Delhi High Court - Orders
Ravi Kumar And Ors vs Govt Of Nct Of Delhi And Ors on 6 December, 2023
$~1, 19 to 38 and 43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
1
+ W.P.(C) 14738/2023, CM APPL. 58617/2023, CM APPL.
58618/2023, CM APPL. 58619/2023, CM APPL. 60508/2023 & CM
APPL. 60509/2023
RAVI KUMAR AND ORS ..... Petitioner
Through: Mr. V. Subramoniam T.R. and Mr.
Rahat, Advs
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
19
+ W.P.(C) 8153/2023 , CM APPL. 49241/2023 & CM APPL.
59421/2023
MUNNI LAL KUMAR AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
CHIEF ELECTORAL OFFICER AND ANR ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:02
Advocates.
Mr. Ajay Jain, SPC with Mr. Krishan
Sharma & Ms. Bijay Lakshmi, Advs.
For R-2
20
+ CONT.CAS(C) 1670/2023
TARUN KUMAR AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
SH ASHWANI KUMAR AND ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
Mr. Vivek Sharma, SPC for UOI with
Ms. Saroj Bidawat, Adv.
21
+ CONT.CAS(C) 1684/2023
AKASH VERMA AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
SH. ASHWANI KUMAR ..... Respondent
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:02
Advocates.
22
+ W.P.(C) 14020/2023 & CM APPL. 55412/2023
AKASH VERMA AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
23
+ W.P.(C) 14210/2023 & CM APPL. 56270/2023
TARUN KUMAR AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
Ms. Heetu Arora Sethi, ASC GNCTD
Mr. Vivek Sharma, Sr. Panel Counsel
for UOI
24
+ W.P.(C) 14627/2023 & CM APPL. 58177/2023
DHEERAJ TIWARI AND ORS ..... Petitioners
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
Mr. Ankur Yadav, SPC for R-2
Ms. Heetu Arora Sethi, ASC GNCTD
25
+ W.P.(C) 14640/2023 & CM APPL. 58241/2023
ROHIT PAL AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
26
+ W.P.(C) 14642/2023 & CM APPL. 58247/2023
SHASHANK SHARMA AND ORS .....Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
27
+ W.P.(C) 14643/2023 & CM APPL. 58251/2023
MUJAHID ALI AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
Ms. Latika Chaudhary, Adv.
28
+ W.P.(C) 14650/2023 & CM APPL. 58267/2023
JITENDER AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03
Advocates.
Mr. Sanjib Kr Mohanty, SPC with
Mr. Subhash Sahoo & Mr. Amit
Acharya, Advs. For R-3/UOI
29
+ W.P.(C) 14653/2023 & CM APPL. 58271/2023
KAWAR MUNINDER SINGH AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
Mr. Gaurav Dhingra, Adv. For R-1
30
+ W.P.(C) 14656/2023 & CM APPL. 58280/2023
GOPAL PANDEY AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03
Mr. V Balaji, Adv.
31
+ W.P.(C) 14784/2023 & CM APPL. 58823/2023
SUMIT KUMAR ..... Petitioner
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
Mr. Sandeep Tyagi, SPC for R-1
Mr. Tanveer Ahmed, SPC for UOI
32
+ W.P.(C) 14796/2023 & CM APPL. 58853/2023
PARSANT KUMAR ..... Petitioner
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Sujeet Kr. Mishra, Mr. Gauran
Prakash, Mr. Utkarsh & Mr. Pankaj
Balwan, Advs.
Mr. Yeeshu Jain, ASC with Ms. Jyoti
Singh and Ms. Manisha, Advocate.
for GNCTD
33
+ W.P.(C) 14797/2023 & CM APPL. 58855/2023
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03
SAJAN KUMAR ..... Petitioner
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Sujeet Kr. Mishra, Mr. Gauran
Prakash, Mr. Utkarsh & Mr. Pankaj
Balwan, Advs.
Mr. Yeeshu Jain, ASC with Ms. Jyoti
Singh and Ms. Manisha, Advocate for
GNCTD
Ms. Aakanksha Kaul & Ms. Versha,
Advs. for R-2/UOI
34
+ W.P.(C) 14805/2023 & CM APPL. 58867/2023
ARDHENDAU KUMAR SINGH ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr. T P Singh, Sr. Central Govt.
Counsel for R-2/UOI
Mr. Yeeshu Jain, ASC with Ms. Jyoti
Singh and Ms. Manisha, Advocate for
GNCTD
35
+ W.P.(C) 14806/2023 & CM APPL. 58869/2023
MOHD SAJID AND ORS ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti
Singh and Ms. Manisha, Advocate for
GNCTD
Mr. Ajay Kumar Pandey, Sr. Panel
Counsel with Mr. Rajat Choudhary,
Adv for R-2 with Mr. Naushad
Ahmed Khan & Ms. Pragya, Advs.
36
+ W.P.(C) 14807/2023 & CM APPL. 58871/2023
PRAVEEN TYAGI AND ANR ..... Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Sushil, SPC for UOI
Ms. Latika Chaudhary, Adv.
Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
37
+ W.P.(C) 14825/2023 & CM APPL. 58941/2023
ASHA DEVI ARYA AND ANR. .....Petitioners
Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Rohan Mandal& Ms. L. Gangmei,
Advocates
versus
GOVT OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Gaurav Dhingra, Adv. for
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03
GNCTD
Mr. Avinish Phogat, SPC for UOI
38
+ W.P.(C) 15095/2023 & CM APPL. 60298/2023
MOHD AKRAM & ORS. ..... Petitioners
Through: Mr. Jatin Kumar, Mr Harpreet Singh,
Mr. Gagan Kumar Singhal and Atul
Sharma, Advs.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
43
+ W.P.(C) 15718/2023 & CM APPL. 63051/2023 CM APPL.
63052/2023 CM APPL. 63053/2023.
DEEPAK RAI AND ORS ..... Petitioners
Through: Mr. R S Srivastava, Mr. Rahat Bansal
& Mr. Hari Vsihnu S. Tiwari, Advs.
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh
and Ms. Laavanya Kaushik,
Advocates.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 06.12.2023
1. Since the issues in the above captioned petitions are common, these This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03 matters were consolidated for hearing today. These petitions have been instituted on behalf of about 300 odd petitioners (collectively in all these petitions) who are part of the Civil Defence Volunteer Service ("CDVS") and have been assigned/ deputed in various departments of Government of NCT of Delhi ("GNCTD") since their initial engagement (most of the petitioners have been engaged since 2015).
2. Their assignments were extended from time to time, even during COVID-19, and they continued till 31st March, 2023. The petitioners were also duly paid by the GNCTD through its various departments.
3. On 31st October, 2023, GNCTD issued a circular stating as under :
"Whereas, as per provisions of the Civil Defence Act, 1968 and rules and regulations thereunder, the Civil Defence Volunteers (CDVs) are to be disaster called out only for dealing with hostile attack or for management; And whereas, it has been observed that the Civil Defence Volunteers have been called for duties in various departments of GNCTD which is contrary to the provisions of the Civil Defence Act, 1968 and the rules & regulations made thereunder;
And whereas, it has been noted that the aforesaid call out was also not done in fair and transparent manner by following the due process;
And whereas, it has been decided that the aforesaid call out of Civil Defence Volunteers needs to be ended with immediate effect;
Now, therefore, Director Civil Defence/ Divisional Commissioner is pleased to end the all out duty of all its members of Civil Defence Corps (Civil Defence Volunteers) deployed in any) department/office with effect from 31° October, 2023 (A/N).
This issues with the approval of the Competent This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03 Authority."
4. Accordingly, as per the GNCTD, since the petitioners' call for duty through the Directorate of Civil Defence stood terminated, the GNCTD was not obliged to deploy/engage the petitioners any further.
5. Prior to the issuance of circular dated 31st October, 2023, some of the petitioners approached the Regional Labour Commissioner (Central) and filed a statement of claim seeking reference of their disputes for determination. This was essentially on the basis of 'equal pay for equal work' and for regularisation with retrospective effect from their initial date of joining.
6. Notice was issued by the Conciliation Officer on 6th October, 2023 wherein it was stated that "The Management is advised to adhere to the provision of Section 33 of the Industrial Dispute Act, 1947 with regard to service conditions of workman involved in this dispute."
7. Subsequently, some of these writ petitions were filed (inter alia Akash Verma and Ors v. GNCTD & Anr. WP(C) 14020/2023, hereinafter "Akash Verma") seeking relief of continuity in service invoking Section 33 of the Industrial Disputes Act, 1947. Considering that the conciliation proceedings were afoot, this Court passed an order dated 30th October, 2023 directing as under:
"10. Considering these facts and circumstances, and the letter and spirit of Section 33 of the ID Act, at this stage, it would be apposite that the following directions be passed in the interim:
"i. The Conciliation Officer/respondent No.2 will endeavour to dispose of the matter at the earliest, preferably within a period of one month from today, with the cooperation of all the parties.
ii. In the meantime, till the decision of Conciliation Officer no precipitative action shall be taken with regard This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03 to the existing engagement of the petitioners.
iii. As regards the contentions raised by the Government of NCT of Delhi in respect of the jurisdiction and maintainability, the same may be considered by the Conciliation Officer, if so pressed by the Government.
11. Needless to state, these are only interim directions, and this Court is not expressing its opinion on the merits of the matter in any manner whatsoever.
12. List on 06th December, 2023."
8. Thereafter, further petitions, as listed under, were filed:
(i) W.P.(C) 14210/2023 Tarun Kumar And Ors v. GNCT & Anr. wherein also the petitioners had approached the Conciliation Officer prior to circular dated 31 st October, 2023 and therefore, this Court, vide order dated 01st November 2023 extended the protection provided vide order dated 30th October 2023 in Akash Verma (supra) to the petitioners.
(ii) W.P.(C) 14627/2023, W.P.(C) 14640/2023, W.P.(C) 14642/2023, W.P.(C) 14643/2023, W.P.(C) 14650/2023, W.P.(C) 14653/2023 and W.P.(C) 14656/2023 were filed by workers who were similarly placed but had approached the Conciliation Officer after the issuance of circular dated 31st October, 2023. In these petitions, vide order dated 08th November, 2023, the benefit of order dated 30th October, 2023 in Akash Verma (supra) was extended to the petitioners.
(iii) W.P.(C) 14784/2023, W.P.(C) 14796/2023, W.P.(C) 14797/2023, W.P.(C) 14805/2023, W.P.(C) 14806/2023, W.P.(C) 14807/2023 and W.P.(C) 14825/2023 were filed, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:03 which too related to similarly placed petitioners who had approached the Conciliation Officer after the issuance of circular dated 31st October, 2023. Vide order dated 10th November, 2023, the benefit of order dt. 30th October, 2023 in Akash Verma (supra) was extended to the petitioners herein as well.
(iv) Two more petitions being W.P.(C) 14738/2023 and W.P.(C) 15718/2023 have been filed by similarly placed petitioners, which are fresh matters wherein notice has not yet been issued.
(v) An earlier petition being W.P.(C) 8153/2023 tilted Munni Lal Kumar And Ors V. Chief Electoral Officer And Anr. were filed where a Coordinate Bench of this Court passed a protective order on 1st June, 2023 which was extended by a subsequent order dated 25th July, 2023.
(vi) Yet another petition being W.P.(C) 15095/2023 titled Mohd Akram & Ors. V. Gagan Kumar Singhal. was filed by petitioners who had not proceeded for conciliation but in which notice was issued by this Court vide order dated 22nd November, 2023.
(vii) CONT.CAS(C) 1670/2023 and CONT.CAS(C) 1684/2023 are contempt petitions filed by the respective petitioners for initiating contempt proceedings against the respondent for disobeying orders dated 30th October, 2023 and 1st November, 2023 passed by this Court, directing that no precipitative action be taken against the petitioner CDVs. It is This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:04 submitted that the petitioners in these contempt petitions were not taken back into service despite them reporting to their respective offices. As per their learned counsel, no salaries, wages, or money has been paid to these petitioners post 31 st October, 2023.
9. Today, learned counsel for some of the petitioners, Mr. Sanjoy Ghose, Senior Advocate, Mr. Rajiv Aggarwal, Advocate and others who support them, presented the decision of the Conciliation Officer passed in each of the matters before him. The Dy. Chief Labour Commissioner (Central) vide order dated 30th November, 2023, in each of the individual matters that were filed, passed an order stating that in his opinion, an industrial dispute exists between the management and the workmen, and referred the dispute for adjudication. Directions were issued for reference of the said disputes for adjudication to the Central Government Industrial Tribunal ("CGIT"), Delhi with directions to pass an award within 3 months.
10. The terms of the reference which form part of one of these orders bearing File No ND-25/II-58/2023-IR is extracted below:
"1. Whether the office of the District Magistrate (East), Govt. of NCT of Delhi is covered under the definition of 'Industry' u/s 2(j) of the Industrial Disputes Act, 1947 in relation to the work performed by the claimants Shri Tarun Kumar & 38 others (details mentioned in Annexure-A)?
"2. Whether the claimants Shri Tarun Kumar & 38 others (details mentioned in Annexure-A) are covered under the definition of 'workman' u/s 2(s) of the Industrial Disputes Act, 1947?
"3. If so, whether the demands of Shri Tarun Kumar & This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:04 38 others (details mentioned in Annexure-A) through Delhi Parshashan Vikas Vibhag Industrial Employees Union against the management of District Magistrate (East), GNCT of Delhi for regularisation of their services on their respective post from their initial date of joining into employment with difference of salary on the principal of "Equal Pay for Equal Work" from their initial date of joining and all consequential benefits thereof are fair, legal and justified? If yes, then for what relief the workmen are entitled to and what directions are necessary in this respect?"
References in other matters, are mutatis mutandis, the same except for the name of the particular office or department where these petitioners were deployed.
11. It is stated by the learned counsel appearing for the workmen that the decision of the Conciliation Officer is yet to be received on other complaints which have been raised by the workers.
12. Mrs. Avnish Ahlawat, learned Standing Counsel for the GNCTD contends that the circular dated 31st October, 2023 was in context of the fact that these workers / petitioners had been on the rolls of the Directorate of Civil Defence, a department under the GNCTD, from time to time. They were called 'members' of the Civil Defence Corps and had been called for 'nishkam sewa' (voluntary duty) without any remuneration from time to time. In this regard reference was made to the Standing Order No.01 of 2021 dated 15th August, 2021 issued by the Directorate of Civil Defence (Annexure R-3 in the counter affidavit filed in W.P.(C) 14020/2023).
13. She, therefore, contends that the petitioners were merely volunteers and there is no obligation on the establishment to regularise them or keep them engaged on a regular basis and they were simply deployed from time to time, whenever need be, in consonance with their role as Civil Defence Volunteers This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:04 ("CDVs"). She further contends that notwithstanding the circumstance that their engagements in various roles continued in departments of GNCTD from time to time, the basis of their engagements was volunteer service and cannot now be extended or extrapolated to being a regular service. It is contended that the GNCTD already has employees who have been recruited on a regular basis and are doing such jobs.
14. Learned Standing Counsel for the GNCTD further states that no department of the GNCTD ever invited applications from CDVs for deployment, nor was any advertisement to this effect published. She also relies inter alia on order No.60 dated 3rd November, 2016 where certain volunteers, forming part of 'nishkam sewa' were appointed as supervisors for the occasion of 'Chhat Puja'. Furthermore, she relied on order No.51 dated 10th October, 2010 (Annexure P-6 to W.P.(C) 14020/2023) to show that the CDVs were transferred from time to time and did not have permanent place to work.
15. In these circumstances, she contends that GNCTD is neither within the purview of the definition of an "industry", nor do these CDVs come within the ambit of "workmen", under the Industrial Disputes Act, 1947, and therefore, submits that no adjudication proceeding could continue under the said Act. She further submits that, since the issue goes to the root of their original engagements, this Court should consider these petitions on their own merits.
16. It is also stated by the parties including learned standing counsel for the GNCTD that affidavits explaining the facts and circumstances have been placed on record along with judgments they wish to rely upon.
17. Mr. Sanjoy Ghose, learned senior counsel, Mr. Rajiv Aggarwal, counsel appearing for some of the petitioners, assisted by various other This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:04 counsel contend that all these petitioners, though engaged as CDVs initially, have been performing duties of a perennial nature, working for at least 8 hours a day in the posts of drivers, peons, Data Entry Operators, chowkidars, MTS etc. He submits that theses CDVs were deployed from time to time in various departments of the GNCTD inter alia SDM, MCD, DJB etc.
18. Petitioners' counsel state that the petitioners were being paid daily wages, and attendant allowances, from time to time and their services were extended on an annual basis for the last 8 to 10 years. To support their contention, attention was drawn to office order no.40 dated 28th February, 2022, issued by the Delhi Jal Board, GNCTD stating inter alia that the CDVs, deployed with various offices of the DJB are subject to terms and conditions as enumerated thereunder.
19. What has been underscored by the learned counsel for petitioners is that, as per this office order, there are directions that the petitioners will be paid minimum wages for skilled labour along with conveyance allowance for upto 8 hours of duty. Further attention has been drawn to the circular of the Directorate of Civil Defence dated 28th September, 2020 (Annexure P-6 in W.P.(C) 15718/2023) which is a letter for budgetary allocation and includes substantial amount of money (running in crores for salaries and wages). It is further contended that there has been no communication by the Department of Civil Defence to these petitioners stating that their services were to be discontinued or would eventually be discontinued.
20. It is also stated that they were working under the direct supervision and control of various departments, as mentioned above and salaries were also being paid by the respective departments, which are all subsets of the GNCTD.
21. As per them, the order dated 31st October, 2023 was passed, without This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:04 issuing any notice to these petitioners who had been engaged for the last 8 to 10 years. In these circumstances, it is submitted on behalf of the petitioners that the volunteer element of their engagement is now eclipsed by the petitioners' deployment, at regular intervals, in various departments and the duties that have been assigned to them. On these aspects they submit, shall in any event form part of the adjudication of reference before the Ld. CGIT, and pray for protective orders in the interim while awaiting such adjudication of the CGIT.
22. Having heard learned counsel for the parties and upon perusal of the documents on record, in the opinion of this Court, at this stage, till these matters are adjudicated by this Court, it would be appropriate if the protective orders passed by this Court are continued, and their benefit is extended to all of the petitioners, irrespective of when they approached the Conciliation Officer or this Court. This is in light of the fact that the dispute between the parties has already been referred to the Ld. CGIT, which is the authority empowered to determine disputes relating to workers, who will necessarily entertain objections as to their status of employment and various aspects under the Industrial Disputes Act, 1947 and return their findings after hearing parties and assessing evidence. This Court would also have the benefit of the Ld. CGIT's decision in further determination.
23. However, since the learned standing counsel for the GNCTD wishes to canvass jurisdictional issues in relation to the petitioners' engagement, this Court will consider the same on the next date of hearing notwithstanding the proceedings before the Ld. CGIT.
24. It is made clear that no opinion is being expressed by this Court on merits in these petitions, and the Ld. CGIT shall continue to decide the reference in the time line specified, unhindered and unabated.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:04
25. To further clarify, till the next date of hearing, no precipitative action shall be taken with regard to existing deployment of the petitioners and their deployment shall be continued in consonance with the earlier practice undertaken by the GNCTD. They shall also be paid their requisite wages / allowances under whichever head of accounting they were being paid previously.
26. Effectively, status quo of the situation as it existed on 30st October, 2023, prior to the notification being passed, shall continue till the next date of hearing.
27. The opinion of this Court is informed on the basis of a prima facie assessment of the matter and, in particular, on the balance of convenience which tilts in favour of the workers, inter alia considering that they were admittedly engaged as CDVs by the Directorate of Civil Defence, yet were deployed to various departments of the GNCTD for the last 8 to 10 years, where they performed various duties continuously and were paid a minimum wage plus allowances.
28. Further, considering that reference is already made to the Ld. CGIT, the benefit of section 33 Industrial Disputes Act ought to be extended to such petitioners in any event. Where references are not made yet, the matter is before the Conciliation Officer, in any event since all are similarly placed, the protection ought to be extended to all the petitioners.
29. More importantly, this Court considers that in the interim, it is a question of livelihood for these petitioners and their families, who are large in number (apparently more than 300) and had been deployed consistently and continuously for the last 8 to 10 years. The submission of the GNCTD, that the CDVs deployment to various departments for all these years was illegal, cannot be permitted to suddenly prejudice the petitioners who received This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:04 the benefit of such deployment for years.
30. As regards W.P.(C) 14738/2023 and W.P.(C) 15718/2023, notices are issued to the respondents and are accepted by the learned counsel for the respondents, who shall be at liberty to file counter affidavits to the same within the next 4 weeks after serving copies of the same to the opposing counsel.
31. As regards the contempt petitions CONT.CAS(C) 1670/2023 and CONT.CAS(C) 1684/2023, instead of issuing notices to the officers in various departments (arrayed as contemnors) Court Notice is issued to the GNCTD through their Standing Counsel who shall place on record their stand in respect of these contempt petitions and reason for non-compliance. For the moment, in light of the directions passed above, there is no urgency to hear these contempt petitions de hors the main petitions themselves.
32. List all these petitions on 19th January, 2024. It is made clear that only interim directions have been passed and matters are 'not part heard'.
33. Order be uploaded on the website of this Court.
ANISH DAYAL, J DECEMBER 6, 2023/sm This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:30:04