Puducherry Gazette, No. 14, 02 April 2024

Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

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No. 14 Poudouchéry Mardi 2 Avril 2024 (13 Chaitra 1945)

No. Puducherry Tuesday 2nd April 2024

ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS

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ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 270 Sentence arbitral du Travail .. 270 Award of the Labour Court .. 270

de Tribunal

∂´∑ ∂§s¬ÁÔÔ^ .. 272 Notifications du Gouvernement .. 272 Government Notifications .. 272 g✓›>V™ WÆk™∫Ô^ .. 275 Etablissements dangereux .. 275 Dangerous Establishments .. 275

.. 276 Announcements .. 276 ƒVu≈§¬ÁÔÔ^ .. 276 Annonces

[269]270 LA GAZETTE DE L'ETAT [2 April 2024 GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

LOK ADALAT CASE NO. 4521/2022

IN

I.D(L). No. 24/2019

(G.O. Rt. No. 29/AIL/Lab./S/2024,

Puducherry, dated 11th March 2024)

(On the file of the Industrial Tribunal-cum-Labour Court, Puducherry)

Wednesday, the 16th day of June, 2022

NOTIFICATION

Whereas, an Award in I.D. (L) No. 24/2019, dated 16-06-2022 of the Labour Court, Puducherry, in respect of the industrial dispute between the management of M/s. Mohan Breweries and Distilleries Limited, Thiru R. Vengadesan, Plot Nos. 139 and 140 V.O.C. Street, Thirukuralar Nagar, Arumbarthapuram, Puducherry - 605 110.

. . Petitioner

Versus

Mettupalayam, Puducherry and Thiru. R. Vengadesan, Arumbarthapuram, Puducherry, over non-employment and non-payment of salary dues from the date of transfer i.e., 02-02-2017 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, The Managing Director, M/s. Mohan Breweries and Distilleries Limited, Near PIPDIC Industrial Estate, Mettupalayam, Puducherry - 605 009.

. . Respondent This case coming on this day before us in the presence of the Petitioner and his Counsel Thiru P. Sankaran, and the respondent, and his Counsel Thiru R. Ilancheliyan, having agreed to settle the matter and thereby the case being settled under Joint Compromise Memo filed along with 18(1) Settlement, an Award is passed accordingly:

Taken Cognizance under section 20(1) of the Legal Services

Authorities Act (Act 39/87)

Puducherry.

(By order)

1. This case which was filed and pending before the Presiding Officer as ID(L).No.24/2019 was transferred to the Lok Adalat and was taken for Settlement.

S. SANDIRAKUMARAN,

Under Secretary to Government

(Labour)

————

2. The petitioner has filed this case to pass an Aw a r d t o h o l d t h a t t h e n o n - e m p l o y m e n t a n d non- payment of salary dues from the date of transfer i.e., 02-02-2017 of the petitioner/workman by the respondent/management is not justified and for other monetary benefit, if any.

BEFORE THE LOK ADALAT AT PUDUCHERRY

Organized by Thiru G. Sendhil Kumar (District Judge) Member-Secretary of the State Legal Services Authority, Puducherry, under section 19 of the Legal Services Authorities Act (Act 39 of 1987).

Mr. K. Mohan,

Chief Judicial Magistrate,

Puducherry.

. . Judge Dr. S. Rajasekar,

Principal District Munsif,

Puducherry.

. . Judge Mrs. M. Meera Sumathi,

Judge, Family Court.

. . Member 3. Both parties appeared before the Lok Adalat Pre- negotiation sitting on 15-06-2022 and the petitioner and the respondent jointly filed a Compromise Memo stating that the respondent/management will withdraw the transfer order.

4. The Compromise Memo and the Settlement under section 18(1) of Industrial Disputes Act, 1947 filed by the both parties voluntarily and examined them, satisfied and recorded. Accordingly, the Joint Compromise Memo and the Settlement under section 18(1) of Industrial Dispute Act, 1947, filed by the both parties, are recorded and an Award is passed under the terms and conditions therein.

5. This case is referred to the Lok Adalat organized by the State Legal Services Authority under section 19 of the Legal Services Authorities Act (Act 39/87) and after full and frank discussion of all issues, an Award is passed as follows:

AWARD

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

CNR. NO.PYPY06-000040-2023

The President/Secretary, REIL Employees Union, No.176, Main Road, Thondamanatham, Villianur Commune, Puducherry.

. . Petitioner

Versus

1. It is ordered and declared that the Award is passed in terms of the Joint Compromise Memo and the Settlement under section 18(1) of Industrial Disputes Act, 1947 made by both the parties and that the reference made by the Government on G.O. Rt. No. 70/AIL/Lab./T/2019, dated 03-05-2019 and the reference is hereby closed. The Joint Compromise Memo and the Settlement under section 18(1) of Industrial Disputes Act, 1947 shall form part and parcel of the Award.

2. That this Award of the Lok Adalat shall be deemed to be a Decree of the Civil Court as per section 21 of the Legal Services Authorities Act, 1987.

Dated at Puducherry, on the 16th day of June, 2022.

The Managing Director/CEO, M/s. REIL Electricals India Ltd., Thondamanatham Post, Villianur Commune, Puducherry.

. . Respondent JUDGE JUDGE MEMBER PETITIONER RESPONDENT This industrial dispute coming on 30-11-2023 before me for final hearing, after perusing the case records, this Court delivered the following:

COUNSEL FOR THE COUNSEL FOR THE

PETITIONER RESPONDENT

————

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

AWARD

1. This Industrial Dispute arises out of the reference made by the Government of Puducherry, vide G.O. Rt. No. 23/Lab./AIL/T/2023, dated 23-02-2023 of the Labour Department, Puducherry, to resolve the following dispute between the Petitioner and the Respondent, viz., (G.O. Rt. No. 30/AIL/Lab./S/2024, Puducherry, dated 12th March 2024)

NOTIFICATION

Whereas, an Award in I.D. (T) No. 7/2023, dated 30-11-2023 of the Industrial Tribunal, Puducherry, in respect of the industrial dispute between the management of M/s. REIL Electricals India Ltd., Puducherry and REIL Employees 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)

S. SANDIRAKUMARAN, Under Secretary to Government (Labour).

(a) Whether the dispute raised by the REIL Employees Union a g a i n s t t h e m a n a g e m e n t o f 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 reliefs, the workmen represented by the Union are entitled to?

(c) 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 hearing, both parties present. Memo filed by Petitioner stating that the petitioner Union has collectively decided to settle the matter out of Court with the respondent directly. Memo is recorded.

In the result, this reference is closed for settlement of the dispute out side the Court as per the Memo filed by Petitioner. There is no order as to costs.

Written and pronounced by me in the open Court on this the 30th day of November, 2023.

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

Present : Thiru G.T. Ambika, M.L., PGDCLCF.,

Presiding Officer.

G.T. AMBIKA, Presiding Officer, Industrial Tribunal-cum- Labour Court, Puducherry.

Thursday, the 30th day of November, 2023