Delhi District Court
Sh. Satya Prakash vs East Delhi Municipal Corporation on 1 March, 2017
IN THE COURT OF SHRI S.S.MALHOTRA
ADDITIONAL DISTRICT & SESSIONS JUDGE
PRESIDING OFFICER : LABOUR COURTXIX
KARKARDOOMA COURTS : DELHI
LCA No. 1047/16
Sh. Satya Prakash
S/o Late Sh. Braham Prakash
C/o Municipal Employees Union
Aggarwal Bhawan, G.T. Road
Tis Hazari, Delhi110054. ............Workman
Versus
East Delhi Municipal Corporation
through its Commissioner (East)
Udyog Sadan, 2nd floor,
Plot No.419, Patparganj Industrial Area,
Delhi. `........Management
Date of institution of the case: 08.12.2016
Date of passing the Order : 01.03.2017
O R D E R
Vide this order, I shall dispose off the present LCA
filed by the workman U/s 33C(2) of I.D. Act against the
management.
2. It is, inter alia, stated that the workman is a regular
employee with the management and at present he is working as
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Asstt. Malaria Inspector at Public Health Department & Malaria
Department, Shahdara South Zone, Delhi. It is further submitted
that the petitioner was getting a 'Patient Care Allowance' (PCA)
which was initially paid to him @ Rs.690/ per month vide order
dated 23.05.2013, which was enhanced from Rs. 690/ to Rs.
1380/ per month with retrospective effect i.e. w.e.f. 28.02.2009.
Thereafter, it was further enhanced vide office order dated
19.05.2014from Rs. 1380/ to Rs. 1725/ per month w.e.f. 01.01.2011 and at present the applicant is getting the said PCA @ Rs. 1725/ per month.
It is further submitted that NDMC has issued an office order dated 13.10.2014 and as per the same, the said PCA for such employees of NDMC has been further increased by 25% w.e.f. 01.01.2014 in terms of recommendation of 6th Pay Commission and since EDMC is at par with NDMC, EDMC/management is also supposed to increase the said PCA by 25% w.e.f. 01.01.2014 but the said benefit has not been extended to the applicant till date. It is further submitted that all the three MCD i.e. NDMC, EDMC and SDMC works on the same guidelines and all are bound by the recommendation of various Pay Commissions issued by the Govt. from time to time. It is further submitted that the PCA be increased from Rs. 1725/ to Rs. 2070/ w.e.f. 01.01.2014 i.e. at par with the employees of Page 2/7 NDMC. It is prayed that he is also entitled to the arrears for the period 01.01.2014 to 31.07.2016 which comes to Rs. 10,695/ with interest. It is further prayed that the management be also directed to pay enhanced rate of PCA in future as per law.
3. Management has not filed WS. A large number of cases are filed in this court from time to time which are pending. However, Sh. N.R. Dass, MHO, EDMC had appeared before the court on 03.02.17 and informed the court that the department is seriously considering the request of enhancing of PCA of all such employees at par with NDMC and proposal is under consideration of the Govt. which for one reason or the other is getting delayed. It is also informed that although he cannot make any formal statement in the court, yet he has been given to understand by the higher ups that the proposal of giving PCA to this category of employees, who are employed in Health Department of EDMC is under consideration.
4. The court has enquired from Mr. N.R. Dass, MHO, EDMC that if the matter can be disposed on the basis of such understanding, to which it is informed that in all probabilities, it would be implemented but in case the court passes a formal order, it would be expedited. The details of PCA at parity given by the management are stated as follows :
Page 3/7 Rs. 690/ pm w.e.f. 27.06.2006 MCD
Rs. 1380/ pm w.e.f. 28.02.2009 MCD/NDMC
Rs. 1725/ pm w.e.f. 01.01.2011 EDMC
Rs. 2070/ pm w.e.f. 01.01.2014 EDMC
5. Subsequently, an office order dated 07.02.2007 has been filed on record by the management, inter alia, stating as follows :
i) ......
ii) ......
iii) ......
iv) ......
v) Hence PCA is again enhanced 25% w.e.f. 01.01.2014 i.e. @ Rs. 2070/ per month for C & D Category staff of Epidemiology & Public Health Division of EDMC on 07.02.2017, C & D (Non ministerial staff) of Anti Malaria operation and Public Health Department EDMC The order of Govt. of India, Ministry of Health of family welfare order No. Z.28015/41/98 H(III) dated 02.01.1999, patient care allowance will be admissible to C & D (Non ministerial staff) of Anti Malaria operation and Public Health Department, Epidemiology Staff, EDMC in following guidelines : "2. This is subject to the condition that no night duty allowance and risk allowance, if sanctioned by the central Page 4/7 government will be admissible to these employees."
6. I have perused the record.
Law U/s 33C(2) is well settled. Section 33C(2) of the Act reads as under: "Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government within a period not exceeding three months:
provided that where the presiding officer of a Labour Court considers it necessary or expedient so it do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit."
7. In Municipal Corporation of Delhi Vs. Ganesh Razak and another JT 1994(7) SC 476, relied upon by the Ld. AR for the management, it was observed that "this decision itself indicates that the power of the Labour court U/S 33C(2) of the Act extends to the interpretation of Award or settlement on which the workman's right rests like the executing Page 5/7 Courts power to interpret the decree for the purpose of execution where the basis of the claim is referable to the award or settlement, but it does not extend to determination of dispute of entitlement or the basis of the claim if there be no prior adjudication or recognition of the same by the employer."
8. In MD Oswal Hosiery (Regd) Vs. DD Gupta 1994 LLR 487 (Delhi), it was held that "once there is an admission of existing right of the workman by the employer in regard to the benefit which the former is entitled to and receive from the latter, section 33C(2) of the Act would come into play."
9. Applying this law to the facts of the present case and keeping in view of the understanding given to the court and also keeping in view the notification issued by the MCD/NDMC (as it was then) i.e. before tri furcation, this court is of the opinion that apart from the calculation, nothing has to be adjudicated upon by this court and the matter squarely falls within the ambit of provisions U/s 33C(2) of I.D. Act. The court is also of the opinion that this right is pre existing right in favour of the workman and against the management and being all tri Page 6/7 furcated units of management, SDMC, NDMC and EDMC are duty bound to pay the enhanced PCA to the claimant in compliance of the recommendation of 6th Pay Commission.
10. Keeping in view the understanding given to the court, the court is of the opinion that the matter can be disposed of. Accordingly, management is directed to pay the enhanced PCA as per the recommendation of 6th Pay Commission to the claimant and keep on paying the same as per law. It is further ordered that if the management makes payment of this amount within a period of one month, no interest shall be levied on this amount and if the payment is made after one month then, management shall also pay interest @ 6 % p.a. on full amount till realization.
The claim of the workman is accordingly disposed of. File be consigned to Record Room.
ANNOUNCED IN OPEN COURT
ON 1st March, 2017 (S.S. MALHOTRA)
Addl. District & Sessions Judge
Presiding Officer Labour CourtXIX
Karkardooma Courts, Delhi
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