Sh. Prabhat Ranjan vs SBI & Anr on 5 March 2025

1. State Bank of India, Card Section, Parliament Street, New Delhi-110001.

2. Innovsource Services Pvt. Ltd., Plot No.-412, 03rd Floor, K-01, Sector-14, Near Motorola Office, Gurgaon, Haryana-122002.

Award

This is an application U/S 2A of the Industrial Disputes Act (here in after referred as an “Act”). Claimant had stated in his claim statement that he was appointed by management-1 at the post of Branch Relationship Executive on 25/11/2019 through management-2 (contractor) at the last drawn salary Rs. 21,319/- per month. During the course of his employment, he performed his duties with utmost dedication and without any complaints from managements. On 16/12/2019, he was orally told by management that his services are terminated with immediate effect and he should not come to work again. He approached managements on many occasions seeking reason for his illegal termination and requested to take him back but the management paid no heed to his requests. He had forwarded a written representation dated 28.01.2020 before Assistant Labour Commissioner, Jeevandeep Building, Delhi against illegal acts of managements. Thereafter, the representation was entertained for conciliation but no settlement could be reached only because of adamant attitude of management. Hence, he filed the present claim with the prayer that he be reinstated with full back wages..

Management-1 was already proceeded ex-parte on 10.01.2023. Management-2 had filed its WS denying the averment made in the claimant’s claim. He also submitted that workman was absconding from his work from 12.12.2019, and since then he has not joined his services and further the workman instead of joining his duty with the management, filed a resignation letter. He submitted that claim of the claimant is liable to be dismissed.

After completion of the pleadings, following issues have been framed on 12.12.2023 i.e.-

1. Whether there is employee and employer relationship between the workman and management.

2. Whether the termination of the workman is legal and justified.

3. Relief, if any.

Now, the matter is listed for workman evidence. Workman is not appearing since long to substantiate his claim, inspite of providing a number of opportunities In these circumstances, when the claimant has not been appearing since long to substantiate his claim, it appears that he is not interested to pursue his case. His 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 Dated: 05.03.2025

Presiding Officer

CGIT–cum–Labour Court–II