Final Order 6

Order Details: COPY OF ORDER
Pdf Text: LCA No. 1951/23
JOGINDER Vs. MCD
20.05.2025
Present : Sh. Arnab Kumar Mondal, AR of the workman.
Sh. Devendra Kumar Gahtori, AR of the
management.
File perused.
This is an application U/s 33C(2) of the Industrial
Disputes Act, 1947.
On notice, the management put up appearance
through authorized representative (AR) and filed reply. After
perusing the reply, the management was directed to file certified
copy of the claim application of LCA No.479/19 and orders
passed therein. Thereafter, a clarification was filed on behalf of
the management wherein it was clarified that LCA No.479/19 has
inadvertently been mentioned in the reply in place of LCA
No.497/19.
In compliance of order dated 03.07.2024, the AR of
management has filed certified copies.
Copies supplied to AR of the workman.
I have perused the documents pertaining to LCA
No.497/19 titled ‘Joginder Vs. East Delhi Municipal
Corporation’.
LCA No.497/19 was disposed off vide order dated
22.11.2019, passed by the Court of POLC-XIX, Rouse Avenue
1/3
-- 1 of 3 --
Courts, New Delhi. The matter was disposed off on the basis of
statements made on behalf of the parties.
The instant LCA was registered on 06.10.2023. The
statement of claim in the instant matter is supported by an
affidavit of the workman. A bare perusal of the affidavit of the
workman reveals that the workman has made false statement on
Oath.
In para no.2 of the affidavit, the workman has stated
that the management has not paid any arrear as claimed in the
LCA.
The reply filed by the management reveals that a
cheque was issued to the workman for payment as per order
passed in LCA No.497/19. Copy of banker’s cheque has been
placed on record.
On instruction, AR of the workman has stated that
the workman has received Rs.5,50,000/- (Rupees five lacs fifty
thousand only) from the management towards payment of the
arrears.
On the other hand, AR of management has stated
that the aforesaid payment was made to the workman pursuant to
the order passed in LCA No.497/19.
In para no.3 of his affidavit, the workman has stated
that he had handed-over papers of the case to another counsel for
filing of claim. However, he is not aware till date whether his
case has been filed or not.
2/3
-- 2 of 3 --
It may be noted here that the disposal of the LCA
No.497/19 and receipt of payment of money pursuant to order
passed in LCA No.497/19, belies the claim of the workman that
he was not aware about filing of any claim prior to filing of the
instant claim.
Considering the aforesaid facts, the instant LCA
No.1951/23 is dismissed with cost of Rs.15,000/- (Rupees fifteen
thousand only). The cost shall be paid by the workman to the
management.
The management may take appropriate steps for
realization of the cost. Further, the management is at liberty to
take appropriate disciplinary action against the workman for
filing of multiple claim applications on the basis of false
affidavit.
Pending miscellaneous application(s), if any stand(s)
disposed off.
File be sent to Record Room for consignment.
(Sujit Saurabh)
Presiding Officer Labour Court-IX
RADC, New Delhi/20.05.2025
3/3
-- 3 of 3 --