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SOMMAIRES

CONTENTS

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714

Sentence arbitral du travail

.. 714

Award of the Labour Court

.. 714

de tribunal

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716

Notifications du Gouvernement .. 716

Government Notifications

.. 716



717

Avis d’ appel d’ offres

.. 717

Tender Notices

.. 717

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720

Etablissements dangereux

.. 720

Dangerous Establishments

720

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721

Annonces

.. 721

Announcements

721



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry



Publiée par Autorité

Published by Authority







2024 }

|

22 {

No.

Poudouchéry

Mardi

Octobre

2024 (30 Asvina 1946)

No.

Puducherry

Tuesday

22nd

October

2024

Registered with the Registrar

of Newspapers for India

under No. 10410

714

LA GAZETTE DE L’ETAT

[22 October 2024

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 79/AIL/Lab./S/2024,

Puducherry, dated 23rd September 2024)

NOTIFICATION

Whereas, an Award in I.D. (L) No. 25/2022, dated

30-05-2024 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of dispute between the

M/s. E-Mox Manufacturing Private Limited, Puducherry

and All India United Trade Union Centre (AIUTUC),

Puducherry, over non-employment of Thiru A. Govindaraj

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).

————

BEFORE THE INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT AT PUDUCHERRY

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

Presiding Officer.

Thursday, the 30th day of May 2024

I.D(L). No. 25/2022

CNR. NO.PYPY06-000084-2022

The President/Secretary,

All India United Trade Union Centre,

Puducherry.

. . Petitioner

Versus

The Managing Director,

M/s. E-Mox Manufacturing Private Limited,

Assembly Division,

Puducherry-607 402.

. . Respondent

This industrial dispute coming on this day before me

for hearing in the presence of S. Sivakumar, President

of the Union appearing for petitioner and Thiruvalargal

K. Babu, S. Karthikeyan, Counsels for the respondent

and upon hearing the learned Counsel for petitioner

and respondent 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 has been referred by the

Government as per the G.O. Rt. No. 132/AIL/Lab./T/

2022, dated 05-08-2022 for adjudicating whether the

industrial dispute raised by the Trade Union viz., All

India United Trade Union Centre (AIUTUC),

Puducherry, against the Management of M/s. E-Mox

Manufacturing Private Limited, Puducherry, over

non-employment of Thiru A. Govindaraj justified or

not? If justified, what relief the Petitioner is entitled

to?

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

of money if, it can be so computed?

2. Brief averments set forth in the claim statement

is as follows :

The respondent company is involved in the

manufacturing of mosquito repellent assembly unit

and around 400 workers are employed in it. The

petitioner joined the respondent company with effect

from 01-06-2006 in the Production Department. On

15-09-2021, the petitioner was not allowed to work

and when enquired no proper details were given. On

18-01-2021 and 01-11-2021, he wrote a letter to the

respondent company requesting for job which was

not received and so he sent the same through

registered post which were unclaimed by the

respondent company and so he approached the

Trade Union for his remedy.

(ii) On 13-06-2022, a letter was sent to the

Conciliation Officer and the respondent company

failed to reply and so, the dispute was referred to

this Court. The Standing Orders of the respondent

company is not as per law and was obtained by

receiving the signature of the contract labourers. The

petitioner was also not provided the bonus for the

year 2021 and the same was issued during the

conciliation proceedings.

(iii) The petitioner is serving in the respondent

company for the past 16 years and without any

proper explanation, his service has been terminated

and his request also denied. From 15-09-2021 the

petitioner is jobless and suffering to maintain his

family. Hence, the petition.

715

22 October 2024]

LA GAZETTE DE L’ETAT

3. Brief averments in the counter filed by the

Respondent is as follows :

The claim made by the petitioner on behalf of

Mr. A. Govindaraj, over his non-employment and the

allegations contained in the claim statement are

baseless, vexatious, devoid of merits and concocted

with reference to the facts alleged and is not

maintainable in law or on facts and liable to be

dismissed. The petitioner Union has no representative

character to raise any charter of demands or any

other dispute as against this respondent as there is

no espousal of the dispute by a substantial number

of workmen as required by law, in order to sustain

an industrial dispute. Only a workman can approach

the Conciliation Officer/Labour Court/Industrial

Tribunal in respect of his claim if any. Admittedly,

Mr. A. Govindaraj does not fall within the ambit of

workman, he was initially appointed as Production

Supervisor with effect from 01-06-2006 vide

appointment order, dated 31-05-2006 and then

promoted as Senior Officer - Production with revision

of salary with effect from 01-04-2017 vide letter, dated

11-10-2017. His last drawn monthly salary was

30,235. He was functioning as shift incharge and

responsible to train and conduct workmen, resolves

problems in the production line and ensure output

of productivity from the workers. His job profile,

monthly emoluments and other privileges are in line

with the Management Category. Under such

circumstances, the respondent prays to take up the

issue of jurisdiction and the authority of the

petitioner Union as preliminary issues among other

issues and decide the same at the first instance.

(ii) In the month of July 2020, the respondent

management came to know that he was running a

manpower contract and on enquiry he informed the

respondent management that his sister was running

the manpower contract and assured that he would

have over the contract to someone else. The

respondent company is engaged in manufacture of

mosquito repellent machine assembly and the

petitioner has insisted only night shift duties in the

months of August and September 2021 and the

respondent management allowed him to come in night

shifts. Thereafter he continued to insist night shift

duty permanently. The respondent management got

repeated complaints against him for sleeping during

working hours and decided the inquire the matter. On

enquiry the respondent management was shocked to

find that the said Govindaraj has setup a manpower

organization namely, K.M.Enterprises in the name of

his wife Mrs. G. Santhi and was supplying around

200 manpower to M/s. Star Converters located at

Kilianur Main Road, Konjumangalam who is a

competitor for the respondent factory and they are

also producing similar products using the same

machinery and technology of what respondent was

using. He worked in the respondent organization and

has got 15 years of experience and has through

knowledge in the production and business of the

respondent.

(iii) The petitioner obtained EPF, ESIC Registration

Certificate under the Shops and Establishment Act

in the name of his orgainzation M/s. K.M.Enterprises

at Puducherry. The petitioner has misused the

respondent company computer, printer and stationary

for printing the salary ledger of his own enterprises

and was caught red-handed and asked to attend a

preliminary enquiry on 14-09-2021 in the presence of

the Factory Manager and the Production Manager

and produced all the evidence and the petitioner got

tensed and thrown resignation letter in anger and left

the premises immediately. The management decided

to initiate disciplinary action against him and as such

he was issued with a detailed charge-sheet, dated

12-11-2021. Even on receipt of the said charge-sheet

the petitioner has not submitted any explanation. An

domestic enquiry was conducted on 04-12-2021,

21-12-2021, 10-01-2022 and 12-02-2022 and even on

providing ample time

and oppurtunity the

charge-sheeted official never attended the enquiry

on the dates mentioned above and the enquiry was

proceeded ex parte.

(iv) The findings of the enquiry were supported

by the logical reasoning and applications of mind by

the Enquiry Officer. After considering the gravity of

the misconduct, a show cause notice, dated 23-03-2022

seeking his comments on the enquiry report. Since,

the conciliation proceedings were pending and

subsequently the matter was referred to this Court,

the respondent has not taken further action.

Considering the conduct of the petitioner, the

respondent has lost confidence in the service of the

petitioner and so, the petitioner is not entitled to any

relief and prays for the dismissal of the same.

4. The points for consideration are :

Whether the petitioner is entitled for the relief as

prayed in the claim petition?

5. On points :

On the side of the petitioner, the petitioner was

examined as PW1 and Ex.P1 to Ex.P15 were marked.

716

LA GAZETTE DE L’ETAT

[22 October 2024

6. Today the case was called for reporting settlement,

petitioner/workman and petitioner Union present,

Counsel for respondent present. Memo filed by the

petitioner stating that both parties to the dispute have

entered into compromise and thereby settlement

agreement was entered between the parties on

27-05-2024. In the memo it is further stated that full and

final settlement has been arrived between the parties

and therefore, the petitioner is withdrawing the dispute

raised by him and further to record the same by this

Court.

7. Hence, this Court on considering the memo and

settlement filed by both parties finds that there does

not survive anything more for consideration in this

case.

In the result, this petition is disposed in terms of

memo filed by the petitioner and settlement agreement,

arrived between the petitioner/workman and respondent

on 27-05-2024. The settlement agreement, dated

27-05-2024 shall form part and parcel of this Award.

There is no order as to costs.

Partly typed by the Stenographer, partly written and

pronounced by me in the open Court, on this the 30th

day of May, 2024.

G.T. AMBIKA,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 81/Lab./AIL/S/2024,

Puducherry, dated 01st October 2024)

NOTIFICATION

Whereas, the Government is of the opinion that an

industrial dispute has arisen between the management

of M/s. New Pondy Hi-Tech Machineries, Kattukuppam,

Puducherry and Tmt. M. Jayasankari, over full and final

settlement, 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 23-5-1991 of the

Labour Department, Puducherry, to exercise the powers

conferred by clause (c) of sub-section (1) of section 10

of the Industrial Disputes Act, 1947 (Central Act XIV

of 1947), it is hereby directed by the Secretary to

Government (Labour) that the said dispute be referred

to the Labour Court, Puducherry for adjudication.

The Labour Court, Puducherry, shall submit the Award

within 3 months from the date of issue of reference as

stipulated under sub-section (2-A) of section 10 of the

Industrial Disputes Act, 1947 and in accordance with

rule 10-B of the Industrial Disputes (Central) Rules,

1957. The party raising the dispute shall file a statement

of claim complete with relevant documents, list of

reliance and witnesses to the Labour Court,

Puducherry, within 15 days of the receipt of the order

of reference and also forward a copy of such statement

to each one of the opposite parties involved in the

dispute.

ANNEXURE

(i) Whether the industrial dispute raised by the

petitioner Tmt. M. Jayasankari, against the

management

M/s.

New

Pondy

Hi-Tech

Machineries, Kattukuppam, Puducherry, over full and

final settl ement is legal and j u s t i f i e d ? If

justified, what relief the petitioner is entitled to?

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

of money if, it can be so computed.

(By order)

S. SANDIRAKUMARAN,

Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (HOUSING)

(G.O. Ms. No. 16/2024-Hg.,

Puducherry, dated 08th October 2024)

NOTIFICATION

In exercise of the powers conferred under section

4(1) of the Puducherry Town and Country Planning Act,

1969 (No. 13 of 1970), the Lieutenant-Governor, is

pleased to extend the term of office by one year of the

Members of the Puducherry Town and Country Planning

Board constituted vide G.O. Ms. No. 6/2021-Hg., dated

08-10-2021 of the Chief Secretariat (Housing), Government

of Puducherry.

(By order of the Lieutenant-Governor)

P. EJOUMALE,

Under Secretary to Government (Housing).

717

22 October 2024]

LA GAZETTE DE L’ETAT

GOVERNMENT OF PUDUCHERRY

DIRECTORATE OF SURVEY AND LAND RECORDS

No. 7022/DOS/EC-II/Training/2024.

Puducherry, dated 08th October 2024.

NOTIFICATION

In pursuance of the G.O. Rt. No. 09, dated 15-07-2024

of the Department of Revenue and Disaster Management,

the following Revenue Officials who have undergone

the Survey and Settlement Training as I-Batch (Karaikal

District) for the Financial year 2024-25 for 36 working

days in the Administrative Block of the Perunthalaivar

Kamarajar Complex, Nagore Main Road, Karaikal, with

effect from 22-07-2024 to 06-09-2024, are declared

successful in the concluding Survey Training Tests

conducted on 06th September, 2024.

N.B : Request from unsuccessful candidates as to

the cause of failure or revaluation of Survey

Training Test papers will not be entertained.

Sl.

Name and designation

Name of the

No.

office in

which working

(1)

(2)

(3)

Thiru/Tmt./Selvi:

A. Elangovan,

Taluk Office,