022 Datchinamurthy
161
14 February 2023]
LA GAZETTE DE L’ETAT
List of respondent’s exhibits:
Ex.R1 —
15-10-2017 Authorization letter.
Ex.R2 —
22-01-2016 Photocopy of Krishnasamy to
the Management.
Ex.R3 —
23-01-2016 Photocopy of the charge
memo issued by the management to
Sengeni.
Ex.R4 —
30-01-2016 Photocopy of reply notice to
the Management by Sengeni.
Ex.R5 —
05-02-2016 Photocopy of the 2nd
complaint of Krishnasamy to the
Management.
Ex.R6 —
06-02-2016 Photocopy of the 2nd charge
memo issued by the Management to
Sengeni.
Ex.R7 —
01-03-2016 Photocopy of the charge
sheet-cum-suspension order issued by
the Management to Sengeni.
Ex.R8—
Photocopy of the salary pay slips (from
November 2015 to March 2016).
Ex.R9 —
Photocopy of the termination letter and
compensation letter issued by the
management to Sengeni.
Ex.R10—
15-10-2016
Photocopy
of
the
acknowledgment
card
signed
by
Sengeni.
Ex.R11—
14-11-2016 Photocopy of the letter
communicating the termination and
payment of Settlement of Gratuity by
M/s. Pondy Agro Advice letter issued
by Pondy Agro Chemicals Private
Limited.
Ex.R12 —
18-11-2016 Acknowledgment card signed
by Sengeni.
Ex.R13—
Photocopy of the Statement of Axis
B a n k
R e s p o n d e n t
A c c o u n t
No. xxxxxxxxxxx3579
stating
that
Petitioner Sengeni withdraw settlement
and compensation amount sum of
` 89,362 through cheque No. 189883 on
31-10-2016.
V. SOFANA DEVI,
Presiding Officer (FAC),
Industrial Tribunal-cum-
Labour Court, Puducherry.
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS (PERSONNEL WING)
No. A.1911/1/2023/DP&AR/SS.I(1)
Puducherry, dated 20th January 2023
ORDER
Shri D. Manikandan, I.A.S., Secretary to Government,
Puducherry, is designated as Nodal Officer for
preparation of “Vision and Action Plan-2047” document,
until further orders. He shall coordinate with the other
Secretaries for finalisation of the document.
(By order)
V. JAISANKAR,
Under Secretary to Government.
————
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF ANIMAL HUSBANDRY AND
ANIMAL WELFARE
No. 4741/DAH&AW/Estt./A7/2023/82,
Puducherry, dated 27th January 2023.
NOTIFICATION
The Notice of voluntary retirement given under
rule 43 of the Central Civil Services (Pension) Rules, 2021
by Tmt. S. Jenith Mary, Fieldman, Department of Animal
Husbandry and Animal Welfare, Karaikal, is accepted.
2. Accordingly, she is admitted into voluntary
retirement with effect from the afternoon of 13-02-2023.
(By order)
Dr. G. LATHA MANGESHKKAR,
Director (Animal Husbandry).
————
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS (PERSONNEL WING)
[G.O. Ms. No. 04/DP&AR/SS.II(1),
Puducherry, dated 31st January 2023]
NOTIFICATION
The Notice of voluntary retirement given under
rule 48-A of Central Civil Services (Pension) Rules, 1972,
by Tmt. M. Selvanayaguy, Superintendent, Department
of Science, Technology and Environment, Puducherry,
is accepted.
2. Accordingly, she stands retired from service with
effect from the afternoon of 06-01-2023.
(By order)
V. JAISANKAR,
Under Secretary to Government
(Personnel).