Puducherry Gazette, No. 25, 18 June 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. 25 Poudouchéry Mardi 18 Juin 2024 (28 Jyaistha 1946)

No. Puducherry Tuesday 18th June 2024

ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS

Page ✓¬ÔD Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 462 Sentence arbitral du Travail .. 462 Award of the Labour Court .. 462

de Tribunal.

∂´∑ ∂§s¬ÁÔÔ^ .. 464 Notifications du Gouvernement .. 464 Government Notifications .. 464 Œ©✓ ∂§s©AÔ^ .. 468 Avis d' appel d' offres .. 468 Tender Notices .. 468 g✓›>V™ WÆk™∫Ô^ .. 469 Etablissements dangereux .. 469 Dangerous Establishments .. 469

.. 470 Announcements .. 470 ƒVu≈§¬ÁÔÔ^ .. 470 Annonces

[461]462 LA GAZETTE DE L'ETAT [18 June 2024 AWARD GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

(G.O. Rt. No. 54/AIL/Lab./S/2024,

Puducherry, dated 23rd April 2024)

NOTIFICATION

W h e r e a s , a n Aw a r d i n I . D . ( L ) N o . 44/ 2 0 17, dated 31-01-2024 of the Labour Court, Puducherry, in respect of the industrial dispute between the management of M/s. Sri Manakular Motors, Mudaliarpet, Puducherry and Manakular Motors Thozhilalar Sangam, Puducherry, over non-employment of 61 workers 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)

This Industrial Dispute arises out of the reference made by the Government of Puducherry, vide G.O. Rt. No. 125/Lab./AIL/T/2017, dated 09-08-2017 of the Labour Department, Puducherry, to resolve the following dispute between the Petitioner and the Respondent, viz.

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 31st day of January, 2024

(a) Whether the dispute, raised by the Petitioner Manakular Motors Thozhilalar Sangam against the Management of M/s. Sri Manakular Motor, Mudaliarpet, Puducherry, over his non-employment of 61 workers namely, 1. R. Gopathi, 2. R. Santhosh, 3. G. Selvakumar, 4. A. Nataraj, 5. N. Kambadasan, 6. D. Patchaiyappan, 7. P. Prasad, 8. R. Muthukumaran, 9. S. Narasimman, 10. N. Ganapathy, 11. T. Sivaperumal, 12. C. Vengadesan, 13. R. Iyyappan, 14. R. Varadarajan, 1 5 . R . A r o k i a d a s s , 1 6 . M . K r i s i d i y a n M a y e e , 17. P. Saravanan, 18. K. Karthikeyan, 19. R. Arumugam, 20. V. Veeramuthu, 21. R. Ganesh, 22. S. Karthikeyan, 23. S. Manikandan, 24. G. Srinivsan, 25. N. Senthilkumar, 26. M. Sathish, 27. R. Umapathy, 28. M. Balamurugan, 29. G. Kandan, 30. E. Anandan, 31. S. Karunakaran, 32. A. Ramkumar, 33. A. Arivu, 34. E. Rajkumar, 35. R. Vadivel, 36. L. Veerabalan, 37. Anandakumar, 38. M. Dheenadayalan, 39. S. Vernkatesan, 40. K. Vallavan, 4 1 . G. P r a d e e s w a r a n , 4 2 . S . B a l a s u n d a r a m , 43. K. Kannadasan, 44. R. Vijayavely, 45. S. Kamalakannan, 46. T. Parthiban, 47. S. Nagaraj, 48. K. Ramesh, 49. R. Tamizhselvan, 50. M. Sakthivel, 51. M. Vadivel, 52. T. Moova, 53. J. Kabeerkhan, 54. M. Murugan, 5 5 . S . R a j a , 5 6 . P. P u g h a n t h i , 5 7 . R . S a n k a r, 58. V. Venkatachalam, 59. G. Ganesan, 60. S. Kandasamy and 61. A. Saravanan, is justified or not? If justified, what relief they are entitled to?

(b) To compute the relief if any, awarded in terms of money if, it can be so computed?

I.D. (L) No. 44/2017

CNR. No. PYPY06-000073-2017

2. The averments set forth in the petition is as

follows:

The Secretary Manakular Motors Thozhilalar Sangam, Puducherry.

. . Petitioner

Versus

The Managing Director, M/s. Sri Manakular Motors, Puducherry.

. . Respondent This Industrial dispute coming on 25-01-2024 b e f o r e m e f o r f i n a l h e a r i n g i n t h e p r e s e n c e o f Thiru D. Ilamparithi, Counsel for the Petitioner, Respondent remained ex parte and after hearing the Petitioner side and perusing the case records, this Court delivered the following:

The Petitioner Manakular Motors Thozhilalar Sangam having 61 number of workers working in the respondent company for more than 10 years and there is no remark at all as against the petitioners so far. The petitioners performed all works assigned by the respondent more than 12 hours without any safety, health, statutory leave or welfare and also the workers were getting very low salary, hence, the workers demanded wage increase/revision and E.S.I., E.P.F. benefits from the respondent management but t h e y w e r e n o t r e a d y t o i n c r e a s e t h e w a g e s . A Memorandum of settlement with the workers entered on 22-01-2015 to pay all the pending bonus,18 June 2024] LA GAZETTE DE L'ETAT 463 wages and incentive within a period of 20 working days starting from 24-01-2015 was not obeyed and further, the management lodged a false FIR against the innocent workers with the help of Mudaliarpet Police Station, Puducherry.

(ii) The respondent ignored the demands raised by the workers and thereby, the respondent started all sort of unfair labour practice as against the petitioners. The respondent management had threatened and simply thrown out the workers from the employment from 2014 onwards without any charges and reason which is against the principles of natural justice. Therefore, the petitioner approached the Labout Officer (Conciliation), Puducherry, for reinstatement and the same ended in vain. The management utilized the workers like slave and exploited their tender age and not considered their welfare and all other benefits which are enumerated in the labout laws. The respondent management denied the employment to the petitioners without following the mandatory procedures which is enumerated in the labour laws which is absolutely illegal and therefore, the respondent is liable to reinstate the petitioners with full back wages and continuity of service.

(iii) The respondent after accumulating huge wealth from the business, had sold the company and settled and the company is now not in existence at Pondicherry, the respondent by eating valuable work and life of the claimant created such wealth and hence, liable to compensate the claimants for loss of their life. Hence, the petitioners pray for reinstatement with full back wages and continuity of service or in the event of impossibility of reinstatement to give appropriate compensation.

3. Notice served to both the Petitioner and Respondent. Petitioner appeared and engaged an Advocate to represent him and filed claim statement but, the Respondent inspite of receipt of notice has remained absent and hence, the Respondent Management was set ex parte on 06-12-2022.

6. On the point:

The contention of the petitioner Union is that in the petitioner sangam, there are 61 members who are workmen working in the respondent management.

The further contention of the petitioner is that the abovesaid workmen have more than 10 years of service, but, the respondent management without providing overtime allowances and without following safety, healthy and statutory leave was extracting work from the workers by paying low salary and therefore, workmen demanded wage revision and other benefits and during the conciliation proceedings, the management agreed to settle the issues of bonus, wages and incentives as per settlement, dated 22-01-2015, but, later failed to settle the issues and therefore, the petitioner got direction to register FIR as against the management for misappropriation of P.F. amount and hence, the respondent resorted to all unfair labour practices and refused to provide employment to the members of the petitioner Sangam.

The further contention of the petitioner is that the conciliation proceedings also ended in failure and therefore, the present industrial dispute was raised.

7. In this case, the respondent inspite of receipt of notice has remained ex parte. This Court on perusal of evidence of P.W.1 finds that it is the case of the petitioner that the respondent has adopted unfair labour practice by not providing employment to 61 workmen.

8. This Court on perusal of evidence of P.W.1 and exhibits relied by the petitioner holds that the petitioner has proved the claim and further, the evidence of P.W.1 remains unchallenged and unrebutted by the respondent.

In this case, though the petitioners have stated in the claim petition that the business has been sold, but, to substantiate the same nothing has been produced and apart from that inspite of said averments the petitioners have sought for the relief of reinstatement with consequential benefits. Hence, this Court on considering 4. Point for determination:

Whether, the Petitioner Workmen are entitled for the prayer of reinstatement with consequential benefits or in the event of impossibility of reinstatement for compensation as prayed in the Claim Petition?

5. On Point:

Respondent remained ex parte and the Petitioner filed Proof affidavit and examined himself as PW1. Exs.P1 to P4 were marked.

the above submissions holds that the petitioner workmen are entitled for the claim as made in the claim statement. Thus, the dispute raised by the petitioner is held to be justified.

In the result, this industrial dispute petition is allowed and the respondent management is directed to reinstate the petitioner workmen with full back wages and continuity of service and all attendant benefits. There is no order as to costs.

Partly typed by the Stenographer, partly typed by me in my laptop, corrected and pronounced by me in open Court on this the 31st day of January, 2024.

(G.O. Ms. No. 3, Puducherry, dated 31st May 2024)

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

NOTIFICATION

List of petitioner's witness :

PW1 — 19-12-2022 Thiru R. Santhosh O n a t t a i n i n g t h e a g e o f s u p e r a n n u a t i o n , Thiru M. Pugazhendi, Assistant Commissioner (ad hoc basis) o f t h e C o m m e r c i a l Ta x e s D e p a r t m e n t , P u d u c h e r r y, i s a d m i t t e d i n t o r e t i r e m e n t o n t h e a f t e r n o o n o f 31-05-2024.

(By order)

List of petitioner's exhibits :

Ex.P1 — 22-06-2017 Photocopy of the notice of enquiry/conciliation issued by the Labour Officer (Conciliation).

L. MOHAMED MANSOOR, Additional Secretary to Government (Commercial Taxes).

————

GOVERNMENT OF PUDUCHERRY DIRECTORATE OF SCHOOL EDUCATION Ex.P2 — 22-01-2015 Photocopy of the Memorandum of Settlement arrived between the Respondent and petitioner in conciliation.

(SECRETARIAT WING)

(G.O. Ms. No. 05, Puducherry, dated 6th June 2024)

Ex.P3 — 31-08-2015 Photocopy of the FIR in Crime No.:82/2015 against the respondent.

Ex.P4 — 29-04-2015 Certified copy of Form-A certificate of respondent company.

ORDER

List of respondent's witnesses : Nil

The Notice of voluntary retirement given, under rule 48 (A) of Central Civil Services (Pension) Rules, 1972, by Thiru J. Augustine, Vice-Principal, NKC Government Girls Higher Secondary School, Kurusukuppam, Puducherry, is accepted. Accordingly, he is admitted into voluntary retirement with effect from the afternoon of 31-07-2024.

List of respondent's exhibits : Nil

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

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(By order of the Lieutenant-Governor)

F.P. VERBINA JAYARAJ, Under Secretary to Government

(School Education).

F. No. 25-81/AE-IV/JE(6)/OM/2021-22.

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