Central Government Industrial Tribunal
Sh. Satish Kumar vs ESIC & Ors on 27 August 2024
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT NO-II, NEW DELHI
I.D. No. 41/2019
Sh. Satish Kumar, S/o Sh. Kishan Lal,
R/o- F2/180, 1st Floor, Rohini Sector- 15, Delhi-110089.
Through-Akhil Bhartiya Mazdoor Samaj,
Office-658/23, Village-Dewali,
New Delhi-110080.
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1. Regional Director, ESIC, Ministry of Labour & Employment, Govt. of India, DDA Shopping Centre Cum Office Complex, Rajendra Place, Rajendra Nagar, New Delhi-110008.
2. M/s BL Engineering Works, Govt. Contractor, 218-A, 1st Floor, Rama Market, Pitampura, New Delhi-110034.
3. M/s. The Director, Uttar Pradesh Rajkiya Nirman Nigam (UPRNN) Vishwasaraiya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh-226010.
Appearance:- For Claimant- None For Managements- None for M-1.
Ms. Jyoti Tiwari, Ld. AR for M-2.
AWARD This is an application of U/S 2A of the Industrial Disputes Act (here in after is referred as an Act) filed by the claimant for his illegal termination. Claimant had stated in his claim statement that he had been working with the respondents since 2011 at the different post i.e. labour/carpenter/plumber/operator/helper/gardener at the last drawn salary Rs. 16,982/- Per month. His service record is clean and he has not given any complaint so far. 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 24.07.2017. They had sent the complaint to the labour commissioner, but, it has yielded no result. Hence, They have filed the present claims.
Management had appeared and filed the WS. He had stated that the claim is not maintainable either on facts or in the eyes of law and is liable to be dismissed as the claimant has not come before this court with clean hand and has presented a incorrect and disrupted version of the facts. The Claimant is on the rolls of M/SInnove Source Limited which provides manpower facilities to SBI cards. He submit that claim of the claimant is not maintainable and is liable to be dismissed.
On 18.02.2020, issues have been framed. Claimant is asked to prove his case. However, despite providing a number of opportunities, claimant has not turned up to prove his claim. His evidence was closed. Management have appeared and examined the one witness in support of his contention. As the claimant has not turned up for proving 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 29th, August, 2024
Presiding Officer.
CGIT-cum-LabourCourt-II