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CONTENTS

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852

Sentence arbitral du Travail

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Award of the Labour Court .. 852

de Tribunal.

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854

Notifications du Gouvernement .. 854

Government Notifications

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Avis d’ appel d’ offres

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Tender Notices

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860

Etablissements dangereux

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Dangerous Establishments

860

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Annonces

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Announcements

862

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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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No.

Poudouchéry

Mardi

Décembre

2023 (21 Agrahayana 1945)

No.

Puducherry

Tuesday

12th

December

2023

852

LA GAZETTE DE L’ETAT

[12 December 2023

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 102/AIL/Lab./T/2023,

Puducherry, dated 1st December 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 02/2018, dated

10-07-2023 of the Industrial Tribunal, Puducherry,

in respect of the dispute between Mahatma Gandhi

Maruthuvakalloori and Aaraitchi Niruvana Oppantha

Thozhilalargal Vazhvurimai Sangam, Puducherry, against

the Management of M/s. Mahatma Gandhi Medical

College and Research Institute, Pillaiyarkuppam,

Puducherry and IG Enterprises, Puducherry, over charter

of demands 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)

P. RAGINI,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL -CUM-

LABOUR COURT AT PUDUCHERRY

Present :Tmt. G.T. AMBIKA, M.L., PGDCLCF.,

Presiding Officer.

Monday, the 10th day of July, 2023.

I.D. (T). No. 02/2018

CNR. No. PYPY06-000004-2018

The President/Secretary,

Mahatma Gandhi Maruthuvakalloori

Mattrum Aaraitchi Niruvana Oppantha

Thozhilalargal Vazhvurimai Sangam,

Puducherry.

No. 87, 4th Cross Street,

Moogambigai Nagar,

Reddiyarpalayam, Puducherry.

. . Petitioner

Versus

The General Manager,

M/s. Mahatma Gandhi Medical College and

Research Institute,

Pillaiyarkuppam, Puducherry.

The General Manager,

M/s. IG Enterprises,

No. 93, Point Care Street,

Nellithope, Puducherry.

. . Respondents

This Industrial Dispute coming on this day before

me for final hearing in the presence of Thiruvalargal

P.R. Thiruneelakandan and A. Mithun Chakravarthy,

Counsels, for the Petitioner, Thiruvalargal L. Sathish,

S. Ulaganathan, T. Pravin, S. Velmurugan, V. Veeraragavan

and E. Karthik, Counsels, for the 1st Respondent,

Thiruvalargal K. Velmurugan and P. Preethi, Counsels

for the 2nd Respondent, upon perusing the case

records, after having stood over till this day, this Court

delivered the following:-

ORDER

This Industrial Dispute arises out of the reference

made by the Government of Puducherry vide G.O. Rt.

No. 180/AIL/LAB/T/2017, dated 27-11-2017 of the

Labour Department, Puducherry, to resolve the

following dispute between the Petitioner and the

Respondents, viz.,

(a) Whether the dispute raised by the Petitioner

Mahatma Gandhi Maruthuvakalloori Mattrum

Aaraitchi Niruvana Oppantha Thozhilalargal

Vazhvurimai Sangam, Puducherry, No. 87, 4th Cross

Street, Moogambigai Nagar, Reddiyarpalayam,

Puducherry, against the Management of M/s. Mahatma

Gandhi Medical College and Research Institute,

Puducherry and M/s. IG Enterprises, Puducherry,

over charter of demands and reinstatement of

suspended/terminated employees, is justified or not?

If justified, what is the relief entitled to?

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

of money if, it can be so computed?

2. Today when the case came up for enquiry, Counsel

for Petitioner present and represented no instruction.

Petitioner not present. Inspite of several adjournments

and posting this case as last chance otherwise further

orders will be passed. Hence, this Court is inclined to

close this reference. In the result, this reference is

closed for non-prosecution.

Written and pronounced by me in open Court on this

the 10th day of July, 2023.

G.T. AMBIKA,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

853

12 December 2023]

LA GAZETTE DE L’ETAT

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 103/AIL/Lab./T/2023,

Puducherry, dated 1st December 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 18/2020, dated

06-07-2023 of the Labour Court, Puducherry, in respect

of dispute between M/s. The Pondicherry Co-operative

Milk Producers’ Union Limited, No. P. 1, Kurumampet,

Puducherry and NRTUC, Thilarshpet, Puducherry, over

promotion to the post of Operator for Thiru T.

Ambalatharasu, Dairy Helper Grade-I 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)

P. RAGINI,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL -CUM-

LABOUR COURT AT PUDUCHERRY

Present :Tmt. G.T. AMBIKA, M.L., PGDCLCF,

Presiding Officer.

Thursday, the 6th day of July 2023.

I.D. (L) No. 18/2020

CNR. No. PYPY06-000051-2020

T. Ambalatharasu,

Dairy Helper Grade -I,

The Pondicherry Co-opeative Milk

Producers’ Union Limited,

Vazhudavoor Road,

Kurumampet, Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. The Pondicherry Co-operative Milk

Producers’ Union Limited,

Vazhudavoor Road,

Kurumampet, Puducherry.

S. Rasu

R. Janarthanan

J. Baskaran

A. Subarayulu

A. Vishnu

R. Vinothkumar

S. Saranraj

M. Arunkumar

10. B. Chandru

. . Respondents

This Industrial Dispute coming on 06-07-2023 before

me for hearing in the presence of Thiruvalargal

M. Veerappan and V.R. Aroumougam, Counsels, for the

Petitioner, Thiruvalargal L. Swaminathan and

I. Ilankumar, Counsels, for the Respondents and the

Respondent remained ex parte, upon hearing the

Petitioner sides, after perusing the case records, after

having stood over till this day, this Court delivered the

following:-

ORDER

This Industrial Dispute arises out of the reference

made by the Government of Puducherry vide G.O. Rt.

No. l05/AIL/Lab./T/2020, dated 14-10-2020 of the Labour

Department, Puducherry to resolve the following

dispute between the Petitioner and the Respondents,

viz.,

(a) Whether the dispute raised by the Petitioner

Union NRTUC, Thilarshpet. Puducherry, against the

Management of M/s. The Pondicherry Co-operative

Milk Producers’ Union Limited, No. P1, Kurumampet,

Puducherry, over promotion to the post of Operator

for Thiru T. Ambalatharasu, Dairy Helper Grade-I is

justified or not? If justified, what relief the Union

workmen are 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 appointed as casual worker on

28-02-2005 and from the inception of joining the

Respondent Management, he was working as Plant

Operator and he possessed requisite qualifications

and experience to hold the post of Operator in the

Respondent Management. The Petitioner was

appointed on regular basis as Dairy Helper in the

year 2011. Since, he possessed requisite qualifications

and experience to hold the post of operator in the

Respondent Management, he raised objection for

being appointed as Dairy Helper and made

representations to the Respondent Management to

appoint him as Operator instead of appointing him

as Dairy Helper.

854

LA GAZETTE DE L’ETAT

[12 December 2023

(ii) As per the office circular issued by the

Respondent the seniority of the employee was fixed

with the name of the employees and the said

document was also filed along with the claim

statement and it is found the Petitioner is the senior

than other employees namely, the respondents as

stated above.

(iii) Again in the year 2016, instead of giving

opportunity to him and consider him for the post of

Operator the Respondent Management promoted and

appointed some of his juniors working as Dairy

Helper below him as Operators, but, at the same time

again he was promoted and posted as Dairy Helper

Grade-I which is below the rank of Operator post and

also attract lesser Pay Scale and therefore, he

immediately made representations to the Respondent

Management about his promotion at the lower cadre,

but, no action was taken nor justified reason was

explained by the Respondent Management about the

denial of proper post to him.

(iv) As on date of promotion to him as Dairy

Helper in the year 2016, there was at least 11 post of

Operator vacant due to the reason that 11 employees

who were working as Operators were promoted to the

post of Operator Grade-I and out of the said

vacancies, he is entitled to get the post of Operator.

(v) It is clear that the Respondent Management

adopted unfair labour practice as he is the senior

employee in the cadre of Dairy Helper, but, the

Respondent Management promoted the Respondents

Nos. 2 to 9 as per the name cited above as Operators

and it is clear that the Respondent Management has

indeed violated the seniority of the employees for

considering for promotion to the highest post.

(vi) The Petitioner has made several representations

on 08-06-2012, 05-07-2012, 24-09-2012, 24-07-2014,

18-05-2015, 02-03-2026 and on 14-12-2016 to the

Respondent Management to consider his case for

promoting to the post of Operator as his many

juniors were already promoted to the post of

Operator by giving preference to them without

following seniority and choosing the juniors

overlooking his seniority clearly attracted the

violation of service conditions by the Respondent

Management and also comes under the terms of

unfair labour practices adopted by the Respondent

Management.

(vii) The Petitioner has sent several representations

to the Respondent Management, but, the 1st Respondent

failed and neglect to take action on the said petitions.

Hence, the Petition.

3. Notice served to both the Petitioner and

Respondents. Petitioner appeared and engaged an

Advocate to represent him. Though the Respondent has

engaged his Advocate, but, not chosen to file its

counter after sufficient time given by this Court.

Neither Respondent Management appeared nor

represented by its Counsel. Hence, the Respondent

Management was set ex parte on 24-04-2023. Claim

Petition filed by the Petitioner.

4. Respondent remained ex parte as counter not

filed. Proof affidavit of Petitioner filed, he himself

examined as PW1. Ex.P1 to P1 2 were marked.

5. On perusal of case records, it is found that this

reference has been made with regard to the dispute

raised by the Petitioner for promotion to the post of

Operator. The records reveals that the Petitioner has

filed claim statement, but, the Respondent has remained

ex parte. The records further reveals that the Petitioner

was examined in Chief and it is at this stage the Counsel

for Petitioner has filed a letter stating that the

Respondent has decided to give promotion to the

Petitioner and therefore, the Petitioner wants to

withdraw the claim statement. Today the Petitioner

present and endorsed that he is withdrawing the claim

statement. Hence, on recording the above this Court is

inclined to dismiss the claim petition.

In the result, the reference is disposed and the claim

petition is hereby dismissed as withdrawn.

Dictated to the Stenographer, directly typed by

him, corrected and pronounced by me in open Court

on this the 6th day of July, 2023.

G.T. AMBIKA,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

[G.O. Ms. No. 80/DP&AR-SS.II(1),

Puducherry, dated 28th November 2023]

NOTIFICATION

On attaining the age of superannuation, the

following Superintendents shall retire from service with

effect from the afternoon of 30-11-2023.