Disposed

Id No. 165 of 2016 of Mohd. Shakir Hussain v. Ashok Hotel & Ors.

CGIT10 Sept 2024ID No. 165 of 2016

Case brief

AI extract

What is this about?

The Tribunal decided an application under the Industrial Disputes Act regarding illegal termination. It held that the workman failed to appear or file a claim statement and therefore abandoned the proceedings. Consequently, the Tribunal awarded a No Dispute/Claim order to be published. No merits were adjudicated.

What did the court decide?

No Dispute/Claim award passed; matter sent to appropriate Government for publication. No reinstatement or back wages granted.

Id No. 165 of 2016 of Mohd. Shakir Hussain Vs Ashok… — 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.165/2016

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Mohd. Shakir Hussain S/o Late Abdul Rahim R/o B-4/365, Paryatan Vihar, New Delhi-110096

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Workman…

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Versus

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M/s New Hitech Electrical Government Contractor, Through its CEO/Authorized Person, At 284, DDA Market, under Defence Colony Flyover, Near Jangpura Extn., Metro Station, New Delhi-110024

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Also at:33, Prime Minister Society, B-Block, Vikas Puri, New Delhi-110018

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The C.M.D., I.R.D.C., 6^th Floor, Scope Building, CGO Complex, Lodhi Road, New Delhi.

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General Manager, Ashok Hotel, 50-B, Chanakya Puri, New Delhi-110021

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Management…

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AWARD

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This is an application Under Section 2A of the I.D. Act whereby, the applicant made prayer that his termination from the service on 16.01.2018 by the management which be declare illegal and unjustified and he be reinstated with full

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Page 1 of 2

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back wages, it is the case of the applicant/workman that he has been working with the management. He has not been provided any legal facilities. He was illegally terminated form his service on 16.01.2018 without any rhyme or reason and without conducted any domestic enquiry by the management. He has initiated the conciliation proceeding but, no result. Hence, he had filed the present claim petition.

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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: 10.09.2024

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Id No. 165 of 2016 of Mohd. Shakir Hussain v. Ashok Hotel & Ors.

Case brief

What is this about?

What did the court decide?

Id No. 165 of 2016 of Mohd. Shakir Hussain v. Ashok Hotel & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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