Delhi High Court - Orders
North Delhi Municipal Corporation vs Om Prakash And Anr on 22 November, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:23.11.2021 18:19:03
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11500/2019
NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms. Namrata Mukim, Standing
Counsel
versus
OM PRAKASH AND ANR. ..... Respondents
Through: Mr. Ajit Kumar Kalia, Advocate
(M: 9811184628 & email-
[email protected]).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.11.2021
1. This hearing has been done in physical Court. Hybrid mode is permitted only in cases where permission is being sought from the Court.
2. The present writ petition has been filed challenging the Recovery Certificate dated 19th September 2019, issued by the Deputy Labour Commissioner, GNCTD, in favour of the Workman. Vide order dated 3rd February 2021, due to a dispute having been raised as to the amount quantified in the recovery certificate by Ms. Mukim, ld. Counsel for the Petitioner, notice was issued to the Respondent. In the meantime, the admitted amount of Rs. 1,69,218/- was directed to be remitted to the Workman, and a compliance affidavit in respect thereof was directed to be filed.
3. The compliance affidavit in terms of the order dated 25 th March, 2021 has been filed.
4. Mr. Ajit Kumar Kalia, ld. Counsel for the Respondent- Workman submits that the amounts, in terms of the recovery certificate dated 19th W.P.(C) 11500/2019 Page 1 of 3 Digitally Signed By:DEVANSHU JOSHI Signing Date:23.11.2021 18:19:03 September, 2019, have already been received by the Workman in 2019 itself. He submits that accordingly, the present writ petition is infructuous.
5. This fact appears to have not been brought to the notice of this court while passing the order dated 25th March, 2021, as the counsel for the workman was not present on the said date.
6. Ms. Namrata Mukim, ld. Counsel for the Petitioner submits that this matter is similar to the other matter in W.P.(C) 5054/2020 in which, the order dated 7th August 2020 was passed by this Court. Mr. Kalia disputes this and submits that each employee's case has to be dealt with separately.
7. Heard ld. Counsels for the parties.
8. The submissions made on behalf of the parties show clearly that while the Petitioner- Corporation claims that the amount payable is only Rs.1,69,218/, the Workman claims that the entire amount of Rs. 4,01,624/- as per the recovery certificate has already been received.
9. Vide order dated 3rd February, 2021, it was directed by the ld. Single Judge, that the Corporation would remit the admitted amount of Rs.1,69,218/-. The Corporation now claims to have paid the Workman. This payment is however disputed by the Workman.
10. Be that as it may, since the stand of the Workman is that the entire amount in terms of the recovery certificate of Rs. 4,01,624/- already stands paid, it appears that there is some serious miscommunication between the parties. The issue raised by the Corporation is only in respect of the calculation of the amount.
11. Accordingly, it is directed that for the purpose of calculating the amount payable, and to adjust the amounts that have already been paid, the parties shall appear before the Deputy Labour Commissioner, Central W.P.(C) 11500/2019 Page 2 of 3 Digitally Signed By:DEVANSHU JOSHI Signing Date:23.11.2021 18:19:03 District, Employment Exchange Building, Pusa Campus, New Delhi.
12. The Corporation may move an application before the said Deputy Labour Commissioner for seeking modification of the recovery certificate, or for pointing out any calculation error. After proper calculations are done, adjustments shall be given qua the amounts that have already been paid. Upon calculation, if any further amounts are due to be paid to the Workman, the same shall be paid by the Corporation, and if any amounts are liable to be refunded by the Workman, the same shall be refunded by the Workman.
13. It is made clear that if any amounts which are due and payable including the amount of Rs.1,69,218/- which is stated to be paid pursuant to orders of this Court on 3rd February, 2021, have been paid extra, the same shall be refunded by the Workman, or recovered by the Corporation, in accordance with law.
14. Parties to appear before the Labour Commissioner on 15th December, 2021 at 11:00 p.m. The details of the Workman (M:9583436192) and his ld. Counsel are mentioned above.
15. The present petition is disposed of in the above terms. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
NOVEMBER 22, 2021 Aman/Rahul/AK W.P.(C) 11500/2019 Page 3 of 3