Central Government Industrial Tribunal
Sh. Lal Bhadur Pal & Ors., vs CWC & Anr on 13 May 2025
BEFORE CENTRAL GOVERNMENT INDSUTRIAL
TRIBUNAL – CUM – LABOUR COURT-II, NEW DELHI
I.D. NO. 210/2018
(Reference No. L-42012/1/2018- IR (M) )
Sh. Lal Bhadur Pal & Ors.,
Through- General Mazdoor Lal Jhanda Union, B-1/A, Nathu Colony (East), 100 Foota Road, Shahdara, Delhi-110096.
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1. The Managing Directory, Central Warehousing Corporation, 4/1, Siri Fort Industrial Area, August Karanti Marg, Hauz Khas, New Delhi-110016.
2. M/s Suman Forwarding Agency Pvt. Ltd., C/o Inland Container Corporation, Near Gazipur Village, Patparganj, Delhi-110096.
AWARD
1. The appropriate Government has sent the reference refered dated 26.11.2018 to this tribunal for adjudication in the following words:
1. Whether the action of M/s Suman Forwarding Agency Pvt. Ltd., contractor under M/s Central Warehousing Corporation (CWC), New Delhi in not paying full wages to the workmen Sh. Lal Bahadur Pal and 6 others (As per Annexure) for the entire month despite the fact that the workmen have worked for entire month is legal and justified? If not, to what relief the workers are entitled to?
2. Whether deduction of wages by M/s Suman Forwarding Agency Pvt. Ltd., contractor under M/s Central Warehousing Corporation (CWC), New Delhi for the holidays and 2nd Saturdays from the wages of the workmen is legal and justified? If not, to what relief the workers are entitled to?”
2. After receiving the reference workmen had filed the claim statement. W.S had been filed by the respondent-1. He had denied the averment made in their claim statement. Respondent-2 was proceeded ex-parte on 05.04.2019.
3. After completion of the pleadings, following issues have been framed vide order dated 13.12.2023 i.e.-
1. As per term of reference?
2. Whether there is no relationship between the employee and employer between the claimants and the management.
3. Whether the dispute has been legally and properly espoused? If not its affect.
4. Relief, if any.
4. Now, the matter is listed for workman evidence. Workmen are required to file their affidavits of evidence, but, neither the workmen nor their AR is appearing from several dates to substantiate their claim.
5. In these circumstances, when the claimants are not interested in pursuing their case, this tribunal has no other option but to dismiss the claim. Hence, their claim stands dismissed. Award is passed accordingly. A copy of this award is sent to the appropriate government for notification as required under section 17 of the ID act 1947. File is consigned to record room.
ATUL KUMAR GARG Date: 13.05.2025 Presiding Officer
CGIT-cum-Labour Court-II