Dismissed

Id No. 145 of 2021 of Sh. Ramehar v. Edmc

CGIT7 Nov 2024ID No. 145 of 2021

Case brief

AI extract

What is this about?

Tribunal adjudicated reference regarding illegal termination of workman by East Delhi Municipal Corporation. Claimant union refused to file claim statement, leading Tribunal to proceed on merits, find workman uninterested in dispute resolution, and pass No Dispute/Claim award.

What did the court decide?

The Tribunal passed a 'No Dispute/Claim' award declaring the workman not interested in the adjudication of the reference.

Id No. 145 of 2021 of Sh. Ramehar Vs Edmc — Labour and Industrial Disputes | CGIT (2024)

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THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT DELHI - 1, NEW DELHI.

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ID No. 145/2021

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Sh. Ramehar S/o Sh. Charan Singh, Rept. By General Secretary, Municipal Employees Union, (Regd No. 793), Agarwal Bhawan, G.T. Road, Tis Hazari-110054.

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Workman…

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Versus

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East Delhi Municipal Corporation, Through its Commissioner (East), Udyog Sadan, 2^nd Floor, Plot No. 419, Patparganj, Industrial Area, Delhi-110092.

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Management…

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AWARD

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In the present case, a reference was received from the appropriate Government vide letter No. L-42012/28/2021 (IR(DU)) dated 29.11.2021 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Act, for adjudication of a dispute, terms of which are as under:

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The Schedule

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“ Whether the claim of Municipal Employees’ Union vide letter dated 27.11.2020 that the services of Sh. Ramehar S/o Sh. Charan Singh were terminated by the management of East Delhi Municipal Corporation (EDMC) illegally and unjustifiably, is proper, legal and justified? If yes, what relief the disputant is entitled to and what directions, if any, are necessary in this respect?”

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In the reference order, the appropriate Government commanded the parties raising the dispute to file statement of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute. Despite directions so given, Claimant union opted not to file the claim statement with the Tribunal.

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On receipt of the above reference, notice was sent to the workman as well as the managements. Neither the postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal services remained unserved in the period, referred above. Therefore, every presumption lies in favor of the fact that the above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in adjudication of the reference on merits.

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Since the workman has neither put in his appearance nor he led any evidence so as to prove his cause against the management, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for publication.

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Justice Vikas Kunvar Srivastava Retired Judge, Allahabad High Court Presiding Officer

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Date: 07.11.2024

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Id No. 145 of 2021 of Sh. Ramehar v. Edmc

Case brief

What is this about?

What did the court decide?

Id No. 145 of 2021 of Sh. Ramehar v. Edmc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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