The Central Government Industrial Tribunal made a no-disputant award on a reference regarding alleged illegal termination of services. The tribunal passed the order due to the claimant's consistent non-appearance and failure to file a claim statement despite multiple opportunities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUMLABOUR COURT NO-II, NEW DELHI
ID.No. 24/2023
Sh. Rajveer Singh, S/o Sh. Kartar Singh, Through- Delhi Karamchari Sangh, W-04, In Front of Kalkaji Bus Depot, Govindpuri, New Delhi-110019.
VERSUS
1. The General Manager, Indian Oil Corporation Ltd., (Marketing Division) Brijwasan, New Delhi-110061.
2. Retd. Col. Sh. Rajan Kumar, (Proprietor) Raj Kumar Rajan Security Agency, Ground Floor-04, Competent House, Plot No. 07, R.B.C. Nagal Ray, New Delhi-110046.
Appearance:
For Claimant: None
For Managements: Sh. Navin Kumar, Ld. AR for M-1.
Sh. Gyanveer Singh, Ld. AR for M-2.
AWARD
The appropriate Government has sent the reference refer dated 12.01.2023 to this tribunal for adjudication in the following words:
“Whether demands of Sh. Rajveer Singh S/o Sh.
Kartar Singh, Gun Man through Delhi Karamchari Sangh (Regd.) vide letter dated 08.06.2022 against the management of M/s Rajan Kumar Rajan Security Agency, New Delhi (Contractor) under Indian Oil Corporation Ltd., Marketing Division, Bijwasan, New
Delhi over the issue of alleged illegal termination of his services w.e.f. 01.05.2022 and reinstatement in service with all consequential benefits, are proper, legal and justified under ID Act, 1947? If yes, to what relief the disputant is entitled and what direction, if any, is necessary in the matter?”
After receiving the said reference, notices were issued to both the parties. Managements have been appearing in each date of hearing but, the claimant has not been appearing since the reference has been received to this tribunal. Even, the claimant has not come forward to file his claim statement before this tribunal, despite, providing a number of opportunities.
In these circumstances, this tribunal has no option except to pass the no disputant award. Hence, no disputant award is passed. Award is passed accordingly. File is consigned to the record room. A copy of this award is sent to the appropriate government for notification under section 17 of the I.D Act 1947.
ATUL KUMAR GARG Date: 10.09.2024 Presiding Officer. CGIT-cum-Labour Court-II
1 issue framed by the court
Whether the demand by the claimant for reinstatement and consequential benefits is legal under the Industrial Disputes Act, 1947.
1 provisions across 1 enactments
Sh. Rajveer Singh S/o Sh. Kartar Singh
The General Manager, Indian Oil Corporation Ltd.
Retd. Col. Sh. Rajan Kumar
Atul Kumar Garg
As recorded by the court registry
An industrial dispute referred to a Central Government Industrial Tribunal by the appropriate government under section 10 of the Industrial Disputes Act 1947.
Judgements on the same questions, provisions and authorities, from every court
