Delhi District Court
Through vs ) M/S Delhi Building & Construction ... on 21 November, 2022
Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board
LIR No. 1141/18
IN THE COURT OF SHRI TARUN YOGESH
PRESIDING OFFICER: LABOUR COURT08
ROUSE AVENUE DISTRICT COURTS: NEW DELHI
LIR No. 1141/18
CNR No. DLCT130018572018
In the matter of:
Shri Devkant
S/o Shri Ashok Kumar
Aged 26 Years
R/o H.No. 22/555, Sultan Pur Colony,
Near Chhatar Pur, New Delhi110030
Through :
Hindustan Engineering & General Mazdoor Union
(Regd. No. 4479), D2/24, Sultanpuri, Delhi110086.
... Workman
Versus
1) M/s Delhi Building & Construction Workers
Welfare Board
AWing, 7th Floor, Vikas BhawanII, Civil Lines,
New Delhi110054
2) M/s Intelligent Communication System India Ltd.
(ICSIL)
Administrative Building, Above Post Office,
Okhla Industrial Estate, Phase3,
New Delhi110020.
...Management
Date of Institution : 19.05.2018
Date of Award : 21.11.2022
Page No. 1/9
Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board
LIR No. 1141/18
AWARD
1. Reference under Section 10(1)(c) read with Section 12(5)
of Industrial Disputes Act,1947 has been made by Deputy
Labour Commissioner, North District, Delhi setting out following
terms of reference:
"Whether the services of workman Shri
Devkant S/o Shri Ashok Kumar have been
terminated illegally and/or unjustifiably
by the management; if so, to what relief is
he entitled and what directions are
necessary in this respect?"
2. As averred in the claim, Shri Devkant had been working as
'IT Assistant' in the office of Deputy Labour Commissioner,
Labour Office, Pusa ITI, Central District, New Delhi since
21.10.2014 and his last drawn wage was Rs.17,910/ per
month. Claimant used to work under control and supervision of
management No.1 M/s Delhi Building & Construction Workers
Welfare Board where his attendance was marked however
monthly wages were paid through management No.2 M/s
Intelligent Communications System India Pvt. Ltd. It is
submitted that service benefits including appointment letter, pay
slip, attendance card, ID card, PF, bonus and other service
benefits were not provided to him despite oral requests whereas
ESI contributions got started to be deducted from his salary from
April 2017. Workman continued demanding service benefits at
par with permanent employees following which his services
were illegally terminated w.e.f. 31.07.2017 on the basis of letter
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Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board
LIR No. 1141/18
dated 18.07.2017 issued by management No.1.
3. Demand notice dated 22.08.2017 seeking reinstatement in
service with all benefits including back wages was neither
replied nor complied and settlement could not be effected before
Conciliation Officer leading to reference of dispute by the
Labour Office. It is submitted that his services have been illegally
terminated in violation of Section 25F, G & H of I.D. Act by
adopting anti labour practices and workman having remained
unemployed since the date of illegal termination of service is
entitled to be reinstated with all consequential benefits
including back wages.
4. Management No.1 M/s Delhi Building & Construction
Workers Welfare Board has neither filed reply nor attended the
Court after 07.01.2019 and was proceeded exparte on
25.02.2019.
5. Management No.2 M/s Intelligent Communication System
India Ltd. has contested the claim inter alia on following
grounds:
(a) Statement of claim against contractor has been filed
without any cause of action in the absence of dispute
between workman and management No.2.
(b) Workman being appointed on contractual basis had
signed the document after understanding terms and
conditions of 'Letter for Contractual Engagement'
dated 04.11.2015.
(c) Letter dated 18.07.2017 (wrongly mentioned
18.10.2017 in para 3 of parawise reply) - regarding
Page No. 3/9
Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board
LIR No. 1141/18
surrender of outsourced staff was received from
management No.1 terminating services of Shri
Devkant, IT Assistant w.e.f. 31.07.2017 (AN) as he
was not performing his duty properly as per report
submitted by Deputy Labour Commissioner.
6. Averments in the claim have been denied in
corresponding paras of reply on merit and following issues were
settled on 25.02.2019 after rejoinder and completion of
pleadings:
(1) Whether services of the workman have been
terminated illegally or unjustifiably by the
managements? ...OPW
(2) Relief.
7. Workman Shri Devkant has reiterated averments in the
claim in his affidavit Ex.WW1/A tendered in evidence and relied
upon following documents:
(1) Copy of demand notice dated 22.08.2017 Ex.WW1/1;
(2) Two postal receipts Ex.WW1/2 & Ex.WW1/3;
(3) Copy of statement of claim filed before Conciliation
Officer dated 30.08.2017 Ex.WW1/4;
(4) Copy of appointment letter dated 04.11.2015
Ex.WW1/5 (OSR);
(5) Copy of termination letter dated 18.07.2017 Mark A;
(6) Copy of ICard Mark B;
(7) Copy of Bank Statement Mark C.
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Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board
LIR No. 1141/18
8. His crossexamination was recorded and workman's
evidence was closed.
9. Ms. Deepti Gupta, Manager (Legal), M/s Intelligent
Communication Systems India Ltd. examined as M2W1 has
tendered her affidavit Ex.M2W1/A and additional affidavit
Ex.M2W1/B in evidence and relied upon following documents:
(1) Letter of authorization Ex.M2W1/1;
(2) Letter for Contractual Engagement (appointment
letter) dated 04.11.2015 Ex.M2W1/2;
(3) Letter dated 18.07.2017 issued by management No.1
to management No.2 Ex.M2W1/3;
(4) Copy of resignation letter Ex.M2W1/4 (OSR);
(5) Copy of hand written letter of workman for providing
appointment letter Ex.M2W1/5 (OSR).
10. Crossexamination of M2W1 has been recorded and
management evidence was closed.
11. I have perused statement of claim, written statement and
evidence led by workman & management No.2.
12. Shri Kailash Kumar Jonwal for workman has addressed
his submissions urging reinstatement in service with back wages
by referring to judgments of Hon'ble Supreme Court of India in
(i) Jayantibhai Raojibhai Patel VS. Municipal Council
Narkhed & Ors. Civil Appeal No. 6188 of 2019; (ii) Deepali
Gundu Surwase Vs. Kranti Junior Adhyapak & Ors. Civil
Appeal No. 6767 of 2013 AND (iii) Armed Forces, ExOfficers
Multi Services Cooperative Society Ltd. Vs. Rashtriya
Mazdoor Sangh Civil Appeal No. 2393 of 2022.
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Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board
LIR No. 1141/18
13. Management No.2, on the other hand, has filed written
arguments seeking dismissal of claim in the absence of any role
in termination of service by relying upon judgments (i) ONGC
VS. Oil Field Employees Association 2022 SCC Online SC 149
AND (ii) Parimal Chandra Raha & Ors. VS. NIC of India &
Ors. (1995) Supp. (2) SCC 611.
14. As gleaned from statement of claim and written
statement, workman Shri Devkant had been working as IT
Assistant in the office of Deputy Labour Commissioner, Labour
Office, Pusa, ITI, Central District, Delhi whereas management
No.2 being contractor had executed 'Letter for Contractual
Engagement' dated 04.11.2015 for his appointment/posting in
the office of Delhi Building & Construction Workers Welfare
Board.
15. Terms and conditions of agreement entered with Shri
Devkant, referred as Ex.WW1/5 and Ex.M2W1/2 by the
workman and MW1 Ms. Deepti Gupta, has been set out as
preliminary submissions and objections raised by respondent
ICSIL. Relevant portion of Letter for Contractual Engagement dated 04.11.2015 is extracted herein below for reference:
"(i) Our Business is based on certain orders and contracts & as such it is clearly understood & agreed that your engagement is being made on Contractual Basis for a fixed period against contract awarded to us by the respective Department, in case our contract is terminated earlier by the party, your engagement will automatically stand terminated. Your engagement will also Page No. 6/9 Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board LIR No. 1141/18 automatically come to an end on the expiry of the specified period and no notice or notice pay or retrenchment compensation etc. will be payable to you by ICSIL. Since your engagement is being made for fixed period, you will neither have any right nor a lien on the job by you. Also you will not claim for any regular Engagement even if there such vacancies for the post held by you have been engaged purely on contract basis. No compensation or remaining wages for the expired period of contract & fixed period of engagement will be payable by ICSIL if you contract is terminated before the specified period of your contract for what so ever reasons.
(ii) ..................
(iii) This contract agreement does not confer any right to claim regular appointment in the Department/ICSIL by you.
(iv) ..................
(v) You are required to perform your duties to the entire satisfaction of the Department where deputed. In case any adverse report is received, the contract engagement is liable to be cancelled.
(vi) ..................
(vii) ..................
(viii) ..................
(ix) ..................Page No. 7/9
Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board LIR No. 1141/18
(x) ..................
(xi) ..................
(xii) ..................
(xiii) .................."
16. Payment of wages till 31.07.2017 has been admitted by WW1 Shri Devkant during crossexamination and claimant being outsourced staff cannot seek reinstatement in service with consequential benefits against the principal employer on the basis of letter for contractual engagement entered with ICSIL.
17. As regards responsibility of contractor/management No.2, letter for contractual engagement specifically mentions that claimant was selected for the post of IT Assistant in the office of Delhi Building & Construction Workers Welfare Board on purely contractual basis w.e.f. the date of joining till expiry of contract subject to terms and conditions providing:
(a) his engagement would automatically stand terminated in case of termination of contract or expiry of specified period;
(b) claimant would neither have any right or lien nor claim regular engagement/appointment in the department/ICSIL AND
(c) contract of agreement is liable to be cancelled in case of adverse report received from the department.
18. Since services of Shri Devkant were terminated w.e.f. 31.07.2017 (AN) on the basis of letter dated 18.07.2017 addressed to contractor M/s ICSIL on the basis of report submitted by Controlling Officer/Deputy Labour Commissioner so management No.2 having executed letter for contractual Page No. 8/9 Shri Devkant Vs. M/s Delhi Building & Construction Workers Welfare Board LIR No. 1141/18 engagement on the basis of his selection for the post of IT Assistant cannot be held responsible for his termination from the post in the office of Delhi Building & Construction Workers Welfare Board.
FINDING: Services of workman/outsourced staff working as IT Assistant in the office of Deputy Labour Commissioner, Labour Office, Pusa ITI, Central District, New Delhi was surrendered by principal employer on the basis of adverse report vide letter dated 18.07.2017 and termination of service as per clause 05 of the terms and conditions of letter for contractual engagement executed by ICSIL cannot be said to be illegal and unjustified. Issue No.1 is therefore decided against the workman.
19. RELIEF: Statement of claim is dismissed as claimant being outsourced staff is not entitled to reinstatement in service with all consequential benefits either against the principal employer or the contractor.
20. Reference stands answered in aforesaid terms.
21. Copy of the Award be sent to Deputy Labour Commissioner, North District, Delhi for publication.
22. Judicial file be consigned to record room.
ANNOUNCED IN THE OPEN COURT DATED: 21.11.2022 Digitally signed TARUN by TARUN YOGESH YOGESH Date: 2022.11.24 16:14:10 +0530 (TARUN YOGESH) PRESIDING OFFICER - LABOUR COURT08 ROUSE AVENUE COURTS: NEW DELHI Page No. 9/9