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Sentence arbitral du Travail

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Award of the Labour Court .. 134

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Dangerous Establishments

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Annonces

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Announcements

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Amﬂºƒˆ \VWÈ ∂´E>µ

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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2024 }

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13 {

No.

Poudouchéry

Mardi

Février

2024 (24 Magha 1945)

No.

Puducherry

Tuesday

13th

February

2024

Registered with the Registrar

of Newspapers for India

under No. 10410

134

LA GAZETTE DE L’ETAT

[13 February 2024

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 120/AIL/Lab./T/2023,

Puducherry, dated 8th December 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 10/2019, dated

12-05-2023 of the Labour Court, Puducherry, in respect

of Dispute between the M/s. Shree Mother Plast

India Private Limited, Thirubuvanai, Puducherry and

Thiru C. Kumar, Kalitheerthalkuppam, Puducherry, over

non-employment 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.

Friday, the 12th day of May, 2023.

I.D. (L). No. 10/2019

CNR. No. PYPY06-000016-2019

Kumar,

No. 48, Pillaiyar Koil Street,

Kalitheerthalkuppam,

Madagadipet Post,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Shree Mother Plast India Private Limited,

Nos. A-43 to A-48, PIPDIC Electronic Park,

Thirubuvanai, Puducherry.

. . Respondent

This Industrial Dispute coming on 12-05-2023 before me

for final hearing in the presence of Thiru S. Asokkumar,

Counsel for the Petitioner, Thiru R. Ilancheliyan,

Counsel for the Respondent and after hearing the both

sidesand 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. 20/AIL/Lab./T/2019, dated 08-02-2019 of the Labour

Department, Puducherry, to resolve the following

dispute between the Petitioner and the Respondents, viz.,

(a) Whether the dispute raised by the Petitioner

C. Kumar, Kalitheerthalkuppam, Puducherry, against

the Management of M/s. Shree Mother Plast India

Private Limited, Thirubuvanai, Puducherry, over

non-employment is 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 claim petition

The Petitioner was worked as Machine Operator

under the Respondent Management M/s. Shree

Mother Plast India Private Limited, Puducherry, for

the past 15 years as Permanent worker. The

Respondent Management is the manufacturer of spare

parts/bed mould for Whirlphool washing machine

and Godrej products functioning at Pondicherry. The

Respondent Management with arbitrary power kept

the workmen at his mercy depriving of privileges of

the permanent workmen and such act comes under

unfair labour practice on the part of the Respondent

as per the provisions of the Industrial Disputes Act.

(ii) The Respondent issued Show cause notice on

11-08-2014 for flimsy reason which is utterly false and

fabricated; the explanation was submitted by the

Petitioner on 08-09-2014 and on 18-09-2014. The

Respondent dissatisfied with explanation issued the

charge sheet on 15-11-2014 and initiated enquiry after

a lapse of seven months, i.e., 23-06-2015. As a result

of enquiry the Petitioner was found guilty, and then

the Petitioner was terminated from service on

28-11-2017. Therefore, the Petitioner raised conciliation

on 25-01-2018. On receipt of the representation,

conciliation was initiated and ended in failure.

(iii) Grounds of the Petition:

The Petitioner is working as Machine Operator

under the Respondent Management M/s. Shree

Mother Plast India Private Limited, Puducherry, for

the past 15 years as Permanent worker. The

Petitioner carried out the work to the satisfaction

of the Management with flawless records. The

Respondent issued Suspension-cum-Show Cause

Notice on 11-08-2014, further, the Petitioner was

135

13 February 2024]

LA GAZETTE DE L’ETAT

resisted from entering the industry premises on

30-08-2014 and on 04-09-2014. Subsequently

charge-sheet was issued on 15-11-2014 and the

Petitioner submits that after lapse of seven

months, i.e., on 23-06-2015 enquiry was initiated.

The Petitioner was suspended without seeking

explanation and all along this period he was not

paid salary or subsistence allowance. The

Respondent without any reason terminated the

Petitioner which is against natural justice.

(iv) The Petitioner has joined as Member in the

“Shri Mother Plast Employees Union” which has

been established for protecting the worker’s rights

from the Management. The Respondent Management

was dissatisfied due to the involvement of the

Petitioner in the Union activities right from the

initiation of the Trade Union, the Respondent

Management treated the Petitioner unpleasant and

took unfair action against the Petitioner.

(v) The agitation was staged on behalf of

“Puthiya Jananayaga Thozhilalar Munnani” on

05-08-2014 for demanding eradication of contract

labour system under the Contract Labours (Regulation

and Abolition) Act, 2009. The Petitioner as a member

of the Employees Union extended his Cooperation

and participated in the agitation. The participants

including women and children took part in the

agitation, whereas, the labour contractors of

Thirubuvanai in order to dilute the demand attacked

the participants in the agitation with the support of

hooligans, so an untoward incident took place in the

agitation.

(vi) Even though participants were attacked the

contractors with the support of political and muscle

power managed to register F.I.R. against the affected

participants. The Station House Officer, Thirubuvanai

Police Station, Puducherry, registered a case against

20 and others vide F.I.R. No. 90/2014. Due to his

participation in the agitation he was also added in

the complaint, the affected participants also

approached the Police for registering the complaint

but the same was refused due to influence only on

direction from the Court the complaint was registered.

(vii) The Respondent Management was already

dissatisfied with the Union activity of the Petitioner

and took this opportunity and suspended the

petitioner on 11-08-2014 without seeking any

explanation. Consequently the Petitioner was resisted

from entering the Industry Premises on 30-08-2014

and on 04-09-2014. The Petitioner submitted a

representation was addressed to the Respondent

Management on 08-09-2014 explaining the untoward

incident took place in the agitation. Further, the

Petitioner is not an offender and moreover the agenda

in the agitation is common issue due to involvement

of political and muscle influence an untoward

incident took place otherwise than that there is no

personal association.

(viii) The Respondent Management without

considering the explanation of the Petitioner, dated

08-09-2014 issued the Charge sheet on 15-11-2014 and

initiated enquiry on 23-06-2015 after lapse of seven

months. The Charge sheet does not find any substance

it is fabricated only put out the Petitioner from the

Respondent/Management for his involvement in the

union activities. The Enquiry Officer never tendered

any reasonable opportunity to the worker to explain

his reasons for charges levelled against him. The

enquiry proceedings was unilateral without considering

the Petitioner to explain his reasons. Therefore, the

act of the Respondent is against the Principles of

Natural Justice. Hence, the termination of the

Petitioner is not justified and liable to be set aside.

(ix) The evidence adduced by the Respondent

Management in the enquiry is not convincing and

the complaints are not reasonable, they are

fabricated only in order to suppress real fact. The

evidences were created with ulterior motive to

terminate the workmen at once. The management after

submission of the proper evidences by the workmen

refused to accept the same. The attitude of the

Respondent Management is put out of service of the

workmen due to his involvement in Union activities.

(x) In the enquiry proceedings, the Enquiry Officer

acted unilaterally in support of the Management, she

refused to record the statements and evidence of the

Petitioner. When this was agitated by the Petitioner

several times, so this act of the Enquiry Officer

prevented the Petitioner to bring out the truth. The

Management issued the charge sheet on 15-11-2014

and initiated the enquiry after lapse of seven months

i.e., on 23-06-2015. The method adopted by the

Enquiry Officer is very hared and no justice finds

place in it. The Enquiry Officer acted for the benefit

of the Management all along the enquiry proceeding

and there is no fair play of justice in the enquiry

proceedings. The main object of the enquiry is to put

out the workmen who indulged in Union activities,

which displeasured the Respondent Management.

The punishment is also not as per the Standing

Orders, the whole proceeding is only to put out the

workman. Therefore, the Petitioner prays for

reinstatement with continuity of service and pay full

back wages from the date of termination till the date

of reinstatement. Hence, the petition.

136

LA GAZETTE DE L’ETAT

[13 February 2024

3. The brief averments of the counter filed by the

Respondent as follows:

The Petitioner was working in the Respondent

Company as an Operator and he was arrested by the

Thirubuvanai Police Station for indulging in criminal

acts under section 147 148, 307, 323 r/w 149 IPC on

05-08-2014. The Petitioner was under the Judicial

custody for about 20 days. However, the Petitioner

has not intimated the fact to the Management and

was on unauthorized absent from 06-08-2014.

Therefore, action was initiated for his unauthorized

absence and also for the suppression of facts.

Considering the general attitude and behavior of the

Petitioner he was placed under suspension pending

enquiry with a view of conducting the enquiry in a

peaceful atmosphere. The Petitioner was also given

subsistence allowance during the period of

suspension under the Industrial Employment

Standing Orders Act, 1946.

(ii) Domestic Enquiry was conducted by an

independent Enquiry Officer during Suspension

period. The Enquiry Officer had conducted her

enquiry in an unbiased manner by giving due

opportunities to the Petitioner and submitted her

report, dated 13-05-2017 stating that the charges

levelled against the Petitioner was proved.

Accordingly, a Second Show Cause notice, dated

12-07-2018 was issued to the Petitioner communicating

the proposed punishment. The reply given by the

Petitioner was not satisfactory. Since, the Management

considered it as a fit case for termination, the

Petitioner’s services were terminated in proportion to

the misconduct committed by him with effect from

01-12-2017.

(iii) The disciplinary action was taken under the

Certified Standing Orders of the Company for the

misconduct committed by the Petitioner. Therefore,

the action taken by the Management was completely

by the book and had no ulterior motive. The

punishment given to the Petitioner was in proportion

to the misconduct committed by him. The allegations

of the Petitioner mentioned in his petition are

vexatious and not maintainable. Hence prayed for

dismissal of the claim petition.

4. Notice to both parties given. Both appeared

through their Counsel. Claim petition filed on the side

of the Petitioner/Workman. Counter also filed by the

Respondent/Management. On Petitioner side, PW1

examined in chief and Ex.P1 to P7 marked. PW1 was also

cross examined by the Respondent/Management

counsel. Petitioner side evidence closed with PW1. On

Respondent/Management side, RW1 examined in chief

and Ex.R1 to R21 marked. He was also cross examined

by the Petitioner Counsel. Through RW1 during his

cross examination, Ex.P8 and P9 were marked on

Petitioner side as his exhibits. Respondent side

evidence also closed with RW1. The case was posted

for arguments.

5. When, the case posted for hearing both side

arguments, both argued their respective cases and when

the arguments was in part and posted for reply on

either side, both the parties filed Joint Compromise

Memo signed by both the parties and their Counsel, as

the Industrial Disputes has been settled between them

under section 18(1) settlement. The said copy of 18(1)

settlement also enclosed along with the Joint

Compromise Memo.

6. Heard both on the Joint Compromise memo,

perused the Joint Compromise Memo and Settlement

under section 18(1) and same recorded.

7. In view of the Joint Compromise Memo and the

Settlement arrived u/s.18(1) of Industrial Disputes Act

between the parties of the Industrial Dispute, the Award

is passed as Industrial Dispute is closed as mutually

settled between the parties as per the Settlement entered

between them under section 18(1) of Industrial Disputes

Act. The Joint Compromise Memo and Settlement under

section 18(1) of Industrial Disputes Act, dated

06-05-2023 shall form part and parcel of the Award. No

Costs.

Dictated to the Stenographer, directly typed by him,

corrected and pronounced by me in the 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 —

16-07-2022

Kumar

List of petitioner’s exhibits :

Ex.P1

— 13-08-2014

Photocopy of the letter to

the Respondent Management

by the Petitioner’s Mother.

Ex.P2

— 20-08-2014

Photocopy of the letter to

the Respondent Management

by the Petitioner’s Mother.

Ex.P3

— 30-08-2014

Photocopy of the letter to

the Respondent Management

by the Petitioner.

137

13 February 2024]

LA GAZETTE DE L’ETAT

Ex.P4

— 04-09-2014

Photocopy of the letter to

the Respondent Management

by the Petitioner.

Ex.P5

— 28-08-2014

Photocopy of the Order in

Crl.O.P. No. 22614/2014 of

the Hon’ble High Court of

Madras.

Ex.P6

— 08-09-2014

Photocopy of the letter to

the Management by the

Petitioner.

Ex.P7

— 12-04-2016

Photocopy of the letter to

the Enquiry Officer.

Ex.P8

— 23-06-2015

Photocopy of the Enquiry

Report of the Enquiry

Officer.

Ex.P9

— 07-07-2012

Photocopy of the letter to

the Management by the

Petitioner Union.

List of Respondent’s witness:

RW1

— 14-11-2022

Sivamuthu, Senior Executive

of the Respondent Management.

List of Respondent’s exhibits: Nil

Ex.R1

— 05-08-2014

Photocopy of the FIR filed

by Thirubuvanai Police

Station (Page 1 to 2).

Ex.R2

— 06-08-2014

Photocopy of the News

published in Malai Malar

Newspaper. (Pg. 4).

Ex.R3

— 06-08-2014

Photocopy of the News

published

Tamizh

Murasu (Pg.3).

Ex.R4

— 11-08-2014

Photocopy of the Show

Series

Cause

Notice-cum-

Suspension Order issued

by the Respondent along

with Postal receipt.

Ex.R5

—

Photocopy of the Postal

Cover refused and returned

to the Management.

Ex.R6

— 13-08-2014

Photocopy of the letter

sent by the Petitioner’s

Mother to the Respondent

and it was received on

18-08-2014.

Ex.R7

— 20-08-2014

Photocopy of the letter

sent by the Petitioner’s

Mother to the Respondent.

Ex.R8

— 08-09-2014

P h o t o c o p y o f t h e

Series

Memorandum issued by the

Respondent with A/D Card.

Ex.R9

—

16-09-2014 Photocopy of

Series

the Memorandum issued by

the Respondent with A/D

Card.

Ex.R10 — 15-11-2014

Photocopy of the Charge

Sheet

with

Enquiry

Intimation issued by the

Respondent with postal

receipt.

Ex.R11 — 13-05-2017

Photocopy of the Enquiry

Report.

Ex.R12 — 15-06-2017

Photocopy of the 2nd Show

cause notice issued by the

Respondent with A/D card.

Ex.R13 — 22-06-2017

Photocopy of the requisition

Series

letter sent by the Petitioner

for time extension to give

his reply along with postal

cover.

Ex.R14 — 26-06-2017

Photocopy of the reply

letter

sent

the

Respondent for granting

time for Petitioner's reply

along with A/D card.

Ex.R15 — 10-07-2017

Photocopy

the

requisition letter sent by

the Petitioner for time

extension to give his reply.

Ex.R16 — 12-07-2017

Photocopy of the reply

letter

sent

the

Respondent for granting

time for Petitioner’s reply

along with postal A/D Card.

Ex.R17 — 23-08-2017

Photocopy of the reply

letter

given

the

Petitioner.

Ex.R18 — 28-11-2017

Photocopy

the

Termination Order issued by

the

Respondent

with

Cheque for one month pay

with A/D Card.

Ex.R19 —

Photocopy of the Certified

Standing order of the

Company.

138

LA GAZETTE DE L’ETAT

[13 February 2024

Ex.R20 — 08-09-2014

Photocopy of the letter

sent by the Petitioner to the

Respondent Management.

Ex.R21 — 18-09-2014

Photocopy of the letter

sent by the Petitioner to the

Respondent Management.

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 121/AIL/Lab./T/2023,

Puducherry, dated 8th December2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 07/2023, dated

15-05-2023 of the Labour Court, Puducherry, in respect

of dispute between the management of M/s. Gencor

Pacific Auto Engineering Private Limited, Puducherry

and the petitioner Thiru K. Jayakumar, over his

non-employment with continuity of service along with

back wages and other 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.

Monday, the 15th day of May, 2023

I.D. (L) No. 07/2023

CNR. No. PYPY06-000044-2023

Jayakumar,

S/o. Thangarasu,

No. 21, Bank Street,

Thirubuvanai,

Puducherry.

. . Petitioner

Versus

The Managing Director/CEO,

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 15-05-2023 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. 25/AIL/Lab./T/2023, dated 23-02-2023 of the Labour

Department, Puducherry, to resolve the following

dispute between the Petitioners and the Respondent,

viz.,

(a) Whether the dispute raised by the Petitioner

Thiru T. Jayakumar against the Management of

M/s. Gencor Pacific Auto Engineering Private Limited,

Thirubuvanai, Puducherry, over non-employment with

continuity of service along with back wages and

other attendant benefits is justified or not? If

justified, to what relief, the Petitioner is entitled in

this dispute?

(b) To compute the relief if any, awarded in terms

of money if, it can be so computed?

2. Notice served to both parties. Petitioner appeared.

Respondent appeared through his Counsel. The matter

has been posted to 09-05-2023 for filing claim statement

by the Petitioner. 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 and

Respondent Counsel present. Memo filed by the

Petitioner to record the settlement under section 18(1)

of the Industrial Disputes 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.

139

13 February 2024]

LA GAZETTE DE L’ETAT

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 Counsels.

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 the open Court on

this the 15th day of May, 2023.

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

NO. 8558/AIL/Lab./G/2021/51,

Puducherry, dated 12th January 2024.

ORDER

In pursuance of the directions of the Ministry of

Labour and Employment, Government of India, New

Delhi vide D.O. Letter No. M-16011/34/2021-SS-III, dated

31st August, 2023, it is proposed to constitute District

Level Committee to provide accidental risk cover to

all the Unorganised Workers registered on eShram

Portal in Puducherry District as follows:

Sl.

Officials

Position

No.

(1)

(2)

(3)

District Magistrate (DM)

. .

Chairperson

Superintendent of Police

. .

Committee

Member.

Medical Superintendent,

. .

Committee

Government General Hospital,

Member.

Puducherry.

Deputy Labour Commissioner

. .

Committee

Member.

Subdivisional Magistrate (SDM)

Member-

designated by District Magistrate.

Secretary.

2. The Term of Reference (ToR) of the District Level

Committee will be as under:

(a)

Monitoring and review of activities under

these Guidelines on weekly basis.

(b)

Checking of under process claims and

submitted claims.

(c)

Resolving queries and grievances.

(d)

The Committee shall meet at least once a month.

(By order of the Chief Secretary)

P. RAGINI,

Under Secretary to Government

(Labour).

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

NO. 8558/AIL/Lab./G/2021/52,

Puducherry, dated 12th January 2024.

ORDER

In pursuance of the directions of the Ministry of

Labour and Employment, Government of India, New

Delhi vide D.O. Letter No. M-16011/34/2021-SS-III, dated

31st August, 2023, it is proposed to constitute State

Level Monitoring Committee to provide accidental

risk cover to all the Unorganised Workers registered on

eShram Portal in the Union territory of Puducherry as

follows:

Sl.

Officials

Position

No.

(1)

(2)

(3)

Secretary to Government

. . Chairperson

(Labour).

Deputy Inspector-General of Police

. . Committee

Member.

Regional Director,

. . Committee

Employees State Insurance

Member.

Corporation, Puducherry.

Deputy Welfare Commissioner

. . Committee

(Central) Puducherry.

Member.

Labour Commissioner

. . Member-

Secretary.

(1)

(2)

(3)