Delhi District Court
Rakesh Marqus vs Also At: on 24 September, 2022
Page 1 of 6
IN THE COURT OF MS. NAVITA KUMARI BAGHA, PRESIDING OFFICER,
LABOUR COURT07, ROUSE AVENUE DISTRICT COURT, NEW DELHI
LIR No.2344/2017
CNR No.: DLCT130091552017
Rakesh Marqus
S/o Mr. Marqus
R/o H.No. 224, 3rd Floor, Dr. Mukherjee Nagar,
New Delhi110009
............ Workman
Vs.
M/s. Global Cancer Concern India
L28, Ground Floor, Kalkaji, New Delhi110019
Also At:
S18/4, DLF PhaseIII, Gurgaon - 122002 (Haryana)
.......... Management
Date of receiving of Reference : 09.08.2017
Date of passing Award : 24.09.2022
AWARD
1.Vide Reference No.F24(592)/Lab./SD/2017/16334 dated 03.08.2017, the following Reference from Deputy Labour Commissioner was LIR No.2344/2017 Rakesh Marqus Vs. M/s. Global Cancer Concern India Page 2 of 6 received for adjudication, sent by him U/Sec.10(1)(c) and 12(5) of Industrial Disputes Act, 1947 read with Notification no.S 110011/2/75/DK (IA) dated 14.04.1975 and Notification no. F 1/31/61/616/Estt./2008/7458 dated 03.03.2009 in respect of industrial dispute between the Workman and Management: "Whether Sh. Rakesh Marqus S/o Sh. Marqus is Workman as defined U/Sec.2(s) of the Industrial Disputes Act, 1947, if yes, whether his services have been terminated illegally and or unjustifiably by the Management; and if so, to what relief is he entitled and what directions are necessary in this respect?"
2. Reference in this case was received on 09.08.2017. Notice of Reference was issued to Workman and after service of notice, Statement of Claim was filed by him on 11.05.2018. Thereafter, notice of Statement of Claim was sent to Management and after service of notice, Written Statement was filed by the Management on 04.05.2019. Thereafter, Replication to Written Statement was filed by LIR No.2344/2017 Rakesh Marqus Vs. M/s. Global Cancer Concern India Page 3 of 6 the Workman on 23.10.2019. As the Management had raised objection in its Written Statement regarding territorial jurisdiction, so, following preliminary issue was framed vide order dated 23.10.2019: "1. Whether this Court has territorial jurisdiction to entertain the present Petition as the Workman's last working place was at Gurgaon, in view of the judgments titled as (i) Braham Prakash Vs. Govt. of NCT of Delhi & Ors. in Writ Petition (C) No.6105/2007; (ii) M/s. D.L.F. Universal Ltd. Vs. The Government of National Capital Territory, Delhi & Ors. cited as 2002 LLR 407; (iii) The M.P. State Road Transport Corporation Vs. The Industrial Court, M.P., Indore - M.P. No.3605/1986, dated February 1, 1995); (iv) Sh. Harsaran Singh Vs. The Managing Director, M/s. Modern Food Industries (India) Ltd. in WP (C) No.710/2019 decided on 14.07.2009; and (v) M/s. Hindustan Unilever Ltd. Vs. Union of India & Ors. in WP (C) No.7050/2008 decided on 14.07.2009, which LIR No.2344/2017 Rakesh Marqus Vs. M/s. Global Cancer Concern India Page 4 of 6 deals with this very kind of situation and thereby laying down the principle of law that in such a situation only the Courts where the situs of employment was there, can have the jurisdiction to entertain such dispute."
After framing of aforesaid preliminary issue, the matter was adjourned for 06.11.2019 for arguments on the preliminary issue. The present was received by way of transfer on 19.02.2021, but nobody had appeared to address arguments on preliminary issue and therefore, matter was adjourned for 29.04.2021 and thereafter for 30.07.2021 and thereafter for 21.10.2021 for arguments on the preliminary issue. Though the AR of Management had appeared on 21.10.2021, but nobody had appeared from the side of Workman to address arguments and therefore, last opportunity was given to Workman vide order dated 21.10.2021 for addressing arguments on the preliminary issue on 09.12.2021. But again, nobody had appeared from the side of Workman on 09.12.2021 and in the interest of justice, Court Notice was issued to Workman and his AR with the direction to address LIR No.2344/2017 Rakesh Marqus Vs. M/s. Global Cancer Concern India Page 5 of 6 arguments on the preliminary issue on 05.02.2022. Though the Workman had appeared on 05.02.2022, but his AR had not appeared and therefore, matter was adjourned for 18.04.2022 for arguments on the preliminary issue. But again, nobody had appeared on behalf of Workman on 18.04.2022 and matter was adjourned for 19.07.2022 while granting last opportunity for addressing arguments on the preliminary issue. But again on 19.07.2022, nobody had appeared on behalf of the Workman to address arguments. However, in the interest of justice, last and final opportunity was given to Workman vide order dated 19.07.2022 for addressing arguments on the preliminary issue on 24.09.2022. But despite grant of numerous opportunities as well as making of repeated calls today since morning, nobody has appeared on behalf of the Workman to address arguments on the preliminary issue. Thus, it appears that the Workman is not left with any grievance against the Management and due to this reason, he has lost interest in pursuing this case and therefore, he is not coming forward to pursue his case.
3. Hence, No Dispute Award is passed and Reference is answered accordingly. Copy of Award be sent to Labour Commissioner for LIR No.2344/2017 Rakesh Marqus Vs. M/s. Global Cancer Concern India Page 6 of 6 publication. File be consigned to Record Room.
Digitally signed by NAVITA
(Announced in open NAVITA KUMARI
BAGHA
KUMARI
Court on 24.09.2022) BAGHA
Date:
2022.09.24
16:02:25
+0530
(Navita Kumari Bagha)
Presiding Officer, Labour Court07
Rouse Avenue District Court, New Delhi (Sushil) LIR No.2344/2017 Rakesh Marqus Vs. M/s. Global Cancer Concern India