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SOMMAIRES

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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2023 }

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26 {

No.

Poudouchéry

Mardi

Décembre

2023 (5 Pausa 1945)

No.

Puducherry

Tuesday

26th

December

2023

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;

895

26 December 2023]

LA GAZETTE DE L’ETAT

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

List of 41 Retrenched Workmen

Sl.

Name

No.

(1)

(2)

S.Vinayagamurugan, s/o. Subramani.

K.Manimegalai, w/o. Kaliaperumal.

V. Muniyammal, w/o. Venkatessan.

P. Gnanaselvi, w/o. Ramesh.

G. Sengeni, w/o. Ganesan.

E.Prema, w/o. Ezhumalai.

R.Dhanalakshmi, w/o. Ramesh.

V. Mahalakshmi, w/o. Ezhumalai.

E. Mahalakshmi, w/o. Ezhumalai.

A.Thangam, w/o. Arumugam.

K.Sumathi, w/o. Kumar.

S.Revathi, w/o. Sankar.

R.Sarasu, w/o. Ramu.

Porkalai, w/o. Ramadass.

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

S. Sundari, w/o. Seenuvasan.

K. Uma, w/o. Krishnamoorthy.

M.Vanitha, w/o. Murugan.

S.Villiammal, w/o. Somu.

M. Egavalli, w/o. Mahalingam.

E.Saroja, w/o. Ezhumalai.

G.Sathya, w/o. Ganesh.

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

M. Malar, w/o. Mannangatti.

N.Jaya, w/o. Nagalingam.

R. Jaya, w/o. Ramesh.

M.Parimala, w/o. Iyyappan.

S.Bhavani, w/o. Siva.

P. Lakshmi, w/o. Palanisamy.

K.Lakshmi, w/o. Karunamoorthy.

P. Kuppammal, w/o. Padmanaban.

V.Anjalatchi, w/o. Vinayagam.

J.Chitra, w/o. Janarthanan.

G.Chandra, w/o. Gunasekaran.

J. Jayalakshmi, w/o. Jayaraman.

A.Krishnaveni, w/o. Anbazhagan.

K.Kalaiselvi, w/o. Karthikeyan.

S.Valli, w/o. Sathyamoorthy.

A.Anjalai, w/o. Arjunan.

D.Agayavani, w/o. Dharman.

V. Karpagavalli, w/o. Veerappan.

(1)

(2)

896

LA GAZETTE DE L’ETAT

[26 December 2023

GOVERNMENT OF PUDUCHERRY

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

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

(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.

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,

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).

897

26 December 2023]

LA GAZETTE DE L’ETAT

ANNEXURE

Sl. Seniority Name of the

Office in which

Date

Category Whether

Date of

Remarks

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:

212

D. Mahendiran

Office of the Additional

23-03-1963

Promotee

01-12-2018

Retired on

Director of Agriculture,

31-03-2023

Karaikal.

213

S. Kuppusamy

Office of the Additional

04-06-1960

Promotee

28-11-2018

Retired on

Director of Agriculture,

30-06-2020

Karaikal.

214

N. Bhaskaran

Office of the Additional

30-12-1964

Promotee

28-11-2018

—

Director of Agriculture

(T&V), Puducherry.

215

S. Sridhar

Office of the Additional

14-04-1964

Promotee

01-02-2018

—

Director of Agriculture,

Karaikal.

216

V. Pandian

Office of the Additional

30-05-1965 PwBD

Promotee

01-12-2018

—

Director of Agriculture,

Karaikal.

217

P. Govindasamy

Office of the Additional

09-05-1967

Promotee

01-12-2018

—

Director of Agriculture,

Karaikal.

218

A. Carounanidy

Office of the Additional

01-07-1962

Promotee

01-12-2018

Retired on

Director of Agriculture,

30-06-2022

Karaikal.

219

V. Sahadevan

Office of the Additional

01-06-1963

Promotee

01-12-2018

Retired on

Director of Agriculture,

31-05-2023

Karaikal.

220

L. Gunasekaran

Office of the Additional

15-03-1963

Promotee

29-11-2018

Retired on

Director of Agriculture

31-03-2023

(T&V), Puducherry.

221

K.V. Subba Rao Office of the Additional

03-07-1965

Promotee

06-12-2018

—

Director of Agriculture

(T&V), Puducherry.

222

E.V. Sunil Kumar

Office of the Deputy

10-06-1969

Promotee

03-12-2018

—

Director of Agriculture,

Mahe.

898

LA GAZETTE DE L’ETAT

[26 December 2023

223

K.P. Sumesh Babu Office of the Deputy

10-06-1975 PwBD

Promotee

10-12-2018

—

Director of Agriculture,

Mahe.

224

K. Manoj

Office of the Additional

01-06-1972

Promotee

24-12-2018

Expired on

Director of Agriculture

14-06-2021

(T&V), Puducherry.

225

P. Coumarane

Office of the Additional

01-12-1961

Promotee

10-07-2020

Retired on

Director of Agriculture

30-11-2021

(T&V), Puducherry.

226

M. Rajendiran Office of the Additional

04-07-1960

Promotee

10-07-2020

Retired on

Director of Agriculture

31-07-2020

(T&V), Puducherry.

227

S. Mouttayen Office of the Additional

02-04-1962

Promotee

10-07-2020

Retired on

Director of Agriculture

30-04-2022

(T&V), Puducherry.

228

E. Murugan Office of the Additional

01-02-1975

Promotee

10-07-2020

—

Director of Agriculture

(T&V), Puducherry.

229

Ibrahim

Office of the Additional

08-10-1972

Promotee

10-07-2020

—

Khalilulla Khan

Director of Agriculture

(T&V), Puducherry.

230

K. Latchoumanane Office of the Additional

29-12-1970

Promotee

10-07-2020

—

Director of Agriculture

(T&V), Puducherry.

————

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Thiruvalargal:

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF CIVIL SUPPLIES AND

CONSUMER AFFAIRS, PUDUCHERRY

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

NOTIFICATION

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)

D. DAYALANE,

Under Secretary to Government

(Civil Supplies and Consumer Affairs).

GOVERNMENT OF PUDUCHERRY

HEALTH SECRETARIAT

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

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.

(By order)

K. CANDANE @ SIVARADJANE,

Under Secretary to Government

(Health).

899

26 December 2023]

LA GAZETTE DE L’ETAT

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (PERSONNEL WING)

(G.O. Ms. No. 83, Puducherry, dated 18th December 2023)

NOTIFICATION

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

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

Administration on the forenoon of 15-12-2023,

Shri Soma Sekhar Apparao Kotaru, I.A.S., (AGMUT:

2021) is posted as Sub-Collector, Revenue (South),

Puducherry, with immediate effect.

(By order of the Lieutenant-Governor)

RAJEEV VERMA,

Chief Secretary to Government.

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (HOUSING)

(G.O.Ms. No. 18/2023-Hg,

Puducherry, dated 19th December 2023)

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.

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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