Central Government Industrial Tribunal
Sh. Ravinder Singh vs Area Building Complex & Anr on 28 August 2024
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT NO-II, NEW DELHI
ID.No. 57/2022
Sh. Ravinder Singh, S/o Sh. Ram Niwas Singh, R/o C-128, Through- Sh. Ravi Gujjar, Kotla Gaon, New Dlehi-110091.
Through-Lok Mazdoor Sangthan,
B-58/456, Rama Road, New Delhi-110015.
VERSUS
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1. Area Building Administration Complex, Safdarjung Airport, New Delhi-110003.
2. Any Time Security Services, TA-91, Basement, Main Okhla Road, Tughlakabad Extension, New Delhi-110019.
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 as a Security Supervisor w.e.f. 05.06.2017 and he has been paid wages month and his last drawn salary were Rs. 10,500/- per month. He had been doing his work with diligently with the management. During service tenure, workman has not been issued any appointment letter neither by the management-1 nor the management-2. The workman has not been paid minimum wages as prescribed by the Government of India i.e. Rs. 17,991/- but, he was paid to workman Rs. 10,500/- only. The workman demanding legal facilities and arrears from 01.04.2020 to 30.09.2020 orally to the management. For that, the management got annoyed and terminated the services of the workman w.e.f. 11.10.2020 without assigning any valid reason. The action of the management in terminating the services of the workman is illegal, bad, unjust and malafide. In case of retrenchment no seniority list was displayed and no notice was given, no notice pay was either offered or paid to the workman at the time of termination of his services. He has sent the legal demand notices dated 17.09.2020 was served upon the management, and a reply has been received but the management never take back on duty to the workman and it presumed that demand has been rejected. He had exhausted legal remedy i.e. going to the conciliation officer, but, no result was yielded. Hence he has filed the claim.
Management-1 & 2 had appeared and filed their respective WS. They had denied the averment made in the claim statement. They submit that claim of the claimant is liable to be dismissed.
After completion of the pleadings following issues have been framed vide order dated 10.01.2023 i.e.-
1. Whether the proceeding is maintainable.
2. Whether there exist employer and employee relationship between management no. 1 i.e. Area Building Administration Complex Safdarjung Airport and the claimant.
3. Whether the service of the claimant has been illegally terminated by M-2.
4. Whether the claimant has received full and final settlement from M2 and refused the offer of re-employment.
5. To what relief the claimant is entitled to. Now, the matter is listed for workman evidence. Claimant has not been appearing since long. He has not brought any evidence i.e. documents and oral 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 Date: 28/08/2024
Presiding Officer.
CGIT-cum-Labour Court-II