Sh. Yogesh Kumar vs CPWD on 18 August 2026

I.D. No. 113/2021

BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM – LABOUR COURT NO. II, NEW DELHI I.D. No. 113/2021 Sh. Yogesh Kumar Vs. C.P.W.D.

Sh. Yogesh Kumar, S/o Sh. Barchand, C/oooo Sh. Suraj Mal Khari, House No-5800/06, New Chandwaral, New Delhi-110007.

…Workman/Applicant/Claimant

Versus

The Director General, Central Public Work Department, Nirman Bhawan, New Delhi-110001.

C/o Chief Architect, Office of Chief Architect, NDR, Nirman Bhawan, New Delhi-110001.

…Managements/respondents

Award 18.08.2026

I.D. No. 113/2021 18th August 2026 Present: Sh. Vijay Pal, Ld. AR along with the claimant. Ms. Shivangi Sharma, proxy counsel for Sh. Atul Bhardwaj, Ld. AR for the management. At the outset, the Ld. AR for the claimant submits that he wants to withdraw the present case as the reference has not been sent properly.

I.D. No. 113/2021

Record perused. After going through the reference, this Tribunal is amazed at how this reference has been sent to this Tribunal for adjudication. The schedule of this reference is: “The dispute raised by the workman Sh. Yogesh Kumar S/o Sh. Barchand Singh w.r.t. regularization of his services with the management of CPWD is not fit for reference as the O.A. No. 1151/2015 filed by workman Sh. Yogesh Kumar S/o Sh. Barchand Singh before the Principal Bench, CAT, New Delhi on the same cause of action has already been dismissed vide order/judgment dated 27.09.2018”. It is a well-settled principle of law that this Tribunal cannot go beyond the reference. If the Deputy Chief Labour Commissioner has itself not found the reference fit for adjudication, then what remains to be decided by this Tribunal. It is even more amazing that the claim had been filed and a reply/W.S. thereto had also been filed. Even issues had also been framed vide order dated 09.05.2022. In view of the reference, wherein nothing remains to be decided by this Tribunal, the claim stands dismissed. Reference is answered accordingly. A copy of this award is be sent to the appropriate government for notification, as required under Section 17 of the ID Act, 1947. The file is consigned to the record room.

ATUL KUMAR GARG

Dated 18.08.2026

Presiding Officer

CGIT – cum – Labour Court – II