Central Government Industrial Tribunal

Sh. Laxman Prasad vs IASRI on 23 April 2025

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BEFORE CENTRAL GOVERNMENT INDSUTRIAL

TRIBUNAL – CUM – LABOUR COURT-II, NEW DELHI

I.D. NO. 125/2022

Sh. Laxman Prasad, S/o Sh. Bhagwan Das,

R/o- 19-WZ, 104 Block-WZ, Dasghara Village, IARI, Delhi-110012.

Through-Sh. Ram Ji Singh Advocate,

Chamber no. F-609, Karkardooma Court,

Delhi-110032.

VERSUS

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1. I.A.S.R.I, Campus Pusa, New Delhi-110012.

2. Complete Office Solution (COS), Head Office: 01/56-D, 01st Floor, Office No. 105, Lalita Park, Laxmi Nagar, Delhi-110092.

AWARD

1. This is an application U/s 2A of the Industrial Disputes Act (here in after is referred as an Act) filed by the claimant.

2. Claimant in his claim statement has stated that he was working with the management-1 through M-2 who is a contractor since 2016 as a Guard and his last drawn salary was Rs. 16,957/-. He did his work well and has not given any chance of making any complaint to the management nor was he charged while he was in service. Since beginning management has not been providing any legal facility i.e. appointment letter, Annual and casual leave money and ESI etc. When the workman demanded for said legal benefits, management had terminated his services illegally on 22.06.2021 without giving any reason and prior notice. Management had clearly refused to pay the earned salary and other types of statutory dues, which is completely illegal. Thereafter, he had gone to the conciliation officer, but it was resulted into failure. Hence, he filed the present claim with the prayer that he be reinstated with full back wages. He is jobless since the date of his termination.

3. M-1 has filed its WS denying the averment made in the claim statement of the claimant. He also submitted that claim of the claimant is not maintainable and liable to be dismissed as he was never employed of M-1, he was the employee of M-2.

4. M-2 was proceeded ex-parte vide order dated 20.02.2023.

5. After completion of the pleadings, following issues have been framed on 18.03.2024 i.e.-

(i) Whether the workman is terminated illegally by the management. (OPW)

(ii) Relief, if any.

6. Now, the matter is listed for workman evidence. However, neither the workman nor his AR has been appearing since long to substantiate his claim.

7. In these circumstances, when the claimant is interested in perusing his case, this tribunal has no option but to dismiss his claim. Hence, his claim stands dismissed. Award is passed accordingly. A copy of this award is sent to appropriate government for notification under section 17 of the I.D. Act. File is consigned to record room.

ATUL KUMAR GARG Date: 23.04.2025 Presiding Officer

CGIT-cum-Labour Court-II

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