Sh. Sunil Singh Fartiyal vs National Institute of Health & Family Welfare on 7 September 2026

1. The Director, National Institute of Health & Family Welfare, Baba Gangnath Marg, Munirka, New Delhi-110087.

2. MI2C Security & Facilities Pvt. Ltd., 8/40, UGF, South Patel Nagar, New Delhi-110008.

3. Good Year Security Services, A-75, UGF, Sector-08, Dwarka, New Delhi-110077.

Appearance:- For Claimant: Sh. Sunil Dutt, Ld. AR. For Management: None for M-1.

Sh. Vishal Kwatra, Ld. AR for the management no. 2.

Management no. 3 had already been proceeded ex-parte.

AWARD 07.09.2026

1. This is an application U/s 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”) filed by the claimant stating that he was working as a “Security Guard” with the managements since 01.01.2012

and his last drawn salary was Rs. 9,000/- per month. He was engaged/deputed to supervise/take care the watch and ward of the management. He had been doing his work with diligently and honestly. His service record was clean and he had not given any complaint so far. Management no. 1 awarded the contract to management no. 2 for providing the security guard and supervisors for the period 01.08.2014 to 31.07.2015 which were renewed from time to time upto 15.06.2019 but the workman so called engaged under above agreement/contract were not apprised at all that whosoever is/are their contractors and workman was in impression that he was working under the direct control of management no. 1. Management no. 1 after proper scrutiny of the contract has again provided the contract management no. 3 i.e. M/s Good Year Security Services but this fact was concealed from workmen so engaged/appointed. Management no. 3 have taken over the work from management no. 2 w.e.f. 16.06.2019 but this fact was also not apprised to the workman so engaged in this matter and the workman so engaged were refused to take on duty by M/s Good Year Security Services i.e. Management no. 3. He had gone to the conciliation officer, but, no result was yielded. Hence, He has filed the present claim with the prayer to reinstate him with full back wages.

2. Respondent no. 1 has filed its written statement wherein they had stated that NIHFW is the National Institute of Health and Welfare (NIHFW) was established on 09.03.1977 by the merger of two national level institutions, viz. the National Institute of Health Administration and Education (NIHAE) and the National Institute of Family Planning (NIFP). They submitted that the present claim is not maintainable against the M-1 and is liable to be dismissed.

3. After completion of the pleadings, vide order dated 22.02.2023, following issues have been framed i.e.:-

(i) Whether the proceeding is maintainable?

(ii) Whether there exist employer and employee relations between R1 and claimant?

(iii) Whether the service of the claimant was illegally terminated by management no. 2?

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

(v) The benefits if permissible who would be liable to grant the same?

4. Now, the matter is listed for workman evidence. AR of the workman submitted that the workman does not wish to proceed further with his claim and therefore this claim may be dismissed accordingly.

5. In view of the oral submission of the Ld. AR for the claimant, his claim stands dismissed. Award is passed accordingly. A copy of this award be 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- 07.09.2026

Presiding Officer

CGIT-cum- Labour Court-II