Delhi District Court
). Ram Sringar S/O Shri Abhay Raj vs Unknown on 25 August, 2014
IN THE COURT OF SHRI SANJAY SHARMA
PRESIDING OFFICER : LABOUR COURTXIX
KARKARDOOMA COURTS : DELHI
LIR No. 925/2006
UNIQUE ID NO. 02402C0 0461352005
1). Ram Sringar S/o Shri Abhay Raj
2). Shyam Sunder S/o Shri Mange Lal
3). Raj Narain S/o Shri Dashrath
4). Raj Kumar S/o Shri Rajbali
5). Indersen S/o Shri Ram Suresh
6). Sumit Kumar S/o Shri Shyam Lal
7). Kamal S/o Shri Chiranjee Lal
8). Kasim S/o Mohd. Nizamuddin
9). Ilam S/o Mohd. Suleman Khan
10).Salim S/o Mohd. Sayed Hafizuddin
11).Gulab Singh S/o Shri Kalu Singh
12).Mohd. Mehtab S/o Mohd. Abid Hussain
13).Jai Prakash Maurya S/o Shri Uma Shanker
14).Satpal S/o Shri Kashi Ram
15).Om Prakash (deceased) S/o Shri Bhanwar Singh
16).Mohd. Jamil S/o Shri Natha
17).Mohd. Arif S/o Mohd. Abbas
18).Mohd. Rafique S/o Mohd. Riyazuddin
19).Awadh Kishore S/o Shri Bakunth Sharma
20).Khan Bahadur S/o Mohd. Riyazuddin
21).Mohd. Naushad S/o Mohd. Abdul Sayeed
LIR No. 925/2006 Page 1 / 6
22).Gyan Chand S/o Shri Samar Bahadur
23).Arvind Kumar S/o Shri Ram Niwas
24).Noor Mohd. S/o Mohd. Shamim
25).Awdesh Kumar S/o Shri Chhotey Lal
26).Manzoor Ali S/o Mohd. Mani Miyan
27).Mohd. Aslam S/o Mohd. Izhar
28).Surender Kumar S/o Shri Bhullan Singh
29). Nand Lal S/o Shri RadhaKrishan ......WORKMEN
Versus
M/S Superior Crafts
D12, D13, Udyog Nagar,
Peeragarhi, New Delhi - 110 041 ......MANAGEMENT
Date of institution : 02.7.2005
Date of reserving the award : 25.8.2014
Date of award : 25.8.2014
Ref. No. F.24(93)/05/Lab/590610 dated 29.5.2005
A W A R D
Having satisfied regarding existence of an industrial
dispute between the parties, the Secretary (Labour), Government of
NCT of Delhi in exercise of powers conferred by section 10(1)(c)
and section 12(5) of the Industrial Disputes Act, 1947 with Govt. of
LIR No. 925/2006 Page 2 / 6
NCT of Delhi, Labour Department Notification No. F.
1/31/616/Estt./2008/7458 dated 03rd March 2009 of Govt. of NCT of Delhi referred the present dispute to Labour Court No. XIX for adjudication with the following terms of reference:
"Whether management has dispensed with the services of S/Shri Ram Shringar & 28 others as per Annexure 'A' legally and justifiably or the management has resorted to lock out w.e.f. 28/05/04 in r/o these workmen stated above and if so, to what other relief are they entitled and what directions are necessary in this respect?"
2. The notice of reference was served on the workmen who filed statement of claim alleging therein that they joined the management on different dates as Tailor, except workmen namely Om Prakash and Mohd. Jamil who both were Helper. They alleged that their signatures were obtained appointment letter and various printed papers and vouchers including ESI and PF forms and retained with them and they were not provided with any appointment letter, attendance card, pay slip, leave book etc. They further alleged that they were not allowed to work in one unit of the management for more than 78 months and were transferred in five different units of the management without any written transfer LIR No. 925/2006 Page 3 / 6 order. They submitted that they filed a claim dt. 17.3.2004 before the Labour Office raising their demands on which the workmen were transferred/suspended or their post was changed and subsequently, on 28.5.2004 the services of the workmen were dispensed with and the management resorted to lock out. Hence, through this claim the workmen demanded their reinstatement with full back wages and consequential benefits.
3. The management has contested the claim and has filed written statement submitting that the claim of the workmen is suffering from nonespousal and the Union has no locus standi to represent the case of the claimants. Other allegations were denied specifically and categorically.
4. The workmen filed rejoinder to the written statement of the management denying the counter allegations and reinstated their plea taken in the claim.
5. From the pleadings of the parties, following issues were framed on 05.2.2007 :
LIR No. 925/2006 Page 4 / 6
1). Whether the management dispensed with services of the workmen legally and justifiably? OPM
2). Whether the management resorted to lockout w.e.f. 31.7.2004 in respect of of the workmen?
3). Relief.
6. In evidence, 14 workmen examined themselves as WW1 to WW14. The management examined Shri YK Sharma - Manager (Personnel) in chief as MW1 and his crossexamination was deferred.
7. It is pertinent to mention here that workman namely Om Prakash expired during the trial and his wife namely Smt. Ramwati was impleaded at his LR vide order dt. 12.12.2011.
8. During the course of workmen/management evidence, all the workmen intermittently amicably settled the matter with the management fully and finally. Statement of the workmen as well as Shri YK Sharma Manager of the Management and that of Shri Shashi Bhushan - General Manager was recorded to this effect, which is a part of court record. Smt. Ramwati settled the claim of her deceased husband namely Om Prakash and received the settled LIR No. 925/2006 Page 5 / 6 amount. Since the workmen had received the full and final settlement amount in court, their claim stands fully and finally settled.
Reference stands answered accordingly. Copies of this award be sent for publication and case file be consigned to record room.
ANNOUNCED IN OPEN COURT ON 25th day of August 2014 (SANJAY SHARMA) PRESIDING OFFICER LABOUR COURTXIX KARKARDOOMA COURTS, DELHI LIR No. 925/2006 Page 6 / 6