Delhi District Court
Sh. Gajadhar Yadav vs (I) M/S. Indo Plastic Industries on 14 December, 2016
IN THE COURT OF MS. ILLA RAWAT: POLCV:
KARKARDOOMA COURT: DELHI Old ID No. : 869/2008 New ID No : 999/2016 In the matter of : 1 Sh. Gajadhar Yadav 2 Sh. Gauri Shanker Dubey 3 Sh. Raju Saha 4 Sh. Ram Gopal 5 Sh. Ram Naresh Yadav 6 Sh. Ram Naresh YadavI 7 Sh. Nanku Singh 8 Sh. Hare Krishna, 9 Sh. Ramanand 10 Sh. Dilip Kumar 11 Sh. Naresh Paswan 12 Sh. Rajender Kumar Sharma 13 Sh. Ram Dayal Through : General Mazdoor Lal Jhanda Union, I441, Karampura, New Delhi15. ........Claimants / Workmen VERSUS
(i) M/s. Indo Plastic Industries
(ii) M/s. Unique Enterprises, Both at : WZ27/19A, 12, Phool Bagh, Rampura, New Delhi35. ........ Managements Date of Institution : 16.01.1999 Date of reserving award : 14.12.2016 Date of pronouncement : 14.12.2016 A W A R D 1 A reference No.F24(5840)/98Lab./65762 dated 08.01.1999 was ID No : 999/2016 Page No.1 of 5 received from the appropriate government for adjudication and disposal of an industrial dispute between the workmen and the management with the following terms of reference : "Whether the services of S/Shri Gajadhar Yadav, Gauri Shanker Dubey, Raju Saha, Ram Gopal, Ram Naresh Yadav, Ram Naresh YadavI, Nanku Singh, Hare Krishna, Ramanand, Dilip Kumar, Naresh Paswan, Rajender Kumar Sharma and Ram Dayal have been terminated illegally and/or unjustifiably by the management, and if so, to what relief are they entitled and what directions are necessary in this respect?"
2 A notice of the aforesaid reference was sent to the workmen for filing of their statement of claims. The workmen Gajadhar Yadav, Gauri Shanker Dubey, Raju Saha, Ram Gopal, Ram Naresh Yadav, Hare Kishan, Ramanand, Dilip Kumar, Naresh Paswan, Rajender Kumar Sharma and Ram Dayal appeared and filed their joint statement of claim on 09.07.1999, wherein they stated that they were working under the management at posts and dates more specifically mentioned as under and that their services were terminated on dates also mentioned hereunder : Sr. Name of Posts Salary Date of Date of No. workmen appointment termination 1 Gajadhar Machineman 2103 01.02.1992 28.08.1998 Yadav 2 Gauri Shanker Helper 1937 02.01.1997 28.08.1998 Dubey 3 Raju Shaha Helper 1937 03.02.1989 28.08.1998 4 Ram Gopal Helper 1937 15.02.1990 28.08.1998 5 Ram Naresh Machineman 2103 03.01.1996 18.08.1998 Yadav ID No : 999/2016 Page No.2 of 5 6 Hare Kishan Helper 1937 27.03.1995 28.08.1998 7 Ramanand Machineman 2103 24.01.1996 28.08.1998 8 Dilip Kumar Machineman 2361 26.02.1992 18.08.1998 9 Naresh Paswan Helper 1937 23.03.1994 28.08.1998 10 Rajender Machineman 2103 25.04.1989 18.08.1998 Kumar Sharma 11 Ram Dayal Helper 1937 01.02.1996 18.08.1998 The workmen prayed that management be directed to reinstate them in service with full back wages and with continuity of services.
3 The management No.1 and 2 were duly served with the notice of the claimfiled on behalf of abovementioned workmen and contested the claim of the workmen by filing their separate detailed written statements.
4 The workmen filed rejoinder reiterating the averments made by them in the petition and controverting the contra averments made by the managements in their replies.
5 On 25.02.2000 following issues were framed for adjudication and disposal of the case : "To what relief if any is the workman entitled against the management in terms of reference and list of witnesses and documents be filed by the parties on the next date ?"
6 Thereafter both the parties led their respective evidence. The matter is at present at the stage of final arguments. Today i.e. on 14.12.2016 AR for all the 13 workmen appeared before the Court and stated that workman Nanku Singh and Ram Naresh YadavI had not filed their statement of claim and that workmen Dalip Kumar Yadav and Ram Dayal had also settled their ID No : 999/2016 Page No.3 of 5 dispute with the management on 07.12.2016. He further stated that workmen Gauri Shankar, Raju Saha and Gajadhar had also settled their dispute with the management during mediation proceedings dated 04.09.2008 and their statements in this regard had been recorded before the learned Mediator on the said date. The AR for workmen further affirmed the fact that workmen Ram Gopal, Ram Naresh Yadav, Hare Kishan, Ramanand, Naresh Paswan and Rajender had already settled their dispute with the management during the pendency of the case.
7 Statement of Shri Neeraj Chaudhary, AR for workmen, was recorded separately.
8 File perused. The workmen Dilip Kumar Yadav and Shri Ram Dayal had appeared on 07.12.2016 on which date they were paid settled amount of Rs.45,000/ each, by Shri Satish Chander, Proprietor of the management No.2 towards full and final settlement of all the claims made by the said two workmen, against management No.1 and 2, in the instant case.
9 In view of the settlement of claims of workmen Dilip Kumar Yadav, Ram Dayal, Ram Gopal, Ram Naresh Yadav, Hare Kishan, Ramanand, Naresh Paswan, Rajender, Gauri Shankar, Raju Saha and Gajadhar Yadav by the managements, a settlement award is passed in respect of claims raised by these workmen.
10 The workman Nanku Singh and Ram Naresh YadavI neither filed their statement of claim nor appeared before the Court after reference of the dispute to the Court and hence they are not entitled to any relief in the present case and a no dispute award is passed in respect of the said workmen.
Reference stands answered accordingly.
ID No : 999/2016 Page No.4 of 5A copy of the same be sent to the appropriate Government for its publications as per rules.
Announced in the open Court (ILLA RAWAT) On 14th December, 2016 POLCV:KKD:DELHI ID No : 999/2016 Page No.5 of 5