[25]

ÿ√VÚ·¶¬ÔD

SOMMAIRES

CONTENTS

√¬ÔD

Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ ..

Sentence arbitral du Travail

Award of the Labour Court ..

de Tribunal.

∂´∑ ∂§s¬ÁÔÔ^

Notifications du Gouvernement ..

Government Notifications

Œ©√ ∂§s©AÔ^

Avis d’ appel d’ offres

Tender Notices

ƒVu≈§¬ÁÔÔ^

Annonces

Announcements

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

®ı

Amﬂºƒˆ

ÿƒÀkVF¬˛wÁ\

2024 }

ƒ™kˆ |

9 {

No.

Poudouchéry

Mardi

Janvier

2024 (19 Pausa 1945)

No.

Puducherry

Tuesday

9th

January

2024

Registered with the Registrar

of Newspapers for India

under No. 10410

LA GAZETTE DE L’ETAT

[9 January 2024

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 110/AIL/Lab./S/2023,

Puducherry, dated 5th November 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 32/2022, dated

03-05-2023 of the Labour Court, Puducherry, in respect

of Dispute between the M/s. Gencor Pacific Auto

Engineering Private, Limited, Puducherry and the

petitioner Thiru V. Ravindar, over his non-employment

with all attendant 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.

Wednesday, the 03rd day of May, 2023.

I.D. (T). No. 32/2022

CNR. No. PYPY06-000098-2022

V. Ravindar,

S/o. Vadamadurai,

No. 9/807, Mariamman Koil Street,

Pannakuppam,

Kandamangalam,

Villupuram District.

. . 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 03-05-2023 before

me for final hearing in the presence of Thiruvalargal

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

Thiruvalargal L. Sathish, S. Velmurugan, E. Karthik,

S. Sudarsanan and E. Madhivanan, Counsels for the

Respondent, and .perusing the. case records, 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. 151/Lab./AIL/T/2022, dated 19-09-2022 of the Labour

Department, Puducherry, to resolve trie following

dispute between the Petitioner and the Respondent, viz.,

(a) Whether the dispute raised by the Petitioner

Thiru V. Ravindar against the Management of

M/s. Gercor Pacific Auto Engineering Private Limited,

Thirubuvanai, Puducherry, over bis non-employment

is justified or not? If justified, what relief he is

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 counter, memo

filed by the Respondent Counsels stating that pending

ID, parties entered into 18(1) settlement, and enclosed

the same before this Court. Both parties present with

their Counsels. Heard. Perused. Satisfied. In view of

the 18(1) settlement entered between the parties, dated

02-05-2023, and in view of the memo, this ID is closed

as settled under section 18(1) settlement. No costs.

Written and pronounced by me in open Court on this

the 3rd day of May, 2023.

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 111/AIL/Lab./T/2023,

Puducherry, dated 5th December 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 36/2022, dated

12-05-2023 of the Industrial Tribunal, Puducherry, in

respect of Dispute between M/s. ATC Chemicals India

Private Limited, Puducherry and All India United Trade

Union Centre (AIUTUC), over payment of Bonus @

` 15,000 for the year 2021 has been received;

9 January 2024]

LA GAZETTE DE L’ETAT

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. V. SOFANA DEVI, M.L.,

Presiding Officer.

Friday, the 12th day of May, 2023.

I.D. (T). No. 36/2022

CNR. No. PYPY06-000076-2022

The President/Secretary,

All India United Trade Union Centre

(A1UTUC),

No. 117, 1st Floor, Cuddalore Road,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. ATC Chemicals India Private Limited,

RS. No. 14/4-15/10-B,

Kaviarasan Road, Sedarapet,

Puducherry.

. . Respondent

This Industrial Dispute coming on 09-05-2023 before

me for final hearing in the presence of Thiru

S. Sivakumar, Secretary of the Petitioner Union, Thiru

G. Krishnan, Counsel for the Respondent, Respondent

remained ex parte and after hearing the Petitioner side

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. l20/Lab./AIL/T/2022, dated 29-07-2022 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, All India United Trade Union Centre against

the Management of M/s. ATC Chemicals India Private

Limited, Puducherry, over payment of one month

salary @ ` 15,000 as Bonus to 11 workers viz.,

(1) Prasanta Behra, (2) Nabin Parida, (3) Balaram Das,

(4) Bhimasen Das, (5) Sanjaykumar Das, (6) Kamalesh

Sharma, (7) Sonukumar, (8) Durgakumar, (9) Rajesh,

(10) Rabindra Das and (11) Pramodkumar Sha and

partial bonus to 9 workers viz., (1) Akshay Pradhan,

(2) Anil Sharma, (3) Gagan Parida, (4) Madan Kumar,

(5) Narayan Nayak, (6) Rajkishore Rana, (7) Harekrishna

Nayak, (8) Balaraman Behera and (9) Haladharnaik for

the year 2021 as demanded by the Union is legal and

justified? If justified, to give appropriate direction?

of money if, it can be so computed?

2. Brief facts of the case of the Petitioner

The Respondent Company is a Chemical Factory

functioning with the workmen above 60 in numbers,

without following any Labour Welfare Legislations

and thereby violating the rights and benefits of the

Workmen. The Respondent Management issued

Appointment Order, Regularization Order, Salary Pay

Slip and Identity Card to half of the workmen working

under the Respondent Management. But, the

Respondent Management refused to give same to the

direct Workers who were engaged in the same work

under employer for the past 10 years. The Respondem

Management never paid overtime salary to the

workers who were worked 12 hours per day. The

Respondent Management failed to get the permission

from the Ground Water Authority for using Ground

Water for his Factory till date. The Respondent

Management has disbursed one full month salary of

` 12,000 to its workmen as bonus for the year 2020.

So, the Petitioner Union requested the Respondent

Management to give bonus for the year 2021 by way

of written representation through post with a request

to give one month salary of ` 15,000 as bonus for

the Diwali festival. The Respondent Management

refused to receive the said representation and the

same was returned. In this connection, Form-L was

submitted by the Petitioner Union on 25-10-2021

before Labour Officer (Conciliation). In the reply

given by the Respondent Management to the Labour

Officer (Conciliation), it is mentioned that for

9 workers have been given bonus for the year 2021.

Whereas, the Petitioner Union sought for bonus to

20 workmen. The act of the Respondent Management

disbursing bonus only to 9 workers leaving others

is against the Provisions of Bonus Act, 1965. Further

it is against the Settlement, dated 07-11-2020 entered

between the Respondent Management and Petitioner

Union. Hence, the petition seeking for Bonus for the

year 2021 for the 11 employees as mentioned below.

LA GAZETTE DE L’ETAT

[9 January 2024

Sl. Name of the

Bonus

Received Balance

No.

Employee

(1)

(2)

(3)

(4)

(5)

Gagan Parida

15,000

7,664

7,336

Harikrishna Nayak

15,000

8,458

6,542

Narayan Nayak

15,000

8,528

6,472

Akshay Pradan

15,000

8,510

6,490

Rajkishore Rana

15,000

7,643

7,357

Anil Sharma

15,000

8,442

6,558

Balaram Behera

15,000

8,493

6,507

Madankumar Sha

15,000

6,884

8,116

Haladhar Nayak

15,000

7,099

7,901

Balaram Das

15,000

—

15,000

Prasant Behera

15,000

—

15,000

Bhimasen Das

15,000

—

15,000

Nabin Parida

15,000

—

15,000

Sanjaykumar Das

15,000

—

15,000

Durga Kumar

15,000

—

15,000

Kamalesh Sharma

15,000

—

15,000

Sonukumar

15,000

—

15,000

Rajesh

15,000

—

15,000

Rabindra Dos

15,000

—

15,000

Pramodkumar Sha

15,000

—

15,000

The act of Respondent Management refusing to give

bonus to the petition mentioned 11 workmen, which is

totally biased and amounts to unfair labour practice.

Hence, the petition for full bonus for 11 workmen and

balance bonus for the 9 workmen who were not given

bonus in full.

3. Notice served to both the Petitioner and

Respondent. Petitioner appeared. Claim Petition with

documents filed by the Petitioner. Though the

Respondent has engaged his Advocate, but not chosen

to file its counter even after giving sufficient time by

this Court. Neither Respondent Management appeared

nor represented by his Counsel. Hence, the Respondent

Management was set ex parte on 07-02-2023.

4. Point for determination

Whether the Petitioner Workmen are entitled for

the prayer against the Respondent Management of

granting one month salary as bonus to the 11 workmen

and balance bonus to the 9 workmen?

5. On Point

Petitioner/Secretary of the Petitioner Union

examined himself as PW1. Ex.P1 to P15 were marked.

Since Respondent set exparte, heard the Petitioner.

6 On the point

The Labour Department, Government of Puducherry,

referred this industrial dispute, for the dispute raised

by the Petitioner Union and the Respondent

Management over payment of one month salary of

` l5,000 as Bonus to 11 workmen and balance bonus

to the 9 workmen. Ex.P1 and Ex.P2 are the copy of

the returned cover and letter, dated 18-10-2021 sent

by the Petitioner Union requesting to disburse the

bonus for the year 2021. Ex.P3 and Ex.P4 are the copy

of the Form-L and letter submitted by the Petitioner

Union before Labour Officer (Conciliation) on

25-10-2021, and 26-11-2021, respectively. In which the

Petitioner Union requested the Labour Officer

(Conciliation) to intervene and settle the matter and

thereby directing the Respondent Management to

give bonus for the year 2021. Ex.P5 is the copy of

the statement showing to substantiate that bonus

was given for the year 2020-2021. Ex.P6, Ex.P7, Ex.P8,

Ex.P9 and Ex.P10 are the copies of the letters sent

by the Petitioner to the Labour Officer (Conciliation),

dated 13-12-2021, 08-02-2022, 14-03-2022, 26-04-2022

and 27-04-2022, respectively. On Petitioner side

Ex.P11 which is the minutes of the meeting held on

07-11-2020 produced, wherein, the terms and

conditions of the settlement as per demand, dated

21-09-2020 are listed out. From Ex.P12 the Failure

report, it is found that Respondent Management has

given a reply before Lobour Officer (Conciliation)

stated that “they had already paid bonus to 9

contract workers and the remaining 11 workers given

by the Union are not in their Contractor roll”. Ex.P13

is the Notification of the Labour Department on

failure of conciliation. Ex.P15 is the letter addressed

to Labour Officer (Conciliation) objecting the act of

Labour Officer (Conciliation) by receiving the reply

of the Respondent Management without its covering

letter.

7. The Respondent Management did not appear

before this Court nor submitted its version of objection

on the claim petition filed by the Petitioner Union.

Having remained ex parte, the Respondent Management

htt not chosen to rebut the evidence and the claim filed

by the Petitioner Union and the claim remained un-rebutted

and un-shattered. Though, before Labour Officer

(Conciliation), Respondent Management has submitted

that “they had already paid bonus to 9 contract workers

9 January 2024]

LA GAZETTE DE L’ETAT

and the remaining 11 workers given by the Union are

not in their Contractor roll”, but, not come forward to

explain their case before this Court. Being the workmen

working under the Respondent Management, it is the

bounden duty of the Respondent Management to give

one month salary as bonus to the 11 workmen and

balance bonus to the 9 workmen.

8. Hence, the point for determination is decided

accordingly in favour of the Petitioner Union and the

claim is allowed.

9. In the result, the industrial dispute raised by the

Petitioner Union is justified. The Respondent Management

is hereby directed to grant one month salary as bonus

to the 11 workmen and balance bonus to the 9 workmen

in accordance with law as prayed in the claim petition.

No costs.

Dictated to the Stenographer, directly typed by him,

corrected and pronounced by me in open Court on this

the 12th day of May, 2023.

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1 —

20-04-2023

Thiru Sivakumar, State

Secretary,

AIUTUC,

Puducherry.

List of petitioner’s exhibits :

Ex.P1

— 20-10-2021

Photocopy of the Refusal

RPAD return cover.

Ex.P2

— 18-10-2021

Photocopy of the letter

given by the Petitioner

Union to the Respondent

Management.

Ex.P3

— 25-10-2021

Photocopy of the Form-L

to the Labour Officer

(Conciliation), Puducherry.

Ex.P4

— 26-11-2021

Photocopy of the Letter

given by the Petitioner

Union to the Labour Officer

Conciliation) Puducherry.

Ex.P5

—

Photocopy of the list of

9 Employees, details regarding

Bonus for the year of

2020-2021.

Ex.P6

— 13-12-2021

Photocopy of the Letter

given by the Petitioner

Union to the Labour Officer

(Conciliation), Puducherry.

Ex.P7

— 08-02-2022

Photocopy of the Letter

given by the Petitioner

Union to the Labour Officer

(Conciliation), Puducherry.

Ex.P8

— 14-03-2022

Photocopy of the Letter

given by the Petitioner

Union to the Labour Officer

(Conciliation), Puducherry.

Ex.P9

— 26-04-2022

Photocopy of the Letter

given by the Petitioner

Union to the Labour Officer

(Conciliation), Puducherry.

Ex.P10 — 27-04-2022

Photocopy of the Letter

given by the Petitioner

Union to the Labour Officer

(Conciliation), Puducherry.

Ex.P11 — 07-11-2020

Photocopy of the Minutes

of the meeting held on

07-11-2020.

Ex.P12 — 08-06-2022

Photocopy of the Failure

Report.

Ex.P13 — 29-07-2022

Photocopy

the

Government Order issued

against the Failure Report.

Ex.P14 — 17-02-2021

Photocopy of the Show

Cause notice issued by

Member-Secretary, Pondicherry

Ground Water Authority to

the Respondent Management.

Ex.P15 — 02-12-2021

Photocopy of the Letter

given by the Petitioner

Union to the Labour Officer

(Conciliation), Puducherry.

List of Respondent’s witnesses: Nil

List of Respondent’s Exhibits: Nil

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.