Delhi District Court
Sh. Ramdev Sharma vs M/S Gee Bee Distributors on 29 October, 2018
IN THE COURT OF SH. ATUL KUMAR GARG,
PRESIDING OFFICER -LABOUR COURT-XVI, SOUTH WEST
DISTRICT, DWARKA COURTS, NEW DELHI.
LIR No. 7905/16
Sh. Ramdev Sharma,
S/o Sh. Bhim Singh Sharma,
Aged about 50 years,
R/o H.No. W-215, Posanghipur,
Janakpuri, New Delhi-110054.
............ Workman.
VERSUS
M/s Gee Bee Distributors,
(Unit of Ganesha Carpet Pvt. Ltd.),
C-139, Mannu Apartment,
Mayur Vihar-I, Delhi-110091.
............ Management.
Date of Institution: 23.04.2016
Date of Decision: 29.10.2018
File has been received by way of transfer vide Order No.
F.No.Addl.LC(II)/Misc./2012/Lab./282 dated 26.09.2018 passed by
Additional Labour Commissioner, Labour Department, 5, Shamnath
Marg, Delhi. Let it be checked and registered.
Present : Sh. Pyare Lal Srivastava, AR for the workman.
Sh. Pramod Bansal, AR for the management.
1. By this award I shall dispose off the reference as sent by Sh. S.C.
Yadav, Deputy Labour Commissioner, Labour Department, District North,
Government of the National Capital Territory of Delhi, Delhi, arising out
LIR No. 7905/16,
M/s Gee Bee Distributors 29.10.2018 Page No. 1 of 6
between the parties named above to this court vide notification No. F.24/
(171)/ND/74/2011/Lab./2359-2363 dated 28.12.2011 with the following
terms of reference:-
"Whether the dismissal of Sh. Ajab Singh S/o Sh. Bharat
Singh have been terminated illegally and / or
unjustifiably by the management; and if yes, to what
relief is he entitled and what directions are necessary in
this respect?
2. Notice of the reference was issued to the workman. In his
statement of claim, workman has submitted that he was employed with the
management since September, 1990 as fieldworker at the last drawn salary
of Rs. 15,000/- per month. He did his duty with diligence and sincerity. He
did not give any chance of complaint during his service period. He
submitted that the management has not provided him legal facilities such
as appointment letter, yearly and casual leave, service record etc. When he
demanded the same, the management had stopped his wages. On his
persistent request, management had thrown him out of the job on
06.12.2012 without assigning any reason and stopped his wages for the
period from 01.08.2012 to 05.12.2012. He had sent the demand letter to
the management on 14.11.2015 asking the management to take him back
LIR No. 7905/16,
M/s Gee Bee Distributors 29.10.2018 Page No. 2 of 6
on the service. However, the management did not take any interest nor
taken him back on the service. As such, he has made prayer that he be
given reinstatement with full back wages.
4. Management had appeared and filed the written statement to the
statement of claim and taken the preliminary objections stating that the
present claim has been filed with ulterior motives and illegal designs only
to harass the management and to extort money from the management. He
further submitted that The management was not an industry within the
meaning of Section 2(j) of I.D. Act. The claimant has stated false facts
regarding his length of service and salary. He further stated that the
claimant has falsely stated that he was appointed by the management w.e.f.
September, 1990 and the true facts are that the management of M/s
Ganesha Carpet Pvt. Ltd of which the management of M/s Gee Bee
Distributors was a unit was incorporated only on 24.12.2004 and no
employee was employed till 31.03.2005. Since the management was
incorporated only on 24.12.2004 and no employee was employed till
31.03.2005. Since then management was incorporated on 24.12.2004 the
question of claimant being in employment with the management w.e.f.
September, 1990 is highly improbable. Even otherwise the present case is
LIR No. 7905/16,
M/s Gee Bee Distributors 29.10.2018 Page No. 3 of 6
not a case of termination but is a case of closure as the management has
been closed w.e.f. 31.12.2012 and thereafter no functional activities are
going on. The claimant was working as a manager since April, 2005 and
his last drawn salary was Rs. 13500/- per month. On merits, he has denied
each and every averments as claimed by workman in his statement of
claim. He submitted that the claim of the claimant be dismissed.
5. Rejoinder has also been filed by the workman wherein he had
reiterated the averments claimed by him in his statement of claim and
denied whatever has been stated by the management in the written
statement.
6. From the pleadings of the parties, vide order dated 12.01.2017,
following issues have been framed:-
1. Whether the claiamnt was a workman within its definition
under Section 2 (s) of the I.D. Act or whether he was in managerial
capacity within the exceptions enumerated therein? OPP.
2. Whether the management stood closed on 31.12.2012? If so, to
what effect? OPM.
3. As per terms of reference.
4. Relief.
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M/s Gee Bee Distributors 29.10.2018 Page No. 4 of 6
No other issue arose or pressed and the matter was listed for
workman evidence.
7. In support of his contentions, workman has tendered his affidavit
of evidence and workman has been cross examined partly. Thereafter, the
workman evidence was closed. Thereafter, the matter has been transferred
to this court.
8. Today, both the parties have appeared and AR for the workman
submitted that he wants to withdrawn the present case. His statement to
this effect has been recorded whereby he has stated that the management
has submitted the documents of the closure of the industry of the year
2013, as such he submitted that he be given liberty to file the case under
Section 33-C (2) of the Industrial Disputes Act for recovery of the
admitted liability of the management. Statement of the AR for the
respondent has also been recorded whereby he has no objection if the
reference sent by the Assistant Labour Commissioner Sh. Naresh Pal be disposed off as not pressed.
9. In view of the statements of both the parties, the claim of the LIR No. 7905/16, M/s Gee Bee Distributors 29.10.2018 Page No. 5 of 6 workman stands dismissed as withdrawn/ not pressed. Workman is at liberty to file the case under Section 33 - C(2) of the Industrial Disputes Act, 1947. Reference is answered accordingly. A copy of the Award be sent to the appropriate Government for publication. File is consigned to the record room after necessary compliance by Ahlmad.
Digitally signed ATUL by ATUL
Announced in the open KUMAR GARG
KUMAR Date:
Court on 29.10.2018. GARG 2018.10.30 16:02:13 +0530 (Atul Kumar Garg) Presiding Officer - XVI South - West District, Dwarka Courts, New Delhi 29.10.2018 LIR No. 7905/16, M/s Gee Bee Distributors 29.10.2018 Page No. 6 of 6