Sh. Sandeep Kumar vs UIDAI & Anr on 10 August 2026

1. Unique Identification Authority of India, (Admin) HQ (UIDAI), Bangla Sahib Road, Behind Kali Bari Mandir, Gole Market, New Delhi-110001.

2. Snow mex Engineers Ltd. 03 & 04 Jeevan Deep Building (Annexe), 10-Parliament Street, New Delhi-110001.

Appearance:- For Claimant: None for the claimants. For Management: Sh. Kartik, clerk of Sh. Sumit Sahni, Ld. AR for management-1.

None for the management-2.

AWARD

1 . By this composite order, I shall dispose of these three applications of U/S 2A of the Industrial Disputes Act, 1947 (here in after referred as an ‘Act’) filed by the different claimants against the same respondents, because of having the common respondents and same cause of action, these cases are taken together for their illegal termination. Claims of the workmen are that they had been serving the management-1 through management-2. Names and particulars of their employment are given below- List of Workmen Name Post Dates of Joining Dates of Termination Last drawn Salary Dharam Pal Electrician 01.10.2013 30.06.2018 13,000/- Abhishek Shukla Electrician 24.06.2014 23.10.2018 11,000/- Sandeep Kumar AC Technician 13.04.2011 30.09.2018 12,000/-

2. They had been doing their work with diligently and honestly. Their service records are clean and they have not given any complaint so far. They were working in the Department of Maintenance Contract of AHU and Air Conditioning systems of management no. 1 at 2nd Floor, Tower-1, Jeevan Bharti Building, Connaught Circus, New Delhi-110001. They submitted that the nature of job on which they were engaged was of permanent in nature. Moreover, no appointment letters were issued to the workmen by the management no. 1 at this time of their appointment but they used to take attendance of the workman on their attendance sheets regularly since of dates of their engagement (mentioned above) with management no. 1. In the month of November, 2014, they were deprived from their rights/benefits available to them by management no. 1 under the labour law and also from the status of permanent employee has executed an agreement with the management no. 2 for providing man’s power to the management no. 1 under malafide intention and the workmen were shown to be a contract workmen but they remained working under the direct control and supervision of the management no. 1. Further the management no. 2, thereafter, started paying salary through NIFT

from the account o M/s Snowmex Engineers Ltd. and M/s Sigma Refrigeration. They were not paid the minimum wages nor they were given the facilities of PF and ESI by the management then they including other employees has made a demand/complaint vide their letter dated 13.01.2015 to the management no. 1, but, surprisingly despite receiving the same, the management no. 1 did not take any steps regarding disclosing of membership no. under the PF and ESI Welfare Scheme. When the workmen had requested to the management no. 1 about legal facilities, the officer of the management no. 1 refused the workmen that he is not liable for above said facilities and with their ulterior motive has terminated their services on the above said dates (mentioned in the table) without any reason or any notice or any notice pay, retrenchment compensation which is a violation of provision of sections 25-F, 25-G & 25-H of the Act. They have gone to the conciliation officer, but, it was resulted into failure. Hence, they have filed the present claims with the prayer that they be reinstated in their services with full back wages

3. W.S has been filed by the respondent-1, wherein, they have stated that claimants have never been employed or recruited according to law by the answering respondent and claimants have not come with clean hands before this Tribunal. They stated that contract for works was given to M/s Snowmex Engineers Ltd. i.e. Respondent no. 2 for AMC of petty electrical work including all accessories/related attachment/fixture by the answering management and the claimants were engaged by respondent no. 2. Hence, they submitted that claims of the claimants are liable to be dismissed.

4. Management-2 has filed its WS, stating that answering respondent was only an annual contractor for the respondent no. 1 which was extended from time to tome and since May, 2018 the contract of the answering respondent was ended with respondent no. 1. They submitted that workmen were working on demand/part time basis under M/s Sigma Refrigeration in turn paid their remuneration. Hence, M/s Snowmex Engineers Ltd. has no obligation under ESIC/EPF of the person under question. As and when UIDAI needed staff they were deputed. As per the agreement, M/s Snowmex Engineers Ltd. was regularly paying ESI/EPF of the employee on roll. They further submitted that on the expiry of the contract all dues pending on account on part time were

cleared and only then no dues claims certificate was signed by workmen. Hence, he submitted that claim of the claimant deserves to be dismissed.

5. After completion of the pleadings, vide order dated 05.01.2022, following identical issues have been framed in all the cases i.e.-

(i) Whether the proceeding is maintainable.

(ii) Whether there exist employer and employee relationship between management no. 1 and the claimant.

(iii) Whether the agreement executed between management no. 1 and 2 is sham and intended to camouflage the employer and employee relationship between the management and claimant.

(iv) Whether the services of the claimants were illegally terminated by the management no. 1 without following the procedure of law laid u/s 25-F, G & H of the I.D. Act.

(v) To what relief the claimants are entitled to.

6. Now, these matters are listed for workmen’s evidence. Affidavit of claimant Sh. Sandeep Kumar is already on record in ID No. 98/2019. The affidavit remains to be filed in rest of two cases. Thereafter, no one has been appearing since long to substantiate their claims despite providing several opportunities.

7. In these circumstances, when claimants are not interested in perusing their cases, this Tribunal has no other option but to dismiss their claims. Hence, their claims stand dismissed. Awards are 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. Records of these files are consigned to record room. A copy of this award is placed in each of the file.

ATUL KUMAR GARG Date- 10.08.2026

Presiding Officer

CGIT-cum- Labour Court-II