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CONTENTS

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Sentence arbitral du Travail

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Award of the Labour Court .. 182

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Government Notifications/ .. 188

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Avis d’ appel d’ offres

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Tender Notices

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Etablissements dangereux

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Dangerous Establishments

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Annonces

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Announcements

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Corrigendum

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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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27 {

No.

9

Poudouchéry

Mardi

27

Février

2024 (8 Phalguna 1945)

No.

Puducherry

Tuesday

27th

February

2024

Registered with the Registrar

of Newspapers for India

under No. 10410

182

LA GAZETTE DE L’ETAT

[27 February 2024

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 124/AIL/Lab./T/2023,

Puducherry, dated 11th December 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 12/2019, 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 T. Sivakumar, Madagadipet Post, 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. 12/2019

CNR. No. PYPY06-000018-2019

Sivakumar,

S/o. Thulasingam,

No. 48, Main Road, DBG Nagar,

Kalitheerthalkuppam,

Madagadipet Post,

Puducherry.

. . Petitioner

vs.

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

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. 23/AIL/Lab./T/2019, dated 11-02-2019 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

T. Sivakumar, Madagadipet Post, 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 manufacturer of spare

parts/bed mould for whirlphool washing machine and

Godrej Products functioning at Puducherry. 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 on

05-01-2015. 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

worker carried out the work to the satisfaction

of the management with flawless records.

183

27 February 2024]

LA GAZETTE DE L’ETAT

The Respondent issued Suspension-cum-Show

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

was 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

initiated the enquiry on the 05-01-2015. 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 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 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 05-01-2015. 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

on 05-01-2015. The method adopted by 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

184

LA GAZETTE DE L’ETAT

[27 February 2024

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.

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 sections 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 unbaised 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 P8 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.P9 was 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 ID 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 under section 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 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 —

06-07-2022

Sivakumar

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

along with A/D Card.

185

27 February 2024]

LA GAZETTE DE L’ETAT

Ex.P3

— 30-08-2014

Photocopy of the letter to

the Respondent Management

by the Petitioner along with

A/D Card.

Ex.P4

— 04-09-2014

Photocopy of the letter to

the Respondent Management

by the Petitioner along with

A/D Card.

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

— 04-04-2015

Photocopy of the letter

given by the Petitioner to

the Enquiry Officer.

Ex.P7

— 16-06-2016

Photocopy of the letter

given by the Petitioner to

the Enquiry Officer.

Ex.P8

— 08-09-2014

Photocopy of the letter to

the Management by the

Petitioner.

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:

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

in

Tamizh

Murasu (Pg. 3).

Ex.R4

— 11-08-2014

Photocopy of the Show

C a u s e

N o t i c e - c u m -

Suspension Order issued

by the Respondent.

Ex.R5

— —

Photocopy of the Postal

Cover refused and returned

to the Management.

Ex.R6

13-08-2014

Photocopy of the letter

Series

sent by the Petitioner’s

mother to the Respondent

and it was received on

18-08-2014 with postal

cover.

Ex.R7

— 20-08-2014

Photocopy of the letter

Series

sent by the Petitioner’s

mother to the Respondent

and it was received on

18-08-2014 with postal

cover.

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

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.R10 — 15-11-2014

Photocopy of the Charge-

Series

Sheet

with

Enquiry

Intimation issued by the

Respondent with A/D Card.

Ex.R11 — 18-05-2017

Photocopy of the Enquiry

Report.

Ex.R12 — 15-06-2017

Photocopy of the 2nd show

Series

cause notice issued by the

Respondent with A/D Card.

Ex.R13 — 23-06-2017

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

Series

requisition letter sent by

the Petitioner for time

extension to give his reply

along with RPAD.

Ex.R14 — 26-06-2017

Photocopy of the reply

letter

sent

by

the

Respondent for granting

time for Petitioner’s reply.

Ex.R15 — 10-07-2017

Photocopy

of

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

by

the

Respondent for granting

time for Petitioner’s reply

with postal receipt and A/D

Card.

186

LA GAZETTE DE L’ETAT

[27 February 2024

Ex.R17 — 23-08-2017

Photocopy of the reply

letter

given

by

the

Petitioner

along

with

Certificate and postal cover.

Ex.R18 — 28-11-2017

Photocopy

of

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.

Ex.R20 — 08-09-2014

Photocopy of the letter

sent by the Petitioner to the

Respondent Management

with postal cover.

Ex.R21 — 18-09-2014

Photocopy of the letter

sent by the Petitioner to the

Respondent Management

with postal cover.

V. SOFANA DEVI,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 125/AIL/Lab./T/2023,

Puducherry, dated 11th December 2023)

NOTIFICATION

Whereas, an Award in I.D (L) No. 30/2022, dated

15-05-2023 of the Industrial Tribunal, Puducherry, in

respect of Dispute between the M/s. Gencor Pacific Auto

Engineering Private Limited, Puducherry and the

petitioner’s Union Gencor Pacific Auto Engineering

Thozhilalargal Naam Thamizhar Thozhir Sangam, over

charter of demands regarding wage revision, protection

of service conditions of workers and other allowances,

etc., 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.

Monday, the 15th day of May, 2023.

I.D. (T). No. 30/2022

CNR. No. PYPY06-000065-2022

The President/Secretary,

Gencor Pacific Auto Engineering Thozhilalargal

Naam Thamizhar Thozhirsangam,

No. 21, Bank Street, Thirubuvanai,

Puducherry.

. . Petitioner

Vs.

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 15-05-2023 before

me for final hearing in the presence of Thiruvalargal

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

Thiruvalargal L. Sathish, T. Pravin, S. Velmurugan,

E. Karthick, S. Sudarsanan and E. Madhivanan, Counsel

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. 95/Lab./AIL/T/2022, dated 10-06-2022 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 “Gencor Pacific Auto Engineering Thozhilalargal

Naam Thamizhar Thozhirsangam”, against the

Management of M/s. Gencor Pacific Auto Engineering

Private Limited, Thirubuvanai, Puducherry, over

charter of demands regarding wage revision,

protection of service conditions of workers and other

allowances, etc., is justified or not? If justified, to

give appropriate direction to what remedies to be

entitled in this dispute?

(b) Whether the stand taken by the Management

of M/s. Gencor Pacific Auto Engineering Private

Limited, Puducherry, regarding non-recognition of

the Petitioner’s Union duly registered under the

Trade Unions Act, 1926 is legal and justified?

If justified, to give appropriate direction.

187

27 February 2024]

LA GAZETTE DE L’ETAT

(c) 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:

On 28-12-2009 the Petitioner was appointed as

Operator by the erstwhile management of G.J. Engineering.

Later the Management of G.J. Engineering was taken

over by the present Respondent, i.e., M/s. Gencor

Pacific Auto Engineering Private Limited and

considering the unblemished services of the

Petitioner, the Respondent Management absorbed by

the Respondent in its company vide transfer-cum-

revised appointment letter, dated 21-01-2011. The

Petitioner along with other workmen in the factory

took initiative to start a Trade Union during the

month of April, 2021 and thereby Trade Union by

name M/s. Gencor Pacific Auto Engineering Thozhilalargal

Naam Thamizhar Thozhir Sangam was registered

before the Registrar of Trade Union, Puducherry vide

Registration No. 1887/RTU/2021.

(ii) The Plant head of the Respondent Factory

started threatening the Office Bearers and other

members of Petitioner’s Union saying that he will

transfer them to some other unit if, they continue the

Trade Union activities any more further. The act of

the Respondent Management in curbing the lawful

Trade Union activities of the Petitioner Union is

unjustifiable, improper and illegal. An Advocate

notice, dated 10-06-2021 addressed both to the Office

of the Labour Commissioner, Puducherry and to the

Plant Head of the Respondent Factory. Subsequently,

the Petitioner Union has given charter of demands

to the Plant Head of the Respondent Factory but, he

willfully refused to receive the same.

The Petitioner has sent another Advocate notice,

dated 21-06-2021 along with the charter of demands

so as to hold negotiation talks and thereby to arrive

an amicable settlement. The Respondent issued a

reply notice, dated 23-06-2021 with false and

frivolous allegations. The Petitioner Union has also

given their representation, dated 21-06-2021 to the

Labour Officer (Conciliation), Puducherry, raising

various charter of demands and thereby initiated the

present industrial dispute.

(iii) The Respondent Management has filed its

reply, dated 03-08-2021 with vague and evasive reply.

The Petitioner Union has raised the present industrial

dispute before the Labour Officer (Conciliation),

Puducherry, in respect of revision of their wages and

also for recognition of their Trade Union by the

Respondent Management. Hence, the petition.

3. The brief averments of the counter filed by the

Respondent is as follows:

Law thus clearly mandates a Trade Union to have

at least 10% of total strength of workers engaged in

any establishment or Industry as its members for it

to function as Trade Union and when the Trade

Union looses such requisite numbers, its registration

is required to be cancelled under section 10(c) of

Trade Unions Act. Petitioner does not represent even

two or three workers of Respondent and hence, it has

no locus standi to seek recognition. Respondent has

already initiated steps for cancellation or registration

of Petitioner vide its letter, dated 13-11-2021.

(ii) The Petitioner doesn’t have the locus standi

to continue functioning as a Trade Union for it to

raise any industrial dispute. Petitioner in its claim

petition has not even pleaded the dates on which it

sought management's recognition and the date when

Respondent denied it. For an industrial dispute to be

referred to this Court for adjudication, there must

have been a demand made by the Union and it must

have been denied by the Respondent Management.

The charter of demands for wage revision and other

benefits is not supported, endorsed or backed by any

of the workers including the so called members of

the Union. The revised wage structure accepted by

all the current workers shall prevail over the charter

of demands of Petitioner Union and it cannot insist

on adjudication of their demand for wage revision.

Therefore, the charter of demands raised by the

Petitioner has become infructuous.

(iii) The essential elements for demand for wage

revision shall be region-cum-industry principle and

the cost of living index of the particular region. Once

again the Petitioner has not given any comparative

details on these vital aspects essential for the

Tribunal to even consider the demand for wage

revision. Hence, the gross wages that is being paid

by Respondent is much more than the minimum

wages fixed by the Government. Respondent gives a

standard annual increment of 7% to 10% to all its

worker in the normal circumstances. Apart from the

standard wages, it also pays monthly production and

sale incentives at 7% of gross wages based on

performance of workers. 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.

188

LA GAZETTE DE L’ETAT

[27 February 2024

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

Industrial Dispute 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 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. 04/Lab./AIL/T/2023,

Puducherry, dated 04th January 2024)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. Vinayaka Mission’s Medical College and Hospital,

Keezhakasakudimedu, Karaikal and the Union workmen

represented by the Union for all Staff in Vinayaka

Mission’s Medical College and Hospital P.K. Salai,

Karaikal, over regularization of Fixed Term Contract

Staff as Permanent Staff 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

(i) Whether the industrial dispute raised by the

union workmen represented by Union for all Staff in

Vinayaka Missions Medical College and Hospital,

P.K. Salai, Karaikal, against the Management of

M/s. Vinayaka Mission’s Medical College and

Hospital, Keezhakasakudimedu, Karaikal, over

regularization of the ‘Fixed Term Contract Staff’

engaged in the designations as listed in Annexure-I

as Permanent Staff is justified or not?

(ii) If justified, what relief the Union workmen

entitled to?

(iii) To compute the relief in terms of money if, it

is so be computed?

(By order)

P. RAGINI,

Under Secretary to Government (Labour).

ANNEXURE-I

Sl.

Designation

No.

(1)

(2)

1

Assistant Medical Record Officer

2

Speech and Hearing Assistant

3

Emergency Technician