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CONTENTS

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Page

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888

Sentence arbitral du Travail

.. 888

Award of the Labour Court .. 888

de Tribunal.

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894

Notifications du Gouvernement .. 894

Government Notifications

.. 894

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899

Etablissements dangereux

.. 899

Dangerous Establishments

..

899

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902

Annonces

.. 902

Announcements

..

902

Amflºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

∂]ÔV´D ÿ√u≈ ÿkπX|

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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26 {

No.

52

Poudouchéry

Mardi

26

Décembre

2023 (5 Pausa 1945)

No.

Puducherry

Tuesday

26th

December

2023

888

LA GAZETTE DE L’ETAT

[26 December 2023

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 104/AIL/Lab./T/2023,

Puducherry, dated 1st December 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 4/2016, dated

18-05-2023 of the Labour Court, Puducherry, in respect

of the industrial dispute between the management of

M/s. MAS Computer Forms, PIPDIC Industrial Estate,

Mettupalayam, Puducherry and Thiru N. Punniyakodi,

over non-employment and other settlement benefits, 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 23-5-1991, 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.

Thursday, the 18th day of May, 2023

I.D. (L) No. 04/2016

CNR. No. PYPY06-000038-2016

N. Punniyakodi,

S/o. Nagappan,

No. 7, Solai Nagar,

Muthialpet,

Puducherry.

. . Petitioner

Versus

The Managing Director,

MAS Computer Forms,

C-91, 16th Cross,

PIPDIC Industrial Estate,

Mettupalayam, Puducherry.

. . Respondent

This Industrial Dispute coming on 16-05-2023 before

me for final hearing in the presence of Thiruvalargal

A. Kanniappan and K. Balaji, Counsels for the Petitioner,

Thiru B. Mohandoss, Counsel for the Respondent, 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. 25/AIL/Lab./T/2016, dated 21-04-2016 of the Labour

Department, Puducherry, to resolve the following

dispute between the Petitioners and the Respondent,

viz.,

(a) Whether the dispute raised by Thiru N. Punniyakodi,

against the Management of M/s. MAS Computer

Forms, PIPDIC Industrial Estate, Mettuapalaym,

Puducherry, over his non-employment and other

settlement benefits are 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 averred

in the petition

(i) The Petitioner was working as Supervisor from

the year 1990 in M/s. Vetri Carbons which is a

manufacture of Carbon Papers. The said company

M/s. Vetri Carbons was later renamed as Ganesh

Carbons, Ganesh Computer Carbons and lastly as

Hayagriv Carbons. The said company M/s. Hayagriv

Carbons was purchased in the year 2002, by the

Respondent Company. The Managing Director of

Respondent Company called the Petitioner and asked

him to continue to work in Hayagriv Carbons and

assured to pay the salary that the Petitioner was

drawing earlier. The Petitioner continued to work as

Supervisor in Hayagriv Carbons. Suddenly in the

month of December 2009, the said Hayagriv Carbons

was closed and the Respondent called the Petitioner

and orally informed him that Petitioner’s service

stand terminated with effect from 31-12-2009. No

reasons for the termination and no notice of

termination to the Petitioner sent Considering his

family situation and having no other option, the

Petitioner gave a resignation letter under coercion,

but, the Petitioner continued to work in the

Respondent Company from 01-01-2010 and collected

the outstanding dues to both Hayagriv Carbons and

MAS Computer Forms company from its customers

such as Girija Enterprices, Sakthi Traders, Sindhu

Agencies, S.S. Computers and Yasmin Traders. The

Respondent paid salary to the Petitioner only till

December 2009.

889

26 December 2023]

LA GAZETTE DE L’ETAT

(ii) In the year 2012, MAS Computer Forms was

closed and the Managing Director of the Respondent

Company paid retrenchment benefits and other

benefits such as Gratuity, Bonus, etc., and retrenched

other employees and co-workers of the Petitioner.

The Respondent assured that he will not terminate

the service of the Petitioner and requested the

Petitioner to look after the collection of outstanding

dues of MAS Computers. Believing his words, the

petitioner continued to work in Respondent Company

and collected the company's outstanding dues till

2013. After collection work was over, when the

Petitioner approached the Respondent for job and

arreras of salary from January 2010. the Respondent

refused to gite any job'and stated that Petitioner

stands terminated from service. The Petitioner is

56 years old and he is unable to secure a job due to

his age. The Petitioner was last drawing a salary of

` 9,500+` 1,850 as House Rent Allowance till

December 2009. The Petitioner gave a Police

complaint dated 07-11-2013 against the Respondent,

but, the Police advised the Petitioner to approach the

Labour

Department

or

Court

and

issued

Non-Cognizance Report dated 13-11-2013.

(iii) The Petitioner gave petition to the Labour

Officer (Conciliation) on 18-12-2013 and 15-07-2014.

But, since the Respondent did not appear before the

Labour Officer, the Conciliation talks failed.

Therefore, the Petitioner prayed that this Court may

be pleased to pass an order directing the Respondent

to reinstate the Petitioner in service with back wages

from January 2010 till date of reinstatement and

directing the Respondent to regularize the services

of the Petitioner. Hence, the petition.

3. The brief averments of the counter filed by the

Respondent is as follows

The business establishment MAS Computer Forms

is only a partnership firm of which Thiru K. Mohan

and Thiru Sengupta are partners and it is not a

private limited company. As such the cause title of

the Respondent restablishment as described by the

Petitioner is wrong and needs rectification. The

Respondent has no knowledge about the “Petitioner’s

working as Supervisor from the year 1990 in M/s. Vetri

Carbons and his subsequent employment under

Ganesh Carbons and Ganesh Carbons as the

Management of the Respondent establishment had

nothing to do with the said establishments. When,

the Petitioner approached the Conciliation Officer

through representation dated 18.02.2013, he stated

that he had been employed in Hayagriv Carbons

from the year 1990 onwards which was an utter lie.

As such the Respondent filed reply version, dated

22-03-2014 to the Conciliation Officer pointing out

that the Industrial undertaking by name Hayagriv

Carbons was started only in the year 1997 (vide

Permanent Registration Certificate No. 590306028

dated 11-12-1998, issued by Director of Industries,

Pondicherry) and the date of commencement of

production of the above industry was 29-12-1997.

When, the above facts were proved by the

Respondent before the Conciliation Officer, the

Petitioner accepted the same. That is why before this

Court, he has not taken the plea that he was

employed in Hayagriv Carbons from the year 1990

onwards.

(ii) The Industrial undertaking by name Hayagriv

Carbons was taken over by the new Management on

16-08-2002 in which Mr. Jayaraman and Mrs. Kalpana

Mohan were partners which was originally conducted

by Mr. Jayaraman alone. As per the records

maintained by the said undertaking, the Petitioner

N. Punniyakodi was employed only from 16-08-2002

onwards upto 31-10-2009. After closure of the

undertaking Hayagriv Carbons, its machineries were

purchased by MAS Computers Forms and only

because of the trade relationship between the

Hayagriv Carbons and MAS Computer Forms, the

Petitioner Punniyakodi was given employment in

MAS Computer Forms from 01-11-2009, on

humanitarian grounds. The Petitioner Punniyakodi

did not come for employment after 31-12-2009 and he

did not submit any leave letter nor did he give any

information to the Respondent Management

regarding his absence subsequently. The Petitioner

submitted letter of resignation dated 13-01-2010

requesting the Management to settle his accounts as

he had to go to his native Village and requested the

Management to settle his accounts by payment of

the amounts due in his account to his wife P. Selvi.

The Petitioner used to collect the dues from the

various customers until he left his employment but

he has not handed over the amounts collected from

the customers to the Respondent.

(iii) The Management is not at fault in termination

of employment, as the Petitioner voluntarily choose

to put an to his employment by submitting his

resignation. The management has paid the arrears of

Wages, Leave Salary and other allowances due to

him. However, his termination benefits could not be

granted on account of his obligation to pay the

amounts due to the company. The Respondent

establishment was closed in the year 2012, but, the

Petitioner has made several mis-statement of facts in

this regard. The Respondent would like to submit

890

LA GAZETTE DE L’ETAT

[26 December 2023

that in accordance with the provisions of the

Industrial Disputes Act, 1947, it issued closure notice

and closed the Industry with effect from 11-06-2012.

It was challenged by the Registered Trade Union,

namely, the Pondicherry Branch of INTUC through

representation dated 19-06-2012. Thereafter the

Conciliation proceedings were initiated by the Labour

Officer (Conciliation) which endered in settlement

under section 12(3) of the ID Act resulting in

Payment of compensation to all the 22 workmen who

were in the payrolls of the Respondent Establishment.

Since, the Petitioner’s service with the Respondent

Establishment came to an end on 31-12-2009 itself by

virtue of his resignation, the notice of closure did

not refer to him. The abovesaid Trade Union did not

include the name of the Petitioner in the list of

employees eligible to get closure compensation. The

Petitioner is estopped from disputing the resignation

letter, he having requested the Respondent to settle

his accounts by paying the same to his wife and it

was acted upon by the Management.

(iv) There is no question of reinstatement of the

Petitioner with back wages as there was no

termination of services of the Petitioner by the

Respondent. Granting of the relief of reinstatement

is not possible as the very establishment is not in

existence, it having been closed in the year 2012

itself. Similarly, the prayer for regularizing the

services of the Petitioner deserves dismissal as a

person can be regularized only in a post which he

holds. Hence, the claim petition is liable to dismissed.

4. The brief averments of the additional counter

filed by the Respondent is as follows

Recently, the Respondent company has some to

know that the Petitioner did not come for employment

from January 2010 onwards only on account of his

active involvement in the business of sale of one time

carbon paper under the name and style of Lakshmi

Hayagriv Carbons. His wife Selvi being its sole

proprietor. The above business place is the same in

which originally establishment Hayagriv Carbons

dealing with one-time carbon paper was ruuntil

31-10-2009. The Petitioner was engaged in the

business activities in connection with Lakshmi

Hayagriv Carbons from the year 2010 onwards. But,

the Petitioner has suppressed the same and has made

a fraudulent claim against the Respondent for

reinstatement with back wages, alleging the

employment under the Respondent until the year

2013. The Respondent would like to point out that

the Petitioner has made a false claim with the ulterior

motive of getting unjust enrichment.

5. Reply Statement filed by the Petitioner side on

11-07-2022.

6. Industrial Dispute was taken on file under the

reference made by the Labour Department, Government

of Puducherry, over non-employment and other

settlement benefits. Both parties appeared in this

industrial dispute. Claim statement filed. Counter also

filed. In enquiry, PW1 was examined in Chief. No

exhibits were marked on the side of the Petitioner. Cross

examined. When, the matter is posted for further

Petitioner side evidence, as he did not produce further

witnesses on his side, it was closed by ihis Court on

11-10-2019. While, the matter was pending for

Respondent side evidence, petition to receive additional

counter filed in I.A. 02/2020 and same was allowed on

11-05-2020. Additional counter received. Reply

statement liied on 11-07-2022. Opportunities for

adducing additional evidence given. On Petitioner side

endorsement made as No additional evidence.

Respondent side evidence closed by this Court on

12-09-2022 as sufficient opportunities given to the

Respondent side. On petition, Respondent side

reopened as per the order passed in LA. 05/2023. RW1

examined. Ex. Rl to R13 marked. RW1 cross partly done.

When, the matter was posted for cross continuation of

RW1, the matter has been settled between the parties

and the Joint Compromise Memo entered between them

and same filed before this Court.

7. Heard both on 11-05-2023. Joint Compromise

Memo filed and submitted by both the Counsels

appearing for the parties of this Industrial Dispute that

Petitioner agreed to receive a sum of ` 60,000 towards

full and final settlement of the claim, payable by the

Respondent in 12 monthly installments of ` 5,000 per

month on or before 15th of every month. In view of the

Joint Compromise Memo and the submissions made by

both the parties and their respective Counsel. Award is

passed to the effect that Industrial Dispute is closed

as settled between the parties as per Joint Compromise

Memo, dated 11-05-2023. The said Joint Compromise

Memo, dated 11-05-2023 entered between the parties

shall form part and parcel of the Award. No costs.

Dictated to the Stenographer, directly typed by him,

corrected and pronounced by me in open Court on this

the 18th day of May, 2023.

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

891

26 December 2023]

LA GAZETTE DE L’ETAT

List of petitioner’s witness:

PW.1 —

07-03-2018

Thiru N. Punniyakodi

List of petitioner’s exhibits : Nil

List of Respondent’s witness:

RW1

— 24-01-2023

Tmt. Bhuvaneswari, Ex.

Executive, H.R., Department

of Respondent Management.

List of Respondent’s Exhibits:

Ex.R1 — 11-12-1998

Photocopy

of

the

Permanent

Registration

Certificate.

Ex.R2 — 11-12-1998

Photocopy of the Certificate

of

Commencement

of]

business in respect of

establishment

Hayagriv

Carbons.

Ex.R3 — 31-12-2002

Photocopy of the Deed of

Partner

between

the

Partners in respect of the

Firm Hayagriv Carbons.

Ex.R4 — 01-08-2003

Photocopy

of

the

Partnership

Retirement

Deed between the Partners

in respect of the Firm

Hayagriv Carbons.

Ex.R5 — —

Photocopy of the ESI

Corporation

declaration

form

relating

to

the

Petitioner showing his date

of appointment in the

Respondent as 01-11-2009.

Ex.R6 — —

Photocopy of the Salary

Statement for the month of

December 2009 in respect of

Employees of the Respondent.

Ex.R7 — 13-01-2010

Photocopy

of

the

Resignation letter submitted

by the Petitioner to the

Respondent.

Ex.R8 —

Photocopy

of

the

Allowance Statement for

the months of December

2009 to January 2010.

Ex.R9 — 13-01-2010

Photocopy of the Cash/

Bank Debit Voucher for

settling Leave Salary of the

Petitioner by the Respondent.

Ex.R10 — 14-08-2009

Photocopy of the Invoice

raised by Hayagriv Carbons

in favour of Mrs. Yasmeen

Traders.

Ex.R11 — —

Photocopy of the TIN

verification in respect of

business

of

Lakshmi

Hayagriv Carbons.

Ex.R12 — —

Photocopy of the letter,

dated 13-01-2014 sent by

the

Labour

Officer

(Conciliation)

to

the

Respondent enclosing copy

of the representation dated

18-12-2013 of Petitioner.

Ex.R13 — 26-04-2014

Photocopy of the reply

submitted

by

the

Respondent to the Labour

Officer (Conciliation).

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 105/AIL/Lab./T/2023,

Puducherry, dated 1st December 2023)

NOTIFICATION

Whereas, an Award in I.D (T) No. 22/2022, dated

15-05-2023 of the Industrial Tribunal, Puducherry, in

respect of Dispute between the “Gencor Pacific Auto

Engineering Thozhilalargal Naam Thamizhar Thozhirsangam”,

against the management of M/s. Gencor Pacific Auto

Engineering Private Limited, Puducherry, over unfair

labour practice to Transfer of Thiru T. Jayakumar 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).

892

LA GAZETTE DE L’ETAT

[26 December 2023

BEFORE THE INDUSTRIAL TRIBUNAL -CUM-

LABOUR COURT AT PUDUCHERRY

Present :Tmt. V. SOFANA DEVI, M.L.,

Presiding Officer.

Monday, the 15th day of May 2023.

I.D. (T) No.22/2022

CNR. No. PYPY06-000044-2022

The President/Secretary,

Gencor Pacific Auto Engineering

Thozhilalargal Naam Thamizhar

Thozhirsangam,

(Reg. No. 1887/RTU/2021),

No. 21, Bank Street, Thirubuvanai,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Gencor Pacific Auto Engineering

Private Limited,

Plot No. A-25, PIPDIC Industrial Estate,

Electronic Park, Thirubuvanai,

Puducherry.

. . Respondent

This Industrial dispute coming on 20-04-2023 before

me for final hearing in the presence of Thiruvalargal

K. Velmurugan and P. Preethi, Counsels for the Petitioner,

Thiruvalargal L. Sathish, T. Pravin, S. Velmurugan,

E. Karthick, S. Sudarsanan and E. Madhivanan, Counsels

for the Respondent, 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. 43/Lab./AIL/T/2022, dated 21-03-2022 of the Labour

Department, Puducherry to resolve the following

dispute between the Petitioner and the Respondent, viz.,

(a) Whether the Dispute raised by the Petitioner’s

Union

“Gencor

Pacific

Auto

Engineering

Thozhilalargal Naam Thamizhar Thozhirsangam”,

against the Management of M/s. Gencor Pacific Auto

Engineering

Private

Limited,

Thirubuvanai,

Puducherry, alleging that the Management has

indulged in unfair labour practice, against the Union

over transfer of Thiru T. Jayakumar, Secretary of the

Union by way of victimization is legal and justified?

If justified, to give appropriate direction to what

remedies to be entitled in this dispute?

(b) Whether the demand of the said Union over

non-recognition of Trade Union by the Management

of M/s. Gencor Pacific Auto Engineering Private

Limited, Puducherry is justified or not? If justified,

to give appropriate direction.

2. Brief facts of the case of the Petitioner averred

in the claim petition:

On 28-12-2009 the Petitioner was appointed as

Operator by the Erstwhile management of

G.J. Engineering. Later the Management of

G.J. Engineering was taken over by the present

Respondent i.e., M/s. Gencor Pacific Auto Engineering

Private Limited and considering the unblemished

services of the Petitioner, the Respondent management

absorbed by the Respondent in its company vide

transfer-cum-revised appointment letter, dated

21-01-2011. The Petitioner along with other workmen

in the factory took initiative to start a Trade Union

during the month of April, 2021 and thereby Trade

Union by name M/s. Gencor Pacific Auto Engineering

Thozhilalargal Naam Thamizhar Thozhir Sangam was

registered before the Registrar of Trade Union,

Puducherry vide Registration No. 1887/RTU/2021.

(ii) The Plant head of the Respondent Factory

started threatening the office bearers and other

members of Petitioner’s Union saying that he will

transfer them to some other unit if they continue the

Trade Union activities any more further. The act of

the Respondent Management in curbing the lawful

trade union activities of the Petitioner Union is

unjustifiable, improper and illegal. An Advocate

notice, dated 10-06-2021 addressed both to the office

of the Labour Commissioner, Puducherry and to the

Plant Head of the Respondent Factory. Subsequently,

the Petitioner Union has given charter of demands

to the Plant Head of the Respondent Factory but he

willfully refused to receive the same. The Petitioner

has sent another Advocate notice, dated 21-06-2021

along with the charter of demands so as to hold

negotiation talks and thereby to arrive an amicable

settlement. The Respondent issued a reply notice,

dated 23-06-2021 with false and frivolous allegations.

The Petitioner Union has also given their

representation, dated 21-06-2021 to the Labour

Officer (Conciliation), Puducherry, raising various

charter of demands and thereby initiated the present

Industrial Dispute.

(iii) Pending Conciliation proceedings, the

Respondent with a mala fide intention and without

any administrative exigencies has issued transfer

order, dated 02-07-2021 to the Petitioner on

05-07-2021 through registered post and ordered the

893

26 December 2023]

LA GAZETTE DE L’ETAT

Petitioner to report to duty at Oragadam Unit,

Chennai from 07-07-2021 onwards without any

breathing time and thereby altered the service

conditions of the Petitioner discarding the provisions

of Industrial Dispute Act.

(iv) The Petitioner has filed Writ Petition before

the Hon’ble High Court of Madras under W.P. No.

16148/2021 against the illegal transfer of the

Respondent Management. The Hon’ble High Court

of Madras on 03-08-2021 has granted interim

injunction till 24-08-2021 against the Respondent

Management from altering the service conditions.

The Hon’ble High Court vide Order, dated 26-08-2021

has held that “if at all the 3rd Respondent/

Management intends to alter the service conditions

of the members of the Petitioner Union, such an

action shall be in accordance with law”.

(v) Meanwhile domestic enquiry proceedings

were conducted from 12-08-2021 onwards. Domestic

enquiry was not conducted in a fair and proper

manner. The Enquiry Officer without proper

appreciation of oral and documentary evidences

let-in by the Petitioner has mechanically submitted

his enquiry report, dated 31-12-2021 to the

Management concluding that most of the charges

against the petitioner were duly proved. The

Respondent Management vide letter, dated 06-01-2022

sought explanation from the Petitioner workman

furnishing a copy of the enquiry report. The Petitioner

has sent letter, dated 10-01-2022 through registered

post to the Plant Head of the Respondent Management

informing him that he has received the letter, dated

06-01-2022 by registered post only on 08-01-2022

alone and his Trade Union advisor was out of station

due to his personal works and hence the Petitioner

sought 15 days time to submit his detailed

explanation.

(vi) The Petitioner Workman has submitted his

explanation letter, dated 20-01-2022 refuting all the

charges levelled against him. The Respondent

Management has issued Dismissal order, dated

22-01-2022, against the Petitioner and thereby

imposed major punishment of Termination of services.

The Petitioner Union has raised the present

Industrial Dispute before the Labour Officer

(Conciliation) Puducherry, over illegal transfer of the

Petitioner Workman by the Respondent Management.

The Labour Officer (Conciliation) submitted his

failure report on 03-02-2022, following which the

Government of Puducherry, through the Labour

Department has made the reference of the dispute.

Hence, the petition.

3. The brief averments of the counter filed by the

Respondent is as follows:

Law thus, clearly mandates a trade union to have

atleast 10% of total strength of workers engaged in

any establishment or industry as its members for it

to function as Trade Union and when the Trade

Union looses such requisite numbers, its registration

is required to be cancelled under section 10(c) of

Trade Unions Act. Petitioner does not represent even

two or three workers of Respondent and hence, it has

no locus to seek recognition. Respondent has

already initiated steps for cancellation or registration

of Petitioner vide its letter, dated 13-11-2021.

(ii) The Petitioner doesn’t have the locus standi

to continue functioning as a Trade Union for it to

raise any industrial dispute. Petitioner in its claim

petition has not even pleaded the dates on which it

sought management's recognition and the date when

Respondent denied it. For an industrial dispute to be

referred to this Court for adjudication, there must

have been a demand made by the Union and it must

have been, denied by.the Respondent Management.

(iii) First of all, the allegation of unfair labour

practice cannot be raised as an industrial dispute for

adjudication before this Court. That there was

absolutely no mala fide intention on the part of the

Respondent in transferring Mr. Jayakumar to its Unit

No.1 to Oragadam, Chennai. It is true that Petitioner

Union got itself registered on 24.05.2021. However,

the intimation about formation of the trade union was

never given by the Petitioner directly. It received

such intimation only in July 2021 when the

Respondent received the original registration

certificate from the Labour Department and a notice

from Petitioner’s Advocate, dated 21-06-2021. Charter

of demands, demanding wage revision and other

benefits, even without holding the bare minimum

representative capacity and that too at a time when

the entire world was grappling with Covid and

Nationwide lockdown. The Petitioner also issued a

legal notice, filed writ petition and created all possible

troubles to the respondent to ensure that

Respondent factory do not function smoothly.

(iv) The transfer of T. Jayakumar has absolutely

no links or connection with the formation of Union

or any of the disputes raised by its Office bearers.

The transfer was purely innocuous for administrative

reasons and it was well within the powers of the

Respondent to transfer T. Jayakumar. He was in fact

transferred only because his service were required

at Oragadam unit of the Respondent. The transfer

was purely for administrative reasons and in terms

of contract of employment between Respondent and

T. Jayakumar.

894

LA GAZETTE DE L’ETAT

[26 December 2023

( v ) C l a u s e 1 o f t e r m s a n d c o n d i t i o n o f

Mr. Jayakumar’s letter of appointment, dated

21-01-2011 as “Your (Petitioner) initial place of work

will be at our factory at PIPDIC Industrial Estate,

Thirubuvanai, Puducherry. However, the Management

of the company reserved its right to transfer or

depute you to any of its branches or factories or its

group companies in India or abroad at its sole

discretion and at its own terms irrespective of them

existing on the date of your appointment or not or

established thereafter. You may be given adequate

notice and helped to transit depending upon the

needs and demands of the circumstances”.

(vi) Mr. T. Jayakumar, who is an education youth

and who have previously worked in another

organization had read the entire offer of engagement,

understood scope of his employment, accepted the

same without demur or reservation by signing the

appointment order. Thus, the Petitioner was fully

aware that his job is transferable depending upon the

requirements of other units of Respondent. Therefore

there was absolutely no ill will or ill intentions in

transferring the Petitioner T. Jayakumar. Transfer is

an incident of service and the Petitioner is liable to

serve at all such places where the Respondent needs

his services and merely because Petitioner union had

raised a charter of demand and Mr. T. Jayakumar

happened to be a Secretary of the Union, it does not

proscribes the Respondent from transferring him as

per the terms of employment, especially, when his

presence was required at that point of time.

(vii) There is absolutely no mala fides in transfer

of Mr. T. Jayakumar as it has been done only in terms

of contract of employment with the Petitioner. The

contention of Petitioner that Mr. Jayakumar was

thereafter dismissed from service after a full fledged

domestic enquiry for his failure to receive the

transfer order and reporting to duty at the place of

transfer is not only false but totally irrelevant for the

purpose of this dispute. Hence, the claim petition is

liable to dismissed.

2. Notice served to both parties. Petitioner and

Respondent appeared through their Counsel. Claim

Statement filed. Counter also filed. The matter has been

posted to 09-05-2023 for enquiry. On 03-05-2023 an

application to advance the hearing filed by the

Respondent Counsel. The said application allowed on

04-05-2023 as there was no objection on the Petitioner

side. Hence, hearing was advanced to 04-05-2023 from

09-05-2023.

3. On 04-05-2023, both parties present with their

respective Counsel. Memo filed by the Petitioner to

record the settlement under section 18(1) of the ID Act.

The said Settlement also enclosed along with hearing

advance petition. Heard both on the settlement. Copies

of the Identity proof filed by the parties. In the memo

filed by the Petitioner requested for close the Industrial

Dispute as settled out of Court. In which notice has

given to the Respondent. In the said notice the

Respondent Counsel submitted as the matter is

comprehensively settled. Reference cannot be closed

and requested to pass an Award in terms of under

section 18(1) Settlement. Matter is posted on 10-05-2023

for hearing both the Counsel.

4. Heard both on 10-05-2023. In view of the memo

and the settlement ended between the parties under

section 18(1) of Industrial Disputes Act, Award is

passed to the effect that Industrial Dispute is closed

as settled between the parties under section 18(1) of

Industrial Disputes Act. The Settlement, dated

02-05-2023 entered between the parties under section

18(1) of the Industrial Disputes Act, 1947 shall form part

and parcel of the Award. No costs.

Dictated to the Stenographer, directly typed by him,

corrected and pronounced by me in open Court on this

the 15th day of May, 2023.

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness: NIL

List of petitioner’s exhibits: NIL

List of respondent’s witnesses: Nil

List of respondent’s exhibits: Nil

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 97/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. Ravikumar Distilleries Limited, Katterikuppam,

Puducherry and All India United Trade Union Centre,

over payment of Bonus for the year 2019-20 to

Thiruvalargal S.Vinayagamurugan and 40 other Workmen

in respect of the matter mentioned in the Annexure to

this order;