Delhi District Court
Qayum Ansari @ Kayum Ansari S/O. Sh. ... vs M/S. Le' Apparells {Through Its ... on 22 August, 2016
Qayum Ansari @ Kayum Ansari Vs. M/s. Le' Apparells ID No. 3309/16
BEFORE LABOUR COURT - XI: KARKARDOOMA COURTS: DELHI
PRESIDING OFFICER: Mr. ANAND SWAROOP AGGARWAL
(Delhi Higher Judicial Service)
(Additional District & Sessions Judge, Delhi)
REFERENCE CASE (ID) No. 3309/16
UNIQUE CASE ID No. 02402C0013472011
In the matter of:
Qayum Ansari @ Kayum Ansari S/o. Sh. Abdul Ansari,
R/o. RZF358, Nihal Vihar, Nangloi,
New Delhi110041.
C/o. Rashtriya Mazdoor Sangh,
S479, Mangolpuri, New Delhi110083 ......Workman
Vs.
M/s. Le' Apparells {through its proprietor namely Mr. Jogender Kapoor
since deceased through his LRs (i) Smt. Rajani Kapoor,
W/o. Late Sh. Joginder Kapoor, R/o. House No. N24/40, Tilak Nagar,
New Delhi and (ii). Mr.Tridev Kapoor, S/o. Late Sh. Joginder Kapoor,R/o.
House No. N24/40, Tilak Nagar,
New Delhi}.
B57, Mayapuri Industrial Area,
PhaseI, New Delhi64. .... Management
Date of institution : 10.01.2011
Date of reserving for award : 22.08.2016
Date of award : 22.08.2016
AWARD
1.Vide Order No. F.24(353/10)/SWD/Lab./75317534 dated 23.11.2010 Deputy Labour Commissioner (South West District), Labour Department, Govt. of N.C.T. of Delhi, Delhi made the following reference under section 10(1)(c) and section 12(5) of the Industrial Disputes Act, 1947 read with Govt. of NCT of Delhi Page 1 of 5 (ANAND SWAROOP AGGARWAL) POLC - XI/KKD/DELHI/22.08.2016 Qayum Ansari @ Kayum Ansari Vs. M/s. Le' Apparells ID No. 3309/16 Labour Department Notification No. F.1/31/616/Estt./2008/7458 dated 3 rd March, 2009 for adjudication by Labour CourtXII: "Whether the transfer of Sh. Qayum Ansari S/o Sh. Abdul Ansari from Delhi to Manesar (Haryana) is illegal and/or unjustified, and if so, what relief is he entitled and what directions are necessary in this respect?"
1A. Vide order dated 11.05.2011 this case was received by transfer from the court of POLC-XII to POLC-XIX. Further vide order dated 16.04.2014 this case was transferred to POLC-XIX to POLC-XI.
2. Workman in the statement of claim alleged that he was working with the management since 07.12.2004 on the post of 'Tailor' with his last drawn salary of Rs. 4119/ per month. As alleged management illegally terminated the services of the workman/claimant alongwith 300 workmen working with the management by order dated 03.03.2010. It is further alleged that claimant/workman was the member of Rasthriya Mazdoor Sangh who filed a complaint before Labour Department and sent a demand notice to the management on behalf of the claimant/workman. However, management had sent a letter dated 12.03.2010 informing that services of the claimant/workman had been transferred to Plot No. 11, Sector7, Manesar, Haryana w.e.f. 03.03.2010 in order to protect themselves from the allegation of illegal termination. Workman prayed for passing an award to declare the transfer order of the management as illegal and unjustified and direct the management to reinstate the workman in Mayapuri Unit and to pay back wages for the intervening period.
3. Vide order dated 21.10.2011 Mr. Aniket Chaudhary ARW moved an application for issue of directions to the Labour Department to withdraw the present reference to this court and to refer the same to Industrial Tribunal.
On 05.09.2012 Ld. predecessor of this court passed the following order:-
''05.09.2012 Present: Shri Aniket Singh-ARW.Page 2 of 5 (ANAND SWAROOP AGGARWAL)
POLC - XI/KKD/DELHI/22.08.2016 Qayum Ansari @ Kayum Ansari Vs. M/s. Le' Apparells ID No. 3309/16 None for the management.
An application for transfer of this case moved by the workman is already pending on record. In view thereof, let the reference be sent back to the Labour Commissioner with request to transfer the same to the Industrial Tribunal where the jurisdiction lies for the same. Put up for further proceedings on 25.10.2012.
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(SANJAY SHARMA) POLC-XIX/05.9.2012'' However, abovesaid order was not complied.
4. On 16.07.2013 Ld. predecessor of this court passed the following order:-
''16.07.2013 Present: Sh. Neeraj Singh, Ld. AR for the workman.
Sh. K.K.Pandey, Ld. AR for the management. An application was moved by the management for transfer of this case to labour tribunal since the matter pertains to service conditions/transfer of employee. The application is not opposed. Accordingly, let the reference be returned to labour department with directions to send the matter to the labour tribunal under intimation to this court.
Put up awaiting orders on 11.09.2013.
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(SANJAY SHARMA) POLC-XIX/16.07.2013'' Even the abovesaid order was not complied.
5. Vide order dated 19.08.2014 Mr. Shashank Singh Adv. proxy counsel for the management had submitted that proprietor of the management is stated to have expired. On 25.04.2016 Mr. K.K.Pandey Adv. filed memo. of parties, an application u/o. 22 rule 4 r/w section 151 CPC and death certificate of Mr. Jogender Kapoor, proprietor of the management. On 03.08.2016 at joint request, matter was referred to Delhi Mediation Centre, KKD Courts, Delhi for 08.08.2016 at 12.00 O' Clock for exploring the possibilities of settlement between the parties. This court received one report dated 08.08.2016 reporting that matter has been settled between the parties.
6. On 22.08.2016, court passed the following order: Page 3 of 5 (ANAND SWAROOP AGGARWAL) POLC - XI/KKD/DELHI/22.08.2016 Qayum Ansari @ Kayum Ansari Vs. M/s. Le' Apparells ID No. 3309/16 ''22.08.2016 Present: Workman with Mr. Prashant Singh Adv. (Enrl. No. D/1506/2016 Bar Council of Delhi, Mob. No. 9015575662) Mr. K.K.Pandey Adv. for the management with Mr. Narender Kumar ARM.
This matter stood settled between the parties at Delhi Mediation Centre, KKD Courts, Delhi vide its report dated 08.08.2016. Let statement of parties be recorded. Statement of My Qayum Ansari @ Kayum Ansari S/o. Mr. Abdul Rahim Ansari, R/o. RZF 358, Nihal Vihar, Nangloi, Delhi41. (Mob. NO. 9868787239). (Election ICard No. DYL 1491042 with address as R/o. E50, BlockE, Nihal Vihar Village, Nangloi Jat, New Delhi).
On oath I have settled all my disputes/claims/disputes against the management in terms of settlement Ex. X arrived at Delhi Mediation Centre, KKD courts, Delhi. As per the settlement, I have received Rs. 18,000/ in cash towards full and final settlement of all his claims/disputes/demands arising out of the present matter including the claim of reinstatement, reemployment, back wages, earned wages, leave encashment, compensation, gratuity, bonus and pay other statutory dues, if any.
It has also been agreed that management shall facilitate me in getting PF released and shall also sign on all necessary documents in this regard. Today I have received PF withdrawal form duly filled up by the management itself. However, in the said form my signatures have not been verified inasmuch as proprietor of the management Mr. Jogender Kapoor has already expired and, as stated, management has closed down its business. I have been made to understand that I can get my signatures verified either from the bank or the PF Authority Inspector can get the same verified. Now I left with no claims/disputes/dues against the management except facilitation by the management, if further required for withdrawal of PF deposits.
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RO&AC (ANAND SWAROOP AGGARWAL)
POLC - XI / KKD / DELHI / 22.08.2016+
Statement of Mr. K.K.Pandey Adv. for LRs of the management.
At bar I have heard the statement of workman and accept the same as correct. I further clarify that Mr. Jogender Kapoor expired on 02.11.2013 and before his expiry management has closed his business on 30.06.2010. I am representing LRs, namely Smt. Rajni Kappor w/o. Late Sh. Jogender Kapoor and Mr. Tridev Kapoor S/o. Late Mr. Jogender Kapoor, of deceased Mr. Jogender Kapoor. On instructions I state that further necessary facilitation, if any, shall be provided to workman for withdrawal of his PF deposits.
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RO&AC (ANAND SWAROOP AGGARWAL)
POLC - XI / KKD / DELHI / 22.08.2016+
In view of above statements, award passed separately. Attested copies of this Page 4 of 5 (ANAND SWAROOP AGGARWAL) POLC - XI/KKD/DELHI/22.08.2016 Qayum Ansari @ Kayum Ansari Vs. M/s. Le' Apparells ID No. 3309/16 order duly signed by both the parties of this ordersheet be given free of costs.....''.
7. In view of above submissions/ settlement arrived at between the parties, this court hereby passes this award in terms of above submissions/settlement and holds that no other relief is required to be granted to the workman. Both the parties shall be bound by the above statements. In my considered opinion, in view of first proviso to Section 10 (1) of the Industrial Disputes Act, 1947 this court has the jurisdiction to adjudicate dispute even if it relates to any matter specified in the third Schedule inasmuch as dispute herein is not likely to affect more than 100 workmen and in fact it pertains to only one workman. Reference is answered accordingly.
8. A copy of the award be sent to the Office of the concerned Deputy Labour Commissioner for further necessary action. File be consigned to Record Room after completing due formalities.
PRONOUNCED IN THE OPEN COURT ON 22.08.2016 (ANAND SWAROOP AGGARWAL) POLCXI: KKD COURTS: DELHI+ Page 5 of 5 (ANAND SWAROOP AGGARWAL) POLC - XI/KKD/DELHI/22.08.2016