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2003 DIGILAW 816 (DEL)

DELHI STATE CIVIL SUPPLIES CORPORATION LIMITED v. P. O. LABOUR COURT I

2003-08-29

MUKUL MUDGAL

body2003
( 1 ) LEARNED Counsel for respondent no. 2/ applicant states that he is willing to settle the matter on the payment of Rs. 1 lac alongwith interest accrued thereon which stands deposited in this Court. Counsel for the petitioner was unable to accept the offer of settlement. Accordingly, the application under section 17-B is heard on merits. ( 2 ) THIS is an application on behalf of respondent No. 2 under Section 17-B of the industrial Disputes Act for payment of minimum wages last drawn from the date of the Award dated 17th September, 1998. ( 3 ) IN paragraph 3 of this application, the applicant/respondent no. 2 has averred that he is not employed in any establishment after the passing of the impugned Award dated 17th September, 1998. In reply to the aforesaid averment, it has been contended that the petitioner Corporation employed M/ s. Globe Detective Agency (P) Ltd. , to find out whether the respondent no. 2/applicant was employed elsewhere. It is stated that the report of the M/s. Globe Detective Agency (P) Ltd. Clearly indicate that respondent no. 2/workman was working as a driver of Shri hukum Chand of M/s. Haryana Plastics. In support of the said report, the notorial report has been filed where the Notary Public, Shri surinder Kumar notes as follows:- "under instructions of M/s. Glose detective Agency (P) Ltd. , 600-603, eros Apartment, 56 Nehru Place, New delhi - 110019, I went to the residence cum office of Mr. Hukum Chand of M/s. Haryana Plastics Resident of Shakuntala bhavan 230/20, Onkar Nagar, B. Tri nagar, Delhi - 110035 to ascertain whether Shri Naresh Kumar r/o 291/ 23, Onkar Nagar, Tri Nagar, Delhi 110035 is working as driver on their car Black santro No. DL-2c-W1347 and if so to give the report of the same. Accordingly, on 26th July, 2002 between 10. 00 a. m. to 11. 00 a. m. I was outside, Shakuntala Bhawan 230/ 20, Onkar Nagar-B, Tri Nagar, Delhi - 110035. I saw Shri Naresh Kumar washing the Black Santro Car No. DL- 2c-W1347 and after that he drove away its owner Mr. Hukum Chand in the same car. After this I checked from the office of M/s. Haryana Plastics at 230/20, onkar Nagar-B, Tri Nagar, Delhi -110035 and they confirmed Shri Naresh Kumar is temporarily employed with them as a driver. Hukum Chand in the same car. After this I checked from the office of M/s. Haryana Plastics at 230/20, onkar Nagar-B, Tri Nagar, Delhi -110035 and they confirmed Shri Naresh Kumar is temporarily employed with them as a driver. My report is that Shri Naresh Kumar is gainfully employed with M/s. Haryana plastics. " ( 4 ) IN my view, the Report of the Notary cannot be relied upon as it fails to give any detail except giving a reference of a Car number. There is no record of Haryana plastics, showing the employment of the applicant with M/s. Haryana Plastics. This averment that the applicant, workman as not employed has not been denied effectively by the petitioner. Accordingly, as per the law laid down in Regional Authority, Dena bank and Anr. Vs. Ghanshyam reported at j. T. 2001 (Supp.) SC 229, the respondent no. 2 is entitled to succeed in this application. The respondent no. 2 will be paid the arrears of wages last drawn by him or the minimum wages whichever is higher from the date of the Award dated 17th September, 1998 still date within eight weeks from today and thereafter the wages will be continued to be paid month to month. ( 5 ) THE application stands disposed of.