1.Case of the complainant:-
Complainant was working as a security guard at Tower mall Vengara from 2/03/2020 to 28/05/2020. He was working under the opposite party company situated at Kozhikode. Complainant had given Rs. 20,000/- as security amount for getting the job as a Security guard. On 28/05/2020, without any reason and without any prior notice, opposite party dismissed him from the job. He again stated that he is entitled to get Rs. 22,000/- as the salary. Due to the continuous request from complainant, opposite party given back the security amount of Rs. 20,000/- to complainant and they paid only one month salary to complainant. Complainant filed a complaint before the Labour Officer, Malappuram and they replied that they have no right to interfere in this kind of complaints and they directed the complainant to file a complaint before the court. Complainant has filed this complaint against the unfair trade practice on the part of opposite party. Hence this complaint.
2. Prayer of the complainant is that he is entitled to get Rs. 22,000/- the salary arrear in the month of March and April, Rs. 1,00,000/- as compensation for the unfair trade practice from the side of opposite party.
3. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the document he produced is marked as Ext. A1. Ext.A1 is the original order given by District Labour Officer (Enforcement) of District Labour Office, Malappuram.
5. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Hence the Commission finds that there is unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that there is unfair trade practice from the side of opposite party.
6. Hence we allow this complaint as follows:-
- The opposite party is directed to pay Rs.22,000/- (Rupees Twenty two thousand only) to complainant as the salary in the months of March and April 2020
- The opposite party is directed to pay Rs.5,000/-(Rupees Five thousand only)as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 11th day of November, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Original order given by District Labour Officer (Enforcement) of District
Labour Office, Malappuram.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
