.

28.03.2022. In discharoc of its ohligcttivm,. the Rcspond~1111"'.0 · 2 •has employed

, . variousd
o ,. • t No an
. to 1m1e.
persons from tune- . CompiMw.ni , hns horn .~rnployc:d.
, · bv· •· Rcspcmaen ' · 2
is not an en ployec of the Rcspornfom ,Jc). 1.

3. Pursuant to the Respondent N<). l bebg appmc

. d of th,
4
c dispute between the
Complainant l'IJ1d the Respond<mt the R:~pondent No .. 11 put
. 1h·c Resnondeut
t' No. 2 to
nouce. and sought for further information , .. · . R espondent ~No.
. and clarificatwns. · 2 ·informed
t hat il}f.
, complamant
· 1· e. BraIuna ,la\l<iV
il . s10
. K ~n ta vad-
• <l't; "'"S
n'CI -"lnpioved
.,, . .. as a security
guard \\ith the Respondent 110. 2 i.e MtS Antimax India Proi.ects Private Limire<l from.
01.0L:2022 to 19.01.2023. His empfoym,~nt ,,'as terminated for absconding from work.
Copy o; the termination Letter as is~ued is attached as ANNEXURE 2.

4. The Respondent No. 2 thereafler informed. the Respondent No. 1 that it had resolved
the issue. According]y, the Respondent n~i- 2 through its director A_nantJal r/o H.J\o. 93,
Dayal Singh Colony, Shri Niwaspun, South Delhi-110065, issued ,an Affidavit cum
indermity bond dated 03.03.2020 in favour of Respond<mt l1Q. l, wher¢by he has
declared as under:

··uw Company was in receipt q;[rep1·esentation ("Leiter") in relation oftermination of

employment of She Brahma Yadav s/ Sh Kanta Yadav, r/o 492 Gall No. 9. Ajaypur,
lslma!pur, Amamanagar, F'arid<1had-i2J003. Pursuam to the aforesaid Lelle,:, the
pending issue with the employee has b:een concluded, all chu,s have been paid and the
said Employee has exited the Site. ;\;fore spec{;1caily. the CompanY. has no continuing •
obligations or liabilities viz the said E'!nployee "

''In the evem anyone, including 1he Employee daim ,1dverse right or int11restfi·orn the
Client in respect ofthe Cornpany~'f actions. !he Company shall be liable mui re,'ipom·ihle
for ali the liabilities, risks. dues, losses, cpsts, expenses, claims, arrears eic.
011
wharsoever account or of whatsoever nature and the Company duly fndemnf/ies th~
C'llent from all adverse aclions andlar /iabilities that may arise therefrom, Including
any costs incurred in contesting the same. ·•

•
Copy of the Affidavit-cum-Indemnity dated 02.03.2023 is attached herewith and
marked is ANNEXURE 3.
 1•t
. Of the said comp am ,
k
. . . .
5. That the Respondent No, 1 has no knowledge of the contents .· . d
. . , O;fits aforement10ne
apai1 from what has betq stated by the Rc:-potidem No. 2, b? way •
affidavit.

, . . . •· .. . . . .. . h Complai'11ant is
6. 1 hat the present matter pertains t<) al!eged non~paymcnt of dues to t .e ·
. . • .1 • 1 . e (Complainant).
specifically between the employer (Respondent no.2}and t 1e emp oye ·
It is therefore submitted that the Respondent ·
no. 1 •had. no
· • .· 1
roie •
m ••hc·· services
"
of the
• ·

Complainant from his employment under Respondent no: ·2 (Antima:x.India Projects

Pvt. Ltd.) at an,y point of time, either directly or indirectly.

7. That Re~pondent no.1 is not inv~ilved u1 the i,nternalmatters ~nd functioning of

Respondeflt no.2 and therefore was 1101 a party to tpe termination ,)f employment antl
alleged non~~ayment of dues to the complainant at any v<;int of time. The Re::,-pondcm
no. l, therefore,submits that the averments made bythe complainant do not have even
an iota of merit on issues of fact as \vef1 .as lawfo ri.1Wte the 'Respondent no. I a party to
this present complaint, which therefore mandates the discl:rnrge of Respt)ndent no. 1
from the an·ay of parties.

8. It may be pertinent to note that he R¢spondcntno, 2 have al~o not appeared before your
goddselfin the last two hearing on 21.0~.;23 and R$.Q8.:.p:

PARA\\-'ISE REPLY ON MERITS

'
At tlie outset the respondent no.1 denies in eitensor and in extremity cac\1 and every
allegation/0verment/contention/dain:i/demandmade by the complainant in its complaint fide
,{ ' .. - . (t .. .· . . ..

the present Written Statement as beit1.g ~bs<1lulely fatrie, base-less; in.co=.rect, me~f11, friv olous,
misconceived, unt~nable and based on:conjecn.Jtes aud s~r:11ses and n.othfog cqntain.ed herein
may be construed to have been admitted by the res!)Qhdent rib, I unless expressly a.lid
specifically staied to be admitted herein.

Para l IThe av(:nnents made-~ Jlepara: l m~r.its no 'repl?' a:~-respo11d~nt·oo~·1 i;;loj

Ithe concerned party. I he oontentS of tne muu1 body aoove, Para 1-7 mai be
, Ir~ad as pal't and parcel <;>f the present reply.
1 ' ,
·
:t

··j. ~ . .
. . . . . ,. . . . . .3,~- 0 ~ ~ - - ~ - "' - - - . . . _ , . _ . . . ,
t . '
 ·. f the said complaint,
5. That the Respondent No. J has no knowledge of the contents O · . d
f ·t aforementione
apru1 from whnt has been stated by tho Respotident No. 2, by way O 1 s '
affidavit.

6. That the present matter pertains to alleged non~puy.mcnt of dues. to lhe Complainant is
.
specifically between the employer (Respondent no.2) and the, employc , ·e (Complainant).
• therefom
It 1s • submitted
. · th·c services of the
that the Rcs}Xmdent no. l ha d no. ro 1e m
Complainant from his employment under Respondent no. 2 (Antimax .India Projects
J Pvt. Ltd.) at any point of time, either di.rectly or indirectly.

7. That Respondent no.1 is not involved in the internal matters und functioning of
Respondent no.2 and therefore was not a party to the termination ,)f employment and
alleged non~~aymem of dues to the complainant at any point of time. The Respondent
no.1, therefore submits that the avennents made by the complainant do not have even
an iota of merit on issues of fact as wen as law to make the Respondent no.1 a party to
this present complair1t, which therefore mandates the discharge of Respondent no .
from the array of parties.
•
8. It may be pertinent to note that the Respondent no. 2 have also not appeared before your
goodself in the last two hearing on 27.07,23 and 28.08.23.

PARAWISE REPLY 0. 'MERITS

At the outset the respondent no.1 denies in extensor and in extremity eac\1 and every
allegationiavem1enticontemioniclaim/dem:md made by the complainant in its compfaim vide
q -~

tbe present Written Statement as being abs(ilute!y fal::~, basl.."lcss, inco:.-ect, illegaL frivolous
>
misconceived, untenable ,ind based on conjectures and surmises and noth.mg contained her\:in
may be construed to have been admitted by the respondent no. l unicss expressly and
specifically sta1~d to be admitted herein.

I Para l
I !The avcnnent:,; made in the para~t;rio re:pl);- as-;;-sp011ctcnc·no: ns -;;TJ 0

•
I
!. the concerned party. The contems of the: muu1 body abov~. Paro i-7 .may be
read as p,rt and pare.I of tile pre,e1tt reply,
I
j
\ ! __ ,......:...._________,, __- •· ___________ J
 Date: 1711' July 2023

To
Mr. V.K. Rao
Deputy Lcbour Commissioner,
Office of the DY. Labour Commission (South-F.,ast),
Labour Department, Govt. of NCT of Delhi,
Labour Welfare .enter, Bal Mukund Khano,
Girl Nagar, Kalkaji, New Delhi - 110019

Subiect: Complaint by Sh. Brahma Yadav against Antimax India Projects Pvt. ltd., A-
309/41 2ne floor, Govindpuri, Kalkajl. New Delhi, Delhi -110020

Ref: Your letter/Summons vide Letter No. MW/SEO/73/2023/54 dated 21,t June
2023 (teceived in our office on 14th July 2023)

Dear Sir,
•
We wr:te for and on beha'.f of 1<1 i::::iclfiw Pvt. ltd, having its place o'f business at 21 Phase- 3,
Okhla New Delhi- 110020. While we have received the capt:oned summons, we ha ,e not
received the copy of the cor:iplaint. We seeK to inform you that the represi?ntatives of the
Company, i.e. Kl Fac;fity ?vt. !.td, wih br: appi;ar;og an 20.07.~023 at 11.00 am before the
concerne(; autnority Our n;;presernatives n.r,e i.t,e atJthontyto present all documents ::md/or
m our defPnse, as rnquired .

We have appointed Sh. Kaustubh Sinha t~ rt;pnm:nt us and coliect any information or
n::levant document$ as rnav · e requHed, ir,clu( ,cg copy of the cornp.aint in order to respond
acccrdingfy.

•
W.r Brahm~ Y~ciav
492,. C~ii No,,9, Aj~1 !\i~~.
An,a1 fjag~r. lstna!put~~~~r. Jt~

This letter 1s issued i(t inform •

withe~ from .Srd l\JJareh, 2023due<tv

faJve hlif,-e med to c.,ntet;t.yo,1.1 but m y®. 'Neth~

1 1 ~. to. your asking for a,n e)(f) ~ is r:~ t!;l!t•
decisron Ms t;,,aen tElker acci:)fding.to

Yoo nave also been oot of ·touch ''Wittf four -s4Pl'irrors' mrtc~ your i~~ work date, te. 20~
.Ja.-.utar-/1 2023..
' :-- .. .. ; . . ' ' :, .. . . ' -~' .? . . '. '- _·.. . ·. . . ·" ' . .· > °\, i$'.
.~nee fr~m work tor a long t~m~ •w it~or~1is~(>fl' it 1co~i:Jered•$~ry:,us .miscer~ii.,i:;t antla
\lloiatran of tr.e smPio;1m~nt OOOti1M.:t ·
~- ,', if.;' . 1' 't·

r1ea$$ hand .over me oompany p · i.:~i.tlate. ~ r fvtl ~nd final

settlement, otoorw~. legal action vvill

FtJt At~-
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