TRIG DETECTIVE SECURITY PRIVATE LTD Vs. SHRIKANT UPADHAYAY

JUDGEMENT

(1.) Cm APPL. 7775/2018 (exemption)

(2.) The respondent/workman in his statement of claim pleaded that he was employed with the petitioner/management as Guard on 17.03.2011 and his last drawn salary was Rs.8,525/- per mensem. It is alleged that the petitioner/management did not provide him appointment letter, casual and earned leaves, attendance card, bonus, wage slip, etc. He was made to work for 12 hours but was not paid overtime charges. The petitioner/management used to deduct from his salary the amount for ESI and PF but no proof was provided. Since the respondent/workman requested the petitioner/management from time to time to provide him all these benefits, overtime for four hours ESI and PF Cards, the petitioner/management without any prior notice terminated his services on 10.08.2013. His salary for the month of July, 2013 was also not paid. The respondent/workman filed a complaint before the Assistant Labour Commissioner, New Delhi on 11.10.2013 through the Union regarding his termination. He also sent a demand letter dated 10.12013 to the petitioner/management for his reinstatement and release of his wages, which was not replied. The respondent/workman filed his statement of claim before the Assistant Labour Commissioner, New Delhi and despite repeated opportunities the petitioner/management did not join conciliation proceedings.

(3.) In its written statement the petitioner/management admitted that the respondent jointed their employment on 17.02011 as a Guard at a salary of Rs.5,200/- per mensem and his last drawn salary was Rs.8,525/- per mensem. However, it is denied that they have terminated the services of the respondent/workman. It is pleaded that the respondent/ workman has stopped reporting for duties without any excuse and intimation. It is also pleaded that they have already paid the salary of the respondent/workman for the month of July, 201