Central Government Industrial Tribunal
Sh. Beer Singh vs HDFC & Anr on 4 March 2025
BEFORE CENTRAL GOVT. INDUSTRIAL
TRIBUNAL CUM – LABOUR COURT NO. II, NEW
DELHI
ID No. 13/2021
Sh. Beer Singh,
Through- Samast Odyogik Shramik Vikas (Regd.), 367-A, Pocket J & K, Dilshad Garden, Delhi-110095.
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1. HDFC Bank, Gagan Vihar, Delhi-110092.
2. G.I. Group Pvt. Ltd., 581/3, 3rd Floor, Chirag Delhi, Delhi-110092.
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 working with the management-1 through management-2 (contractor) at the post of Security Guard since 13.12.2013 at the last drawn salary Rs. 12,500/- per month. He was deprived of legal facility like appointment letter, Salary Slip, Leave etc and did not pay the minimum wages fixed by the Delhi Government for unskilled employees. When he demanded the same, the management adopted a vindictive attitude towards him and his services were terminated by the management on 02.12.2019 without any written notice or payment in an illegal and improper manner. He had sent the demand letter to the management through speed post on 28.01.2020, but despite receiving the demand letter by the management, no reply was given to the demand letter. He had gone to the conciliation officer, but, it was resulted into failure. Hence, he filed the present claim.
Management-1 was already proceeded ex-parte on 26.04.2022. Management-2 had filed its WS denying the averment made in the claimant’s claim. He also submitted that his claim be dismissed.
After completion of the pleadings, following issues have been framed on 26.07.2022 i.e.-
1. Whether the proceeding is maintainable.
2. Whether the claimant was engaged w.e.f. 13.12.2013 under Management No. 1.
3. Whether the claimant was working under management no. 2 as its employee and had voluntarily remained absent from duty w.e.f. 02.12.2019.
4. Whether the service of the claimant was illegally terminated by the management.
5. To what relief the claimant is entitled to.
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: 04.03.2025
Presiding Officer
CGIT–cum–Labour Court–II