Sh.Jooja Ram, Mrs Neemo, Mrs.Poonam Devi, Mrs Chaya, Mrs.Kalpana, Sonam , Monu vs Lady Harding Medical Clg & Ors on 8 July 2026

1. The Director, Lady Harding Medical College, & Smt. S.K. Hospital, Shaheed Bhagat Singh Marg, New Delhi-110001.

2. The Director, M/s M.S Vigilant Security, Placement & Detective Service Pvt. Ltd., P-23, Old Double Story, Lajpat Nagar-IV, New Delhi-110024.

…Managements/Respondents Counsels: For Applicant/ Claimant: Ms. Mamta Maan, Ld. AR

For Management/ Respondent: None for M-1. Sh. Anjani Kumar Chaudhary, Ld. AR for M-2.

AWARD 08.07.2026

This is an application under section 2A of the I.D Act (hereinafter referred to as “the Act”) filed by the claimant against her illegal termination. Claimant case is that she had been working with the management-1 through contractor i.e. management-2 at the post of Security Guard since 01.12.2008. At the time of appointment, M-2 assured her to give bonus, full wages as per statutory laws and further for extending other benefits, M-2 take signature from claimant on forms, so that, she could get EPF & ESI benefits. M-2 has deducted EPF/ESI amount from wages/salary of claimant, but, did not deposit it with EPF/ESI Corp., the M-2 also not paid full wages to claimant as per minimum wages act. When she filed case against the M-2, M-2 ended the services of the claimant and without issuing any notice her services were illegally terminated the on 09.11.2014. Claimant made several requests to the respondent no. 1, when the respondent no. 1 refused to pay the balance wages, full wages and other amount, then the claimant on dated 15.07.2014 sent a legal notice but the respondents neither paid the full wages, balance amount nor paid other amount to the claimant. After become hopeless of getting re- employment with the management, she has gone to the conciliation officer, but, no result was yielded. Hence, she filed the present claim with the prayer that she be reinstated in services with full back wages. Management-1 i.e. Lady Harding Medical College has filed its WS, stating that there is no relationship of employer and employee between the claimant and the management. Claimant has no locus standi to file this claim against the answering management being there is no dispute between the claimant and the management. Hence, he submitted that claim is liable to be dismissed. Management-2 i.e. contractor has filed its written statement, stating that claim filed by the claimant is not maintainable and liable to be dismissed in view of the facts that the claimant has failed to

serve any proper and valid demand notice to the management prior to raising of this Dispute which is Sine Qua Non for raising the disputes of alleged termination. He further submitted that claim filed by the claimant is also not maintainable in view of the facts that the services of the claimant were not terminated on 09.11.2014. After end of contract with management no. 1 all the employees including the claimant in question was offered employment at other site of the management, but the concerned workman refused to do the same. Hence, he submitted that claim is liable to be dismissed.

In between, Claimant Mrs. Prem was expired on 20.01.2019. On 15.11.2021, application for substitution was allowed. Hence, Sh. Jooja Ram, Mrs. Neemo, Mrs. Poonam Devi, Mrs. Chaya, Mrs. Kalpana, Mrs. Sonam and Sh. Monu were impleaded as parties in place of the deceased claimant.

LR of the deceased claimant has filed the rejoinder. He has denied the averments made in the managements’ written statement and affirmed the facts mentioned in the claim.

After completion of the pleadings, vide order dated 16.01.2023, following issues have been framed i.e.:

(i) Whether the proceeding is maintainable.

(ii) Whether there exist employer and employee relationship between the deceased claimant and respondent no. 1 i.e. Lady Harding Medical College.

(iii) Whether the service of the claimant was illegally terminated by the respondent no. 2 i.e. M/s Vigilant Security.

(iv) To what relief the claimant is entitled to and from which date.

Now, the matter is listed for filing of application for placing additional documents on record as well as for workman evidence. Ld. AR for the claimant has submitted that Sh. Jooja Ram along with five other legal heirs was impleaded in place of the deceased claimant. She further submitted that Sh. Jooja Ram has also passed away and that she has lost touch with the remaining legal heirs. She has, therefore, prayed that a No Dispute Award be passed in this matter.

Considering the above submission, a No Dispute Award is accordingly passed. A copy of this award is hereby sent to the appropriate government for notification under section 17 of the I.D Act 1947. File is consigned to the record room.

ATUL KUMAR GARG

(Presiding Officer) CGIT-Cum –Labour Court-II