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Delhi District Court

I.D.No. : 282/19 vs . on 16 November, 2019

           IN THE COURT OF SH. CHANDRA GUPTA:
         PRESIDING OFFICER INDUSTRIAL TRIBUNAL­I
             ROUSE AVENUE COURTS, NEW DELHI
                         Ref. No. : F­24(20)/19/SWD/Lab./603­07
                                           Dated : 14.01.2019

I.D.No. : 282/19
Workmen
Sh. Jagjeet Singh & 21 Ors.
(as per enclosed Annexure 'A' to the reference)
through Sh. Narayan Singh (General Secretary)
Hindustan Engineering and General Mazdoor Union (Regd. No. 4479)
Head Office: D2/24, Sultanpuri, Delhi
                           Vs.
Managements
1.

Sh. Shyam Kohli (Proprietor) M/s Siti Traders and Distributors, Khasra No. 12/18, Village Nangli Sakrawati, Najafgarh, Delhi.

2. M/s Enrich Agro Food Products Pvt. Ltd. (Managing Director) Khasra No. 12/18, Village Nangli Sakrawati Najafgarh, Delhi.

3. M/s Enrich Agro Food Products Pvt. Ltd. (Managing Director) 276­273, Udyog Vihar, Phase­2 Gurugram - 122 016.

Date of Institution of the case : 06.02.2019 Date on which reserved for Award : 16.11.2019 Date on which Award is passed : 16.11.2019 AWARD

1. Workmen have raised the present industrial dispute through their Union and on failure of conciliation proceedings, GNCT of Delhi referred the dispute to this Tribunal for adjudication in following terms:­ I. D. No. 282/19 Page 1 out of 4

1. "Whether the workmen are entitled to 25% annual increment w.e.f. January­2018 and if so, to what relief are they entitled and what directions are necessary in this respect?"

2. "Whether the workmen are entitled to Two pairs of cotton uniforms and winter wear w.e.f. January­2018 and if so, to what relief are they entitled and what directions are necessary in this respect?"

3. "Whether the workmen are entitled to a pair of Rain coat w.e.f. January­2018 and if so, to what relief are they entitled and what directions are necessary in this respect?"

4. "Whether the workmen are entitled to Two pairs of Shoes w.e.f. January­2018 and if so, to what relief are they entitled and what directions are necessary in this respect?"

5. "Whether the workmen are entitled to winter coat and pant w.e.f. January­2018 and if so, to what relief are they entitled and what directions are necessary in this respect?"

6. "Whether the workmen are entitled to washing allowance of Rs.1,000/­ w.e.f. January­2018 and if so, to what relief are they entitled and what directions are necessary in this respect?"

7. "Whether the workmen are entitled to Transport Allowance of Rs.2,500/­ w.e.f. January­ 2018 and if so, to what relief are they entitled and what directions are necessary in this respect?"

8. "Whether the workmen are entitled to an increase in incentive upto Rs.1,000/­ w.e.f. January­2018 and if so, to what relief are they entitled and what directions are necessary in this respect?"

I. D. No. 282/19 Page 2 out of 4

9. "Whether the Driver/ Salesman are entitled to get revised rate of 2/ 50 instead of 1/ 50 as sales incentive and if so, to what relief are they entitled and what directions are necessary in this respect?"

10. "Whether the workmen are entitled to an interest on Security deposit taken from each workmen/ driver/ salesman of Rs.10,000/­ by Employer/ contractor by keeping the amount in fixed deposit and if so, to what relief are they entitled and what directions are necessary in this respect?"

11. "Whether the workmen are entitled to an increase in maintenance allowance from Rs.500/­ to Rs.1,000/­ and if so, to what relief are they entitled and what directions are necessary in this respect?"

12."Whether the workmen are entitled to an increase in Attendance allowance from Rs.400/­ to Rs.1,000/­ and if so, to what relief are they entitled and what directions are necessary in this respect?"

13."Whether the workmen are entitled to an increase in mobile allowance from Rs.300/­ to Rs.1,000/­ and if so, to what relief are they entitled and what directions are necessary in this respect?"

2. Thereafter, the notice of reference was issued to the workmen and the management, which was duly served upon the workmen. However, statement of claim has not been filed on behalf of the workmen despite opportunities granted to the workmen in this regard, on record.

I. D. No. 282/19 Page 3 out of 4

3. In view of these circumstances, it is apparent that the workmen are not interested in pursuing the instant reference. Since the workmen have failed to pursue the instant reference, it is held that the workmen are not entitled to any relief in the same.

4. The reference is answered accordingly and the award is passed in these terms.

5. Copy of the award be sent to the appropriate Government for publication. The file be consigned to the record room. Digitally signed by CHANDRA CHANDRA GUPTA GUPTA Date: 2019.11.16 13:25:47 +0530 Announced in open Tribunal on 16.11.2019 (CHANDRA GUPTA) Presiding Officer, Industrial Tribunal­I Rouse Avenue Courts, New Delhi.

I. D. No. 282/19                                         Page 4 out of 4