Delhi District Court
Sh. Mata Prasad Tiwari vs M/S Schindler India Pvt.Ltd on 14 December, 2021
IN THE COURT OF SH. PAWAN KUMAR MATTO, PRESIDING
OFFICER, LABOUR COURT NO. 02, ROUSE AVENUE DISTRICT
COURTS: NEW DELHI
LIR No. 2591/17
DATE OF INSTITUTION 28.08.2017
DATE OF AWARD 14.12.2021
Sh. Mata Prasad Tiwari
S/o Sh. Kamlakar Tiwari
Ph. no. 9716970940
R/o C-176, Gali No. 3, Om Enclave, Amar Nagar
Faridabad, Haryana 121003 ..... Workman.
Vs.
M/s Schindler India Pvt.Ltd.
P.P. Trade Centre
Plot No. P.1, 301, 3rd Floor
Wazirpur District Centre
Netaji Subhash Palace
Pitampura, Delhi-34 ........Management
AWARD
1.This award of mine will dispose off the reference sent to this court by the office of the Joint Labour Commissioner, Labour Department, Distt. North -West, Govt. of the National Capital Territory of Delhi, Delhi, arising between the parties named herein above vide notification No. F.24/ID/229/17/NWD/437/17/Lab/1336-38 dated 20.07.2017 with the following terms of reference:-
"Whether services of workman Sh. Mata Prasad Tiwari s/o Sh. Kamlakar Tiwari have been terminated illegally and/or unjustifiably LIR no. 2591/17 1/6 by the management and if so, to what relief is he entitled and what directions are necessary in this respect?"
2. The workman has filed the present case against the management. The matter is already fixed for 23.11.2022 for evidence of the workman. The matter was referred to the National Lok Adalat held on dated 11.12.2021 and the matter was fixed for today for awaiting the result of the National Lok Adalat. In the National Lok Adalat, the workman had appeared in person. Sh. Kamal Kant Tyagi, AR of the management had also appeared.
3. In the National Lok Adalat, the ld. AR of the management had given the statement, which is as under:
"Statement of Sh. Kamal Kant Tyagi, Advocate, Enrl. No. 2524/2006, Office address B33, South Ex Part II, New Delhi 49 (Mb. No. 9313907096) on S.A. I am AR for management in the present case. I have been instructed by the management to settle the matter with the workman. Accordingly, I have offerred workman to settle all his disputes against the management for a sum of Rs. 2,00,000/- which he has accepted. I have paid Rs. 2,00,000/- to the workman by way of DD No. 00222, drawn on union Bank of India, Powai-Mumbai, dated 07.12.2021 towards his full and final settlement including all legal dues. The management has issued experience certificate in favour of the workman to his complete satisfaction. Now, no claim remain in favour of the workman against the management.
RO & AC sd/-
digital signature (RAMESH KUMAR-II) JUDGE NATIONAL LOK ADALAT/OOLC-06:RADC/New Delhi 11.12.2021 sd/-
(ABHISHEK RAJAN) LIR no. 2591/17 2/6 ASSOCIATE MEMBER 11.12.2021"
4. On hearing the statement of Sh. Kamal Kant Tyagi, the workman had also given the statement in the National Lok Adalat as under:
"Statement of Sh. Mata Prasad Tiwari s/o Sh. Kamlakar Tiwari, Aged about 33 years, R/o C-176, Om Enclave, Amar Nagar, Faridabad, Haryana-121003 (Mb. No. 9716970940). on S.A. I am the workman in the present case. I have accepted the offer of the management for a sum of Rs. 2,00,000/- to settle the matter. Accordingly, I have received Rs. 2,00,000/- from the management by way of D.D. No. 00222, drawn on Union Bank of India, Powai-Mumbai, dated 07.12.2021 towards my full and final settlement including reinstatement, back wages, earned wages, bonus, gratuity and service compensation etc. After receiving Rs. 2,00,000/-, I left with no claim against the management whatsoever in any manner. I have also received the experience certificate to my satisfaction. The present case may be disposed off as settled.
RO & AC sd/-
digital signature (RAMESH KUMAR-II) JUDGE NATIONAL LOK ADALAT/OOLC-06:RADC/New Delhi 11.12.2021 sd/-
(ABHISHEK RAJAN) ASSOCIATE MEMBER 11.12.2021
5. After recording the statement of ld. AR for the management and statement of the workman in the National Lok Adalat on dated 11.12.2021, the ld. Judge of the National Lok Adalat was pleased to send the matter to this court for passing an appropriate order.
LIR no. 2591/17 3/66. Today, workman has appeared in person and his AR Sh. Vineet Sinha, has also appeared through video conference. Sh. Kamal Kant Tyagi, ld. AR for the management has also appeared in the court.
7. The workman has handed over mobile phone maker of which is "apple", along with it's charger, ear-phone, mobile phone cover and his uniform to the AR of the management today in the court. Separate statement of the workman regarding handing over of the articles is recorded, which is as under:
"Statement of Sh. Mata Prasad Tiwari s/o Sh. Kamlakar Tiwari, Aged about 33 years, R/o C-176, Gali no.3, Om Enclave, Amar Nagar, Faridabad, Haryana-121003 (Mb. No. 9716970940).
on S.A. I am the workman in the present case. I have filed the present case against the management. Matter was referred to the National Lok Adalat, where a settlement was arrived at between me and the management and my statement was recorded in the National Lok Adalat on dated 11.12.2021 and I had received a demand draft of Rs. 2,00,000/- from the AR of the management in the National Lok Adalat, number thereof is mentioned in my statement, recorded in the National Lok Adalat.
Today, I have handed over a mobile phone maker of which is "apple", along with it's charger, ear-phone, mobile phone cover and my uniform to the AR of the management today in the court. I undertake to hand over the tool kit and Identity card issued by the management, to the management within one week from today. The matter may be disposed of fully and finally settled between me and the management. I will remain bound by my statements recorded in the National Lok Adalat on 11.12.2021 and today in the court.
RO&AC sd/-
sd/- (PAWAN KUMAR MATTO) PRESIDING OFFICER:LABOUR COURT-02 ROUSE AVENUE DISTRICT COURTS NEW DELHI/14.12.2021-ap"
8. On receiving the above mentioned articles, the ld. AR for LIR no. 2591/17 4/6 the management has also given the statement, which is as under:
"Statement of Sh. Kamal Kant Tyagi, Advocate, Enrl. No. 2524/2006, Office address B33, South Ex Part II, New Delhi 49 (Mb. No. 9313907096) on S.A. I am the AR of the management in the present case. The workman has filed the present case against the management. Matter was referred to the National Lok Adalat, where a settlement was arrived at between the workman and the management and I had handed over a demand draft of Rs. 2,00,000/- to the workman in the National Lok Adalat. My statement was recorded in the National Lok Adalat.
Today, I have received a mobile phone maker of which is "apple", along with it's charger, ear-phone, mobile phone cover and uniform of the workman in the court and I will hand over the same to the management. The workman has undertaken to hand over the tool kit and Identity card issued to him by the management, to the management within one week from today and prayed for disposal of the present matter as fully and finally settled between the parties to the present lis and shown his willingness to remain by his statements recorded in the National Lok Adalat on 11.12.2021 and today in the court. I also pray for disposal of the present matter as fully and finally settled between the workman and the management. The management will remain bound by my statements recorded in the National Lok Adalat on 11.12.2021 and today in the court.
RO&AC sd/-
sd/- (PAWAN KUMAR MATTO) PRESIDING OFFICER:LABOUR COURT-02 ROUSE AVENUE DISTRICT COURTS NEW DELHI/14.12.2021-ap"
9. In view of the settlement arrived at between the parties to the present lis in the National Lok Adalat and in view of the statements of the workman and ld. AR for the management recorded in the National Lok Adalat on dated 11.12.2021 and statements of the workman and ld. AR of the management, recorded today in the court, the matter is disposed off as fully and finally settled between the parties to the present lis in the light of the statements of the workman and ld. A.R of the management recorded in National Lok Adalat on 11.12.2021 and today in the court. Both the parties LIR no. 2591/17 5/6 will remain bound by the above statements recorded in the National Lok Adalat on dated 11.12.2021 and today in the court. The reference is answered accordingly.
10. Since the matter was earlier ordered to be listed on 23.11.2022 for evidence of the workman, but, in view of the settlement arrived at between the parties in the National Lok Adalat, the date earlier fixed as 23.11.2022 stands cancelled.
11. Attested copy of the award be sent to the Office of the Deputy Labour Commissioner, Government of NCT of Delhi of Distt./Area concerned for publication, as per rules and judicial file be consigned to Record Room, as per rules after compliance of necessary legal formalities.
PRONOUNCED IN THE OPEN COURT ON (PAWAN KUMAR MATTO) th
14 December 2021 PRESIDING OFFICER/LABOUR COURT-02 ROUSE AVENUE DISTRICT COURTS NEW DELHI -LIR no. 2591/17 6/6