Puducherry Gazette, No. 52, 26 December 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. 52 Poudouchéry Mardi 26 Décembre 2023 (5 Pausa 1945)

No. Puducherry Tuesday 26th December 2023

ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS

Page ✓¬ÔD Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 888 Sentence arbitral du Travail .. 888 Award of the Labour Court .. 888

de Tribunal.

∂´∑ ∂§s¬ÁÔÔ^ .. 894 Notifications du Gouvernement .. 894 Government Notifications .. 894 g✓›>V™ WÆk™∫Ô^ .. 899 Etablissements dangereux .. 899 Dangerous Establishments .. 899

.. 902 Announcements .. 902 ƒVu≈§¬ÁÔÔ^ .. 902 Annonces

[887]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".

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

(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.

List of respondent's witnesses: Nil

List of respondent's exhibits: Nil

(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.

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)

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.

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;

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 (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 Petitioner's Union All India United Trade Union Centre against the management of M/s. Ravikumar Distilleries Limited, Katterikuppam, Puducherry, over payment of Bonus @ ` 15,000 for the year 2019-2020 to Thiruvalargal S.Vinayagamurugan and 40 other Workmen (as mentioned in the Annexure) is legal and justified? 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).

ANNEXURE

(1)

(2)

4 P. Gnanaselvi, w/o. Ramesh.

5 G. Sengeni, w/o. Ganesan.

6 E.Prema, w/o. Ezhumalai.

7 R.Dhanalakshmi, w/o. Ramesh.

8 V. Mahalakshmi, w/o. Ezhumalai.

9 E. Mahalakshmi, w/o. Ezhumalai.

10 A.Thangam, w/o. Arumugam.

11 K.Sumathi, w/o. Kumar.

12 S.Revathi, w/o. Sankar.

13 R.Sarasu, w/o. Ramu.

14 Porkalai, w/o. Ramadass.

15 P. Sangeetha @ Manimegalai, w/o. Palanisamy.

16 S. Sundari, w/o. Seenuvasan.

17 K. Uma, w/o. Krishnamoorthy.

18 M.Vanitha, w/o. Murugan.

19 S.Villiammal, w/o. Somu.

20 M. Egavalli, w/o. Mahalingam.

21 E.Saroja, w/o. Ezhumalai.

22 G.Sathya, w/o. Ganesh.

23 K. Davamani @ Kanniammal, w/o. Kaali.

24 M. Malar, w/o. Mannangatti.

25 N.Jaya, w/o. Nagalingam.

26 R. Jaya, w/o. Ramesh.

27 M.Parimala, w/o. Iyyappan.

28 S.Bhavani, w/o. Siva.

29 P. Lakshmi, w/o. Palanisamy.

30 K.Lakshmi, w/o. Karunamoorthy.

31 P. Kuppammal, w/o. Padmanaban.

32 V.Anjalatchi, w/o. Vinayagam.

33 J.Chitra, w/o. Janarthanan.

34 G.Chandra, w/o. Gunasekaran.

List of 41 Retrenched Workmen

Sl. Name No.

(1)

(2)

1 S.Vinayagamurugan, s/o. Subramani.

2 K.Manimegalai, w/o. Kaliaperumal.

3 V. Muniyammal, w/o. Venkatessan.

35 J. Jayalakshmi, w/o. Jayaraman.

36 A.Krishnaveni, w/o. Anbazhagan.

37 K.Kalaiselvi, w/o. Karthikeyan.

38 S.Valli, w/o. Sathyamoorthy.

39 A.Anjalai, w/o. Arjunan.

40 D.Agayavani, w/o. Dharman.

41 V. Karpagavalli, w/o. Veerappan.

GOVERNMENT OF PUDUCHERRY rule 10-B of the Industrial Disputes (Central) Rules, 1957. The party raising the dispute shall file a statement LABOUR DEPARTMENT

(G.O. Rt. No. 98/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 (AIUTUC), over non-employment of Thiru S. Vinayagamurugan, 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 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

(a) Whether the claim of the Management for strict compliance of section 36 of Industrial Dispute Act, 1947 is justified or not?

(b) If so, whether All India United Trade Union Centre (AIUTUC) is having right to raise the dispute.

(c) Whether, the dispute raised by the petitioners Union, All India United Trade Union Centre (AIUTUC), against the management of M/s. Ravikumar Distilleries Limited, Katterikuppam, Puducherry, over reinstatement of Thiru S. Vinayagamurugan along with back wages, continuity of service and all other attendant benefits is justified or not? If justified, what relief he is entitled to?

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

(By order)

P. RAGINI,

stipulated under sub-section (2-A) of section 10 of the Industrial Disputes Act, 1947 and in accordance with

————

Under Secretary to Government (Labour).

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF AGRICULTURE AND FARMERS WELFARE

No. 4203/Ag./Estt./A1/2023/70/2429.

Puducherry, dated 11th December 2023.

NOTIFICATION

In continuation to the Final Seniority list of Fieldmen, issued vide this Department's Notification No. 4203/ Ag./Estt./A1/2016, dated 17-11-2017, the Tentative Seniority of the 19 Fieldmen of this Department who were subsequently appointed to the Post during the year 2018 to 2020 was circulated to all concerned calling for objections, if any, to the Seniority proposed to be assigned to them vide this Department's Memorandum No. 4203/Ag./Estt./ A1/2002/63, dated 26-10-2023.

2. As no objections were received, the Final Seniority of Fieldmen shall be as indicated in the Annexure to this Notification.

(By order)

P.S. RAVICHANDRAN,

Deputy Director (Administration).

ANNEXURE

Sl. Seniority Name of the Office in which Date Category Whether Date of Remarks No. No. Fieldman working/worked of birth promotee/ regular/

direct notinal

recruit appointment

in the grade (1) (2) (3) (4) (5) (6) (7) (8) (9) Thiruvalargal:

1 212 D. Mahendiran Office of the Additional 23-03-1963 UR Promotee 01-12-2018 Retired on Director of Agriculture,

31-03-2023 Karaikal.

2 213 S. Kuppusamy Office of the Additional 04-06-1960 UR Promotee 28-11-2018 Retired on Director of Agriculture,

30-06-2020 Karaikal.

3 214 N. Bhaskaran Office of the Additional 30-12-1964 UR Promotee 28-11-2018 —

Director of Agriculture

(T&V), Puducherry.

4 215 S. Sridhar Office of the Additional 14-04-1964 UR Promotee 01-02-2018 —

Director of Agriculture,

Karaikal.

5 216 V. Pandian Office of the Additional 30-05-1965 PwBD Promotee 01-12-2018 —

Director of Agriculture,

Karaikal.

6 217 P. Govindasamy Office of the Additional 09-05-1967 UR Promotee 01-12-2018 —

Director of Agriculture,

Karaikal.

7 218 A. Carounanidy Office of the Additional 01-07-1962 UR Promotee 01-12-2018 Retired on Director of Agriculture,

30-06-2022 Karaikal.

8 219 V. Sahadevan Office of the Additional 01-06-1963 UR Promotee 01-12-2018 Retired on Director of Agriculture,

31-05-2023 Karaikal.

9 220 L. Gunasekaran Office of the Additional 15-03-1963 UR Promotee 29-11-2018 Retired on Director of Agriculture

31-03-2023 (T&V), Puducherry.

10 221 K.V. Subba Rao Office of the Additional 03-07-1965 UR Promotee 06-12-2018 —

Director of Agriculture

(T&V), Puducherry.

11 222 E.V. Sunil Kumar Office of the Deputy 10-06-1969 UR Promotee 03-12-2018 —

Director of Agriculture,

Mahe.

(1) (2) (3) (4) (5) (6) (7) (8) (9) Thiruvalargal:

12 223 K.P. Sumesh Babu Office of the Deputy 10-06-1975 PwBD Promotee 10-12-2018 —

Director of Agriculture, Mahe.

13 224 K. Manoj Office of the Additional 01-06-1972 UR Promotee 24-12-2018 Expired on

14-06-2021 Director of Agriculture (T&V), Puducherry.

14 225 P. Coumarane Office of the Additional 01-12-1961 UR Promotee 10-07-2020 Retired on

30-11-2021 Director of Agriculture (T&V), Puducherry.

15 226 M. Rajendiran Office of the Additional 04-07-1960 UR Promotee 10-07-2020 Retired on

31-07-2020 Director of Agriculture (T&V), Puducherry.

16 227 S. Mouttayen Office of the Additional 02-04-1962 UR Promotee 10-07-2020 Retired on

30-04-2022 Director of Agriculture (T&V), Puducherry.

17 228 E. Murugan Office of the Additional 01-02-1975 UR Promotee 10-07-2020 —

Director of Agriculture (T&V), Puducherry.

18 229 Ibrahim Office of the Additional 08-10-1972 UR Promotee 10-07-2020 —

Khalilulla Khan Director of Agriculture

(T&V), Puducherry.

19 230 K. Latchoumanane Office of the Additional 29-12-1970 UR Promotee 10-07-2020 —

Director of Agriculture (T&V), Puducherry.

————

GOVERNMENT OF PUDUCHERRY GOVERNMENT OF PUDUCHERRY

HEALTH SECRETARIAT

DEPARTMENT OF CIVIL SUPPLIES AND

CONSUMER AFFAIRS, PUDUCHERRY

(G.O. Ms. No. 63, Puducherry, dated 18th December 2023)

(G.O. Ms. No. 07, Puducherry, dated 13th December 2023)

NOTIFICATION

NOTIFICATION

On attaining the age of superannuation of 65 years,

Dr. D. Reddappa, Senior Chief Medical Officer, Indira

Gandhi Government General Hospital and Postgraduate

Institute, Puducherry, is admitted into retirement with

effect from the afternoon of 31-12-2023.

The resignation tendered by Hon'ble Mr. Justice R. Pongiappan (Retd.), President, State Consumer Disputes Redressal Commission, Puducherry vide Letter No. 332/SCDRC/2023, dated 24-11-2023, is hereby accepted by the Lieutenant-Governor, Puducherry and accordingly, Hon'ble Mr. Justice R. Pongiappan (Retd.) is relieved of his duties, with immediate effect.

(By order)

(By order)

K. CANDANE @ SIVARADJANE,

Under Secretary to Government

(Health).

D. DAYALANE, Under Secretary to Government (Civil Supplies and Consumer Affairs).

GOVERNMENT OF PUDUCHERRY Shri Soma Sekhar Apparao Kotaru, I.A.S., (AGMUT: 2021) is posted as Sub-Collector, Revenue (South), Puducherry, with immediate effect.

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(By order of the Lieutenant-Governor) (G.O. Ms. No. 83, Puducherry, dated 18th December 2023)

NOTIFICATION

RAJEEV VERMA, Chief Secretary to Government.

————

GOVERNMENT OF PUDUCHERRY CHIEF SECRETARIAT (HOUSING) (G.O.Ms. No. 18/2023-Hg, Puducherry, dated 19th December 2023) In pursuance of the Office Order (VII) No. 46011-l-2019- IFS-I (AGMUT) (Part-I), dated 04-12-2023 of the Ministry of Environment, Forests and Climate Change, New Delhi, Shri G. Sathiyamoorthy, I.F.S. (AGMU:2010), Deputy Conservator of Forests, Puducherry, officiating as Project Director, DRDA, Puducherry, is relieved from this Administration with immediate effect to take up his new assignment in the Andaman and Nicobar Islands Administration.

(By order of the Lieutenant-Governor)

RAJEEV VERMA, Chief Secretary to Government.

————

GOVERNMENT OF PUDUCHERRY

NOTIFICATION

In exercise of the powers conferred under rule 11 of Criminal Civil Service (CCA) Rules, 1965, the Disciplinary Authority imposed the major penalty of 'Compulsory Retirement' on Thiru D. Rajendran, Junior Town Planner (under suspension), Town and Country Planning Department, Karaikal, with immediate effect, vide Order No. C.13012/8/2017-C.V.O./3739, dated 24-11-2023 of the Chief Vigilance Office, Confidential and Cabinet Department, Puducherry.

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G.O. Ms. No. 84,

Puducherry, dated 18th December 2023)

NOTIFICATION

In pursuance of the Order No. 14016/12/2022. UTS-I, dated 20-11-2023 of the Ministry of Home Affairs, New Delhi and on having reported for duty in this A d m i n i s t r a t i o n o n t h e f o r e n o o n o f 15-12-2023, 2. Accordingly, Thiru D. Rajendran, Junior Town Planner (under suspension), Town and Country Planning Department, Karaikal, is imposed with major penalty of 'Compulsory Retirement' with effect from the afternoon of 24-11-2023.

(By order)

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

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