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SOMMAIRES

CONTENTS

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Sentence arbitral du Travail

Award of the Labour Court ..

de Tribunal.

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Notifications du Gouvernement ..

Government Notifications

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Etablissements dangereux

Dangerous Establishments

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Annonces

Announcements

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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Publiée par Autorité

Published by Authority

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16 {

No.

Poudouchéry

Mardi

Janvier

2024 (26 Pausa 1945)

No.

Puducherry

Tuesday

16th

January

2024

Registered with the Registrar

of Newspapers for India

under No. 10410

LA GAZETTE DE L’ETAT

[16 January 2024

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 112/AIL/Lab./T/2023,

Puducherry, dated 6th December 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 33/2023, dated

02-05-2023 of the Labour Court, Puducherry, in respect

of Dispute between the M/s. AJ Higher Secondary

School, Puducherry and Thiru Selvakumaran, T.N.Palayam,

Puducherry, over reinstate the petitioner in his original

employment with full back wages, continuity in service

and all other attendance 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 23-05-1991, 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.

Tuesday, the 2nd day of May, 2023

I.D. (L). No. 33/2022

CNR. No. PYPY06-000104-2022

Selvakumaran,

No. 24, Padayatchi Street,

T.N. Palayam, Puducherry.

. . Petitioner

Versus

The Principal,

AJ Higher Secondary School,

Puducherry.

. . Respondent

This Industrial dispute coming on 24-04-2023 before

me for final hearing in the presence of Thiruvalargal

K. Velmurugan and P. Preethi, Counsels for the

Petitioner, Thiruvalargal N. Kannan, I. Ilankumar and

M. Radjesvary, Counsels for the Respondent,

Respondent remained ex parte as counter not filed and

after hearing the Petitioner side and perusing the case

records, this Court delivered the following:

AWARD

This Petition filed under section 2(A) of the Industrial

Disputes Act, 1947 to direct the Respondent

Management to reinstate the Petitioner in his original

employment with full back wages, continuity in service

and all other attendance benefits.

2. Brief facts of the case of the Petitioner

The Respondent Management was initially started

an Educational Institution by name New Generation

School situated at Kakayanthope, Ariyankuppam,

Puducherry and thereby imparted high quality of

education to its students. Due to overwhelming

response from the public, the Respondent

Management upgraded itself and started a new

School during the year 2012 by name AJ Higher

Secondary School at T.N. Palayam, Puducherry,

which is also well known for its high quality and

standard education imparting for the students in

Puducherry. The Respondent Management is getting

enormous profits every year through the Tuition fees,

Term fees, Transport fees and other miscellaneous

fees from the students. The Respondent Management

has engaged permanent teaching and non-teaching

staffs in this regard.

(ii) Initially Petitioner was appointed as

Bus-Attender during the month of June, 2012 by the

Respondent Management at their old School i.e., New

Generation School functioning at Ariyankuppam,

Puducherry. After starting the present School, the

Respondent Management utilized the services of the

Petitioner at the new School. Thus, from June 2012

the Petitioner was working under the absolute

control and supervision of Respondent Management

and the Respondent is the paymaster of the

Petitioner who used to pay the monthly salary

through Petitioner’s Bank Account. Hence, the

Employer and Employee relationship exists between

them. Since, from the inception of his services, he

was discharging his duties in a sincere and honest

manner without any sort of black mark whatsoever.

Initially the Petitioner received a sum of ` 6,000 per

month as salary and the last drawn wage of the

Petitioner during the year 2010 was at ` 8,678 per

month.

(iii) The Respondent Management has failed to

comply with the mandatory labour welfare

legislations in their Institution. Though he was

coming under the ESI and PF coverage, the

Respondent Management for the reasons best known

to it failed to implement the ESI and PF laws to the

Petitioner and thereby, no ESI and PF accounts were

16 January 2024]

LA GAZETTE DE L’ETAT

created by the Respondent Management. Several

times the Petitioner has requested the Respondent

Management to extend the ESI and PF benefits to him,

but, the Respondent Management turned deaf ears.

(iv) The Respondent Management initially has

given annual increment to the petitioner, but, later

failed to give any annual increment for the last 7 years,

despite several requests of the Petitioner. The

Petitioner has thus, lead a miserable life with the

meager income given by the Respondent Management

to battle the heavy surge in the cost of living. During

the Covid pandemic period he was assigned with the

duty of driver in the Respondent School so as to pick

up the teaching, non-teaching staffs, students, etc.,

The Petitioner without any hesitation has abided by

the directions given by the Respondent Management

to act as driver.

(v) The shock and surprise on 01-11-2021 the

Manager of the Respondent Management has orally

instructed the Petitioner not to come for work

hereafter without assigning any reasons. Though the

Petitioner has requested the Manager to revoke the

oral termination explaining his financial conditions,

the said Manager refused to heed to the Petitioner’s

requests. The Respondent Management without

considering Petitioner’s family background, past

unblemished services of the Petitioner, legitimate

requests of the Petitioner, etc., was very adamant in

terminating the services of the petitioner without

following the Principles of Natural Justice. Till date

the Petitioner remains unemployed and his whole

family is starving to their daily bread. His last drawn

wages in the Respondent Management is ` 8,678 per

month.

(vi) The Petitioner is a permanent regular workman

who has rendered about 10 years of continuous

unblemished service to the Respondent Management.

This being so, the Respondent Management without

issuing any show cause notice, not conducting any

domestic enquiry, without giving any written

suspension/dismissal order, arbitrarily on oral

instruction terminated the services of the Petitioner

Workman. The above act of the Respondent

Management is illegal, unjust, invalid, improper and

against the Principles of Natural Justice. The

Petitioner was ever ready and willing to do his job,

but, it is the Respondent Management who has

refused to give any sort of work to the Petitioner

Workman from 01-11-2021 onwards. There is no fault

or misconduct committed by the Petitioner against

the Respondent Management, and the Respondent

Management with an ulterior motive terminated the

service of the Petitioner Workman.

(vii) The cardinal principle under the labour

jurisprudence that before inflicting punishment upon

the delinquent employee, the Management is

supposed to seek his explanation about the proposed

punishment to the charge-sheeted employer and only

thereafter any punishment could be inflicted.

Whereas in the case on hand, the Respondent

Management has not followed the above mandatory

procedure but straightway terminated the services of

the Petitioner Workman.

(viii) Aggrieved by the act of the Respondent

Management, the Petitioner through letters, dated

06-04-2022 and 01-06-2022 has given representation

to the Labour Officer (Conciliation), Puducherry, to

intervene in this issue and thereby, advise the

Respondent Management to intervene in this issue

and thereby, advise the Respondent Management to

reinstate the Petitioner Workman in his original

employment and provide him all statutory benefits.

The Respondent Management officials after receipt

of the notice from the Labour Officer (Conciliation),

Puducherry, appeared before the conciliation enquiry

and gave evasive reply with false allegations vide

letter, dated 01-08-2022 and 27-09-2022. Since, the

Labour Office could not reach amicable settlement

between the parties. Hence, the claim for the

reinstatement.

3. Notice served to both the Petitioner and

Respondent. 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 04-04-2023. Claim Petition filed by the

Petitioner.

4. Point for determination

Whether the Petitioner Workman is entitled for the

prayer of reinstatement and other benefits as prayed

in the Claim Petition?

5. On point

Respondent remained ex parte as counter not

filed. Proof affidavit of Petitioner filed, he himself

examined as PW1. Ex.P1 to P10 were marked.

6. On the point

The present ID in ID(L) 33/2022 filed by way of

claim petition under section 2(A) of ID Act, 1947.

According to the petitioner, he was appointed as Bus

Attender in June 2012 by the Respondent

Management and since, then he was working under

LA GAZETTE DE L’ETAT

[16 January 2024

the control and supervision of the Respondent

Management on monthly salary paid by the

Management to Petitioner’s Bank Account. Initially

the Petitioner received ` 6,000 per month as salary

and last drawn wage during the year 2021 was ` 8,678

per month. No ESI, EPF implemented by the

Respondent Management and no accounts for the

same were created by the Respondent Management

to extend the benefits to its employees. Initially

annual increment granted, but, later on failed to give

increments. During Covid-19 Pandemic the Petitioner

was assigned with the duty to drive the School bus.

On 01-11-2021 the Petitioner was orally instructed not

to come to work without assigning any reasons. The

Petitioner remained unemployed till date. The

Respondent Management without issuing any

show cause notice, conducting domestic enquiry

and any written Suspension Order orally refused to

give employment.

7. To substantiate that the Petitioner was an

employee of the Respondent Management, on Petitioner

side Ex.P8 and Ex.P9 the photo copies of the Conduct

Certificates issued by the Respondent to the Petitioner

Workman. On perusal of those documents, I could find

that the present Petitioner Workman namely,

Selvakumaran was serving as Attender and Driver in the

Respondent Management from June 2012 till the date

of issuance of the Certificates Ex.P8 and P9 (05-02-2020

and 10-08-2021 respectively). Ex.P7, dated 30-11-2017 is

the Certificate issued by the Ariyankuppam Police

Station to the Petitioner. In which it is certified by SHO,

of concerned Police Station, that he has not involved

in criminal case as per the records. Further, it states that

the Certificate has been issued for the job purpose of

School Attender in the Respondent School. The above

said Ex.P7 was issued by the Ariyankuppam Police

Station on the request made by the Respondent

Institution to provide Police verification certificate vide

Ex.P6.

8. In addition to the above documents the Petitioner

Workman has filed Ex.P10 his Pay Slip for the month of

April 2021, issued by the Respondent School. It also

shows that his monthly salary is ` 8,678. Apart from this

on Petitioner side the representation given to the Labour

Officer (Conciliation), dated 06-04-2022 and 01-06-2022

filed as Ex.P1 and P2 respectively requesting for

reemployment in the Respondent School. Ex.P3 is the

reply given by the Respondent School before the

Labour Officer (Conciliation). On perusal of Ex.P3,

though the Respondent has raised some allegations

against the Petitioner Workman, has not chosen to

appear before this Court to substantiate the same.

9. Notice was ordered by this Court to the

Respondent School for its appearance. Respondent

Management appeared, but, not chosen to file its

counter. Several adjournments were given for filing

counter the Respondent Management. Despite the

conditional order, the Respondent Management did not

come forward to file its counter. Hence, the Respondent

Management was set ex parte on 04-04-2022.

10. The allegations made in the reply Ex.P3 given by

the Respondent Management before the Conciliation

proceedings were said to be occurred in 2020. Whereas,

the Respondent Management refused employment for

Petitioner Workman on 01-11-2021. Ex.P10 the Pay slip

for the month of April 2021 produced by the Petitioner

Workman to substantiate that he was in employment

under the Respondent School till 2021. Therefore, from

the available records Ex.P1 to Ex.P10 this Court finds

that the Petitioner Workman has proved his case and

the Respondent Management remained ex parte and has

not filed its version of defence to shatter the claim and

the evidence produced by the Petitioner. Therefore, from

the above discussions and findings, I decide the point

for determination in favour of the Petitioner Workman.

11. In the result, the Industrial Dispute raised by the

Petitioner Workman is justified and the Respondent

Management is hereby directed to reinstatement the

Workman Mr. Selvakumaran with full back wages with

continuity of service and all attendant benefits as

prayed in the Claim Petition. With costs.

Dictated to the Stenographer, directly typed by

him, corrected and pronounced by me in open Court

on this the 2nd day of May, 2023.

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1 —

18-04-2023

Thiru Selvakumaran

List of petitioner’s exhibits :

Ex.P1

— 06-04-2022

Photocopy of the letter

given by the Petitioner to

the

Labour

Officer

(Conciliation), Puducherry,

with acknowledgment.

Ex.P2

— 01-06-2022

Photocopy of the letter

given by the Petitioner to

the

Labour

Officer

(Conciliation), Puducherry,

with acknowledgment.

16 January 2024]

LA GAZETTE DE L’ETAT

Ex.P3

— 01-08-2022

Photocopy of the reply

given by the Respondent

Management to the Labour

Officer

(Conciliation),

Puducherry.

Ex.P4

— 23-08-2022

Photocopy of the re-joinder

of the Petitioner before

t h e

L a b o u r

O f f i c e r

(Conciliation), Puducherry

with acknowledgment.

Ex.P5

— 27-09-2022

Photocopy of the additional

given

the

Respondent Management

to the Labour Officer

(Conciliation), Puducherry.

Ex.P6

—

Photocopy of the letter

given by the Respondent to

the Station House Officer,

Ariyankuppam

Police

Station,

Puducherry

regarding the employment

details of the Petitioner.

Ex.P7

— 30-11-2017

P h o t o c o p y

o f

t h e

Certificate issued by the

Station

House

Officer,

Ariyankuppam

Police

Station, Puducherry to the

Petitioner.

Ex.P8

— 05-02-2020

Photocopy

the

Certificate issued by the

Respondent

the

Petitioner.

Ex.P9

— 10-08-2021

Photocopy

the

Certificate issued by the

Respondent

the

Petitioner.

Ex.P10 — April, 2021 Photocopy of the Pay Slip

of the Petitioner issued

the

Respondent

Management.

List of Respondent’s witness: 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. 113/AIL/Lab./S/2023,

Puducherry, dated 5th December 2023)

NOTIFICATION

Whereas, an Award in I.D (T) No. 04/2023, dated

21-08-2023 of the Industrial Tribunal, Puducherry, in

respect of Dispute between the M/s. REIL Electricals

India Limited, Puducherry and REIL Electricals India

Limited Welfare Union, over charter of demands

regarding wages revision and other allied welfare

measures 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. G.T. AMBIKA, M.L., PGDCLCF.,

Presiding Officer.

Monday, the 21st day of August, 2023.

I.D. (T). No. 04/2023

CNR. No. PYPY06-000032-2023

The President/Secretary,

REIL Electricals India Limited,

Welfare Union,

Thondamanatham Post,

Villianur Commune,

Puducherry.

. . Petitioner

Versus

The Managing Director/CEO,

M/s. REIL Electricals India Limited,

Thondamanatham Post,

Villianur Commune,

Puducherry.

. . Respondent

This Industrial dispute coming on 21-08-2023 before

me for final hearing, after perusing the case records, this

Court delivered the following:

LA GAZETTE DE L’ETAT

[16 January 2024

ORDER

This Industrial Dispute arises out of the reference

made by the Government of Puducherry vide G.O. Rt.

No. 11/Lab./AIL/T/2023, dated 07-02-2023 of the Labour

Department, Puducherry, to resolve the following

dispute between the Petitioner and the Respondent, viz.,

(a) Whether the dispute raised by the REIL

Electricals India Limited, Welfare Union, against the

Management of M/s. REIL Electricals India Limited,

Puducherry, over charter of demands with regard to

wage revision and other allied welfare measures is

justified or not? If justified, to give appropriate

direction?

(b) To what other relief the workmen represented

by the Union are entitled to?

of money if, it can be so computed?

2. Today when the case came up for hearing, no

representation on Petitioner side inspite of several

adjournments. Petitioner has not filed Claim statement

inspite of posting as last chance. Therefore, this Court

finds that there is no purpose to keep this reference

pending without any progress.

In the result, this reference is closed for

non-prosecution.

Written and pronounced by me in open Court on this

the 21st day of August, 2023.

G.T. AMBIKA,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

HINDU RELIGIOUS INSTITUTIONS AND WAQF

(G.O. Ms. No. 44/CHRI/T.4/2023,

Puducherry, dated 05th December 2023)

ORDER

Adverting to the Orders, dated 30-06-2023 of the

Hon’ble High Court of Judicature at Madras in

W.P. Nos. 34726 of 2022 and 3241 of 2023 and

G.O. Ms. No. 1/CHRI/T.2/2023, dated 14-07-2023

and in exercise of the powers conferred under the

Puducherry Hindu Religious Institutions Act, 1972,

Thiru T. Umabathy, s/o. Thandabany , Executive

Engineer, Buildings and Roads (Central Devision),

Public Works Department, Puducherry, is hereby

appointed as Temple Administrative Officer of

Arulmigu Sri Sengazhuneeramman Thirukoil, Puducherry,

on honorary basis. The Temple Administrative Officer

shall administer the said Devasthanam as envisaged in

the provisions of the Puducherry Hindu Religious

Institutions Act, 1972 and the rules framed thereunder.

Important duties and responsibilities of the Temple

Administrative Officer are given below :

(i) To take over the administration of the said

Devasthanam along with movable and immovable assets;

(ii) Submission of compliance report on taking

over of the administration of the temple along with

the details of movable and immovable properties

with a period of fifteen days from taking over the

administration;

(iii) Submission of annual report on maintenance

of movable and immovable assets including the cleaning

and desilting of temple ponds;

(iv) To coordinate and facilitate the completion of

work undertaken by donors as per rule 13 (9);

(v) Submission of annual budget by March as per

rule 13 of the Act;

(vi) To maintain accounts as per sections 14 to 17

of Hindu Religious Institutions Act and to get the

accounts audited annually by the Directorate of

Accounts and Treasuries, Puducherry;

(vii) Shall ensure that the Poojas and Festivals are

conducted according to the customs followed by the

Devasthanam;

(viii) Shall collect all debts and funds due to the

Institution and secure them from the loss or risk of loss;

(ix) Shall ensure that appropriate proceedings are

instituted to effect all debts and funds due to the

Institution or recovery thereof and also to defend such

action against the Institution in respect of the property

of the Institution;

(x) Shall not connive at or facilitate any act or

conduct of another person which would involve a

breach of trust or occasion risk or loss to the property

belonging to the Institution;

(xi) Shall strictly conform to and carry out the

terms and shall not encumber the properties of the

Institution by persistently incurring expenditure beyond

the limits of the income of the property of the

Institution;