LAWS(DLH)-2015-1-392

RAKESH BENIWAL Vs. UPDATER SERVICES (P) LTD

Decided On January 28, 2015
Rakesh Beniwal Appellant
V/S
Updater Services (P) Ltd Respondents

JUDGEMENT

(1.) BY way of present writ petition, the workman has assailed the award dated 05.02.2014 on the ground that the Central Government Industrial Tribunal (CGIT) has not considered the evidence of the petitioner and had reached a wrong conclusion that the services of the petitioner were terminated. It is submitted that the award is bad in law and is liable to be set aside.

(2.) THE brief facts of the case are that the petitioner had joined the services of the respondent No.1 -M/s Updater Services (P) Ltd. Respondent No.2 had outsourced the services to respondent No.1, who was the contractor for providing housekeeping personnel at Terminal -3, Indira Gandhi International Airport in Delhi. Respondent No.1 posted the petitioner at Terminal 3, Indira Gandhi International Airport. Due to certain complaints received from respondent No.2, his services from Indira Gandhi International Airport were withdrawn by respondent No.1. The dispute thereafter arose between the parties. According to the petitioner, his services were terminated by respondent No.1, while the contention of respondent No.1 before the Tribunal was that he was simply transferred to other place and he still continues on the roll of respondent No.1 and his services were never terminated.

(3.) THE petitioner filed his claim before CGIT under Section 2A of Industrial Disputes Act (hereinafter referred to as 'the ID Act'). Vide its award dated 05.02.2014, the learned CGIT, after taking into consideration all the evidences led by the parties, reached to the conclusion that the services of the petitioner were never terminated. The finding of the CGIT is reproduced as under: -