Delhi District Court
Labour Court/780/2005 on 13 April, 2007
#1# IN THE COURT OF SH. S.K. SHARMA PRESIDING OFFICER LABOUR COURT-X :
KARKARDOOMA, DELHI.
Ref. No. : F.24(205)/05/Lab.
Dated : 29.5.05 I.D. No. : 780/05 Between The Management of M/s B.K. Enterprises, WZ-6/6, Naraina Village, New Delhi.
& Its workman Sh. Hari Narayan, S/o Sh. Ram Chander Rai, C/o Shri Delhi Dalit Mazdoor Vikas Sangathan C-B-6, Ring Road, Naraina, New Delhi-28.
AWARD In the present case, the workman Sh. Hari Narayan raised an industrial dispute regarding the termination of his services by the management of M/s B.K. Enterprises. The appropriate Government on being satisfied regarding the existence of industrial dispute between the parties, made a #2# reference for adjudication. The said reference is as under :
"Whether the services of Shri Hari Narayan S/o Sh. Ram Chander Rai have been terminated illegally and/ or unjustifiably by the management, and if so, to what sum of money as monetary relief along with consequential benefits in terms of existing laws/ Govt. Notifications and to what other relief is he entitled and what directions are necessary in this respect.?"
Thereafter, the workman filed statement of claim. It is stated by the workman in the statement of claim that he was working with the management for the last Nine years as 'Karigar' and was drawing a #3# salary of Rs. 3500/- per month. It is stated that his services were illegally terminated by the management on 7.8.2004 and he was not paid his wages for the month of May, June, July and August' 2004. The workman issued demand notice to the management, but the same was not replied by the management, nor he was reinstated.
The notice was issued to the management vide order dt. 29.3.06. The management did not appear despite service and it was proceeded against exparte vide order dt. 28.9.2006.
Thereafter, the case was adjourned for exparte evidence, but, the workman did not appear. Several opportunities were given to the workman but he did not turn up for leading evidence.
In view of the circumstances, as discussed above that the workman did not lead any evidence, he is not entitled to any relief.
The reference is answered accordingly and the Award is passed against the workman. Ahlmad is directed to send the Six copies of this Award to the #4# appropriate Govt. The file be consigned to record room.
Announced in open Court on 13th April' 2007.
(S.K. Sharma) Presiding Officer Labour Court-X Karkardooma Courts, Delhi