Delhi District Court
Sh. Mahender Kumar vs M/S Manav Sthali Junior School on 30 April, 2019
IN THE COURT OF MS. VEENA RANI,
PRESIDING OFFICER -LABOUR COURT, SOUTH WEST DISTRICT,
DWARKA COURTS, NEW DELHI.
LIR No. 10686/15
Date of Institution : 02.09.2015
Date of Decision : 30.04.2019
Decision : No Dispute Award.
In the matter of:
Sh. Mahender Kumar,
S/o Late Sh. Shiv Lal,
R/o House No. 487/42, Nashnas Market,
New Delhi-110087.
C/o General Mazdoor Lal Jhanda Union,
I-441, Karampura, New Delhi-110015. ............Claimant
Versus
M/s Manav Sthali Junior School,
Double Storey, New Rajender Nagar,
New Delhi-110060. ............ Management
NO DISPUTE AWARD
1.This Industrial dispute was received vide reference No. F-24 (-
143)/Lab/CD/15/792 dated 26.08.2015, Government of NCT of Delhi, by Sh. Kamal Malhotra, Dy. Labour Commissioner, District Central, who sent following reference in respect of workman to this court for adjudication:
"whether the services of Sh. Mahender Kumar S/o Late Sh. Shiv Lal, have been terminated illegally and/or unjustifiably by the management; and if so, to relief is he entitled and what directions are necessary in this respect?"LIR No. 10686/15 Mahender Kumar Vs. M/s Manav Sthali Junior Page 1 of 2
2. Perusal of record shows that statement of claim had been filed on 15.01.2016 and notice was ordered to be issued to management for 15.02.2016. Management put appearance on 15.02.2016 and filed WS and case was listed for rejoinder/framing of issues on 05.04.2016. Issues were framed on 05.04.2016 and case came up for WE on 22.08.2016. Thereafter, management filed an application under order 6 rule 17 read with section 151 CPC for amendment in WS. Same was allowed on 15.11.2018 and case was listed for filing of amended WS, amended rejoinder, framing of additional issue and for WE on 20.02.2019. On 20.02.2019, adjournment was sought by management to file WS.
3. Today, claimant has not appeared despite several calls made since morning. AR for workman has made separate statement that claimant is not in his contact since long and that case may be disposed off accordingly. Considering the statement of ARW and conduct of claimant when he is not appearing since long in the present case, it seems workman is not interested to pursue this claim against the management. In these circumstances, No Dispute Award is passed. Reference is answered accordingly.
4. Copy of this Award be sent to the appropriate Government authority for publication.
5. File be consigned to the record room after necessary VEENA Digitally signed compliance.
by VEENA RANI
RANI Date: 2019.05.02
14:38:59 +0530
Announced in the Open Court (Veena Rani)
on 30th April, 2019 POLC / SW Distt./Dwarka
New Delhi/30.04.2019
Judge Code: DL 0271
LIR No. 10686/15
Mahender Kumar Vs. M/s Manav Sthali Junior Page 2 of 2