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Management Of Samrat Hotel And Anr vs All India Itdc Mazdoor Jant Union And ... on 31 August, 2021

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                             Digitally Signed By:DINESH
                                                             SINGH NAYAL
                                                             Signing Date:01.09.2021 15:38:31


$~22
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                     W.P.(C) 13297/2019
       MANAGEMENT OF SAMRAT HOTEL AND ANR..... Petitioners
                      Through: Ms. Sumitra Choudhary, Advocate.
                      versus
       ALL INDIA ITDC MAZDOOR JANT
       UNION AND ORS.                            ..... Respondents:
                      Through: Mr. A.P. Dhamija, Mr. J.P. Singh and
                                 Ms. Tanya Sharma, Advocates.
                                 (M:9818025538)
       CORAM:
       JUSTICE PRATHIBA M. SINGH
                ORDER

% 31.08.2021

1. This hearing has been done through video conferencing. CM APPL.28788/2021 (for release of amount deposited before Executing Court)

2. This is an application moved by the Respondent Nos.2-6/Workmen (hereinafter "Workmen") seeking release of the amount deposited before the Court of ADJ-01, Patiala House, New Delhi (hereinafter "Executing Court") in Execution Petition being Ex. 653/2019 titled S.K. Gaur v. CMD ITDC, in terms of order dated 5th February, 2020 in this writ petition.

3. The present writ petition has been filed challenging the impugned Award dated 18th March, 2019 by which the Petitioner/Management of Samrat Hotel ("hereinafter referred as Management") was directed to regularize the Workmen with effect from 6th September, 2013. The operative portion of the impugned Award is set out herein below:

"16- Having regard to the above, this Tribunal is of the considered opinion that action of the Management in not regularizing the workman W.P.(C) 13297/2019 Page 1 of 7 Digitally Signed By:DINESH SINGH NAYAL Signing Date:01.09.2021 15:38:31 Shri Ravinder Kumar Yadav despite rendering service for more than 20 years, continuously is unjustified and unwarranted. The workmen /claimants are entitled to be regularized to the post of their respective cadre.

17- Now the question arises for consideration is as to from which date the workmen/claimants are entitled to be given benefit of regularization. As per para 15 of the statement of claim, a demand/legal letter dated 10/11/2011 was sent to the Management for their regularization and copy of the same has been placed on record as Ex.WW1/3. It is pertinent to mention here that on the controversy between the parties, the reference to this Tribunal was made by the Appropriate Government vide letter dated 6/9/2013 and by that time the claimants/workmen even after their re- engagement had completed more than two years' service. In these circumstances, this Tribunal is of the considered view that the workmen/claimants are entitled to get benefit of regularization in the regular pay-scale existing to their respective post/s. w.e.f. 6/9/2013 with all consequential benefits viz. annual increment and other prevalent benefits/facilities like HRA, Dearness allowance etc. Relief:-

In view of my aforesaid findings, the Management is directed to regularize the workman/claimant w.e.f. 6/9/2013 in the regular pay-scale of their respective posts/cadre, with all consequential benefits and arrears of the same be also paid to him. The Award is passed accordingly.

Let a copy of this Award be sent to the appropriate Government for publication as required under Section 17 of the Act."

Digitally Signed By:DINESH SINGH NAYAL Signing Date:01.09.2021 15:38:31

4. The Management did not challenge the said impugned Award dated 18th March, 2019. Thereafter, the Workmen moved the Executing Court for implementation of the said Award. Initially, on 13th November, 2019, the warrants of attachment were issued in respect of movable properties of the Judgment Debtor. Thereafter, on 5th December, 2019, the Management appeared and submitted that the Management is in the process of filing a writ petition. Accordingly, fresh warrants of attachment were issued by the Executing Court.

5. The present writ petition was then listed before this Court on 17th December, 2019, on which date, the Court recorded the submission of ld. Senior Counsel for the Management that the amount payable to the Workmen, in terms of the impugned award, has already been deposited with the Executing Court. Thus, further time was sought to seek instructions as to whether the matter can be amicably resolved. Thereafter, vide order dated 5th February, 2020, it was recorded that the amount has already been deposited and only the computation of the amount is pending before the Executing Court. The Court directed as under:

"This petition impugns the award dated 18.03.2019 passed by the learned Central Government Industrial Tribunal cum Labour Court in I.D. No.125/2013, directing the petitioner to regularise the workmen/claimants with effect from 06.09.2013 in the regular pay scale of their respective cadres with all consequential benefits and arrears of the same. According to the learned Senior Advocate for the petitioners, recovery proceedings for only an amount of Rs.8,00,000/- would be payable However, the same is disputed by the W.P.(C) 13297/2019 Page 3 of 7 Digitally Signed By:DINESH SINGH NAYAL Signing Date:01.09.2021 15:38:31 workmen/claimants, who today, are being represented by Mr. Rajiv Agarwal, Advocate, at request of the Court.

The learned counsel for the respondents submits, upon instructions, that the proceedings for computation of the amount are pending before the learned Civil Court and the final amount is yet to be worked out.

In the circumstances, since the petitioners have already deposited an admitted amount of Rs.8,00,000/-, let the same be released to the workmen-claimants in terms of the Award, which shall be divided equally among the five claimants i.e. respondent nos. 2 to 6. Further proceedings would be subject to the arrears being calculated by the learned Civil Court.

The learned counsel for the parties submit that they shall assist the learned Civil Court in arriving at a computation, preferably by 31.03.2020.

List for further proceedings on 19.05.2020. Litigation expenses of Rs.40,000/- shall be paid to the workmen-claimants within a period of two weeks from today.

A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master."

6. Thereafter, vide order 2nd February, 2021, a submission was again made on behalf of the Management that Rs.8 lakhs has already been released in equal measure to the five Workmen. The said submission is recorded and is extracted below:

"3. Furthermore, Mr. Sikri says that not only have the petitioners deposited Rs.8 lacs with the executing court but also litigation expenses to the W.P.(C) 13297/2019 Page 4 of 7 Digitally Signed By:DINESH SINGH NAYAL Signing Date:01.09.2021 15:38:31 tune of Rs.40,000/- have been paid to the workmen.

4. Mr. Sikri says that, as directed by this court, Rs.8 lacs have already been released in equal measure to the five workmen involved in the matter i.e. respondent nos.2 to 6.

5. I am informed by Mr. Sikri that the matter is listed before the executing court on 05.02.2021"

7. Mr. Dhamija, ld. Counsel appearing for the Workmen submits that the above submission is not correct and is inaccurate. He submits that the amount was deposited before the Executing Court but was never released, and on the strength of the submission made on behalf of the Management, that the amount has been released, the High Court had, on 2nd February 2021, directed the Executing Court to stand over the matter beyond the date fixed before the High Court. In effect, therefore, the execution proceedings were to be adjourned and the Executing Court was not to proceed further. The Workmen brought these facts to the notice of the Executing Court by way of an application. However, the Court adjourned the matter on 30th July, 2021 to 10th December, 2021. Under these circumstances, Mr. Dhamija, ld. Counsel for Workmen prays that the amount be released in equal measure to the five Workmen.

8. Ms. Sumitra Choudhary, ld. Counsel appearing for the Management, submits that the submission made by ld. Senior Counsel who had appeared on behalf of the Management, on her instructions, was an inadvertent error committed by the Management. She submits that though the amount of Rs.8 lakhs was deposited before the Executing Court, the same was not released as was submitted on 2nd February, 2021. She apologizes for the inadvertent W.P.(C) 13297/2019 Page 5 of 7 Digitally Signed By:DINESH SINGH NAYAL Signing Date:01.09.2021 15:38:31 error that has been caused.

9. From the submissions made, it is clear that there was some misunderstanding or error which may have led to the submission that amounts have already been released. There is no dispute that the amount of Rs. 8 lakhs already stands deposited. Since there is already an order directing the release of the amounts to the Workmen, which was passed on 5th February, 2020, accordingly, the following directions are issued.

(1) The Executing Court shall now proceed in respect of release of the deposited amount to the five Workmen in equal measure. The Management shall place the computation of amount and shall give a copy of the same to Mr. Dhamija, ld. Counsel for the Workmen.

The computation of amount be given on or before 15th September, 2021.

(2) After perusing the computation, the Executing Court shall specify the exact amounts to be released in respect of each of the Workmen.

(3) It is recorded that the payment of these amounts to the Workmen shall be subject to the outcome of the present writ petition, which is to be heard on merits. Thus, the release of these amounts would not in any way result in any prejudice to the Management. Further no equities would accrue in favour of the workmen, due to the release of amounts.

(4) If the Management succeeds finally, at that stage, any directions that may be issued by the Court shall be complied with by the Workmen.

10. With these observations, the present application is disposed of.

Digitally Signed By:DINESH SINGH NAYAL Signing Date:01.09.2021 15:38:31 W.P.(C) 13297/2019

11. The parties to appear before the Executing Court on 4 th October, 2021.

12. List before this Court for final hearing on 10th December, 2021.

PRATHIBA M. SINGH, J.

AUGUST 31, 2021/dk/Ad W.P.(C) 13297/2019 Page 7 of 7