Puducherry Gazette, No. 15, 11 April 2023

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. 15 Poudouchéry Mardi 11 Avril 2023 (21 Chaitra 1945)

No. Puducherry Tuesday 11th April 2023

ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS

Page ✓¬ÔD Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 310 Sentence arbitral du Travail .. 310 Award of the Labour Court .. 310

de Tribunal.

∂´∑ ∂§s¬ÁÔÔ^ .. 314 Notifications du Gouvernement .. 314 Government Notifications .. 314 Œ©✓ ∂§s©AÔ^ .. 317 Avis d' appel d' offres .. 317 Tender Notice . 317 g✓›>V™ WÆk™∫Ô^ .. 319 Etablissements dangereux .. 319 Dangerous Establishments .. 319

.. 320 Announcements .. 320 ƒVu≈§¬ÁÔÔ^ .. 320 Annonces

[309]310 LA GAZETTE DE L'ETAT [11 April 2023 GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 09/AIL/Lab./T/2023,

Puducherry, dated 24th January 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 09/2020, dated 12-12-2022 of the Industrial Tribunal-cum-Labour Court, P u d u c h e r r y i n r e s p e c t o f D i s p u t e b e t w e e n t h e Tmt. K. Hemamalini, Villianur, Puducherry against the management of M/s. DXN Manufacturing (India) Private Limited, Thiruvandar Koil, Mannadipet Commune, Puducherry, over non-employment and compensation of ` 7,00,000 with 24% interest has been received.

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)

E. Karthik, Counsels for the Respondent, Reported No Instruction, Court Notice sent and same served on the Respondent, Respondent remained ex parte and after hearing the Petitioner side and perusing the case records, this Court delivered the following:

A W A R D

This Industrial Dispute arises out of the reference made by the Government of Puducherry vide G.O. Rt. No. 78/AIL/Lab./T/2020, dated 15-07-2020 of the Labour Department, Puducherry to resolve the following dispute between the Petitioners and the Respondent, viz.,

(a) Whether the dispute raised by the Petitioner Tmt. K. Hemamalini, Villianur, Puducherry against the Management of M/s. DXN Manufacturing (India) Private Limited, Thiruvandar Koil, Mannadipet Commune, Puducherry over non-employment and compensation of ` 7,00,000 with 24% interest 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?

2. Brief facts of the case of the Petitioner:

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.

Monday, the 12th day of December, 2022.

I.D. (L) No. 09/2020

C.N.R. No. PYPY06-000041-2020

K. Hemamalini, No. 7, Third Cross Street, First Main Road, Puducherry-605 110.

. . Petitioner

Vs.

The Managing Director, M/s. DXN Manufacturing (India) Private Limited, R.S Nos. 141/4 and 142/5, Whirlpool Road, Thiruvandar Koil, Mannadipet Commune, Puducherry-605 102.

. . Respondent This Industrial dispute coming on 07-11-2022 before me for final hearing in the presence of Thiruvalargal S. Nagarajan and A.P. Ilangovan, Counsels for the Petitioner, Thiruvalargal L. Sathish, S. Velmurugan and The Petitioner Workman was joined as operator in the Respondent Management company on 01-04-2002 and the Petitioner kept maintained her good conduct and best service to the fullest satisfaction of the Respondent Management being a regular employee ever since of joining to the employment as operator under the Respondent Management. The Respondent company was engaged in manufacturing a herbal capsules in the name and style of "R.G. & G.L." and being a multinational company was having surge of customers over the world for the reason of the health product of the Respondent company.

(ii) The Respondent Management was engaged more than 60 employees in a shift per day for manufacturing process and apart from other employees for operational purpose. Few employees among other were taken effort for formation of Union in the year 2006 and by name "DXN Herbal Manufacturing (India) Private Limited Labour Union". 17 employees were targeted by the Respondent Management for pangs of death i.e., victimization for the sole reason that they were being stubborn to membership to the said Union. 17 employees were terminated from service without any valid cause and reason except their bare eager for membership into the Union. The said dispute was referred to Labour Officer, Conciliation from time to time.

11 April 2023] LA GAZETTE DE L'ETAT 311

(iii) On 01-03-2011 at about 05.30 p.m the Respondent Management was surprisingly displaced a notice on the board that "The Office of Management will not function from 02-03-2011 and the services of notice mention employees are not required from 02-03-2011 and their terminal benefits will be settle down on 08-03-2011 at the Office". The statutory machineries viz., the Labour Commissioner and Conciliation Officer took cognizance upon the unlawful act the Respondent Management immediately. The Respondent Management was failed to appear before the officials many hearing and bluntly ignored them. On around 08-04-2011, the Respondent Management filed its counter before the Conciliation Officer in respect of the said Industrial Dispute. Vide the said counter, the Respondent Management stated that due to certain unavoidable circumstances had forced the Management to cease to run the factory and in view the Management has proposed to transfer the staff and their workmen to Himachal Pradesh unit.

(iv) Some of the employees filed a civil suit vide O.S. No. 45/2011 before the Sub Court, Puducherry against the Respondent Management and won the suit vide Judgment and decree, dated 12-04-2012. In view of the vengeance target the Respondent Management assailed a baseless allegation against the Petitioner vide charge-sheet, dated 02-01-2010 and 29-06-2010 for the reason of slow down the work. A similar charge-sheet was launched upon many employees who showed their sheer inclination for membership into the Union. Apart from the said issue was got the shape of Industrial Dispute before this Court vide I.D.No. 21/2011 and I.D.No. 10/2020. In fact the present Petitioner was party to the Industrial Dispute I.D.No. 10/2020. Whilst pending the above disputes before this Court, the Respondent Management desired for tripartite agreement under section 12(3) of Industrial Disputes Act so as to evade and escape from the stringent liabilities for illegal closure of the company and illegal termination of the employees including non-employment, etc. (v) Accordingly on 04-12-2017, a settlement under section 12(3) arrived between the Respondent Management and its labour Union in the presence of the Labour Commissioner. A final settlement including terminal benefits was decided for all the employees as a compensation measure against the illegal closure, non-employment, termination, unfair labour practice, victimization etc. In view of arrival of settlement the Respondent Management was uniquely decided to cease the service of employees against the amount agreed for compensation towards the employees.

Accordingly an amount of ` 3,50,000 (Rupees three lakhs fifty thousand only) was decided as compensation quantum for each employees irrespective of their status. The requisite condition for the said settlement was cessation of employment of all employees against the effect of illegal closure and the Management was not intent to reopen the said factory forever.

(vi) Whereas the present nomenclature as to refusal for employment with the Respondent Management @ ` 3,50,000 as compensation and who are willing to continue the service similar to the Petitioner was paid nothing. Hence the discriminative classification for settlement of compensation among the employees who were set to same foot for same dispute upon same issue but the ramified amount for compensation among the employees was irrational and illogical.

(vii) The Petitioner opted to continue service with Respondent Management. However, the Petitioner was not in a position to join and report duty in lieu of the 12(3) settlement against her personal inconvenience upon her 17 year old daughter was supposed to stay alone at home when the Petitioner is about to report duty as directed by the Respondent Management. Pertinently the Petitioner was very recently shifted her rented home almost 15 kilometers away from the erstwhile home. Apart from that the Petitioner was lone lady to care and cater her 17 years old daughter since her husband was in employment out of the state. Accordingly vide letter, dated 21-12-2017, the Petitioner requested time for same. However vide letter, dated 28-12-2017, the Respondent Management informed the Petitioner that merely 5 days only would be given to join and report duty and in case of her failure within the set time the Management would consider that she is not interested to continue as its employee and resigned the job. In addition Respondent Management sought the bank details of the Petitioner to deposit the one time compensation/terminal benefits @ ` 40,000.

(viii) As a response to the Respondent Management's letter content, the Petitioner submitted her letter, dated 02-01-2018 for seeking one month time for joining duty. The Respondent Management was not in function yet then in lieu of the 12(3) settlement, dated 04-12-2017 for the reason that the Respondent Management and the factory unit was completely closed down for more than 7 years continuously. The Respondent Management was stepped into the shoes of various authorities for sanctioning the orders to resume the work at the closed factory premise viz., the electricity, water, municipal tax, environmental clearance, underground water, measuring the safety clearance etc.

312 LA GAZETTE DE L'ETAT [11 April 2023

(xiii) An illegal termination of the Petitioner's employment by the sole Respondent herein pertinently without conducting even a domestic enquiry against the Petitioner who infact was regular employee working since, 01-04-2002 i.e., for more that 15 years. The Petitioner was drawn her wage around ` 6,500 after deducting the admissible contribution viz., the ESI, the P.F etc., before the effect of the 12(3) settlement, dated 04-12-2017. Whereas ` 10,500 was fixed as her wage in lieu of the 12(3) settlement, dated 04-12-2017 apart from other allowances admissible under the Respondent Management from time to time. Hence, the claim for the reinstatement.

3. R e s p o n d e n t C o m p a n y w a s s e t ex p a r t e o n 11-08-2022.

4. Point for determination:

(ix) The letter, dated 09-01-2018 refused the request of the Petitioner for one month time and allowed just days time to join the duty. The Petitioner had exposed her uncontrollable situation and against which she sought considerable time around one month vide letter dated 02-02-2018 to the Respondent Management. Whereas against receipt of the above letter from the Petitioner, the Respondent Management vide its letter, dated 02-02-2018 by terminating the Petitioner from the employment along with a Demand Draft bearing No. 078389 dated 01-02-2018 for ` 40,000 as one time compensation/terminal benefit. The Petitioner was insisted to receive the said termination letter by the Respondent Management along with the Demand Draft. But, the Petitioner was however refused the termination letter and the Demand Draft unlawfuly assailed by the Respondent Management. But with no option against irksome insistence of the Respondent Management, the Petitioner received the same with objection as to no prejudice to her legal rights upon litigation lie on the cause of action for the present Industrial Dispute.

Whether the Petitioner Workman is entitled for the p r a y e r o f r e i n s t a t e m e n t a n d c o m p e n s a t i o n o f ` 7,00,000 with 24% interest as prayed in the Claim Petition?

5. On the Point:

(x) The pre mediated decision of the Respondent Management for terminating her employment by ceasing the employment and loosing the lieu over employment in an unjust and unlawful manner pertinently in lieu of effect of 12(3) settlement, dated 04-12-2017 between the Management and its Labour Union after long illegal closure and illegal termination of the employment of the employees. In precise the act of the Respondent Management is shear victimization to the Petitioner and her employment rights as per Industrial Dispute Act.

(xi) The letter, dated 18-05-2018 the Petitioner submitted an appropriate complaint as to the Industrial Dispute before the Labour Officer (Conciliation), Puducherry with the request for reinstatement to the employment with compensation of ` 7,00,000. The Respondent Management vide letter, dated 10-05-2019 replied to the Labour Officer (Conciliation) upon the Industrial Dispute of the Petitioner and through with stoutly refused the demands of the Petitioner and sought a failure report from the Conciliation Officer. Against which a reply by the Petitioner vide letter, dated 05-08-2019 was submitted before the Labour Officer (Conciliation).

(xii) The Labour Officer (Conciliation) vide his proceedings No. 740/LO(C)/AIL/018, dated 16-03-2012 submitted the failure report upon the Industrial Dispute raised by the Petitioner vide her petition, dated 18-05-2018.

Respondent counsel reported no instruction on 20-07-2022. Court notice ordered and served on the Respondent. Since service sufficient, Respondent called but not appeared on 11-08-2022. Hence, Respondent Management set ex parte. Proof affidavit of the Petitioner filed and Ex.P1 to P11 marked.

6. Heard the Petitioner counsel. Perused the case records and Ex.P1 to P11 marked on the side of the Petitioner.

7. The prayer in the Industrial Dispute is for reinstatement with back wages and other benefits along with the compensation of ` 7,00,000 with 24% interest over the illegal termination and non-employment of the Petitioner with cost. According to the Petitioner, in I.D.No. 21/2011 and I.D.No. 10/2020 in which the Petitioner was the party. Pending above said IDs, Management and Labour Union entered into a settlement under section 12(3) on 04-12-2017 in the presence of Labour Commissioner. In view of the settlement, the Respondent Management agreed for compensation of ` 3,50,000 for cessation of employment of employees against the effect of illegal closure and the Management was not intended to reopen the factory for work. But the employees who are willing to continue the service i n c l u d i n g t h e P e t i t i o n e r w a s p a i d n o t h i n g . T h e d i s c r i m i n a t i v e c l a s s i f i c a t i o n f o r s e t t l e m e n t o f compensation among the employees who were on the same position but refused the compensation among the employees was irrational and illogical.

11 April 2023] LA GAZETTE DE L'ETAT 313

11. In the result, the Reference is justified and the Industrial Dispute is partly allowed with the effect that the Respondent Management is hereby directed to pay ` 3,10,000 (Rupees Three lakhs and ten thousand only) which was paid by the Respondent Management to the employees those who quit the job, to the Petitioner herein with accrued interest at the rate of 9% from the date of their job cessation i.e., 02-02-2018 till the date of this Award and thereafter 6% from the date of the Award till the date of realization. Other Claims claimed by the Petitioner in the claim petition is rejected. No costs.

Dictated to the Stenographer, directly typed by him, corrected and pronounced by me in open court on this the 12th day of December, 2022.

V. SOFANA DEVI, Presiding Officer, Industrial Tribunal-cum- Labour Court, Puducherry.

List of petitioner's witness:

8. According to the Petitioner, she opted to continue the service with Respondent Management and not in a position to join immediately due to her personal in c o n v e n i e n c e . T h e s a m e w a s i n f o r m e d t o t h e Management vide her letter, dated 21-12-2017 requesting time for joining. The Respondent Management granted only 5 days time for reporting duty vide its letter, dated 28-12-2017. Again the Petitioner vide her letter, dated 02-01-2018 sought for one month time for joining the duty. The Respondent Management refused the request vide letter dated 09-01-2018 but given 5 days time for joining duty. Again the Petitioner sought one month time to the Respondent Management vide her letter 02-02-2018. Whereas, the Respondent Management vide its letter, dated 02-02-2018 had terminated the Petitioner from the employment with the Demand Draft, dated 01-02-2018 for ` 40,000 as one time compensation/ terminal benefits. The Petitioner has received the same with objection. The above decision of the termination of the Respondent Management is pre-mediated decision and against the 12(3) settlement. The Petitioner had approached the Labour Officer Conciliation. The Respondent Management filed their objections, dated 10-05-2019.

PW1 — 14-09-2022 Tmt. Hemamalini

List of petitioner's exhibits:

9. It is submitted by the Petitioner Counsel that ` 10,500 was fixed as her wage in lieu of the 12(3) settlement dated 04-12-2017 apart from other allowances admissible under the Respondent Management from time to time.

10. Though the Petitioner has agreed to join the Respondent Management but she could not make it immediately due to her personal inconvenience. This version of the Petitioner has not been rebutted by the Respondent Management. When Respondent Management had disbursed ` 3,50,000 to the employees those who quit the job as per the Settlement under section 12(3) of the Industrial Disputes Act, in absence of any rebuttal pleadings, evidence and proof, this Court is not in a position to reject the claim of the Petitioner. But, at the same time, this Court is not inclined to order the relief as such claimed by the Petitioner in this claim petition in toto. On considering the facts and circumstances, this Court finds that before the closure, the Petitioner had received ` 6,500 as Wage after all deductions. Hence, taking into account as per the 12(3) settlement though the Petitioner has agreed to join the Respondent Management but she could not make it immediately due to her personal inconvenience, it is just and proper that if ordered the same compensation of ` 3,50,000 which was paid by the Respondent Management to the employees those who quit the job, be paid to the Petitioner herein with accrued interest. Since, ` 40,000 already paid to the Petitioner Workman, the same shall be deducted from the said compensation. Thus the point for determination is decided accordingly.

Ex.P1 — 21-12-2017 Photocopy of the letter by the Petitioner to the Respondent.

Ex.P2 — 28-12-2017 Photocopy of the letter by the Respondent to the Petitioner.

Ex.P3 — 02-01-2018 Photocopy of the letter by the Petitioner to the Respondent.

Ex.P4 — 09-01-2018 Photocopy of the letter by the Respondent to the Petitioner.

Ex.P5 — 02-02-2018 Photocopy of the letter by the Petitioner to the Respondent.

Ex.P6 — 02-02-2018 Photocopy of the Letter by the Respondent to the Petitioner intimating job cessation.

Ex.P7 — 01-02-2018 Photocopy of the Demand Draft No. 078389 (Axis Bank).

Ex.P8 — 18-05-2018 Original document of the Industrial Dispute complaint of the Petitioner before the Labour Officer (Conciliation).

314 LA GAZETTE DE L'ETAT [11 April 2023

Ex.P9 — 10-05-2019 Photocopy of the reply of Respondent Management before the Labour Officer (Conciliation).

Ex.P10 — 05-08-2019 Photocopy of the re joinder of the Petitioner before the Labour Officer (Conciliation).

Ex.P11 — 04-12-2017 Photocopy of the 12(3)

Settlement.

ANNEXURE

(i) Whether the dispute raised by the Petitioner Thiru L. Gasperraj, represented by Shree Mother Plast Employees Union, against the management of M/s. Shree Mother Plast India Private Limited, Puducherry, over his non-employment is justified or not? If justified, to give appropriate direction?

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

List of Respondent's Witness: NIL

(By order)

List of Respondents's Exhibits: NIL

V. SOFANA DEVI, Presiding Officer, Industrial Tribunal-cum- Labour Court, Puducherry.

P. RAGINI, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

(G.O. Rt. No. 38/Lab./AIL/T/2023,

Puducherry, dated 21st March 2023)

NOTIFICATION

(G.O. Rt. No. 37/Lab./AIL/T/2023,

Puducherry, dated 21st March 2023)

NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Shree Mother Plast India Private Limited, Puducherry and Thiru L. Gasperraj, over his non-employment along with back wages and other attendant benefits, in respect of the matter mentioned in the Annexure to this order;

And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;

Now, therefore, by virtue of the authority delegated vide G.O. Ms. No. 20/9/Lab./L, dated 23-5-1991 of the Labour Department, Puducherry, to exercise the powers conferred by clause (c) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), it is hereby directed by the Secretary to Government (Labour) that the said dispute be referred to the Labour Court, Puducherry, for adjudication. The Labour Court, Puducherry, shall submit the Award within 3 months from the date of issue of reference as stipulated under sub-section (2-A) of section 10 of the Industrial Disputes Act, 1947 and in accordance with rule 10-B of the Industrial Disputes (Central) Rules, 1957. The party raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses to the Labour Court, Puducherry, within 15 days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Manatec Electronics Private Limited, Karikalampakkam, Puducherry and Thiru P. Narasingaperumal, over his non-employment along with other attendant benefits, in respect of the matter mentioned in the Annexure to this order;

And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;

11 April 2023] LA GAZETTE DE L'ETAT 315

ANNEXURE

(i) Whether the dispute raised by the Petitioner Thiru P. Narasingaperumal, against the management of M/s. Manatec Electronics Private Limited, Puducherry, over his non-employment along with attendant benefits is justified or not? If justified, what relief the petitioner is entitled to?

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

(By order)

P. RAGINI, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY

ANNEXURE

(i) Whether the dispute raised by the Petitioner Thiru R. Sudhakar, represented by Shree Mother Plast Employees Union, against the management of M/s. Shree Mother Plast India Private Limited, Puducherry, over his non-employment along with attendant benefits is justified or not? If justified, to give appropriate direction?

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

(By order)

P. RAGINI, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

LABOUR DEPARTMENT

(G.O. Rt. No. 39/Lab./AIL/T/2023,

Puducherry, dated 21st March 2023)

(G.O. Rt. No. 40/Lab./AIL/T/2023,

Puducherry, dated 21st March 2023)

NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Shree Mother Plast India Private Limited, Puducherry and Thiru R. Sudhakar, over his non-employment along with back wages and other attendant benefits, in respect of the matter mentioned in the Annexure to this order;

And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;

NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s. Shree Mother Plast India Private Limited, Puducherry and Thiru R. Irusappan, over his non-employment along with back wages and other attendant benefits, in respect of the matter mentioned in the Annexure to this order;

And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;

316 LA GAZETTE DE L'ETAT [11 April 2023

ANNEXURE

(i) Whether the dispute raised by the Petitioner Thiru R. Irusappan, represented by Shree Mother Plast Employees Union, against the management of M/s. Shree Mother Plast India Private Limited, Puducherry, over his non-employment is justified or not? If justified, to give appropriate direction?

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

(By order)

2. Ms. Rishita Gupta, I.A. S. (AGMUT: 2019) is transferred and posted as Director of Planning and Research, Puducherry, relieving her of the charge of Project Director, District Rural Development Agency, Puducherry.

(By order of the Lieutenant-Governor)

RAJEEV VERMA, Chief Secretary to Government.

————

GOVERNMENT OF PUDUCHERRY CHIEF SECRETARIAT (WORKS)

P. RAGINI, Under Secretary to Government (Labour).

(G.O. Ms. No. 13, Puducherry, dated 27th March 2023)

————

GOVERNMENT OF PUDUCHERRY

NOTIFICATION

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G.O. Ms. No. 21, Puducherry, dated 24th March 2023)

NOTIFICATION

The Lieutenant-Governor, Puducherry, is pleased to transfer and post Shri G. Sathiyamoorthy, I.F.S. (AGMU : 2010), presently holding charge of Managing Director, PIPDIC as Project Director, District Rural Development Agency, Puducherry, with effect from 01-04-2023.

(By order of the Lieutenant-Governor) 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 A. Rajasekharan, Executive Engineer on ad hoc basis, presently holding the post of Superintending Engineer on 'Current Duty Charge' basis, Circle-III, Public Works Deprartment, Karaikal, is admitted into retirement on the afternoon of 31-03-2023.

(By order)

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

————

GOVERNMENT OF PUDUCHERRY CONFIDENTIAL AND CABINET DEPARTMENT (G.O. Ms. No. 23, Puducherry, dated 29th March 2023)

RAJEEV VERMA, Chief Secretary to Government.

————

GOVERNMENT OF PUDUCHERRY

NOTIFICATION

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G.O. Ms. No. 22, Puducherry, dated 24th March 2023)

NOTIFICATION

The Lieutenant-Governor, Puducherry, is pleased to order the following allocation/reallocation of subjects among I.A.S. Officers with effect from 01-04-2023.

1. Shri A. Kulothungan, I.A.S. (AGMUT: 2017) in pursuance to Order No. 14020/1/2023.UTS.I, dated 23-02-2023 of the Ministry of Home Affairs, New Delhi and on having reported for duty in this Administration on the forenoon of 16-03-2023, is posted as District Collector, Karaikal relieving Shri L. Mohamed Mansoor of this charge.

The Lieutenant-Governor, Puducherry, is pleased to order the withdrawal of "Ex-officio Status" conferred upon the Director of 'Adi Dravidar Welfare and Scheduled Tribes Welfare', Puducherry and the subject 'Adi Dravidar Welfare and Scheduled Tribes Welfare' shall be looked after by the Under/Deputy/Joint Secretary to Government, to whom the subject is allocated at the Chief Secretariat, Puducherry. The Secretariat Wing hitherto functioning in the Department shall henceforth function at the Chief Secretariat, Puducherry.

2. The Lieutenant-Governor is further pleased to order that the Officers/Staff presently deployed on service placement basis from the Chief Secretariat (Estt.), Puducherry, to the Secretariat Wing of the Department of Adi Dravidar Welfare and Scheduled Tribes Welfare, Puducherry, shall report before the Deputy Secretary to Government (Estt.), Chief Secretariat, for further posting.

11 April 2023] LA GAZETTE DE L'ETAT 317

3. These orders shall take effect from 01-04-2023.

(By order of the Lieutenant-Governor)

RAJEEV VERMA, Chief Secretary to Government.

————

GOVERNMENT OF PUDUCHERRY Government Schools in the Union territory of Puducherry, as mentioned against each with immediate effect:–

Sl. Name of the School To be renamed after No.

(1) (2)

(3) DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (PERSONNEL WING) 1. R. Seenuvasan Viduthalai Veerar Government High School, R. Seenuvasan Mettupalayam, Puducherry. Government High [G.O. Ms. No. 24/DP&AR-SS.II(1), Puducherry, dated 29th March 2023]

NOTIFICATION

On attaining the age of superannuation, the following Superintendents, shall retire from service with effect from the afternoon of 31-03-2023.

Sl. Name of the official and No. Department/Office

(1)

(2)

Tmt./Thiru:

1 R. Kalavathy,

Superintendent, Directorate of Higher and Technical Education, Lawspet, Puducherry.

2 P. Uma,

School, Mettupalayam, Puducherry.

2. M.R. Suburayan M.R. Subbaraya Government Primary School, Counder Government Madukkarai, Puducherry. Primary School,

Madukkarai, Puducherry.

(By order of the Lieutenant-Governor)

F.P. VERBINA JAYARAJ, Under Secretary to Government (School Education).

GOVERNMENT OF PUDUCHERRY INDIRA GANDHI GOVERNMENT GENERAL HOSPITAL AND POSTGRADUATE INSTITUTE Superintendent, SPM & Buildings, Electricity Department, Puducherry.

Puducherry, dated 28th March 2023.

3 D. Ramkumar,

Superintendent, Public Health Division, Public Works Department, Puducherry.

4 P. S. Selvam,

Superintendent, Directorate of Economics and Statistics, Puducherry.

(By order)

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

————

GOVERNMENT OF PUDUCHERRY DIRECTORATE OF SCHOOL EDUCATION (SECRETARIAT WING)

TENDER-CUM-AUCTION NOTICE Sealed tenders are invited by the undersigned for a sale of unserviceable Radiological items (Non-Emitting Radiation items) as detailed in the Annexure (enclosed) in a single lot system belonging to this Institution in as-is-where-is condition.

2. The participated tenderers/bidders are to be eligible only Government Authorised E-waste Dismantling Unit, the intending tenderers may inspect the items at the office of the undersigned between 10.30 a.m. and 11.30 a.m. from 17-04-2023 to 21-04-2023 with the permission of the officer concerned. Sale of Tender Form can be had in person on payment of ` 100 (Rupees one hundred only) plus GST as admissible (non-refundable) from 17-04-2023 to 21-04-2023 up to 12.30 p.m.

(G.O. Ms. No. 54, Puducherry, dated 31st March 2023)

ORDER

In pursuance of the recommendations of the Cabinet, approval of the Lieutenant-Governor, Puducherry, is hereby conveyed for renaming of the following 3. Sealed tenders in the prescribed Tender Form addressed to the Medical Superintendent, Indira Gandhi Government General Hospital and Postgraduate Institute, Puducherry, superscripted as "Tender for purchase of R a d i o l o g i c a l i t e m s ( N o n - E m i t t i n g R a d i a t i o n ) "318 LA GAZETTE DE L'ETAT [11 April 2023 should reach this office on or before 24-04-2023 at 1.00 p.m. Each tenderer shall enclose a Demand Draft for an amount of ` 10,000 (Rupees ten thousand only) drawn in favoure of the Junior Accounts Officer, Indira Gandhi Government General Hospital and Postgraduate Institute, Puducherry, as earnest money deposit.

4. Tenders will be opened on 25-04-2023 at 3.30 p.m. in the office of the undersigned in the presence of the tenderers who are present at the time of opening.

5. If, the highest tender amount offered by the tenderer is found to be not acceptable by the undersigned, the public auction will be conducted on the spot, keeping the highest tender amount as minimum bid.

6. The following self-attested photocopy of the documents/certificates must be enclosed along with tenders-

(a) Valid GST Registration Certificate

(b) PAN Card

(d) Aadhaar Card/Valid Family Ration Card/Valid Driving Licence. Tenders without these certificates/ documents will be rejected.

7. Individuals/Partner of a firm, who have/has been punished under Criminal Procedure Code or any criminal case is under process, is not eligible for participating in the Tender-cum-Auction. Any false representation is found during the tender/auction process, the tender/bid offered by him/her/them will be cancelled and his/her/ their earnest money deposit will be forfeited.

12. The successful tenderer/auction should pay the cost of articles plus applicable GST and make his/her own arrangement to clear/remove the articles immediately at his/her own cost. Otherwise, the earnest money deposit will be forfeited.

13. The applicable GST on the sale proceeds may be paid by the buyer (i.e., recipient) directly to the GST Accounts on reverse charge basis as per the notification vide G.O. Ms. No. 4/2017- Puducherry GST (Rate), dated 29-06-2017 and G.O. Ms. No. 36/2017- Puducherry GST (Rate), dated 24-10-2017.

14. The Government Authorized E-waste Recyclers who is buying the X-ray equipment should necessarily perform the dismantling of the equipment according to the Government guidelines.

15. The Government Authorized E-waste Recycler has to dismantle the equipment and dispose off it appropriately, thus, removing the dismantled equipment from the premises of Indira Gandhi Government General Hospital and Postgraduate Institute, Puducherry. The Government Authorized E-waste Recycler has to handle the logistics of transporting the dismantled equipment out of Indira Gandhi Government General Hospital and Postgraduate Institute, Puducherry, to the appropriate disposal site. (Welding/Any kind of machine should not be used for cutting of materials inside the Indira Gandhi Government General Hospital and Postgraduate Institute, Puducherry, premisses).

16. This office will not be in any way held responsible for the safe custody or any loss of the sold articles. Once the tender/auction is finalized, no claim on the quantity and quality of the materials will be entertained.

17. The undersigned reserves the right to reject any or all tenders/bids without assigning any reason thereof and the decision of the undersigned in this regard will be the final and binding on all the tenders/auction.

MEDICAL SUPERINTENDENT.

8. If, any/all participant(s) misbehaves during the tender/auction process, the tenderer(s)/bidder(s) will be removed from the place of auction, also his/her/their tender will be rejected and the earnest money deposit will be forfeited.

ANNEXURE

Old Unserviceable Radiological Equipment's

(Non-Emission of radio activity)

9. The earnest money deposit of the successful tenderer will be adjusted against the sale proceeds and the earnest money deposit of the unsuccessful tender will be discharged/returned immediately.

10. The other than the tenderer will not be admitted at the time of opening the tender and auction.

11. Acceptance of the tender/auction will be intimated to the successful tenderer/bidder after finalization of the tender/auction. Successful tenderer/bidder or his/her authorised person will be allowed to clear/remove the sold materials.

Sl. Name of the Equipment Quantity No.

(1) (2)

(3)

No. 1. Siemens 1.0 TesIa Magnetom Harmony 1 MRI System Sl. No. 49337.

11 April 2023] LA GAZETTE DE L'ETAT 319

(1) (2)

(3)

(1) (2)

(3)

No.

No. 2. Philips HD II Premium US with Colour 1

6. Automatic X-ray Film Processor (3186) 1 Doppler System Sl. No. US 40631652

7. Automatic X-ray Film Processor (1907) 1 3. Automatic X-ray Film Processor (3182) 1

8. Kodak 160 Lazer Camera 1 4. Automatic X-ray Film Processor (3934) 1

9. CT Scan INV/HV Cathode 1 5. Automatic X-ray Film Processor (4135) 1

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————

NETTAPAKKAM COMMUNE PANCHAYAT, PUDUCHERRY

Nettapakkam, dated 29th March 2023.

Dangerous Establishments

NOTICE

The undermentioned person has requested permission to set up the following industry within the Nettapakkam Commune Panchayat limits as detailed below.

320 LA GAZETTE DE L'ETAT [11 April 2023

Sl. Name and Address of the Industry Power No. of No. address of

industry site proposed required workers the applicant

(1) (2)

(3)

(4) (5) (6) 1. Thiru Albin P. Mathew, M/s. Blue Ocean Beverages IMFL Blending 350 186

shift).

Re-survey Nos. 54/2 and 54/4, Pondy Private Limited, and bottling H.P. (General Korkadu Revenue Village, Re-survey Nos. 54/2 and 54/4, plant. Bahour Taluk, Korkadu Revenue Village, Puducherry-605 110. Bahour Taluk,

Puducherry-605 110.

In conformity with rule 11 of the Puducherry Commune Panchayats (Grant of Licences and Permissions) Rules, 1976, promulgated in this Union Territory by the Puducherry Village and Commune Panchayats Act, 1973, objections, if any, to the setting up of the above industry, are invited to reach the Commissioner, Nettapakkam Commune Panchayat within ten days from the date of publication of this notice in the Official Gazette.

The objections, so received within the specified period will be considered by this Commune Panchayat.

AFFIDAVIT

I, A. Sureshkumar, son of Azhagiri, Indian, Hindu, aged 40 years residing at No. 26, Rajathiammal Street, Jeyam Nagar, Mudaliarpet, Puducherry-605 004, do hereby solemnly and sincerely affirm, and state on oath as follows:

2. That I am the deponent herein and I am well aware of the facts of the deposition.

3. I state that my name is entered as 'Suresh Kumar.A' in my Birth Certificate bearing Registration No. 044/1982/1/00557, dated 21-5-2019.

4. I state that my name is entered as 'Suresh Kumar. A' in my Transfer-cum-Conduct Certificate bearing Adm. No. 35/2000-01, dated on 06-06-2003.

5. I state that my name is entered as 'Suresh Kumar. A' in my PAN Card bearing No. BYHPS6875F.

6. I state that my name is entered as 'Sureshkumar' in my Aadhaar Card vide No. XXXX XXXX 4455, and in my Family Ration Card bearing No. 141522, my name is mentioned as '∑º´i z\VÏ'.

7. I state that my name is entered as 'Sureshkumar' in my Driving Licence No. PY0l 20140003405, dated on 17-04-2014.

8. Further, I declare that as per numerological reasons, I have changed my name as 'A.Suresh Kumaar' and I declare that hereinafter, I shall be called and known only by the name 'A.Suresh Kumaar'.

N. JAYAKUMAR, Commissioner. The above deposition is true and correct to the best of my knowledge and belief.

Solemnly and sincerely affirmed, and signed before the Notary Public at Puducherry, on this 08th day of March 2023.

562268 A. SURESHKUMAR.

————

AFFIDAVIT

I, Vanaja @ Vennila, wife of Veerappan, Hindu, aged about 49 years and residing at No. 148 A, Dr. Ambedkar Salai, Nethaji Nagar-3, Uppalam, Puducherry-605 001, do hereby solemnly and sincerely affirm and state on oath as follows:

1. I am the deponent herein and I am well aware of the facts of the deposition.

2. I state that my name is mentioned as 'Vanaja' in my Birth Certificate under Registration No. P/1973/ 03089, issued by the Pondicherry Municipality, Puducherry, in my SSLC Mark Sheet vide Register No. 525277, issued by the Secretary, Board of Secondary Education, Tamil Nadu, in my Marriage Certificate under Registration No. 1/1992/ND, issued by Pondicherry Municipality, Puducherry, in my Elector's Photo Identity Card No. IGW0131458, issued by the Election Commission of India and in my Aadhaar Card No. XXXX XXXX 7608, issued by the Unique Identification Authority of India.

11 April 2023] LA GAZETTE DE L'ETAT 321

3. I state that my name is mentioned in our Family Ration Card No. 013569 as 'k™¤V', issued by the Department of Civil Supplies and Consumer Affairs, Government of Puducherry.

4. I state that my home-calling name is 'Vennila' and I would like to change the name 'Vennila' for astrological reasons.

5. I state that the above-mentioned names that is 'Vanaja', 'Vennila' and 'k™¤V' are referred, identified and relate to one and the same person that is myself only.

6. Hence, I declare that hereinafter, I shall be called and referred as 'Vanaja @ Vennila' for all purposes.

7. 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 24th day of March 2023.

562285 V. VANAJA.

————

AFFIDAVIT

I, Ashrafali, son of Sathakathulla, aged about 46 years and residing at No. 4, Dhanalakshmi Garden, Solai Nagar, Muthialpet, Puducherry-605 003, solemnly and sincerely affirm and state on oath as follows:

That I am the deponent herein and well aware of the facts of the same deposed hereunder.

I state that my name is mentioned as 'S Ashrafali' in my Aadhaar Card vide No. XXXX XXXX 7569, issued by the Unique Identification Authority of India.

Further, I state that my name is mentioned as 'Ashrafali' in my PAN Card vide No. EENPA4270P, issued by Income-tax Department, Government of India.

Further, I state that my name is mentioned as 'Asharaf ' in my vehicle Auto vide Registration No. PY 01 N 5383, issued by Regional Transport Office, Government of Puducherry and in my Driving Licence vide No. TN 31 1995 0001455, issued by Regional T r a n s p o r t O f f i c e , C u d d a l o r e , G o v e r n m e n t o f Tamil Nadu.

Further, I state that my name is mentioned as ' A s r a f A l i ' i n m y E l e c t o r al I d e n t i t y C a r d v i d e No. DSK9901810, issued by Election Commission of India.

Further, I state that my name is mentioned as ' ∂ ¸ ´ © ∂ o ' i n m y F a m i l y R a t i o n C a r d v i d e No. 149715, issued by Department of Civil Supplies and Consumer Affairs, Government of Puducherry.

Further, I declare that the abovesaid names viz., 'S Ashrafali', 'Ashrafali', 'Asharaf', 'Asraf Ali' and '∂¸´© ∂o' are denoting one and the same person i.e., myself only.

I submit to state that I undertake unequivocal responsibility for any of the information mentioned above found to be untrue.

Solemnly and sincerely affirmed, and signed before the Notary Public at Puducherry, on this 30th day of March 2023.

————

AFFIDAVIT

I, Porchezhian, son of Parcunan, Hindu, aged 36 years and residing at No. 2, Devaneyan Street, Packamudayanpet, Puducherry-605 008, do hereby solemnly affirm and state on oath as follows:

That I am the deponent herein and I am well known all the entire facts of the affidavit.

I submit that I was born on 15-01-1986 at Puducherry under the legal wedlock of Dayalane and Parvathi viz., in my Birth Certificate, in my PAN Card, my name is mentioned as 'Porchezhian' son of Dayalane and in my Secondary School Leaving Certificate, Higher Secondary Course Certificate, Bachelor's Degree and Master's Degree, my name is mentioned as 'Porchezhian.D'.

Further, I submit that I was adopted by Parcunan and Pushpagandhi on 31-12-2001 as per the Hindu customs and the adoption was duly registered before the Office of Sub-Registrar, Oulgaret, Puducherry vide Document No.7/2022 on 07-01-2022. And then I became a son of Parcunan and Pushpagandhi, and in my Aadhaar Card, and in the Legal Heir Certificate of Parcunan, my name is mentioned as 'Porchezhian' son of Parcunan and in the Family Ration Card, my name is mentioned as 'ÿ✓VuÿƒaB['.

Further, I submit that the names viz., 'Porchezhian Dayalane', 'Porchezhian.D', 'Porchezhian Parcunan' and 'ÿ✓VuÿƒaB[' are referring one and the same person, that is myself.

Hence, I made this affidavit for declaration of identity of my names and hereinafter, I will be called only as 'Porchezhian Parcunan'.

322 LA GAZETTE DE L'ETAT [11 April 2023

I sworn in to state that what are all stated here is true and that I have not suppressed any fact for the purpose of this affidavit. I undertake to face any legal consequence in the event of the facts stated herein proved to be false.

Solemnly affirmed and signed before the Notary Public at Puducherry, on this 20th day of March 2023.

562287 PORCHEZHIAN.

————

AFFIDAVIT

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 hereafter, I shall be known and identified only by the name with spelling as 'S.Palani' '(E.✓wM)' 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 affirmed and signed before the Notary Public at Puducherry, on this 05th day of April 2023.

S. PAJANY.

562289

I, Pajany, son of Sivapregassame, Indian inhabitant, aged 59 years and residing at the house bearing Door No. 13, Victoria Nagar Extension, Ellaipillaichavady, Puducherry-605 005, 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.243 of the year 1963 and in the Marriage Certificate, under Registration No.96/1996, with Ariyankuppam Commune Panchayat, Puducherry, my name has been mentioned as 'Pajany'. I n m y E l e c t o r 's P h o t o Identity Card, under No. KVY0521500 and in my Aadhaar Card, under No. XXXX XXXX1347, my name has been mentioned as 'Palani' '(✓wM)'.

In the PAN Card, issued by Income-tax Department, Government of India under No. BKPPP2615C, my name has been mentioned as 'Palani'.

In the Identity Card, under Sl.No. 7281, issued by the Police Department, Government of Puducherry and in the Bio-Data submitted for employment, my name has been mentioned as 'S.Palani'.

In my Passbook of State Bank of India, Main Branch, Puducherry, my name has been mentioned as 'Palani.S'.

In the particulars of family members in the Family Ration Card under No. 161231, my name has been mentioned as '✓wM'.

————

AFFIDAVIT

I, Bhavana, son of Balakrishnan, aged 30 years, residing at No. 30/1, Keezhaveli Mettu Street, Karaikal, do hereby solemnly and sincerely affirm state on oath as follows:

That my name has been recorded as 'Bhavana' in all my certificates and relevant documents, etc. Currently, all the records, my name has been mentioned as 'Bhavana'. That I shall at all times hereafter in all dealings and proceedings I shall sign and use 'Bhavanan' as my name thereby substitution my former name.

I do state that the names mentioned in the abovesaid certificates are referring and denoting one and same person that is myself only.

Further, I state and declare that I intent to change my name as 'Bhavanan (✓Vk™[)' as per sentimental as numerological reasons.í

Further, I declare that hereafter, I will be known and called only by the name 'Bhavanan (✓Vk™[)' .

Solemnly affirmed and signed before the Notary Public at Karaikal, on this 16th day of March 2023.

ACK. NO. 003 B. BHAVANA.

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.