AIRPORT AUTHORITY OF INDIA Vs. V VARDHARAJAN

JUDGEMENT

(1.) CM No. 2705/2010 (filed by R-1 U/s. 17-B of ID Act)

(2.) The respondent no. 1, 2 and 3 have filed their respective applications under Section 17-B of the Industrial Disputes Act, 1947 (in brief "ID Act"). Respondents no. 1, 2 and 3 have pleaded in their respective applications that they are not gainfully employed in any establishment and receiving any remuneration since the date of termination of their services.

(3.) In its reply, the petitioner pleaded that in the impugned Award dated 05. 10. 2007, the Industrial Adjudicator had observed that the workmen are manual workers and it cannot be said that they were sitting idle during their unemployment and must be doing some job off and on. It is also observed that they are not employed in any establishment but it is presumed that they must be doing some sort of work. In parawise reply to the applications, the petitioner has denied all the allegations of the applicants/respondents. Subsequently, on the basis of some investigations carried out by the petitioner through one detective agency known as M/s. Trident Sleuths (P) Ltd. , Sh. Ravinder Kumar, Manager (HR) of the petitioner filed his affidavit dated 10. 02. 2011 to the effect that the respondent no. 1 to 3 were not found residing at their given addresses. The investigation report of the said detective agency is also enclosed along with the affidavit.