Delhi District Court
Unknown vs 5.1993. Since Then on 2 July, 2011
BEFORE THE COURT OF SH RAKESH KUMAR SHARMA
PO : LABOUR COURT : KKD : DELHI
ID No. 215/10/98
Unique ID No. 02402C0009241998
M/s. Gujrat State Fertilizers Co. Ltd.,
6th Floor, Meridian West Tower,
Windsor Place,
New Delhi01.
...........Management
And
Its workman Shri Prem Singh Patwal,
C/o Cine Employers Association,
780 Balimaran, Delhi06.
..............Workman
DATE OF INSTITUTION : 20.05.1998
DATE ON WHICH AWARD RESERVED : 30.05.2011
DATE ON WHICH AWARD PASSED : 02.07.2011
A W A R D
1. This is a reference sent by the Government of NCT of Delhi vide Order
No. F.24 (1790)98Lab./ 1564650, dated 13.05.98, with the following terms :
"Whether the services of Shri Prem Singh Patwal have
been terminated illegally and / or unjustifiably by the
management, and if so, to what relief is he entitled and
what directions are necessity in this respect?"
ID 215/10/98 1/4
2. In his claim, it is submitted by the workman that he was appointed by the
AGM of the management after interview as a Peon on company roll w.e.f.
01.05.1993. Since then, he was working with the management against permanent
post. The management did not maintain proper service records of its workmen nor
provided them legal benefits as required by industrial laws. The workman and
others made a complaint to the Labour Inspector on 13.01.1997 against the
management in this regard. On the complaint, the Labour Inspector visited the
management and found the complaint to be true. The Labour Inspector asked the
management to produce the service records of the workmen on 29.01.1997. On
the said date, some officers of the management appeared before Labour Inspector
and prayed for some more time for filing the record. The Labour Inspector
adjourned the matter to 17.02.1997. However, on the very next day i.e
30.01.1997, the management terminated the services of the workman by refusing
him to resume his duties without any order in writing and without assigning any
reason. Thereafter, the workman went to the management many times for
resuming his duties but he was not allowed to join. The workman also lodged a
complaint with the Labour Department and also sent a demand notice dated
20.02.1997 to the management but the management did not give any reply despite
service of the said notice. The last drawn salary of the workman was Rs. 2600/
per month. He is unemployed since his termination inspite of his best efforts to
get employment. The workman prayed for reinstatement with full back wages,
ID 215/10/98 2/4
continuity of services and all consequential benefits.
3. The management appeared before the court and instead of filing its written
statement, it filed an application for impleading one M/s. Echjay Construction
Company as respondent. The application was dismissed by the then Presiding
Officer. The order was challenged by the management by filing a Writ Petition bearing No. 7646/99. The Writ Petition was allowed by the Hon'ble Mr. Justice Swantanter Kumar, Delhi High Court vide order dated 02.12.2004.
4. It has been specifically recorded in the order passed by the Hon'ble High Court that the workman died on 01.06.2004 i.e during the pendency of the proceedings before Hon'ble High Court and his legal heirs were brought on record before the Hon'ble High Court. While allowing Writ Petition, the Hon'ble High Court directed that the legal heirs of the workman were at liberty to file an amended petition before this court on the next date of hearing and the parties were directed to appear before this court on 17.01.2005.
5. On 02.12.2004, when the order was passed by the Hon'ble High Court, the next date of hearing before this court was 20.12.2004. However, none has been appearing for the workman after passing of the order dated 02.12.2004, by the Hon'ble High Court, before this court. No amended petition has been filed by the legal heirs of the workman till date as per the directions of the Hon'ble High Court. ID 215/10/98 3/4
6. In view of the above discussion, it is clear that the legal heirs of the workman do not want to pursue the matter and hence a "NO DISPUTE AWARD"
is passed. The reference is answered accordingly.
7. The requisite number of copies be sent to the appropriate government for publication of the award. File be consigned to record room.
Dictated to the Steno & (RAKESH KUMAR SHARMA)
Announced in the open Court POLCXVII/KKD, DELHI
on 02nd July, 2011.
ID 215/10/98 4/4