Delhi District Court
{The Requisite Details Of The vs Laljeet Yadav & Ors on 30 November, 2021
Page 1 of 8
IN THE COURT OF MS. NAVITA KUMARI BAGHA, PRESIDING OFFICER,
LABOUR COURT-07, ROUSE AVENUE DISTRICT COURT, NEW DELHI
LID No.308/2019
CNR No. DLCT13-002085-2019
Shiv Ratan
S/o Late Sh. Ram Bhagat
R/o A-127, Punjabi Basti, Kunwar Singh Chowk
Baljeet Nagar, Patel Nagar, Delhi-08
{The requisite details of the Workman in compliance to judgment of
Hon'ble High Court of Delhi titled as "Director General of Works
(CPWD) Vs. Laljeet Yadav & Ors., W.P.(C) No.2540/2021, DOD
16.07.2021" are as follows:
Permanent Address of the Workman:
R/o A-127, Punjabi Basti, Kunwar Singh Chowk
Baljeet Nagar, Patel Nagar, Delhi-08
Mobile Number of the Workman:
7065611551
Name and Mobile Number of the AR of the Workman:
Sh. Ajit Singh
Mob. No.9811619336
Details of one of immediate family member of the Workman:
Smt. Usha Devi W/o Sh. Shiv Ratan
Mob. No.9971196440
AADHAR Card Number of the Workman:
407596337200}
............ Workman
Vs.
M/s. R.C. Jindal Industries
LID No.308/2019
Shiv Ratan Vs. M/s. R.C. Jindal Industries
Page 2 of 8
Khasra No.208, near Surya Daba
Rithala Gaon, New Delhi-110085
.......... Management
Date of receiving of Statement of Claim : 14.05.2019
Date of passing Award : 30.11.2021
AWARD
1.The Statement of Claim U/Sec.2A(2) of Industrial Disputes Act, 1947, was filed by the Workman on 14.05.2019. The brief facts as mentioned in the Statement of Claim are as follows :-
1. That the Workman was working with the Management on the post of Machine Man since March, 2006 and his last drawn wages were Rs.10,000/- per month.
2. That the Workman had worked with utmost sincerity and honesty and never given any chance of complaint to the Management. Nor the Management had ever charge-sheeted him for any dereliction of duty or misconduct.
3. That the Management had not provided the Workman with legal facilities viz. Casual Leave, Pay Slip, Leave Book, Overtime wages, ESI, PF, CA, yearly increment, Festival Leave etc. When he raised demand for the said facilities, the Management got annoyed and on 21.08.2017 illegally terminated the Workman from his services, without any rhyme or reason and without paying LID No.308/2019 Shiv Ratan Vs. M/s. R.C. Jindal Industries Page 3 of 8 the earned wages for the month of July and 20 days of August, 2017.
4. That the Workman had sent a demand notice dated 16.01.2018 to the Management, but despite service of said notice, the Management neither reinstated him nor sent any reply to the said notice.
5. That the Workman filed his Complaint against the Management before the Assistant Labour Commissioner, Nimari, New Delhi and on his complaint, Labour Inspector visited the establishment of Management and advised the Management to reinstate the Workman in service and pay his earned wages for the above said months, but the Management neither reinstated him nor paid the earned wages for the aforesaid period.
6. The Management has violated the provisions of Section 25F and G of Industrial Disputes Act, 1947, hence the termination of service of Workman is illegal and unjustified and liable to be set-aside.
The Workman is entitled to reinstatement with full back wages.
7. The Workman had filed his Statement of Claim before Assistant Labour Commissioner, Nimari Colony, New Delhi where the Conciliation Officer issued a number of notices to the Management to participate in the Conciliation Proceedings, but the Management did not appear before him and then he gave his failure report and directed the Workman to LID No.308/2019 Shiv Ratan Vs. M/s. R.C. Jindal Industries Page 4 of 8 file his direct Statement of Claim before the Court for proper adjudication.
2. Notice of Statement of Claim was issued to the Management and the Management was served with said notice on 13.07.2019, but despite service of notice, neither anybody appeared on behalf of the Management nor filed any Written Statement and therefore vide Order dated 16.08.2019, the Management was proceeded against ex- parte.
3. In order to prove his case, the Workman has examined only one witness i.e. himself as WW-1.
4. The WW-1, in his affidavit of evidence i.e. Ex.WW-1/A, has reiterated and reaffirmed the contents of his Statement of Claim. While reiterating submissions made in the Statement of Claim, he, in order to prove his case, has exhibited the following documents:
(i) Ex.WW-1/1 - Complaint dated 08.11.2017 filed before Assistant Labour Commissioner.
(ii) Ex.WW-1/2 - Report of Labour Inspector dated 13.02.2018.
(iii) Ex.WW-1/3 - Demand Notice dated 16.01.2018 sent by the Workman to the Management.LID No.308/2019
Shiv Ratan Vs. M/s. R.C. Jindal Industries Page 5 of 8
(iv) Ex.WW-1/4 - Postal Receipt.
(v) Ex.WW-1/5 - Statement of Claim filed before the Conciliation Officer.
(vi) Ex.WW-1/6 - Failure Report dated 07.02.2019 issued by the Conciliation Officer.
5. I have heard the final arguments from Sh. Ajit Singh, AR for the Workman and perused the record.
6. The Workman/WW-1 has deposed that he was working with the Management at the post of Machine Man since March, 2006 and his last drawn wages were Rs.10,000/- per month. He has further deposed that the Management had not provided him the illegal facilities viz. Appointment Letter, Casual Leave, Pay Slip, Leave Book, Overtime Wages, ESI, PF, CA, yearly increment, Festival Leave, etc. He has further deposed that though he had worked sincerely, honestly and his service record was well satisfactory and he had never given any chance of complaint to the Management, but the Management got annoyed at him when he asked for the aforesaid facilities and on 21.08.2017, the Management illegally terminated his services without any rhyme or reason and without paying his earned LID No.308/2019 Shiv Ratan Vs. M/s. R.C. Jindal Industries Page 6 of 8 wages for the month of July and 20 days of August, 2017. He has further deposed that he had filed a complaint dated 08.11.2017 i.e. Ex.WW-1/1 against the Management before the Assistant Labour Commissioner and on the said complaint, the Labour Inspector had visited the establishment of Management and advised the Management to reinstate the Workman and pay him his aforesaid earned wages, but the Management neither reinstated him nor paid earned wages to him. He has proved the report of Labour Inspector dated 13.02.2018 as Ex.WW-1/2. In the said report, the Labour Inspector has categorically stated that Sh. Ramesh Jindal, Proprietor of M/s. R.C. Jindal Industries had appeared before him and stated that the Workman was working in his Firm for 12-13 years and asked for some time to resolve the matter, but, thereafter, he failed to appear and hence, the matter could not be resolved.
7. The Workman/WW-1 has further deposed that the Management has violated the provision of Section 25-F and G of Industrial Disputes Act, 1947 and hence, his termination is illegal and unjustified and liable to be set-aside. He has further deposed that he had sent a Demand Notice dated 16.01.2018 i.e. Ex.WW-1/3 to the Management, but despite service of said Notice, the Management neither sent any reply to said notice nor reinstated him and therefore, LID No.308/2019 Shiv Ratan Vs. M/s. R.C. Jindal Industries Page 7 of 8 he filed his Statement of Claim i.e. Ex.WW-1/5 before the Labour Conciliation Officer, but the Management did not participate in the conciliation proceedings and the Conciliation Officer gave his Failure Report dated 07.02.2019 i.e. Ex.WW-1/6 and directed him to file his direct Statement of Claim before the Court for proper adjudication. He has further deposed that after his illegal termination, he searched for job at many places but did not find any job and thus, he has been completely unemployed and dependent upon his family.
8. The Management has never disputed, either by replying to the Demand Notice Ex.WW-1/3 or by filing Written Statement before this Court or by cross-examining the WW-1, the following facts: the relationship of employer-employee between it and the Workman; non- providing of facilities like Appointment Letter, Casual Leave, Pay Slip, Leave Book, Overtime Wages, ESI, PF, CA, yearly increment, Festival Leave, etc. to the Workman; the illegal termination of services of Workman on 21.08.2017 and violation of provisions of Sec.25-F and G of Industrial Disputes Act; the correctness of its address on the Demand Notice Ex.WW-1/3 and its service upon the Management; the report of Labour Inspector i.e. Ex.WW-1/2; and the factum of Workman being unemployed despite making various efforts to find job. Since the testimony of WW-1 has gone unchallenged and LID No.308/2019 Shiv Ratan Vs. M/s. R.C. Jindal Industries Page 8 of 8 uncontroverted, so, I have no reason to disbelieve his testimony and thus in this scenario, hold that the aforesaid facts have stood proved.
9. So, in view of the unchallenged and unrebutted testimony of WW-1 coupled with the report of Labour Inspector i.e. Ex.WW-1/2, vide which the relationship of employer-employee between the parties has been established, the Statement of Claim as filed by the Workman is allowed and the Management is directed to reinstate the Workman in service with full back wages along with all other consequential benefits. Award is passed accordingly. Reference stands answered in aforesaid terms. Copy of this Award be sent to the Labour Commissioner for publication. Case file be consigned to the Record Room.
NAVITA Digitally signed
by NAVITA
KUMARI KUMARI BAGHA
Date: 2021.11.30
(Announced in open BAGHA 19:10:51 +0530
Court on 30.11.2021)
(Navita Kumari Bagha)
Presiding Officer, POLC-07,
Rouse Avenue District Court, New Delhi
LID No.308/2019
Shiv Ratan Vs. M/s. R.C. Jindal Industries