Disposed

Id No. 208 of 2023 of Sh. Sonu Kumar v. The M.S. Divisional Hospital Northern Railway

CGIT7 Nov 2024ID No. 208 of 2023

Case brief

AI extract

What is this about?

The Tribunal adjudicated a reference regarding reinstatement of workman Sonu Kumar. Due to the respondent management's failure to file a claim statement and the workman's absence despite notice, the Court passed a No Dispute/Claim award without adjudicating on merits.

What did the court decide?

Passed a 'No Dispute/Claim' award and directed it to be sent to the appropriate Government for publication.

Id No. 208 of 2023 of Sh. Sonu Kumar Vs The M.S. Divisional… — Service and Employment | CGIT (2024)

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

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ID No. 208/2023

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Sh. Sonu Kumar S/o Sh. Jagbir Singh (Fouji), R/o A-371 C, Anandpur Dham Colony, Village-Kerala, Delhi-110081.

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Workman…

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The M.S. Divisional Hospital Northern Railway, New Delhi-110001.

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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. ND-96(23)/ID(2A)2023-DYCLC dated 16.08.2023 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 demand of Sh. Sonu Kumar S/o Sh. Jagbir Singh, Lab Technician, workman for reinstatement against the management of Divisional Hospital Northern Railway, New Delhi is justified, fair and legal and if yes, then what relief the workman is entitled to?”

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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

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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. 208 of 2023 of Sh. Sonu Kumar v. The M.S. Divisional Hospital Northern Railway

Case brief

What is this about?

What did the court decide?

Id No. 208 of 2023 of Sh. Sonu Kumar v. The M.S. Divisional Hospital Northern Railway

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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