Central Government Industrial Tribunal
Sh. Ram Krapal Jaiswal vs Medical Council of India & Anr on 6 November 2024
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT NO-II, NEW DELHI
I.D. No. 106/2018
Sh. Ram Krapal Jaiswal, S/o Sh. Ram Sajiwan, RZH-371/C-2, Gali No.-4, Raj nagar-2, Palam Colony, New Delhi-110045.
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1. Medical Counsel of India, Pocket-14, Sector-8, Phase-1, Dwarka, New Delhi-110077.
2. Diamond Security Personnel, 105, 1st Floor, 389 Masjid Moth, NDSE-2, New Delhi-110049.
Appearance:- For Claimant: None For Managements: None
AWARD This is an application of U/S 2A of the Industrial Disputes Act (here in after referred as an Act). Claimant had stated in his claim statement that he had been working with the respondent since 01.12.2016 at the post of Guard at the last drawn salary Rs. 8,000/- Per month. He did his work well and has not given any chance of making any complaint to the management nor he was charged while he was in service. During the services, management had obtained his signature on blank papers and has not been providing any legal facilities i.e. appointment letter, Leave Book, bonus, overtime, weekly and events holidays etc. When the workman demanded the same, without any rhyme or reason or without issuing any notice he was illegally terminated from his job by the management on 05.01.2018. He had sent the complaint to the labour commissioner, but, it has yielded no result. Hence, he has filed the present claim.
WS have been filed by the Management-1& 2. They have denied the averment made in his claim statement. They also submit that claim is not maintainable and is liable to be dismissed.
After completion of the pleadings, following issues have been framed vide order dated 18.07.2019 i.e.-
1. Whether any relationship of employer and employee exists between M1 and M2 in one side with the claimant?
2. Whether the service of the workman was illegally terminated by the management/respondent.
3. To what relief the workman is entitled to.
Now, the matter is listed for workman evidence. Workman is required to adduce his evidence. Despite providing a number of opportunities, neither the claimant nor his AR is appearing to substantiate his cliam. 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 Date: 06.11.2024
Presiding Officer.
CGIT-cum-Labour Court-II