Delhi District Court
Smt. Beena @ Veena Rathore D/O Sh. B.C. ... vs Business Manager on 30 April, 2011
IN THE COURT OF SH. CHANDRA GUPTA
PRESIDING OFFICER LABOUR COURTX
KARKARDOOMA COURTS, DELHI.
I.D. No. : 347/09
Date of Institution of the case : 29.07.2008
Date on which reserved for Award : 20.04.2011
Date on which Award is passed : 30.04.2011
Unique ID No. 02402C0558462008
Smt. Beena @ Veena Rathore D/o Sh. B.C. Rathore,
R/o H.No. 420, Gali no.8,
West Kanti Nagar, Krishna Nagar, Delhi.
.................Workman
Versus
Business Manager,
Shikha Marketing Company,
Omicare a Division of Cipla Ltd.,
Address: A37, IInd Floor,
Cipla House, Connaught Place,
New Delhi.
.................Management
AWARD
The workman Smt. Beena Rathore, raised an industrial dispute
regarding the termination of her services by the management of M/s
M/s Shikha Marketing Company. Direct statement of claim was filed
I.D. No. 347/09 Page 1 out of 5
by the workman in the court. In the statement of claim, it is stated by
the workman that the workman was working as Sales
Executive/Medical since 08.06.2006 on a last drawn salary of
Rs.5,000/ per month excluding other charges and allowance; that the
management assured the workman for four leaves per month and that
medical and overtime will be provided to her; that since April 2008
the management no.1 stopped the salary of the workman without
giving any notice or reason and told her that her services are not
required in future; that the management forcefully got signatures of
the workman on some blank papers and business manager also
threatened to the workman not to complain anywhere; that the
workman is unemployed since the date of her termination; that on
09.07.2008 a demand notice was sent to the management through
registered post but the management did not give any reply; that the
termination of the services of the workman is in violation of the
provisions of Section 25 F of the I.D Act, 1947. Hence, the workman
has claimed for reinstatement with full back wages, continuity of
service and all her dues.
Notice of the filing of statement of claim was sent to the
management. The management appeared and filed the written
I.D. No. 347/09 Page 2 out of 5
statement and contested the claim of the workman. In the written
statement filed by the management it has taken the preliminary
objections that the services of the workman were purely contractual
which came into existence on August 1, 2007 and was snapped on
27th June 2008; that the workman had resigned from the services of
M/s Nova Mark vide her resignation letter dated 31.07.2007. On
merits it is denied that the workman joined the management on
08.06.2006 on the post of Sales Executive/Medical Representative;
that the management had a contract with the workman on 1st August
2007 and on 27.06.2008 her contract with the management was
snapped; that the workman was paid salary for the months of April
and May 2008; that on 25.07.2008 a demand notice was received by
the management which was replied on 29.07.2008; that the action of
the management is covered under sub clause (bb) of section 2(oo) of
the I.D Act, 1947. Hence, it is prayed that the claim be dismissed.
In Rejoinder, all the averments of statement of claim are
reaffirmed and of the written statement are denied by the workman.
On the pleadings of the parties vide order dated
04.12.2008, the following issues were framed:
1.Whether the services of workman were terminated I.D. No. 347/09 Page 3 out of 5 illegally or justifiably by the management, if so, its effect?
No other issue arose or pressed and the case was adjourned for workman evidence.
In support of her case, workman herself appeared as WW1, filed her evidence by way of affidavit Ex. WW1/A. In her affidavit, she has reiterated all the averments of her statement of claim. She has relied upon the documents Mark A and B. However, during the pendency of the case for management evidence, the workman has settled all her disputes with the management in respect of her reinstatement, back wages, continuity of service and consequential benefits, if any, etc. in payment of an amount of Rs. 45,000/ (Rupees Forty Five Thousand only) on the part of the management to the workman in this regard, vide settlement dated 16.02.2011 arrived at between the workman and the management in this regard, Ex.C1, which amount has been received by the workman from the management in cash, receipts in respect of the amounts totaling the settled amount are Exts. C2 and C3 and receipt of which amount the workman has acknowledged. Now the workman is left with no claim whatsoever against the management.
I.D. No. 347/09 Page 4 out of 5 Statements of the parties to the said effect have been recorded separately, on record.
As discussed above, as the matter has been settled between the parties, the workman is not entitled to any other claim.
The Award is passed in terms of settlement. The Ahlmad is directed to send six copies of this award to the appropriate Government. The file be consigned to the Record Room. Announced in the open court on 30.04.2011 (CHANDRA GUPTA) Presiding Officer Labour CourtX Karkardooma Courts, Delhi.
I.D. No. 347/09 Page 5 out of 5