Delhi District Court
Vipul Pal vs M/S Indivinity Clothing Retail Pvt Ltd on 2 April, 2026
IN THE COURT OF MS. ARCHANA BHALLA,
DISTRICT JUDGE/ POLC-V,
ROUSE AVENUE COURT COMPLEX,
NEW DELHI
CNR No. DLCT13-002902-2023
LCA 789/23
In the matter of :
Sh. Vipul Pal,
S/o Sh. Vishewshwar Pal,
Mobile No. 9311459664,
R/o H. No. 2068, Gali No. 8, Block No. L-1,
nearby Sthal Mandir Sangam Vihar,
New Delhi-110062.
...Workman/Claimant.
Versus
1. M/s Indivinity Clothing Retail Pvt. Ltd.,
Showroom No.6, G-Block, Main Market,
South Extension 1, New Delhi-110049.
2. M/s Lotus Global Security Services,
Office 356/4, 3rd "C" Main 4th Cross, OMBR Layout,
Banaswadi, Bangalore, Karnataka-560043.
......Managements.
Date of Institution : 09.06.2023
Date of decision : 02.04.2026
LCA 789/23
Vipul Pal Vs. M/s Indivinity Clothing Retail Pvt. Ltd.
Page No.1 of 5
JUDGMENT
1. This is an application filed under Section 33C (2) of the Industrial Disputes Act, 1947 r/w Section 21(4) of the Contract Labour Act, 1970.
2. The applicant/workman has preferred his claim under Section 33C (2) of Industrial Disputes Act, 1947 seeking his unpaid wages for the period April, 2022 to June, 2022 and the arrears of leave encashment, bonus, weekly offs and overtime wages. It is submitted by workman that he was employed by the management no.1 (Principal employer) through management no.2 (Labour Contract) and his last drawn wages were Rs.20,000/- per month. It is further submitted that workman was lastly deputed at showroom of management no.1 known as 'Tasva' till 16.06.2022 when his services were unlawfully terminated.
3. The applicant further submitted that he was working honestly and diligently and never gave any chance of complaint to the managements. It is further submitted that the applicant was not providing legal facilities i.e., wages slip, weekly offs, holidays, leave encashment, bonus, joining letter etc. and he was made to work for 12 hours daily without paying the overtime wages.
4. It is further submitted by the applicant that the management deliberately withheld the earned wages of applicant for the period i.e., April, 2022 to June, 2022 and LCA 789/23 Vipul Pal Vs. M/s Indivinity Clothing Retail Pvt. Ltd.
Page No.2 of 5terminated his services on 16.06.2022 without giving one month notice or notice pay.
5. The applicant has prayed in his application for seeking his unpaid wages for the period April, 2022 to June, 2022 and total amount of Rs.2,50,000/- in lieu of his arrears of leave encashment bonus, weekly offs and overtime wages.
6. Since, none appeared on behalf of either management no.1 or 2 despite service, both the managements were proceeded ex-parte vide order dated 25.07.2025.
7. Workman/ WW-1 tendered his affidavit in lieu of examination in chief in workman's evidence, which is Ex.WW1/A and relied upon the following documents:
a) Copy of Aadhar card vide Ex.WW1/1 (OSR).
b) Copy of Muster Roll vide Ex.WW1/2 (OSR).
c) Original demand notice dated 05.06.2023 vide Ex.WW1/3.
d) Copy of email dated 05.06.2023 vide Ex.WW1/4.
e) Certificate under Section 63 of BSA, 2023 vide Ex.WW1/5.
f) Copy of complaint letter dated 19.07.2022 vide Ex.WW1/6 (OSR).
8. Ex-parte final arguments were heard. The present application, documents and the evidence led on record by workman and also the submissions made by the Ld. Counsel for the workman are considered.
LCA 789/23Vipul Pal Vs. M/s Indivinity Clothing Retail Pvt. Ltd.
Page No.3 of 59. The workman has claimed that he was employed by management no. 1 through management no.2 for 09 months and the managements withheld the earned wages of the workman for the period from 01.04.2022 to 15.06.2022 and he is entitled to earned wages for the period 01.04.2022 to 15.06.2022 alongwith leave encashment @ 15 days per annum, wages in lieu of work done on Sundays/ weekly offs as well as overtime wages and bonus. However, the claimant has only filed copy of muster roll for the month of March, 2022 and his demand notice and a copy of e-mail dated 05.06.2023 which is also pertaining to his demand notice. He himself admits to working only for a period of 09 months under the managements. No evidence has been led by him to show that he had worked for sundays/ weekly offs as well as 04 hrs. overtime every single day since September, 2021 to June, 2022. On the aspect of withholding of his earned wages for the period from 01.04.2022 to 15.06.2022, since the managements have remained ex-parte, the claim of the claimant stands un- challenged and un-controverted on record and there is no reason to disbelieve his case with regard to his contention of non-payment of his earned wages for the period from 01.04.2022 to 15.06.2022.
10. In view of the above discussion, it is held that the workman is entitled to the amount of Rs.50,000/- towards his earned wages for the period 01.04.2022 to 15.06.2022. The amount shall be paid to the claimant by the management no.1 and 2 within one month from the date when this award LCA 789/23 Vipul Pal Vs. M/s Indivinity Clothing Retail Pvt. Ltd.
Page No.4 of 5becomes enforceable failing which the amount shall carry an interest @ 8% p.a. from the date it becomes due till the time it is realized.
11. With these observations the statement of claim of the workman filed under the provisions of the Industrial Disputes Act is disposed off accordingly.
Digitally signed by ARCHANA ARCHANA Announced in the open Court BHALLA BHALLA Date: 2026.04.02 16:03:48 +0530 on 02.04.2026 (ARCHANA BHALLA) DISTRICT JUDGE/ POLC-V, ROUSE AVENUE COURT COMPLEX NEW DELHI. LCA 789/23
Vipul Pal Vs. M/s Indivinity Clothing Retail Pvt. Ltd.
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