Full Judgment Text
Neutral Citation Number 2022/DHC/004842
$~73 to 75, 77 to 81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15417/2022, CM APPLs. 47925-27/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sandeep Prakash Agarwal, Sr.
Adv. with Ms. Namrata Mukim,
Standing counsel with Ms. Garima
Jindal, Ms. Tanya Chanda, Advs. with
Mr. Dheeraj Kumar, AO, Shahdara
South, MCD.
versus
SMT. RAJO W/O RAMESHWER & ORS. ..... Respondents
Through: Mr. Sanjay Ghose, Sr. Adv. with Mr.
V. Sharma, Mr. Mayur Srivastava,
Mr. Nipul and Mr. R. K. Pandit,
Advs.
74
+ W.P.(C) 15423/2022, CM APPsL. 47945-46/2022, CM
APPL.48130/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sandeep Prakash Agarwal, Sr.
Adv. with Ms. Namrata Mukim,
Standing counsel with Ms. Garima
Jindal, Ms. Tanya Chanda, Advs. with
Mr. Dheeraj Kumar, AO, Shahdara
South, MCD.
versus
DEPUTY LABOUR COMMISSIONER & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel, GNCTD with Mohd. Shahid
Khan, Mr. Naushad Ahmad, Advs. for
R-1 to 3.
W.P.(C) 15417/2022 & connected matters Page 1 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
Mr. Zoheb Hossain, ASC, GNCTD
with Mr. Vivek Gurnani, Adv. for R-
1 to 3.
Ms. Vibha Mahajan Seth, Adv. for R-
2 & 3.
Mr. Sanjay Ghose, Sr. Adv. with Mr.
V. Sharma, Mr. Mayur Srivastava,
Mr. Nipul and Mr. R. K. Pandit,
Advs.
Mr. Rishikesh Kumar, ASC, GNCTD
with Muhammad Zaid, Mr. Aditya
Raj and Mr. Sudhir Kumar Shukla,
Advs. for GNCTD.
75
+ W.P.(C) 15427/2022, CM APPLs. 47950-51/2022, CM
APPL.48131/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sandeep Prakash Agarwal, Sr.
Adv. with Ms. Namrata Mukim,
Standing counsel with Ms. Garima
Jindal, Ms. Tanya Chanda, Advs. with
Mr. Dheeraj Kumar, AO, Shahdara
South, MCD.
versus
DEPUTY LABOUR COMMISSIONER & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel, GNCTD with Mohd. Shahid
Khan, Advs. for R-1 to 3
Mr. Naushad Ahmad, Adv. for R-1.
Ms. Vibha Mahajan Seth, Adv. for R-
2 & 3.
Ms.Latika Choudhary, Adv. for R-1
to 3.
Mr. Sanjay Ghose, Sr. Adv. with Mr.
V. Sharma, Mr. Mayur Srivastava,
W.P.(C) 15417/2022 & connected matters Page 2 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
Mr. Nipul and Mr. R. K. Pandit,
Advs.
Mr. Rishikesh Kumar, ASC, GNCTD
with Muhammad Zaid, Mr. Aditya
Raj and Mr. Sudhir Kumar Shukla,
Advs. for GNCTD.
Mr. Akshit Kapur and Mr. Rajiv
Kapur, Advs. for SBI.
77
+ W.P.(C) 15492/2022, CM APPLs. 48205-07/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sandeep Prakash Agarwal, Sr.
Adv. with Ms. Namrata Mukim,
Standing counsel with Ms. Garima
Jindal, Ms. Tanya Chanda, Advs. with
Mr. Dheeraj Kumar, AO, Shahdara
South, MCD.
versus
DEPUTY LABOUR COMMISSIONER & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel, GNCTD with Mohd. Shahid
Khan, Advs. for R-1 to 3.
Ms. Vibha Mahajan Seth, Adv. for R-
2 & 3.
Mr. Sanjay Ghose, Sr. Adv. with Mr.
V. Sharma, Mr. Mayur Srivastava,
Mr. Nipul and Mr. R. K. Pandit,
Advs.
Mr. Rishikesh Kumar, ASC, GNCTD
with Muhammad Zaid, Mr. Aditya
Raj and Mr. Sudhir Kumar Shukla,
Advs. for GNCTD.
Mr. Akshit Kapur and Mr. Rajiv
Kapur, Advs. for SBI.
W.P.(C) 15417/2022 & connected matters Page 3 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
78
+ W.P.(C) 15493/2022, CM APPLs. 48218-20/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sandeep Prakash Agarwal, Sr.
Adv. with Ms. Namrata Mukim,
Standing counsel with Ms. Garima
Jindal, Ms. Tanya Chanda, Advs. with
Mr. Dheeraj Kumar, AO, Shahdara
South, MCD.
versus
DEPUTY LABOUR COMMISSIONER & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel, GNCTD with Mohd. Shahid
Khan, Advs. for R-1 to 3.
Ms.Latika Choudhary, Adv. for R-1
to 3.
Ms. Vibha Mahajan Seth, Adv. for R-
2 & 3.
Mr. Sanjay Ghose, Sr. Adv. with Mr.
V. Sharma, Mr. Mayur Srivastava,
Mr. Nipul and Mr. R. K. Pandit,
Advs.
Mr. Rishikesh Kumar, ASC, GNCTD
with Muhammad Zaid, Mr. Aditya
Raj and Mr. Sudhir Kumar Shukla,
Advs. for GNCTD.
Mr. Akshit Kapur and Mr. Rajiv
Kapur, Advs. for SBI.
79
+ W.P.(C) 15510/2022, CM APPLs. 48249-51/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sandeep Prakash Agarwal, Sr.
Adv. with Ms. Namrata Mukim,
Standing counsel with Ms. Garima
W.P.(C) 15417/2022 & connected matters Page 4 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
Jindal, Ms. Tanya Chanda, Advs. with
Mr. Dheeraj Kumar, AO, Shahdara
South, MCD.
versus
DEPUTY LABOUR COMMISSIONER & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel, GNCTD with Mohd. Shahid
Khan, Advs. for R-1 to 3.
Ms. Vibha Mahajan Seth, Adv. for R-
2 & 3.
Mr. Sanjay Ghose, Sr. Adv. with Mr.
V. Sharma, Mr. Mayur Srivastava,
Mr. Nipul and Mr. R. K. Pandit,
Advs.
Mr. Rishikesh Kumar, ASC, GNCTD
with Muhammad Zaid, Mr. Aditya
Raj and Mr. Sudhir Kumar Shukla,
Advs. for GNCTD.
Mr. Akshit Kapur and Mr. Rajiv
Kapur, Advs. for SBI.
80
+ W.P.(C) 15511/2022, CM APPLs. 48252-54/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sandeep Prakash Agarwal, Sr.
Adv. with Ms. Namrata Mukim,
Standing counsel with Ms. Garima
Jindal, Ms. Tanya Chanda, Advs. with
Mr. Dheeraj Kumar, AO, Shahdara
South, MCD.
versus
DEPUTY LABOUR COMMISSIONER & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel, GNCTD with Mohd. Shahid
Khan, Advs. for R-1 to 3.
W.P.(C) 15417/2022 & connected matters Page 5 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
Ms. Vibha Mahajan Seth, Adv. for R-
2 & 3.
Mr. Sanjay Ghose, Sr. Adv. with Mr.
V. Sharma, Mr. Mayur Srivastava,
Mr. Nipul and Mr. R. K. Pandit,
Advs.
Mr. Rishikesh Kumar, ASC, GNCTD
with Muhammad Zaid, Mr. Aditya
Raj and Mr. Sudhir Kumar Shukla,
Advs. for GNCTD.
Mr. Akshit Kapur and Mr. Rajiv
Kapur, Advs. for SBI.
81
+ W.P.(C) 15512/2022, CM APPLs. 48255-56/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sandeep Prakash Agarwal, Sr.
Adv. with Ms. Namrata Mukim,
Standing counsel with Ms. Garima
Jindal, Ms. Tanya Chanda, Advs. with
Mr. Dheeraj Kumar, AO, Shahdara
South, MCD.
versus
DEPUTY LABOUR COMMISSIONER & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel, GNCTD with Mohd. Shahid
Khan, Advs. for R-1 to 3
Mr. Sanjay Ghose, Sr. Adv. with Mr.
V. Sharma, Mr. Mayur Srivastava,
Mr. Nipul and Mr. R. K. Pandit,
Advs.
Mr. Rishikesh Kumar, ASC, GNCTD
with Muhammad Zaid, Mr. Aditya
Raj and Mr. Sudhir Kumar Shukla,
Advs. for GNCTD.
Mr. Akshit Kapur and Mr. Rajiv
Kapur, Advs. for SBI.
W.P.(C) 15417/2022 & connected matters Page 6 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
th
% Date of Decision: 11 November, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
J U D G M E N T
DINESH KUMAR SHARMA, J. (Oral)
1. Earlier MCD had filed a writ petition bearing W.P. (C) No. 14377/2022
tiled as “ Municipal Corporation of Delhi vs. Deputy Labour
th
Commissioner & Ors” dated 14 October, 2022 in which the following
order was passed;
“CM APPL. 44647/2022 (for amendment)
Present application has been moved seeking amendment in
the prayer clause of the writ petition. Learned counsel for the
petitioner submits that in the earlier writ petition, the petitioner
inadvertently prayed as follows:
(a) Issue a writ of certiorari or any other writ of like nature quashing
the impugned Recovery Certificate dated 05.11.2021 issued by the
office of Deputy Labour Commissioner, District-East/North East,
Vishwakarma Nagar, Jhilmil Colony, Shahdara, Delhi-95 vide
S.No.F.23(523)/Imp/Lab/E/2021/7813 for a sum of Rs.55,00,000/-
plus 8% interest, S.No.F.23(524)/Imp/Lab/E/2021/7816 for a sum
of Rs.55,00,000/- plus 8% interest and vide S.No.F.23
(524)/Imp/Lab/E/2021/7768 for a sum of Rs.35,75,000/- plus 8%
interest LCA No.1927/20, 1928/20,
W.P.(C) 15417/2022 & connected matters Page 7 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
1929/20,1931/20,1932/20,1933/20, 1934/20, 1935/20, 1936/20,
1937/20, 1938/20, 1939/20, 2014/20, 2015/20, 2016/20, 2017/20,
2018/20, 2019/20, 2020/20, 2021/20, 2022/20, 2023/20 , 2024/20,
2025/20, 2027/20, 2028/20 , 2029/20. 2030/20, 2031/20, 2032/20,
2033/20, 2034/20, 2035/20, 2036/20, 2037/20,
2038/20,2039/20,2040/20, 2041 /20, 2042/20, 2043/20, 2044/20,
2045/20, 2047/20,2048/20, 2065/20, 2066/20, 2067/20, 2068/20,
2069/20, 2070/20, 2071/20, 2072/20 & 2073/20 dated 13.01.2021
(b) Set-aside the impugned attachment notice
No.SDM/VV/2022/1479-87 issued by the Office of the Assistant
Collector Grade-II (Vivek Vihar), in the interest of justice, as it is
a policy matter.
(c) May remand the matter back to the Ld.Trial Court to R
Reconsider and/or Review the Resolution No.212 dated
13.12.2014 (Annexure A-4) and also circular dated 02.03.2020
(Annexure A-6) passed by the Petitioner, in the interest of justice,
as it is policy matter.
(d) Set up an enquiry against the Union through which the
Respondent workmen are claiming –Nagar Nigam Karamchari
Sangh Delhi Pradesh, P-2/624, Sultanpuri:
(e) Pass any other Order/orders which this Hon’ble Court may deem
fit and proper in the interest of justice.
Learned senior counsel for the petitioner submits that by way
of amendment, the petitioner wants to incorporate the following
prayer clauses:
W.P.(C) 15417/2022 & connected matters Page 8 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
A. Issue a writ of certiorari or any other writ of like nature quashing
the impugned award dated 13.01.2021 in LCA No.1927/20,
1928/20, 1929/20,1931/20,1932/20,1933/20, 1934/20, 1935/20,
1936/20, 1937/20, 1938/20, 1939/20, 2014/20, 2015/20, 2016/20,
2017/20, 2018/20, 2019/20, 2020/20, 2021/20, 2022/20, 2023/20 ,
2024/20, 2025/20, 2027/20, 2028/20 , 2029/20. 2030/20, 2031/20,
2032/20, 2033/20, 2034/20, 2035/20, 2036/20, 2037/20,
2038/20,2039/20,2040/20, 2041 /20, 2042/20, 2043/20, 2044/20,
2045/20, 2047/20,2048/20, 2065/20, 2066/20, 2067/20, 2068/20,
2069/20, 2070/20, 2071/20, 2072/20 & 2073/20;
B. Issue a writ of certiorari or any other writ of like nature quashing
the impugned Recovery Certificates dated 05.11.2021 issued by
the Office of the Deputy Labour Commissioner, District-
East/North East, Vishwakarma Nagar, Jhilmil Colony, Shahdara,
Delhi-95 vide S.No.F.23(523)/Imp/Lab/E/2021/7813 for a sum of
Rs.55,00,000/- plus 8% interest,
S.No.F.23(524)/Imp/Lab/E/2021/7816 for a sum of Rs.55,00,000/-
plus 8% interest and vide S.No.F.23(524)/Imp/Lab/E/2021/7768
for a sum of Rs.35,75,000/- plus 8% interest;
C. Issue a writ of certiorari or any other writ of like nature quashing
the impugned attachment notices No.SDM/VV/2022/1479-87 and
also No.SDM/VV/2022/1488-1495 issued by the Office of the
Assistant Collector Grade-II (Vivek Vihar) dated 30.03.2022 in
the interest of justice;
D. May remand the matter back to the Ld.Trial Court to R
Reconsider and/or Review the Resolution No.212 dated
W.P.(C) 15417/2022 & connected matters Page 9 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
13.12.2014 (Annexure A-4) and also Circular dated 02.03.2020
(Annexure A-6) passed by the Petitioner, in the interest of justice,
as it is policy matter;
E. Set-up an enquiry against the Union through which the
Respondent workmen are claiming-Nagar Nigam Karamchari
Sangh Delhi Pradesh, P-2/624, Sultanpuri;
F. Pass any other Order/orders which this Hon’ble Court may deem
fit and proper in the interest of justice.
Learned senior counsel for the respondent has fairly stated
that he has no objection and these amendments may be allowed.
In view of the submissions made, the application is allowed.
The amended petition be taken on record.
W.P.(C) 14377/2022
1. The present writ petition has been filed challenging the order
th th
dated 13 January, 2021. The order dated 13 January, 2021 is
based on the statement made by Sh. Ramesh Chandra Sahoo,
Assistant Commissioner, Shahdara South Zone, EDMC-32 on
oath.
2. The statement of Sh. Ramesh Chandra Sahoo, Assistant
Commissioner, Shahdara South Zone, EDMC-32 is reproduced
herein under;
“Today, I have filed written statement signed by me in
respect of the application of the claimant under Section 33-C
(2) of I.D. Act, 1947 and contents of the same may be read as
part and parcel of this statement, according to which, the
claimant is entitled for the benefit as claimed by him under
W.P.(C) 15417/2022 & connected matters Page 10 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
section 33-C(2) of l.D. Act,1947. Further, the management
shall process the file for the fixation of pay scale by giving
the benefits of grade pay and for the calculation of arrear
arose due to giving the benefit of MACP with its all
consequential benefits. The management shall pay the above
said difference of pay scale with arrears along with its other
consequential benefits by giving the benefits of MACP with
its all consequential benefits as claimed by the claimant as
soon as the funds are available. Matter may be disposed of
accordingly.”
3. On the basis of the statement of Sh. Ramesh Chandra Sahoo,
learned Labour Court passed the impugned order whereby the
petitioner-corporation was directed to make the balance payment
to the claimants as per statement made on its behalf within one
month.
4. In the present writ petition, a very peculiar plea has been raised.
Learned senior counsel for the petitioner-corporation states that
Sh. Ramesh Chandra Sahoo, Assistant Commissioner, Shahdara
th
South Zone, EDMC-32 has made the statement on oath on 13
January, 2022 before the learned Labour Court, unauthorisedly,
without any instruction from the corporation and contrary to the
written statement filed by the Corporation in response to the
application filed by the respondent-workman under Section 33-C
(2) of the Industrial Disputes Act, 1947 (the Act).
5. Learned senior counsel for the petitioner submitted that the
department has initiated not only departmental proceedings
against said Ramesh Chandra Sahoo, Assistant Commissioner,
Shahdara South Zone, EDMC-32, but also has also filed a police
W.P.(C) 15417/2022 & connected matters Page 11 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
compliant against him. Learned senior counsel submits that the
matter is under scrutiny at the highest level and the petitioner-
corporation is making all efforts to find out the reasons behind
making the said false statement.
6. Before proceeding further, this Court is appalled to note that a
senior officer of Assistant Commissioner has made a statement
without authority or any instruction and contrary to the record.
This Court feels that such statements made by a senior officer
which is alleged to have been made unauthorizedly and contrary
to the record, makes the functioning of the Court very difficult.
The Courts generally records the statements made by the Officer
of such corporations on its face value and passes the order on the
basis of their statements. If such statements are alleged to have
been made unathorisedly, then it would be very difficult for the
Courts to record such statements and act upon the same. The
Courts function on the premises of trust and faith. This Court
considers that MCD should take appropriate action and evolve a
mechanism, so that no such instance is repeated. If the officer is
found to be guilty, strict action should be taken.
7. This Court would not make any further observation in this regard
as it may affect the departmental proceedings and the investigation
and furthermore since the officer is not a party before this Court. It
would be suffice to say that this should be inquired into and
investigated by the appropriate /competent authority with all
seriousness and it must reach to the logical conclusion.
8. Learned senior counsel for the petitioner submits that in fact, these
W.P.(C) 15417/2022 & connected matters Page 12 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
respondent workmen were appointed on daily wages against the
leave substitute’s posts in the year 1996-1998.
9. It has been submitted that these respondent workmen along with
many other daily wagers were regularized in April, 2013. It has
further been submitted that the present disputes revolves around
the arrears and MACP of pay for the intervening period between
2004-2013.
10. Learned senior counsel submits in fact, the plea taken by the
respondents-workmen are that they are entitled to be regularized
w.e.f. 2004. Learned senior counsel submits that these workmen
could not have been regularized w.e.f. 2004 as there were no
sanctioned post at that time. Reliance has been placed on
“ Secretary, State of Karnataka and Others v. Uma Devi (3) and
Others”(2006) 4 SCC 1 .
nd
11. Learned senior counsel further relied upon the circular dated 2
March, 2020 which is regarding claim of arrears of employees
regularized in the year March, 2013. Vide this circular, a
clarification was issued which is as follows;
A. All leave substitutes engaged on or before 10/04/1996
against vacant posts of Safai Karmachari’s and completed 10
years continuous service as on 10/04/2006 will be considered
as regularized as Paryavaran Sahayaks (Safai
Karmacharies) w.e.f. 10/4/2006 i.e. the date set by Hon’ble
Court. Pay fixation and regularization arrears are payable
w.e.f. 10/04/2006 for such employees.
B. For those leave substitutes engaged but not against
vacant posts and regularized against the posts created in
2013 vide resolution No.293 dated 18/3/2013 are eligible for
pay fixation as well as arrears w.e.f. 1/4/2013 or their actual
W.P.(C) 15417/2022 & connected matters Page 13 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
date of regularization whichever is later.”
12. Learned senior counsel submits that payment of the arrears in
terms of the attachment order issued by the learned Labour Court
would run into around 600 crores with respect to all the
employees and therefore, in view of the judgment of the Supreme
Court in “Secretary, State of Karnataka and Others (supra),
“State of Rajasthan & Ors . v. Daya Lal & Ors .” (2011) 2 SCC
429 and “ Nand Kumar v. State of Bihar & Ors .” (2014) 5 SCC
300, the matter requires deliberation and the recovery certificate
are liable to be stayed immediately.
13. Sh. Sujoy Gosh, learned senior counsel for the respondent
vehemently opposed the same. Learned senior counsel submits
th
that as per office order of the corporation itself, dated 26
December, 2014, which refers to the Resolution No. 212 dated
th
13 December, 2014, the creation of 5000 posts of regular were
st
Swachhata Karmachari were created w.e.f. 1 April, 2004.
Learned senior counsel submits that in view of this order of the
erstwhile East Delhi Municipal Corporation the order of the
learned Labour Court is absolutely correct.
14. Learned senior counsel has further submitted that on the same
analogy, the Safai Karmacharis were regularized in South
Municipal Corporation and North Delhi Municipal Corporation
st
w.e.f. 1 April, 2004.
15. Learned senior counsel has further submitted that the present
respondents-workmen will be seriously prejudiced if they are not
W.P.(C) 15417/2022 & connected matters Page 14 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
st
regularized, despite a resolution of the corporation w.e.f. 1 April,
2004. Learned senior counsel has also submitted that even EDMC
st
has paid 25% of the arrears w.e.f. 1 April, 2004 to the EDMC
employees.
16. As this Court has noted earlier, the present writ petition has raised
a very serious issue as to a senior officer having made a statement
allegedly unauthorisedly, without any instruction and contrary to
the written statements filed by him only before the learned Labour
Court. The matter is pending departmental inquiry and is also
stated to be subject matter of the investigation to be conducted by
the law enforcement agency. The culmination of such inquiry and
investigation may take a long time. The staying of the recovery
certificate may cause a serious prejudice to the respondent-
workmen. At the same time asking the corporation to make the
payment to the respondents-workmen on the basis of the statement
allegedly having been made without any authorization and
contrary to the record may be a dent on the public exchequer. The
refund /recovery of such amount may also be very difficult.
17. In these circumstances, in order to balance the interest of the
parties, it would be desirable if the matter is remanded back to the
learned Labour Court. Learned Labour Court is directed to decide
the application under Section 33-C-(2) of the Industrial Disputes
th
Act dated 10 February, 2020 having been filed by the
respondents-workmen on the basis of the written statement filed
by the petitioner corporation and independent of the statement
th
made by Sh. Ramesh Chandra Sahoo made on 13 January, 2021.
W.P.(C) 15417/2022 & connected matters Page 15 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
18. It is pertinent to mention here that this Court has not gone into the
merits of the case and nothing expressed or stated herein shall
tantamount to be any expression on the merits of the case. Both
the parties shall be at liberty to raise all contentions before the
learned Labour Court regarding the application under Section 33-
C-(2) of the Industrial Disputes Act and its reply.
19. Learned senior counsel very fairly submitted that corporation shall
produce the service books of all the respondent-workmen before
the learned Labour Court so as to assist the Labour Court in
proper adjudication of the application under Section 33-C-(2) of
the Industrial Disputes Act.
20. In view of the seriousness of the matter, learned Labour Court is
directed to dispose of the matter as expeditiously as possible.
However, recovery certificate issued in award No.
th
F23(523)/Imp/Lab/E/2021/7813 dated 5 November, 2021 shall
remain in abeyance till the matter is decided de novo by the
learned Labour Court.
21. With these observations, the present petition along with pending
applications stands disposed of.”
2. Present writ petitions have been filed on identical facts.
3. Learned senior counsel for the respondent submits that the only
distinction between the cases earlier disposed of and the present cases
th
are that in the earlier order dated 14 October, 2022, the contention of
the learned senior counsel for the petitioner was recorded that the
respondent –workman along with other daily wagers were regularized in
April, 2013.
W.P.(C) 15417/2022 & connected matters Page 16 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
4. Learned senior counsel for the respondent submits that, however, in the
present cases and in particular W.P.(C) 15417/2022, MCD has
specifically stated in reply to the claim petition that the claimant was
initially appointed as a daily wager by the management and thereafter
st
their services were regularized by the management w.e.f. 1 April, 2003
by EDMC. Learned senior counsel for the respondents submits that
therefore, it is a different case. Attention of the Court has been invited
to para 4 of the reply to the claim petition, wherein it has been recorded
as under:
“4. That the management has to implement the benefits of the
pay-band of Rs.5200-20,200+GP1800/- with MACP in the Pay
Scale of its employee, and thus same are under process. It is
further submitted that, the arrears of the Difference of Salary as
mentioned in Annexure-A in the application of the claimant is not
correct and the concerned department of the management is being
calculated the arrear of Difference of Salary subject to
Verification from the Accounts Department of the EDMC and
management shall pay the benefits subject to availability of funds.
The copy of the relevant pages of the service book of the
concerned employee is Annexed herewith as a Annexure-X.”
5. Learned senior counsel for the petitioner has submitted that the
submission made by learned senior counsel for the respondent is
incorrect and in fact, the writ petition earlier disposed of vide order
th
dated 14 October, 2022 and the present petitions are on identical facts.
Learned senior counsel for the petitioner has also invited the attention of
this Court to para 4 of the reply to the claim petition wherein the
Corporation has stated that it has to implement the benefits of the pay-
band of Rs.5200-20,00+GP1800/- with MACP in the Pay Scale of its
W.P.(C) 15417/2022 & connected matters Page 17 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
employees, and the same are under process.
6. Learned senior counsel for the petitioner has specifically stated that
MCD in the reply, which are identical in all the cases, has took a plea
that the arrears of difference of salary as claimed by the claimant are not
correct and the correct amount is being calculated by the department.
Learned senior counsel submits that the period of entitlement of the
claimants are yet to be ascertained by the Corporation. Learned senior
counsel has submitted that in fact, the statement made by Mr. Ramesh
Chandra Shahoo, Assistant Commissioner, Shahdara South Zone,
EDMC-32 that the management shall pay the difference of pay scales
with the arrears along with other consequential benefits by giving the
benefits of MACP with its all consequential benefits as claimed by the
claimant as soon as the funds are available, is incorrect and had been
made without any instructions and is contrary to record.
7. Learned senior counsel for the petitioner submits that similarly, the
learned Labour Court has fallen into an error by accepting the statement
of Mr. Ramesh Chandra Shahoo, Assistant Commissioner, Shahdara
South Zone, EDMC-32 by making a direction to make the balance
payment to the claimant as per the statement made by him.
8. The present proceedings have emanated out of the claim petition filed
under Section 33-C (2) of the Industrial Disputes Act, 1947. In a brief
compass, the MCD has filed all these writ petitions on the ground that
Mr. Ramesh Chandra Shahoo, Assistant Commissioner, Shahdara South
Zone, EDMC-110032 has made a statement unauthorizedly and
contrary to the record, on the basis of which the learned Labour Court
has passed the impugned order.
W.P.(C) 15417/2022 & connected matters Page 18 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
9. Learned Senior counsel for the petitioner has submitted that until the
period of entitlement is ascertained such directions could not have been
passed.
10. This Court will restrain itself from making any comments/observations
on the rival contentions as posed by both the learned senior counsels
regarding the date from which the arrears of salary/pay is to be made. I
consider that this is required to be adjudicated in terms of the directions
as passed in the earlier writ petition bearing W.P. (C) No. 14377/2022
tiled as “ Municipal Corporation of Delhi vs. Deputy Labour
th
Commissioner & Ors” disposed of vide order dated 14 October, 2022.
11. It is pertinent to mention here that this Court has not gone into the merits
of the cases and nothing expressed or stated herein shall tantamount to
be any expression on the merits of the cases. Both the parties shall be at
liberty to raise all contentions before the learned Labour Court regarding
the application under Section 33-C-(2) of the Industrial Disputes Act and
its reply.
12. The corporation shall produce the service books of all the respondent-
workmen before the learned Labour Court so as to assist the Labour
Court in proper adjudication of the application under Section 33-C-(2) of
the Industrial Disputes Act.
13. Learned Labour Court is directed to dispose of the matters as
expeditiously as possible. However, all recovery certificates pertaining
to the impugned awards in LCA Nos. 691/19, 692/19, 693/19, 694/19,
695/19, 697/19, 698/19, 699/19, 700/19, 815/19, 816/19, 817/19 &
818/19 in W.P.(C)15417/2022 ; LCA Nos. 671/19, 804/19, 805/19,
806/19, 807/19, 808/19, 809/19, 810/19, 811/19, 812/19 & 813/19 in
W.P.(C) 15417/2022 & connected matters Page 19 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04
Neutral Citation Number 2022/DHC/004842
W.P.(C)15423/2022 ; LCA Nos. 277/19, 278/19, 279/19, 280/19,
281/19, 285/19, 286/19, 287/19, 288/19, 289/19, 290/19, 291/19, 295/19,
296/19, 297/19, 298/19, 444/19, 445/19, 446/19, 447/19, 448/19, 449/19,
450/19, 458/19, 459/19, 460/19, 461/19, 462/19, 463/19, 464/19, 465/19,
466/19, 468/19, 469/19 & 470/19 in W.P.(C) 15427/2022 ; LCA Nos.
339/19, 340/19, 341/19, 342/19, 343/19, 344/19, 345/19, 346/19, 347/19
& 348/19 in W.P.(C) 15492/2022 ; LCA Nos. 300/19, 301/19, 302/19,
303/19, 304/19, 305/19, 308/19, 309/19, 313/19 & 319/19 in W.P.(C)
15493/2022 ; LCA Nos. 783/19, 784/19, 785/19, 786/19, 787/19, 788/19,
789/19, 790/19, 791/19 & 792/19 in W.P.(C) 15510/2022 ; LCA Nos.
642/19, 643/19, 644/19, 645/19, 646/19, 647/19, 648/19, 649/19, 794/19,
795/19, 796/19, 797/19 & 798/19 in W.P.(C) 15511/2022 ; LCA Nos.
837/19, 838/19, 839/19, 840/19, 841/19, 842/19, 843/19, 844/19, 845/19,
847/19, 848/19, 849/19, 850/19, 851/19, 852/19, 854/19, 855/19 &
856/19 in W.P.(C) 15512/2022 shall remain in abeyance till the matter
is decided de novo by the learned Labour Court.
14. Let litigation expenses to the tune of Rs.5,000/- be paid to each
respondent-workman in these petitions by the petitioner.
15. With these observations, the present petitions along with all pending
applications stand disposed of.”
DINESH KUMAR SHARMA, J
NOVEMBER 11, 2022/ Pallavi
W.P.(C) 15417/2022 & connected matters Page 20 of 20
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
15:33:04