Dismissal of Claims Due to Lack of Evidence in Industrial Disputes Case.
31 July 2024
In a composite order, two applications under Section 2A of the Industrial Disputes Act were addressed together due to common respondents and identical causes of action concerning alleged illegal terminations. The claimants, who began working as computer operators in 2013 and 2014, argued that they were treated as daily-rated or casual workers, with fixed, non-revised wages, in contrast to their regular counterparts who received proper pay scales, benefits, and allowances. They claimed they were never regularized despite requests and were terminated without notice, compensation, or due process, including the violation of Sections 25(f), (g), and (h) of the Act.
The management denied these claims, asserting that the claimants were never their employees and that their claims were baseless. After framing issues related to the maintainability of the claims, existence of an employer-employee relationship, and legality of the terminations, the case was listed for workmen's evidence. The claimants failed to present evidence or appear for hearings despite multiple opportunities. Consequently, their claims were dismissed for lack of interest and evidence. The case was concluded with an award in favor of the management, and a copy of the award was sent to the appropriate government authority for notification, with the file consigned to the record room.