Sh. Ompal Singh vs Kuwait Airways on 30 November 2021

1. Kuwait Airways, 401, Ashika Estate, 24, Barakhamba Road, New Delhi-110001.

Appearance:- For Claimant: None For Management: Sh. K.K. Mukhija and Rita Yagnik, Ld. AR for the management.

AWARD 30.09.2026

1. In exercise of powers conferred under clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Government of India through the Ministry of Labour and Employment, vide its Order No. ND.96(25)2019-ID-FOC-DY.CLC on 18.12.2019/22.01.2020 has been pleased to refer the following dispute between the employer that is the Management of M/s Kuwait Airways and their workman for adjudication by this Tribunal, terms of which are as under:

“Whether the action of the management of Kuwait Airways in retiring of the workman Sh. Ompal Singh on attaining the age of 58 years on 30.10.2019 is correct and justified? If not, what relief the workman Sh. Ompal Singh is entitled to?”

2. After receiving the said reference, notices were issued to both the parties. All the parties had appeared. Claimant had filed the claim statement before this tribunal stating that he has been in the permanent employment

of the management since the last more than 20 years. The management informed him that he would be superannuated w.e.f. 30.10.2019 on attaining the age of 58 years. He further submitted that the age of retirement in all industries across Delhi and Mumbai is not less than 60 years. Hence, he filed the present claim with the prayer that management be directed to pay the wages to him for two years w.e.f. 30.10.2019 to 30.10.2021.

3. Respondent has filed its W.S denying the averments made in the statement of claim. He submitted that claim is liable to be dismissed.

4. Rejoinder has been filed by the claimant. He had denied the averments made by the management and affirmed the facts mentioned by him in his claim statement.

5. After completion of pleadings, vide order dated 01.03.2023, following issues had been framed:

(i) Whether the proceeding is maintainable?

(ii) Whether the claim of the claimant in absence of espouser is maintainable?

(iii) Whether the action of the management in retiring the claimant on attaining the age o f58 years with effect from 30.10.2019 is legal and justified?

(iv) To what relief the workman is entitled to and from which date?

6. Now, this matter is listed for filing of affidavit of evidence of the workman. However, claimant has not been appearing since long to substantiate his claim.

7. In these circumstances, when the claimant is not interested in pursuing the claim, this Tribunal has no other option but to dismiss the claim. Hence, 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 I.D Act, 1947. Record of this file is consigned to record room.

ATUL KUMAR GARG Date: 30.09.2026

Presiding Officer.

CGIT-cum-Labour Court-II