Central Government Industrial Tribunal
Sh. Mani Ram vs DIAL & Anr on 23 September 2024
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT NO-II, NEW DELHI
I.D. NO. 35/2018
Sh. Maniram, S/o Late Sh. Pakhuram,
All India General Mazdoor Trade Union,
170m Balmukund Khand Giri Nagar, Kalkaji,
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1. The CEO M/s Delhi International Airport Ltd. IGL Airport, New Udaan Bhawan, Terminal-3, New Delhi-110037.
2. M/s Gannon Dunkerely & Co. Ltd., B-228, Okhla Industrial Area, Phase-1, New Delhi- 110020. AWARD The appropriate government had sent the reference to this tribunal for adjudication with the following words. “Whether the action of the management of M/s Gannon Dunkerley & Co. Ltd. contractor of DIAL in terminating the services of the workman Sh. Maniram from 23.12.2015 and non-payment of salary for 1.12.2015 is illegal and/or unjustified and if yes, to what relief the workman is entitled and what directions are necessary in this respect? ” After receiving the said reference, notices were issued to both the parties. Both the management and the claimant have appeared. Claimant has filed the claim statement.
WS have been filed by the M-1 & M-2. They have denied the averment made in his claim statement. They submit that claim is liable and deserve to be dismissed. After completion of the pleadings, following issues have been framed vide order dated 31.05.2019 i.e.-
1. Whether the proceeding is maintainable.
2. Whether there exist employer and employee relationship between the workman and management no. 1.
3. Whether the service of the workman was illegally terminated by management no. 2 in violation of the provision of ID Act.
4. Whether the workman is entitled to the relief of reinstatement with back wages in the service of management no. 1.
5. To what other relief the parties are entitled to. Now, the matter is listed for workman evidence. He is required to file his affidavit of evidence. Workman AR stated that claimant is not in touch with him for the last three years. In these circumstances, when the claimant is not interested in pursuing his claim. 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 23rd, September, 2024
Presiding Officer.
CGIT-cum- Labour Court-II