[297]

ÿ√VÚ·¶¬ÔD

SOMMAIRES

CONTENTS

√¬ÔD

Page

Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ ..

298

Sentence arbitral du Travail

.. 298

Award of the Labour Court .. 298

de Tribunal

∂´∑ ∂§s¬ÁÔÔ^

..

303

Notifications du Gouvernement .. 303

Government Notifications

.. 303

ƒVu≈§¬ÁÔÔ^

..

309

Annonces

.. 309

Announcements

..

309

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 }

∞©´_ |

16 {

No.

16

Poudouchéry

Mardi

16

Avril

2024 (27 Chaitra 1946)

No.

Puducherry

Tuesday

16th

April

2024

Registered with the Registrar

of Newspapers for India

under No. 10410

298

LA GAZETTE DE L’ETAT

[16 April 2024

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 31/AIL/Lab./T/2024,

Puducherry, dated 12th March 2024)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 28/2015, dated

20-12-2023 of the Labour Court, Puducherry, in respect

of the dispute between the management of M/s. Poorvika

Mobile World Limited, Puducherry and its workman

Thiru N. Narayanasamy over non-employment and

disablement compensation 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)

S. SANDIRAKUMARAN,

Under Secretary to Government (Labour).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

Present : Tmt. G.T. AMBIKA, M.L., PGDCLCF.,

Presiding Officer.

Wednesday, the 20th day of December, 2023

I.D. (L) No. 28/2015

CNR. No. PYPY06-000075-2015

Narayanasamy,

S/o. Nagappan,

No.10, Murugal Koil 2nd Street,

Pudhu Nagar,

Katterikuppam and Post,

Mannadipet Commune,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. Poorvika Mobile World Limited,

No. 181, Anna Salai,

Puducherry.

. . Respondent

This Industrial Dispute coming on 15-11-2023

before me for final hearing in the presence of

Thiruvalargal L. Rajendiran and R.T. Shankar, Counsel

for the Petitioner and Thiruvalargal R. Rajaprakash and

V. Veeraragavan, Counsel for the Respondent, upon

hearing both sides, upon perusing the case records,

after having stood over for consideration till this day,

this Court passed the following:

AWARD

This Industrial Dispute arises out of the reference

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

No. 52/AIL/Lab./J/2015, dated 18-06-2015 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

N. Narayanasamy against the Management of

M/s. Poorvika Mobile World, Puducherry over his

non-employment is justified? If justified, what relief

petitioner is entitled to?

(b) Whether the claim of the petitioner for the

reimbursement of medical expenses incurred by him

for his treatment at PIMS, since he met with an

accident during the course of employment and his

claim of disablement compensation as per Act is

justified? If justified, what relief the petitioner is

entitled to?

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

of money if, it can be so computed?

2. The averments set forth in the claim petition is

as follows:

(i) The petitioner was working from 24-07-2010

under the respondent management, i.e., Poorvika

Mobiles World Limited, at No. 181, Anna Salai,

Puducherry. As per the instructions of the respondent

management to have advertisement work at

marakanam he along with another employee attended

the company work at marakanam and after completing

the work, while returning to Puducherry at

Annumanthai he met with an road traffic accident

during the course of employment on 16-06-2013 at

about 2.00 p.m. and sustained serious spinal injury.

(ii) The

petitioner

family

contacted

the

respondent/management and they assured to extend

medical benefits and to provide employment to the

petitioner and also for reimbursement of the medical

expenses as there was no insurance coverage under

E.S.I. Act and the petitioner was admitted at PIMS

hospital for treatment. The petitioner undergone

surgery as inpatient for more than 15 days and after

surgery he was bedridden and took treatment as

outpatient for nearly four months.

299

16 April 2024]

LA GAZETTE DE L’ETAT

(iii) The petitioner approached the management to

provide employment after the medical checkup and

as the Doctor certified him fit to perform his

duty. The management did not allow him to enter

the mobile shop and also refused to provide

employment and to refund the medical expenses. The

accident occurred only during office hours and the

management registered in E.S.I. only in the month of

February 2014 and only in the month of February the

petitioner submitted his family photo and the E.S.I.

temporary identity certificate provided only on

21-03-2014.

(iv) As there was no ESI coverage at the time of

accident, the petitioner had no right to claim benefit

under ESI Act for medical treatment. The petitioner

sustained injury only at the time of advertisement

work at Marakanam. Therefore, the petitioner

requested to provide employment with all legal

benefits and also provide medical expenses incurred

by his family members at PIMS hospital and also

disabled compensation as applicable under the Act.

(v) The management even though assured to

provide the employment during hospitalization of the

petitioner, but, refused to provide employment when

he approached for employment and compensation.

Therefore, he raised an Industrial Disputes before the

Labour Officer conciliation, Puducherry vide

representation, dated 13-03-2014 and 11-07-2014.

During the course of conciliation, there is no

representation from the management of Poorvika

Mobiles Limited, at Puducherry. As there is no

cooperation on the part of the management, the

conciliation proceedings ended in failure and referred

the matter to this Court.

3. The averments set forth in the counter is as

follows:

(i) The present Industrial Dispute as well as the

claim petition filed by petitioner is not maintainable

under Law. From the bare perusal of claim petition,

it is alleged that the respondent has not paid the ESI

contribution, therefore, the petitioner was not

beneffited under ESI Act. If, such the actual

grievance of petitioner, he ought to have approached

the ESI Corporation, Puducherry, for the alleged

non-payment of contribution by respondent. On the

other hand, the petitioner is also claiming

compensation and disablement compensation for the

alleged employment injuries sustained by him during

the course of employment. If, such is the actual facts

and grievance, the petitioner ought to have

approached the authority appointed under ESI Act.

Therefore, the present ID is not maintainable and

further, this Court may conduct the preliminary

enquiry on the above contentions before conducting

the full trial in the above Industrial Dispute.

(ii) The petitioner approached the ESI corporation

with a claim of refund of expenditures, who in turn

refused to entertain such claim citing that he has not

approached the ESI Hospital at first instance, but,

has taken complete treatment at PIMS Hospital

without getting approval from ESIC. The petitioner

is not in a position to file any claim petition under

Motor Vehicles Act as there is no FIR. Petitioner

devised a plan and opted to file such frivolous

petition against the respondent.

(iii) The petitioner is employed by respondent as

sales executive and it is true that he was assigned

an advertisement work at Marakanam on 16-06-2013

along with two other employees namely, Thiruvalargal

R. Thulasiraman and P. Vasanthakumar with a clear

and categorical instruction to go by bus to

Marakanam, but, the petitioner breached the very

condition imposed and went in two wheeler that too

in triples without wearing helmet and therefore, the

petitioner himself is liable for injuries sustained to

him and hence, the respondent is not liable to pay

any compensation.

(iv) The petitioner is covered under the ESI Act.

The ESI number was provided to him as early as from

27-04-2011, which is mentioned even in his monthly

salary slip. The truth of the matter is immediately

after the accident the petitioner was taken to PIMS

hospital. The other two employees intimated the

respondent about the accident and the Branch

Manager visited the petitioner at PIMS Hospital and

given a sum of ` 10,000 towards advance. The

respondent is not only paying ESI contribution to

its employees but also taking private insurance with

New India Assurance Co. Limited. The petitioner

submitted a claim of ` 15,588 to the respondent, who

in turn processed his claim form with its insurance

company and settled a sum of ` 8,391 from the

insurance and the respondent settled ` 6,265 to the

petitioner. But, with ulterior motives to extract and

extort money from respondent, the petitioner now

filed the present petition.

(v) The petitioner informed the respondent that

he could not immediately report to duty and he

requested the respondent to grant leave which was

accepted and paid monthly salary to petitioner till

December, 2013. The petitioner approached the

respondent with a request of employment who in turn

employed the petitioner on the same role which was

continued for 5 days by petitioner. Thereafter, the

petitioner himself has claimed that he could not stand

for long hours therefore, he is given up his

employment with respondent. Hence, it is very clear

that the respondent has not terminated the petitioner,

300

LA GAZETTE DE L’ETAT

[16 April 2024

but, it was the petitioner who informed the

respondent that he is moving from the respondent

because of the reason that he could not stand

for long. The respondent is still willing to

provide employment to petitioner by application

of principle of “No Work No Pay”. The petitioner

is now working in a private company at NRS mobile,

Villianur as Lava Promoters. Hence, the claim of

petitioner is liable to be dismissed.

4. Points for determination:

1. Whether the accident has occurred during the

course of employment and the injury sustained by

the petitioner is an employment injury?

2. Whether the petitioner is entitled for

reimbursement of medical expenses incurred by the

petitioner?

3. Whether the petitioner is entitled for disablement

compensation as claimed by the petitioner?

4. Whether the petitioner is entitled for the relief

of reinstatement with full back wages, continuity of

service and all other attendant benefits?

5. Whether the dispute raised by the Petitioner

over his non-employment is justified or not?

6. To what other relief the Petitioner is entitled to?

5. On the side of Petitioner, the Petitioner himself

was examined as P.W.1 and Exs.P1 to P10 was marked.

On the respondent side Mr. L. Ezhilarasan Branch

Manager of Respondent Management was examined as

R.W.1 and through him Exs.R1 to R8 were marked.

Mr. Dr. G. Parabakaran was examined as RW2 and Ex.C1

was marked through him.

6. On points 1 to 6:

The contention of the petitioner is that when the

petitioner was working in the respondent shop, the

respondent management had instructed the petitioner

to do advertisement work on 16-6-2013 in a place

called Marakanam along with two other employees

and thereby, the petitioner went to Marakanam along

with two employees and after completion of

advertisement work when the petitioner was

returning to Puducherry, the petitioner had met with

road accident and thereby sustained serious spinal

injury and the said accident had taken place during

the course of employment and when the family

members of the petitioner had immediately contacted

the respondent management it was assured by the

respondent to extend medical benefits to the

petitioner and to reimburse the medical expenses and

provide employment to the petitioner. Further, the

contention of the petitioner is that the father of the

petitioner had admitted the petitioner as inpatient in

the PIMS Hospital as there was no insurance

coverage under ESI Act and had spent several lakhs

amount for the treatment of the petitioner and later

when the petitioner recovered from the accidental

injuries and approached the respondent for work the

respondent has refused to provide job to the

petitioner and also refused to provide medical

expense and further, the respondent management got

registered with ESI only in the month of February,

2014 and provided ESI temporary Identity Card to the

petitioner on 21-03-2014 and therefore, the

respondent is liable to pay medical expense and

compensation and employment to the petitioner as

the respondent management had not paid the ESI

subscription properly and there was no ESI coverage

during the time of accident.

7. Whereas, the contention of the respondent is that

it is true that the respondent had assigned an

advertisement work at Marakanam on 16-06-2013 to the

petitioner and other two of its employees namely,

Thiruvalargal R. Thulasiraman and P. Vasanthakumar

with clear instructions to go by bus, but, the petitioner

had breached the said conditions and traveled in a two

wheeler with the said two employees without wearing

helmet and thereby the petitioner himself is liable for

the injuries sustained by him and hence, the respondent

is not liable to pay any compensation to the petitioner.

The further contention of the respondent is that the

petitioner is covered under ESI Act because the

respondent is not only paying ESI subscription, but,

also has taken private insurance to its employees and

thereby the petitioner ought to have taken treatment at

ESI hospital, but, has taken treatment at PIMS Hospital

at his own risk for which the respondent is not liable

to pay any medical expenses and further the respondent

has paid an advance amount of ` 10,000 at PIMS

Hospital and that apart when the petitioner has raised

claim for ` 15,588 the insurance company has settled a

sum of ` 8,391 and the respondent had paid ` 6,265

directly to the petitioner. It is the further contention of

the respondent that as the petitioner could not

immediately report to the duty the respondent on

humanitarian ground has paid monthly salary to the

petitioner till December, 2013 and later when, the

petitioner approached the respondent for work the

respondent had provided work to the petitioner but it

was the petitioner who himself has left the job stating

that he could not stand in the shop for hours, but,

however still the respondent is willing to provide

employment to the petitioner on the principle of

“No Work No Pay”.

8. In this case, the respondent admits that the

respondent management has instructed the petitioner

to do advertisement work at Marakanam on 16-06-2013

301

16 April 2024]

LA GAZETTE DE L’ETAT

along with its two employees, but, contends that it was

the specific instruction of the respondent to the

petitioner that the petitioner had to commute by bus,

but, the petitioner violated the said instruction and had

travelled in a two wheeler along with the two other

employees without wearing helmet and thereby, it

cannot be said that the petitioner has sustained

employment injury. When, it is the specific contention

of the respondent that the respondent had instructed

the petitioner and two of its employees to commute by

bus then it is for the respondent to prove the same. The

respondent in this case has not examined either the

other two employees who traveled with the petitioner

or the concerned official who gave instruction to the

petitioner. That apart the R.W.1 during his cross-

examination has deposed that the respondent

had conducted enquiry as to why the other two

employees namely, Thiruvalargal R. Thulasiraman and

P. Vasanthakumar had travelled with the petitioner in a

two wheeler and further, deposed that the enquiry was

not conducted by issuing written notice regarding the

same.

9. This Court finds that had it been true that the

petitioner and other two employees were directed to

commute by bus to Marakanam and the employees have

breached such condition then the respondent at the

earliest point of time ought to have initiated enquiry or

call for explanation from the other two employees for

such conduct, but, in this case no such documents has

been produced to substantiate that the respondent has

taken action against the employees for alleged breach

of instructions. Therefore, in the said context this Court

finds that the contention of the respondent that the

respondent had instructed the petitioner and other two

employees to commute for advertisement work at

Marakanam by bus is found to be an after thought and

evasive one and stands unproved.

10. As the accident has occurred during the course

of employment and the injuries sustained by the

petitioner is also out of and in the course of his

employment this Court holds that the injury sustained

by the petitioner is employment injury. Now, the next

question that arises for consideration is whether the

petitioner ought to have taken treatment at ESI hospital

and not in a private hospital. The contention of the

respondent is that the respondent had been paying ESI

contribution and therefore, the petitioner ought to have

taken treatment at ESI Hospital. Whereas, the

contention of the petitioner is that the respondent has

not paid the ESI contribution regularly and further, only

in the month February, 2014 the respondent has

registered with ESI Corporation and thereafter has

issued ESI temporary Identity Certificate only on

21-03-2014.

11. The petitioner to substantiate the same has

produced Ex.P5 ESI temporary Identity Certificate and

on perusal of the same it is found that it is dated

31-03-2014. When, it is the contention of the respondent

that as stated in Ex.P5 the date of registration of

respondent concern with ESI Corporation was on

27-04-2011 and thereafter onwards the ESI contribution

was regularly paid to ESI Corporation and as on date

of accident there was the ESI benefits coverage then it

is for the respondent to substantiate the same. The

respondent during the cross-examination of P.W.1 has

suggested that in the salary receipt issued by the

respondent the ESI number details are available, the

P.W.1 by way of reply has deposed that the P.W.1 was

not given any salary receipt at any point of time and

he was given only Ex.P5 ESI temporary Identity

Certificate after completion of all treatments.

12. Thus, from the evidence of P.W.1 and Ex.P5 ESI

temporary Identity Certificate it could be inferred that

the case of the petitioner is that at the time of accident

he was not issued any ESI Identity Card and there was

no any ESI benefit coverage and further, the respondent

has not issued any salary receipt with ESI details to the

petitioner at any point of time. Whereas, the contention

of the respondent by way of cross-examination of P.W.1

is that in the salary receipt issued to the petitioner the

ESI details will be available. The respondent to

substantiate that in the salary slip issued by the

respondent the ESI details are available has produced

Exs.R2 to R7. On perusal of Exs.R2 to R7 it is found that

they are Salary receipt for the Month of May 2013 to

August 2013 and, November and December 2013 and

further, in the said salary receipt the ESI number is also

mentioned.

13. However, this Court finds that R.W.1 during his

cross-examination has deposed that the respondent

while disbursing salary used to affix stamp and obtain

the signature of the concerned employees in the Salary

receipt but on perusal of Exs.R2 to R7 it is found that

in the salary receipt there is either such stamps have

been affixed or signature of the petitioner is available.

The R.W1 during his cross-examination has admitted the

same and has deposed that Exs.R2 to R7 were

downloaded documents. This Court finds that when it

is the specific contention of the respondent that the

respondent used to affix stamps and obtain signature

of its employees in the salary receipt then in such case

the same ought to have been produced before this

Court, but, the respondent on other hand has produced

salary receipts which are stated to be downloaded one

and thereby this Court concludes that the genuineness

of Exs.R2 to R7 are doubtful and cannot be relied by

this Court.

302

LA GAZETTE DE L’ETAT

[16 April 2024

14. Therefore, this Court holds that the respondent

has failed to prove that ESI contribution was regularly

paid by the respondent and further, during the period

of accident ESI benefits coverage was available to the

petitioner. Hence, in the said context, this Court holds

that the respondent cannot contend that the petitioner

ought to have taken treatment at ESI Hospital and not

at PIMS Hospital. Hence, as the injury sustained by the

petitioner was of employment injury this Court holds

that the respondent is liable to pay the medical expense

and loss of income to the petitioner. The petitioner has

produced Ex.P8 bills issued by PIMS. On perusal of

Ex.P8 it is found that the total medical bills amount

comes to ` 22,926. The R.W.1 during his re-examination

has deposed that apart from ` 10,000 the respondent has

reimbursed 80% of Medical bills to the petitioner

through Medi Assist Company. This Court on perusal

of evidence of R.W.1 finds that the petitioner has not

disputed the same by way of further examination of

R.W.1. Further, more the petitioner has produced Ex.P10

letter issued by PIMS Hospital to Medi Assist India

certifying that at the time of accident the petitioner was

not under the influence of Alcohol and to do the

needful. Thus, from the evidence of P.W.1 and R.W.1

and Ex.P10 it could be inferred that the medical claim of

petitioner is found to have been settled through Medi

Assist India. Therefore, out of medical bills amount of

` 22,926 the respondent is found to have settled 80%

of bill amount that is ` 18,340 and hence, the respondent

is liable to pay balance medical bills amount of ` 4,586

to the petitioner.

15. As per Ex.P3 Discharge Summary, there is no any

finding that the petitioner when brought to hospital was

under the influence of alcohol and further, in Ex.P10 it

is clearly stated by the PIMS Hospital that the petitioner

was not under the influence of alcohol at the time of

admission. Therefore, the contention of the respondent

that at the time of accident the petitioner was under the

influence of alcohol is found to be an after thought

defence taken by the respondent. Similarly, the

contention of the respondent that the petitioner had

travelled in the two wheeler in triples and without

wearing helmet also stands unproved by the

respondent.

16. The yet another contention of the petitioner is

that the petitioner is entitled for loss of income from

the respondent. As per the evidence of P.W.1 during

cross-examination it is deposed that the respondent has

paid 50% of salary to the petitioner till December, 2013.

However, it is found that the petitioner has neither

deposed the quantum of monthly salary nor produced

any document to substantiate his monthly salary.

Therefore, in the said context this Court is unable to

compute and conclude any loss of income for the period

from July, 2013 to December, 2013. As per Ex.C1 the

percentage of disability is shown as 10%. Therefore, this

Court finds that it would be appropriate to direct the

respondent to pay a consolidated amount of ` 50,000

towards disability.

17. It is the case of petitioner that when he

approached the respondent in the month of February,

2014, the respondent refused to give employment to the

petitioner and whereas, it is the contention of the

respondent that it was the petitioner who had

abandoned the work stating that he was unable to stand

in the shop for hours and further, the respondent is

willing to provide employment to the petitioner at any

time on the basis of “No work No pay” but, the

respondent has not produced any document to

substantiate the same. The R.W.1 also admitted that the

respondent has not issued any notice to the petitioner

as to why the petitioner has not reported to duty. Hence,

in the said circumstances the contention of the

respondent that the petitioner himself has abandoned

the work stands unproved. Therefore, this Court holds

that the petitioner is entitled for the relief of

reinstatement with back wages.

18. Now, coming to the aspects of back wages and

other attendant benefits is concerned, this Court finds

that in this case the respondent has not proved that

the Petitioner was gainfully employed anywhere else

and earning income. However, it is found that the

Petitioner was sustaining his day to day life even in this

situation and the same could not be done without any

income. Hence, this Court on considering the

circumstances, deems fit that the Petitioner is entitled

for 30% back wages with continuity of service and

other attendant benefits. Thus, the points are answered

accordingly.

In the result this petition is allowed by holding that

the industrial dispute raised by the Petitioner as against

the Respondent Management over his non-employment

is justified and the Respondent Management is directed

to reinstate the Petitioner into service within two

months from the date of this Award and further, directed

to pay 30% of back wages from January, 2014 to till the

date of reinstatement with continuity of service and

other attendant benefits and further, directed to pay the

balance medical expense of ` 4,586 and compensation

of ` 50,000 towards temporary disablement. There is no

order as to costs.

Dictated to the Stenographer, transcribed by him,

corrected and pronounced by me in open Court on this

the 20th day of December, 2023.

G.T. AMBIKA,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

303

16 April 2024]

LA GAZETTE DE L’ETAT

List of petitioner’s witness :

PW1

— 26-04-2018 Thiru Narayanasamy

(Petitioner herein).

List of petitioner’s exhibits :

Ex.P1 — 05-12-2014 Photocopy of the Conciliation

Failure Report.

Ex.P2 — 18-06-2015 Reference of the Labour

Department, Puducherry.

Ex.P3 — 24-06-2013 Photocopy of the Discharge

Summary issued by the PIMS

Hospital.

Ex.P4 — 04-01-2014 Payment Voucher issued by

the Respondent.

Ex.P5 — 31-03-2014 Photocopy of the ESI Temporary

Identity Certificate.

Ex.P6 — 23-07-2010 Photocopy of the Appointment

Letter

issued

by

the

Respondent.

Ex.P7 —

—

Photocopy of the PIMS

Hospital Medical Records.

Ex.P8 —

—

Photocopy of the PIMS

Hospital Medical Records.

Ex.P9 —

—

Photocopy of the Identity

Card

issued

by

the

Respondent.

Ex.P10 — 21-06-2013 Photocopy of the No drunk

letter

issued

by

PIMS

Hospital, Puducherry.

List of respondent’s witnesses :

RW1

— 10-10-2019 Mr. Ezhilarasan, Branch

Manager of the Respondent

Management.

RW2

— 19-07-2023 Mr. Dr. Prabakaran, H.O.D.,

I.G.P.G.I, Puducherry.

List of respondent’s exhibits :

Ex.R1 — 10-10-2019 Photocopy

of

the

Authorization letter.

Ex.R2 — 14-03-2014 Photocopy of the Salary Slip

of the petitioner for the

month of May 2013.

Ex.R3 — 14-03-2014 Photocopy of the Salary Slip

of the petitioner for the

month of June 2013.

Ex.R4 — 14-03-2014 Photocopy of the Salary Slip

of the petitioner for the

month of July 2013.

Ex.R5 — 14-03-2014 Photocopy of the Salary Slip

of the petitioner for the

month of August 2013.

Ex.R6 — 14-03-2014 Photocopy of the Salary Slip

of the petitioner for the

month of November 2013.

Ex.R7 — 14-03-2014 Photocopy of the Salary Slip

of the petitioner for the

month of December 2013.

Ex.R8 — 27-04-2011 Photocopy of the ESIC

Employees details of the

petitioner.

List of court’s exhibits :

Ex.C1 — 11-08-2022 Disability Certificate issued

by

the

Medical

Board,

I.G.G.G.H.

and

P.G.I.,

Puducherry.

G.T. AMBIKA,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 38/Lab./AIL/S/2024,

Puducherry, dated 21st March 2024)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. Indian Red Cross Society, Health Department,

Puducherry and the Mission Director, Puducherry State

Health Mission, Puducherry, against the Puducherry,

Karaikal and Yanam Health Departments, 108 Ambulance

Service

Drivers Association,

Puducherry,

over

Regularization 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 23-05-1991 of

the Labour Department, Puducherry, to exercise the

powers conferred by clause (d) of sub-section (1)

of section 10 of the Industrial Disputes Act, 1947

(Central Act XIV of 1947), it is hereby directed by the