Delhi District Court
Sameer Parida vs M/S Virgo Softech Ltd on 6 December, 2024
IN THE COURT OF :
PRESIDING OFFICER LABOUR COURT-01:
ROUSE AVENUE DISTRICT COURT : NEW DELHI
Presided over by : Ms Pooja Aggarwal, DHJS
LIR No. 445/17
CNR No. DLCT13-001759-2017
In the matter of:
Sh. Sameer Parida
S/o Sh. Prakash Parida,
R/o H. No. 23/19, 2nd Floor,
Sunder Colony, Gali No. 05,
Jharoda Marg, Delhi-110084
Mobile No. 7836824874
Through:
Akhil Bhartiya Karamchari Trade Union (Regd.),
E-169, Indira Kalyan Vihar,
Opp. C-173, Okhla Ph-I, New Delhi-110020.
.....Workman
VERSUS
M/s Virgo Softech Ltd.,
E-1/B-1, Mohan Co-operative Industrial Estate,
New Delhi-110044.
.....Management
(Complete details in compliance of the directions of the Hon'ble
High Court of Delhi in Director General of Works (CPWD) Vs.
Laljeet Yadav & Ors. (W.P. (C) No. 2540/2021 decided on
16.07.2021 have not been furnished by the parties)
Date of receipt of Reference : 09.02.2017
Date of Award : 06.12.2024
LIR No. 445/17 Digitally
Sameer Parida Vs. M/s Virgo Softech Ltd. signed by
POOJA
POOJA AGGARWAL
AGGARWAL Date:
Page No. 1 of 4
2024.12.06
16:56:21
+0530
NO DISPUTE AWARD
1. A reference was received from the Deputy Labour
Commissioner (South District), Labour Department,
Government of NCT of Delhi, vide order No. F-24
(51)/Lab./SD/2017/2549 dated 03.02.2017, under Section
10(1)(c) and 12(5) of the Industrial Disputes Act, 1947,
regarding an industrial dispute between Sh. Sameer Parida
(hereinafter referred to as 'workman') with the
management of M/s Virgo Softech Ltd. (hereinafter
referred to as management), with the following terms of
reference:
"Whether services of Sh. Sameer Parida, S/o
Sh. Prakash Parida, age-23 years, (Mobile
No.-7836824874) have been terminated
illegally and/or unjustifiably by the
management; and if so, to what relief is he
entitled and what directions are necessary in
this respect?"
2. After receipt of the reference, notice was issued to the
workman who filed his statement of claim asserting that he
was working with the management as DEO since
16.11.2012 with his last drawn wages being Rs. 8,086/- per
month without any complaints or charges against him.
3. It has been further asserted that the management was not
giving legal facilities like appointment letter, identity card,
salary slip, leave record, EPF, yearly increment, overtime
record, attendance card, ESIC etc. It has also been
Digitally
LIR No. 445/17 signed by
POOJA
Sameer Parida Vs. M/s Virgo Softech Ltd. POOJA AGGARWAL
AGGARWAL Date:
2024.12.06
Page No. 2 of 4
16:56:36
+0530
asserted that the management neither maintained the
consolidated service record of the workman nor paid
salary as per the minimum wages declared by Delhi Govt.
from time to time.
4. It has been further asserted that when the workman
opposed the management, they got annoyed and out of
revenge, terminate his services on 01.04.2014 without any
notice, enquiry, payment of service compensation, without
termination letter and also withheld his outstanding dues
i.e. earned wages from 01.01.2014 to 31.07.2014 and
overtime dues in violation of the Industrial Disputes Act.
5. It has been further asserted that the management did not
reinstate the workman despite demand notice dated
15.11.2016 and raising of industrial dispute before the
Conciliation Officer and upon failure of the conciliation
proceedings, the reference was sent to the Court.
6. It has also been asserted that the workman is unemployed
since his termination, hence the present claim seeking
reinstatement with full back wages and legal expenses.
Facts as per statement of defence
7. In its statement of defence, the management raised preliminary objection denying the existence of employer- employee relationship between the parties. On merits, the management denied all the averments made in the LIR No. 445/17 Sameer Parida Vs. M/s Virgo Softech Ltd. Digitally signed by POOJA POOJA AGGARWAL Page No. 3 of 4 AGGARWAL Date:
2024.12.06 16:56:46 +0530 statement of claim have been denied and reiterated its preliminary objection.
8. The workman stopped appearing in this matter having lastly appeared on 09.02.2023 and his father appeared on 13.04.2023, whereafter none appeared on behalf of the workman.
9. Even today none has appeared on behalf of workman despite repeated calls since morning. It appears that the workman is not left with any dispute/grievance qua the management and he is not interested to pursue the present reference against them.
10.In these circumstances, No Dispute Award is passed.
Reference is answered accordingly.
11.Copy of this Award be sent to the appropriate Government for publication as per rules.
12.File be consigned to the Record Room after necessary compliance.
Digitally Announced in the Open Court signed by POOJA AGGARWAL today i.e. on 06th December, 2024 POOJA AGGARWAL Date:
2024.12.06 16:56:56 +0530 (POOJA AGGARWAL) Presiding Officer Labour Court-01 Rouse Avenue District Court, New Delhi (sa) LIR No. 445/17 Sameer Parida Vs. M/s Virgo Softech Ltd.Page No. 4 of 4