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SOMMAIRES

CONTENTS

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Page

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852

Sentence arbitral du Travail

.. 852

Award of the Labour Court .. 852

de Tribunal.

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854

Notifications du Gouvernement .. 854

Government Notifications

.. 854

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856

Avis d’ appel d’ offres

.. 856

Tender Notices

.. 856

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860

Etablissements dangereux

.. 860

Dangerous Establishments

860

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862

Annonces

.. 862

Announcements

862

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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2023 }

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12 {

No.

Poudouchéry

Mardi

Décembre

2023 (21 Agrahayana 1945)

No.

Puducherry

Tuesday

12th

December

2023

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.

855

12 December 2023]

LA GAZETTE DE L’ETAT

Sl.

Name of the Superintendent and

No.

Department/Office

(1)

(2)

Tmt./Selvi/Thiru:

1 R. Nandini,

Thiruvalluvar Government Girls’ Higher Secondary

School, Puducherry.

2 R. Suguna,

Government Higher Secondary School,

Thavalakuppam, Puducherry.

3 K. Kalaichelvan,

Department of Agriculture and Farmers Welfare,

Puducherry.

4 G. Muthusamy @ Viswanathan,

Irrigation and Public Health Division,

Public Works Department, Karaikal.

(By order)

V. JAISANKAR,

Under Secretary to Government

(Personnel).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 93/Lab./AIL/T/2023,

Puducherry, dated 29th November 2023)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. Hindustan Unilever Limited, Detergent Factory,

Vadamangalam, Puducherry and Hindustan Unilever

Patali Thozhirsangam, over reinstatement of

Thiru M. Karthikeyan with back wages, continuity of

service and 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.

ANNEXURE

(i) Whether the dispute raised by the Hindustan

Unilever Patali Thozhirsangam, against the management

of M/s. Hindustan Unilever Limited, Detergent Division,

Vadamangalam, Puducherry, over reinstatement of

Thiru M. Karthikeyan along with back wages,

continuity of service and other attendant benefits is

justified or not? If, justified, give appropriate

directions?

(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

(G.O. Rt. No. 94/Lab./AIL/T/2023,

Puducherry, dated 29th November 2023)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. National Oxygen Limited, Thiruvandarkoil,

Puducherry and CITU, over transfer of Tmt. A. Arularasi

from Puducherry to Perunthurai, Erode District, 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

856

LA GAZETTE DE L’ETAT

[12 December 2023

conferred by clause (d) of sub-section (1) of section 10

of the Industrial Disputes Act, 1947 (Central Act XIV

of 1947), it is hereby directed by the Secretary to

Government (Labour) that the said dispute be referred

to the Industrial Tribunal, Puducherry, for adjudication.

The Industrial Tribunal, Puducherry, shall submit the

Award within 3 months from the date of issue of

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

section 10 of the Industrial Disputes Act, 1947 and in

accordance with rule 10-B of the Industrial Disputes

(Central) Rules, 1957. The party raising the dispute shall

file a statement of claim complete with relevant

documents, list of reliance and witnesses to the

Industrial Tribunal, Puducherry, within 15 days of the

receipt of the order of reference and also forward a copy

of such statement to each one of the opposite parties

involved in the dispute.

ANNEXURE

(i) Whether the dispute raised by the CITU,

against the management of M/s. National Oxygen

Limited, Thiruvandarkoil, Puducherry, over transfer

of Tmt. A. Arularasi to Perunthurai, Erode District,

Tamil Nadu, is legal and justified? If justified, to give

appropriate direction to what remedy to be entitled

in this dispute?

(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

CHIEF SECRETARIAT (AGRICULTURE)

(G.O. Ms. No. 19/Ag.,

Puducherry, dated 01st December 2023)

NOTIFICATION

Thiru B. Ramakichenin @ Balagandhi, Director of

Agriculture and Farmers Welfare, Puducherry, is

admitted into retirement on superannuation with effect

from the afternoon of 31-12-2023.

(By order)

SUNDARARAJAN. P.,

Deputy Secretary to Government

(Agriculture).

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

(G.O. Ms. No. 42/2023-LD.,

Puducherry, dated 06th December 2023)

NOTIFICATION

In exercise of the powers conferred by sub-section (8)

of section 24 of the Code of Criminial Procedure, 1973,

the Lieutenant-Governor, Puducherry, is pleased to

appoint Thiru R. Vivekananthan, Advocate, as Special

Public Prosecutor in SC/0000017/2021, in Crime No. 95/2020

on the file of the Hon’ble Court of III-Additional District

Judge at Puducherry.

(By order of the Lieutenant-Governor)

JHANAZ RAFFI @ JHANSI,

Under Secretary to Government (Law).

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE MEDICAL SUPERINTENDENT

ESI HOSPITAL, GORIMEDU, PUDUCHERRY

Puducherry, dated 04th December 2023.

TENDER-CUM-AUCTION NOTICE

Sealed tenders are invited by the undersigned for

sale of unserviceable/obsolete articles (e-waste) items

in a single lot system belonging to this E.S.I. Hospital

in “as-is-where-is” condition.

2. Only Government authorized e-waste Dismantling

Units are eligible to participate in the tenderer. The

intending tenderers may inspect the items in the office

of the undersigned between 10.30 a.m. and 11.30 a.m.

from 11-12-2023 to 18-12-2023 with the prior permission

of the officer concerned. The sale of Tender Form is

issued on payment of ` 100 (Rupees one hundred only)

plus GST as admissible (non-refundable) from 11-12-2023

to 18-12-2023 up to 12.30 p.m.

3. Sealed tenders in the prescribed Tender Form

addressed to the Medical Superintendent, E.S.I. Hospital,

Gorimedu, Puducherry, superscripted as “Tender for

purchase of unserviceable/obsolete articles (e-waste)”

should reach this office on or before 21-12-2023 at 12.00

noon. Each tenderer shall enclose a Demand Draft for

an amount of ` 10,000 (Rupees ten thousand only)

drawn in favour of the Medical Superintendent, E.S.I.

Hospital, Gorimedu, Puducherry, as earnest money deposit.

4. Tenders will be opened on 21-12-2023 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

tenders.