450
LA GAZETTE DE L’ETAT
[11 June 2024
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Rt. No. 53/AIL/Lab./S/2024,
Puducherry, dated 23rd April 2024)
NOTIFICATION
Whereas, an Award in I.D. (L) No. 37/2022,
dated 18-01-2024 of the Labour Court, Puducherry,
in respect of the industrial dispute between the
management of M/s. ATC Chemicals India Private
Limited, Puducherry and All India United Trade
Union Centre (AIUTUC), over non-employment of
Tmt. M. Selvi 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 23-05-1991, 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.
Thursday, the 18th day of January, 2024
I.D. (L) No. 37/2022
CNR. No. PYPY06-000112-2022
The President/Secretary,
All India United Trade Union Centre (AIUTUC),
No. 117, 1st Floor, Cuddalore Road,
Puducherry.
. . Petitioner
Versus
The Managing Director,
M/s. ATC Chemicals India Private Limited,
R.S. No. 14/4-15/10-B, Kaviarasan Road,
Sedarapet, Puducherry.
. . Respondent
This Industrial Dispute coming on this day before
me for hearing in the presence of Petitioner/Union
appearing as party in person and Mr. G. Krishnan,
Counsel appearing for respondent and upon hearing the
learned Counsel for petitioner and on perusing the entire
records of the case, having stood over for consideration
till this date, 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. 158/Lab./AIL/T/2022, dated 20-10-2022 of the Labour
Department, Puducherry, to resolve the following
industrial dispute between the Petitioner and the
Respondent, viz.
(i) Whether the dispute raised by the All India
United Trade Union Centre against the management
of M/s. ATC Chemicals India Private Limited,
Puducherry, over non-employment of Tmt. M. Selvi
with continuity of service along with back wages,
medical claims and other attendant benefits is
justified or not? If justified, what relief she is entitled
to?
(ii) To compute the relief if any, awarded in terms
of money if, it can be so computed.
2. The brief averments set out in the claim statement
is as follows:
That the petitioner is working in the respondent
company from 01-01-2012 onwards as a permanent
work woman and while so on 17-7-2020 the H.R.
Manager of the respondent company instructed all
the women employees to clean the chemical tank, and
when the petitioner was cleaning the tank the
petitioner has slipped and fallen down in the tank and
due to which the petitioner sustained grievous
injuries in the hands, legs and hip, and thereafter, the
petitioner took treatment in a private hospital and at
JIPMER hospital by spending more than ` 10,000 and
later, when the petitioner reported to duty after
expiry of medical leave on 18-08-2020, the respondent
refused to provide work to the petitioner and the
repeated request of the petitioner was declined and
therefore, the petitioner had approached the
Conciliation Officer, Labour Department through the
petitioner Union but, the same also ended in failure
and therefore, the present dispute has been raised
by the petitioner.
3. In this case, notice to respondent was duly served
and vakalath was filed but, however, later the
respondent has remained ex parte.
4. On the side of petitioner P.W.1 was examined and
Exs.P1 to P17 were marked.
451
11 June 2024]
LA GAZETTE DE L’ETAT
5. The point for determination is :
1. Whether the dispute raised by petitioner over
her non-employment is justifiable or not?
2. Whether the petitioner is entitled for the reliefs
as claimed in the claim statement?
6. On Points 1 and 2:
The case of the petitioner is that she was working
in the respondent company from 01-01-2012 onwards
as permanent work woman and on 17-07-2020, the
H.R. Manager of the respondent company has
instructed the petitioner to clean the chemical tank
and while the petitioner was cleaning the tank, the
petitioner had slipped and fallen down and due to
which the petitioner had sustained grievous injuries
in her hands, legs and hip, and took treatment for
the same by spending more than ` 10,000 and on
18-08-2020, when, the petitioner reported to duty after
expiry of medical leave, the respondent management
declined to provide her job and thereby, the
petitioner approached the Conciliation Officer and
thereafter, has raised this dispute.
7. The petitioner to substantiate her claim has
examined P.W.1 and marked Exs.P1 to P17 but, on the
other hand, the respondent has remained ex parte and
thereby, the case of the petitioner remains unchallenged
by the respondent. This Court on perusal of evidence
of P.W.1 and the exhibits relied by the petitioner finds
that the petitioner has proved her claim. Thus, this Court
on considering the claim of the petitioner and above
discussions holds that the industrial dispute raised by
the petitioner is justifiable one.
8. In this case, the petitioner claims medical
expenses but, however, the petitioner has not produced
any receipt for the same. This Court on perusal of Ex.P11
finds that it is stated that the petitioner had swelling in
right hand. It is the case of the petitioner that she took
treatment by spending more than ` 10,000. Hence, this
Court on considering the nature of injuries mentioned
in Ex.P11 and in the absence of production of any
medical receipts finds that it would be appropriate to
grant ` 10,000 as medical expense to the petitioner.
In the result, this industrial dispute is allowed by
directing the respondent to reinstate the petitioner with
continuity of service and with back wages and other
attendant benefits and further directed to pay ` 10,000
towards medical expense. There is no order as to costs.
Dictated to the Stenographer, transcribed by her
corrected and pronounced by me in the open Court on
this the 18th day of January, 2024.
G.T. AMBIKA,
Presiding Officer,
Industrial Tribunal-cum-
Labour Court, Puducherry.
List of petitioner’s witness :
PW1
— 20-12-2023 Thiru S. Sivakumar
List of petitioner's side exhibits :
Ex.P1 — 07-10-2020 Copy of the letter sent by
Tmt. Selvi to the Management.
Ex.P2 — 29-12-2020 Copy of the letter sent by
Tmt. Selvi to the Management.
Ex.P3 — 08-03-2021 Copy of the Form-F.
Ex.P4 — 03-02-2022 Copy of the letter submitted
by the Management before
the Conciliation Officer.
Ex.P5 — 21-02-2022 Copy of the letter submitted
by the Petitioner before the
Conciliation Officer.
Ex.P6 — 26-05-2022 Copy of the letter submitted
by the Management before
the Conciliation Officer.
Ex.P7 — 26-07-2022 Copy of the letter submitted
by the Management before
the Conciliation Officer.
Ex.P8 — 20-09-2022 Copy of the failure report of
the Conciliation Officer.
Ex.P9 — 20-10-2022 Copy of the Notification.
Ex.P10 — 11-11-2020 Copy of the information
sought by the petitioner
through RTI.
Ex.P11 — 19-08-2020 Copy
of
the
Accident
Report – Form 17A.
Ex.P12 — 12-10-2020 Copy of the RT Form-1.
Ex.P13 — 19-10-2020 Copy of the RT Form-3.
List of respondent’s witnesses : Nil
List of respondent's side exhibits : Nil
G.T. AMBIKA,
Presiding Officer,
Industrial Tribunal-cum-
Labour Court, Puducherry.
