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Delhi District Court

Workmen vs . on 24 January, 2012

             IN THE COURT OF SH. MAHAVIR SINGHAL: POIT,
                    KARKARDOOMA COURTS, DELHI

I.D. No 316/10

Workmen
Sh. Neeraj and 14 others, c/o Appu Ghar Karamchari Sangh, 167,
Panchkuin Road, New Delhi 110001.

                            Vs.

Management
  1.

M/s International Amusement Limited, Appu Ghar Gate No.9, Pragati Maidan, New Delhi Date of institution 20.10.2009 Date of reserving award 24.01.2012 Date of award 24.01.2012 Ref : F. 24(23)/Lab/ 113 AWARD

1. Workmen have raised the present industrial dispute through union and on failure of conciliation proceedings, GNCT of Delhi referred the dispute to this Tribunal for adjudication in following terms of reference:-

"Whether Appu Ghar run by M/s International Amusement Ltd. Has been closed and if so to what relief the workmen Sh. Neeraj and 14 others (as shown in Annexure A) are entitled and what directions are necessary in this respect and if not, whether services of these workmen have been terminated illegally and/or unjustifiably and if so I.D. No. 316/10 Page 1 of 4 what sum of money as monetary relief in terms of existing laws and govt. notification issued form time to time and what other benefits are they entitled to and what directions are necessary in this respect?

Whether action of management of M/s International Amusement Ltd. In not employing workmen Sh. Neeraj and 14 others (as shown in Annexure A) in their establishments of M/s IAL at Rohini, Delhi or Noida, UP after closure of Appu Ghar at Pragati Maidan is illegal and unjustified and if so what relief are they entitled and what directions are necessary in this respect?

2. Pleadings have been filed by the parties and on the basis of said pleadings, following issue was framed vide order dated 16.05.11 :-

1. As per terms of reference.

3. After framing of issue, the case has been running at the stage of workmen evidence.

4. Today both the parties have appeared and have submitted matter stands settled in respect of workman Sh. Vinod Puri, Statements of both the parties to this effect have been recorded, which are being reproduced as under:-

Statement of Neeta Puri, wife of Late Sh. Vinod Puri, the workman, r/o 10271, Motia Khan, New Delhi 110055. On SA The matter has been settled amicably between the parties. I have received Rs.1,55,817/- by way of cheque no.733248 dated 18.01.2012, towards full and final settlement of the present case. Now, nothing survives in this case for adjudication. It is, therefore, prayed that the present dispute be disposed of as settled. Original death Certificate of the workman is Ex. C-1 and copy of cheque is Ex. C-2. I have two children namely Sagar Puri and Ankita Puri. My son Sagar Puri is major aged 19 years. His no objection certificate is Ex. C-3. My daughter Miss Ankita Puri is minor aged 17 years. Copy of her School Certificate showing her date of birth as 2.6.1994 is Ex. C-4. I have I.D. No. 316/10 Page 2 of 4 received the amount on my behalf and also on behalf of my daughter.

RO&AC (MAHAVIR SINGHAL) POIT,KKD, DELHI/ 24.01.12 Statement of Sh. Ratan Sethi, s/o Late Sh. SS Sethi, AGM, in International Amusement Ltd., A-2, Sector 38A, Noida UP.

On SA I am representative of the management. I am authorised to give statement on its behalf. The matter has been settled amicably between the parties. Ms. Neeta Puri, Legal heir/wife of deceased workman has received Rs.1,55,817/- by way of cheque no.733248 dated 18.01.2012, drawn on HDFC Bank, towards full and final settlement of the present case. Now, nothing survives in this case for adjudication. I have no objection if the present dispute is disposed of as settled.

RO&AC (MAHAVIR SINGHAL) POIT,KKD, DELHI/ 24.01.12

5. In view of statements of parties and documents Ex. C-1 to Ex. C-

4, matter stands disposed of as settled in respect of deceased workman Sh. Vinod Puri and nothing remains to be decided in the present claim in his respect, as his wife/legal heir has received full and final dues from management. Settlement-award is passed accordingly.

6. Hon'ble Apex Court in The Management Hotel Imperial, New Delhi and others vs. Hotel Workers' Union, reported in AIR 1959 SC 1342, has held that:-

It is also open to the Tribunal to make an award about some of the matters referred to it whilst some others still remain to be decided. This will be an interim determination of any question relating thereto. In either case it will have to be published as required by section 17.

7. In view of above judgment of Hon'ble Apex Court, copy of this award be sent to GNCT of Delhi for publication.

Announced in open court on 24.01.2012 (MAHAVIR SINGHAL) Presiding Officer, Industrial Tribunal Karkardooma Courts, Delhi.