ID No. 138/2022 Sh. Sangeet vs North Delhi Municipal Corporation on 29 September 2025

1. In the present case, a reference was received from the appropriate Government vide letter No-L-42011/96/2022 (IR(DU)) dated 04.04.2022 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Act, for adjudication of a dispute, terms of which are as under:

The Schedule “Whether demand of Municipal Employees Union vide letter dated 17.02.2020 in respect of Shri Sangeet S/o Late Shri Suresh to the management of North Delhi Municipal Corporation (NDMC) for appointment on compassionate ground on the post of Safai Karamchari on regular and permanent basis (instead of as daily Wager) in proper pay scale and allowances with retrospective effect from the initial date of joining i.e. 10.10.2014 along with all consequential benefits and payment of the entire difference of salary on the principle of Equal Pay for Equal Work since his initial joining onwards till his actual regularization, is proper, legal and justified? If yes, what relief is the disputant entitled to and what directions are necessary in this respect?”

2. In the reference order, the appropriate Government commanded the parties raising the dispute to file statement of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute. Despite directions so given, Claimant union opted not to file the claim statement with the Tribunal.

3. On receipt of the above reference, notice was sent to the workman as well as the managements. Neither the postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal services remained unserved in the period, referred above. Therefore, every presumption lies in favor of the fact that the above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in adjudication of the reference on merits.

4. Since the workman has neither put in his appearance nor he led any evidence so as to prove his cause against the management, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for publication.

Date: 29.09.2025

ATUL KUMAR GARG

Presiding Officer

CGIT – cum – Labour Court – I