Central Government Industrial Tribunal
CGIT 01 Delhi, Award dated 07.11.2024 in ID No. 279 of 2022 titled as Sh. Ashok Kumar & 24 Others,v/s SDMC, in term of H.C. of Delhi Order dated 30.11.2021 in W.P. (C) No.7727 of 2019 on 7 November 2024
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THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL
CUM LABOUR COURT DELHI - 1, NEW DELHI.
ID No. 279/2022
Sh. Ashok Kumar & 24 Others, Rept. By General Secretary, Municipal Employees Union, (Regd No. 793), Agarwal Bhawan, G.T. Road, Tis Hazari-110054. Workman… Versus
The Commissioner, South Delhi Municipal Corporation, Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi-110002. Management…
AWARD
In the present case, a reference was received from the appropriate Government vide letter No. L-42011/338/2022 (IR(DU)) dated 13.10.2022 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Act, for adjudication of a dispute, terms of which are as under: The Schedule “Whether demand of Sh. Ashok Kumar & 24 others through Municipal Employees’ Union, Delhi vide letter dated 03.03.2020 to maintain status quo in service condition as per section 33 of I.D. Act, 1947 by the management of South Delhi Municipal corporation (SDMC) is proper, legal, justified and valid? If yes, what relief they are entitled to and what directions, if any, are necessary in this respect?”
2. In the reference order, the appropriate Government commanded the parties raising the dispute to file statement of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute. Despite directions so given, Claimant union opted not to file the claim statement with the Tribunal.
3. On receipt of the above reference, notice was sent to the workman as well as the managements. Neither the postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal services remained unserved in the period, referred above. Therefore, every presumption lies in favor of the fact that the above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in adjudication of the reference on merits.
4. Since the workman has neither put in his appearance nor he led any evidence so as to prove his cause against the management, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for publication.
Justice Vikas Kunvar Srivastava Retired Judge, Allahabad High Court
Presiding Officer Date: 07.11.2024