Registered with the Registrar of Newspapers for India under No. 10410
La Gazette de L' État de Poudouchéry The Gazette of Puducherry
➢ ➢ Publiée par Autorité Published by Authority ▪ ➢ 2024 } | 25 {
No. 26 Poudouchéry Mardi 25 Juin 2024 (4 Asadha 1946) No. Puducherry Tuesday 25th June 2024
➢ SOMMAIRES CONTENTS
Page Page
➢ .. 476 Sentence arbitral du Travail .. 476 Award of the Labour Court .. 476
de Tribunal.
• .. 477 Notifications du Gouvernement .. 477 Government Notifications .. 477 .. 484 Avis d' appel d' offres .. 484 Tender Notices .. 484
.. 485 Announcements .. 485 .. 485 Annonces
.. 488 Corrigendum .. 488 Corrigendum .. 488
[475]476 LA GAZETTE DE L'ETAT [25 June 2024 GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT
(G.O. Rt. No. 55/AIL/Lab./S/2024, Puducherry, dated 23rd April 2024)
NOTIFICATION
Whereas, an Award in I.D (L) No. 20/2023, dated 03-01-2024 of the Labour Court, Puducherry, in respect of dispute between the M/s. Berger Paints India Limited, Puducherry and All India United Trade Union Centre, over his non-employment of Thiru P. Kuppusamy 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 03rd day of January, 2024.
I.D. (L). No. 20/2023 CNR. No. PYPY06-000074-2023 The Secretary, All India United Trade Union Centre (AIUTUC), No. 117, 1st Floor, Cuddalore Road, Puducherry.
. . Petitioner
Versus
The Managing Director, M/s. Berger Paints India Limited, No. 53/56, Pandasozhanallur Village, Nettapakkam Commune, Puducherry-605 106.
. . Respondent This industrial dispute coming on 03-01-2024 before me for final hearing in the presence of petitioner workman having appeared in person and Thiruvalargal L. Sathish, S. Sudarsanan and E. Madhivanan, Counsels 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. 63/Lab./AIL/T/2023, dated 12-04-2023 of the Labour Department, Puducherry, to resolve the following dispute between the Petitioner and the Respondent, viz., (a) Whether the dispute raised by the All India United Trade Union Centre, against the management of M/s. Berger Paint India Limited, Puducherry, over non-employment of Thiru P. Kuppusamy along with back wages is justified or not? If justified, give appropriate direction?
(b) To compute the relief if any, awarded in terms of money if, it can be so computed?
2. This Court on perusal of case records finds that the reference has been made by Labour Officer (Conciliation), in respect of the dispute raised by the petitioner Trade Union, over the non-employment of Thiru P. Kuppusamy with effect from 21-10-2021 with back wages. On perusal of failure report, this Court finds that the case of the petitioner Union is that the workman of the petitioner Union had been working in the respondent company since 02-06-1997 and while so, the petitioner workman sent a petition, dated 21-10-2021 t o t h e m a n a g e m e n t t o t a k e a c t i o n a g a i n s t o n e Thiru Srinivasan, Supervisor, but, the management instead of taking action against the said Srinivasan had suspended the petitioner workman from service on 21-10-2021 and thereafter without proper Departmental inquiry has terminated the petitioner workman. Therefore, the petitioner workman has raised the industrial dispute for reinstatement and as the dispute could not be settled before the Conciliation Officer, the reference is made to this Court.
3. In this case, notice were issued to both parties and on 16-10-2023, the learned Advocate Mr. L. Sathish has filed Vakalath for respondent and on 11-12-2023 the petitioner workman was present and the case was a d j o ur ne d t o 0 3 - 0 1 - 2 0 2 4 fo r f i l i n g V a k a l a t h fo r the petitioner Union.
4. Today, the worker who was said to have been terminated by the respondent management namely, P. Kuppusamy has appeared in person and the learned Counsel for the respondent has filed memo stating that after negotiations and deliberations the 18(1) settlement, has been entered on 03-01-2024 between the petitioner25 June 2024] LA GAZETTE DE L'ETAT 477 workman and the respondent management. The learned Counsel for respondent has filed copy of 18(1) settlement entered between workman and the respondent management. This Court to satisfy the genuineness of the settlement produced before the Court has questioned the abovesaid Mr. P. Kuppusamy and he accepted that the signature as found in 18(1) settlement is that of his signature and further admitted that in lieu of the said settlement he has received full and final settlement from the respondent company, except Provident Fund and Gratuity for which steps has been initiated.
5. Hence, this Court, on considering the 18(1) settlement entered between both parties, finds that the points of dispute for adjudication referred by Labour Officer (Conciliation) has become infructuous and does not deserve any consideration. Thus, the 18(1) settlement filed by the parties is hereby recorded.
In the result this Industrial Dispute is disposed in terms of the settlement arrived under section 18(1) of the Industrial Disputes, Act, 1947 and the Award is passed accordingly. The settlement entered under section 18(1) of Industrial Disputes Act by both the parties shall form part and parcel of the Award. There is no any order as to costs.
Dictated to the Stenographer, transcribed by her, corrected and pronounced by me in the open Court on this 03rd day of January, 2024.
G.T. AMBIKA, Presiding Officer, Industrial Tribunal-cum- Labour Court, Puducherry.
GOVERNMENT OF PUDUCHERRY HINDU RELIGIOUS INSTITUTIONS AND WAQF (G.O. Ms. No. 67/CHRI/T.3/2024/199, Puducherry, dated 11th March 2024)
ORDER
Adverting to the Order, dated 30-06-2023 of the H o n 'b l e H i g h C o u r t o f J u d i c a t u r e a t M a d r a s i n W.P. nos. 34726 of 2022 & 3241 of 2023 and G.O. Ms. No . 1/ C HRI /T.2/ 2 02 3 , dat ed 14 -0 7 -2 0 2 3 , and in exercise of t he power s confe rre d under the Puducherry Hindu Religious Institutions Act, 1972, T hiru T. Manivannan, s/o. Tanigassalame, Trained Graduate Teacher, Pandit Duraisamy Government High School, Pethuchettipet, Puducherry, is hereby appointed as Temple Administrative Officer of Arulmigu Sivasubramaniyaswamy and Arulmigu Balamuthumariamman Devasthanam, Lawspet, Oulgaret Municipality, Puducherry, on honorary basis. The Temple Administrative Officer shall administer the said Devasthanam as envisaged in the provisions of the Puducherry Hindu Religious Institutions Act, 1972 and the rules framed thereunder.
Important duties and responsibilities of the Temple Administrative Officer are given below :
(i) To take over the administration of the said Devasthanam along with movable and immovable assets;
(ii) Submission of compliance report on taking over of the administration of the temple along with the details of movable and immovable properties with a period of fifteen days from taking over the administration;
(iii) Submission of annual report on maintenance of movable and immovable assets including the cleaning and desilting of temple ponds;
(iv) To coordinate and facilitate the completion of work undertaken by donors as per rule 13 (9); (v) Submission of annual budget by March as per rule 13 of the Act;
(vi) To maintain accounts as per sections 14 to 17 of Hindu Religious Institutions Act and to get the accounts audited annually by the Directorate of Accounts and Treasuries, Puducherry;
(vii) Shall ensure that the Poojas and Festivals are conducted according to the customs followed by the Devasthanam;
(viii) Shall collect all debts and funds due to the Institution and secure them from the loss or risk of loss;
(ix) Shall ensure that appropriate proceedings are instituted to effect all debts and funds due to the Institution or recovery thereof and also to defend such action against the Institution in respect of the property of the Institution;
(x) Shall not connive at or facilitate any act or cond uct of anot her pe rson which would invol ve a breach of trust or occasion risk or loss to the property belonging to the Institution;
(xi) Shall strictly conform to and carry out the terms and shall not encumber the properties of the Institution by persistently incurring expenditure beyond the limits of the income of the property of the Institution;
(xii) Shall not in any way make use of the property of the Institution or of his position as Temple