Delhi High Court - Orders
Indira Gandhi National Centre For Arts ... vs Chander Mohan Sharma on 21 December, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:23.12.2021 11:40:45
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14789/2021 & CM APPLs. 46579/2021 & 46580/2021
INDIRA GANDHI NATIONAL CENTRE FOR ARTS (IGNCA)
..... Petitioner
Through: Mr. Abhinash K. Mishra, Advocate
versus
CHANDER MOHAN SHARMA ..... Respondent
Through: Ms. Meghna De, Advocate
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 21.12.2021
1. This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. Vide the impugned order dated 5th August, 2021, passed by the CGIT in Industrial Dispute Case No.174/2017 titled Sh. Chander Mohan Sharma v. Indira Gandhi National Centre for Arts, the Respondent- Workman has been given reinstatement and payment of the differential remuneration considering his last pay on the date of termination.
3. The case of the Petitioner is that the Building Project Committee of the Indira Gandhi National Centre for Arts (hereinafter, "IGNCA") was wound up w.e.f. 11th December, 2002 and a Building Project Cell was created to assist the IGNCA Trust, which also was discontinued by resolution dated 31st March, 2008. At that time, a letter dated 13th February, 2009, was served upon the Respondent, terminating his services w.e.f. 18th February, 2009 and offering to redeploy him on a temporary basis, for stenographic service on a consolidated remuneration of Rs.2000/- per W.P.(C) 14789/2021 Page 1 of 3 Digitally Signed By:DHIRENDER KUMAR Signing Date:23.12.2021 11:40:45 month, w.e.f. 19th February, 2009 up to 31st December, 2009 or till further orders, subject to the requirement against any of the IGNCA projects. This offer was not accepted by the Respondent, which led to the present dispute between the parties.
4. Ld. counsel for the Petitioner submits that various objections were raised in respect of the Building Project Cell of the Petitioner by the Comptroller and Auditor General, which led to these steps being taken, including termination of various employees.
5. Ms. Meghna De, ld. Counsel for the Respondent, submits that a dispute concerning the dues of the Respondent was pending before the Conciliation Officer, during which period the Respondent was terminated, contrary to Section 33 of the Industrial Disputes Act, 1947. She also submits that the Respondent was not working in the Building Project Cell and had been transferred from the said position.
6. Issue notice. Ms. De, ld. Counsel for the Respondent accepts notice.
7. Let counter affidavit be filed within 4 weeks and rejoinder be filed before the next date of hearing.
8. According to Ms. De, ld. counsel, the differential remuneration is stated to be Rs.75 lakhs. However, according to the ld. Counsel for the Petitioner, the differential remuneration payable to the Petitioner as per the impugned award, comes to about Rs.9 lakhs. Accordingly, subject to deposit of Rs.4 lakhs with the Registrar General of this Court within a period of 4 weeks, the impugned award shall remain stayed. The said deposit shall be retained in an FDR, on auto-renewal mode. Let calculations concerning the differential amount be filed by both parties, along with the counter affidavit and rejoinder.
W.P.(C) 14789/2021 Page 2 of 3Digitally Signed By:DHIRENDER KUMAR Signing Date:23.12.2021 11:40:45
9. The connected W.P.(C) 4287/2019 relating to the same Respondent, is stated to be listed on 16th February, 2022. Accordingly, list this petition along with the said petition on 16th February, 2022.
10. Let the records of Industrial Dispute Case No.174/2017 titled Sh. Chander Mohan Sharma v. Indira Gandhi National Centre for Arts, be also requisitioned from the CGIT-cum-Labour Court-I, Delhi, for the next date of hearing.
PRATHIBA M. SINGH, J.
DECEMBER 21, 2021/Aman/MS W.P.(C) 14789/2021 Page 3 of 3