Delhi High Court - Orders
Delhi Parshashan Vikas Vibhag ... vs Chief Electoral Officer Government Of ... on 27 August, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:30.08.2021
18:37:57
$~9 to 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8904/2021 & CM APPLs. 27668-69/2021
DELHI PARSHASHAN VIKAS VIBHAG INDUSTRIAL
EMPLOYEES UNION THROUGH: GENERAL
SECRETARY ..... Petitioner
Through: Mr. Sanjay Ghose, Sr. Advocate, Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Naman Jain, Ms. L. Gangmei and Mr.
Nawlendu Bhushan, Advocates.
versus
CHIEF ELECTORAL OFFICER GOVERNMENT OF NCT OF
DELHI & ANR. ..... Respondents
Through: Mr. Naushad Ahmed Khan, ASC with
Mr. Zahid and Ms. Manisha Chauhan,
Advocates for GNCTD.
Mr. Anjum Javed, ASC with Mr.
Devendra Kumar, Adv. for GNCTD.
(M:8744880124)
Mr. Anurag Ahluwalia, CGSC for R-
2.
Mr. Sushil K. Pandey, Sr. Panel
Counsel for R-2. (M:9873588234)
10 WITH
+ W.P.(C) 8906/2021& CM APPLs. 27670-71/2021
DELHI PARSHASHAN VIKAS VIBHAG INDUSTRIAL
EMPLOYEES UNION THROUGH: GENERAL
SECRETARY ..... Petitioner
Through: Mr. Sanjay Ghose, Sr. Advocate, Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Naman Jain, Ms. L. Gangmei and Mr.
Nawlendu Bhushan, Advocates.
versus
CHIEF ELECTORAL OFFICER GOVERNMENT OF NCT OF
DELHI & ANR. ..... Respondents
Through: Mr. Naushad Ahmed Khan, ASC with
W.P.(C) 8904/2021 plus other connected matters Page 1 of 5
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:30.08.2021
18:37:57
Mr. Zahid and Ms. Manisha Chauhan,
Advocates for GNCTD.
Mr. Anurag Ahluwalia, CGSC for R-
2.
Mr. Sushil K. Pandey, Sr. Panel
Counsel for Respondent No.2.
11 WITH
+ W.P.(C) 8909/2021& CM APPLs. 27676-77/2021
DELHI PARSHASHAN VIKAS VIBHAG INDUSTRIAL
EMPLOYEES UNION THROUGH: GENERAL
SECRETARY ..... Petitioner
Through: Mr. Sanjay Ghose, Sr. Advocate, Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Naman Jain, Ms. L. Gangmei and Mr.
Nawlendu Bhushan, Advocates.
versus
CHIEF ELECTORAL OFFICER GOVERNMENT OF NCT OF
DELHI & ANR. ..... Respondents
Through: Mr. Naushad Ahmed Khan, ASC with
Mr. Zahid and Ms. Manisha Chauhan,
Advocates for GNCTD.
Mr. Anjum Javed, ASC with Mr.
Devendra Kumar, Adv. for GNCTD.
Mr. Anurag Ahluwalia, CGSC for R-
2.
Mr. Sushil K. Pandey, Sr. Panel
Counsel for Respondent No.2.
12 AND
+ W.P.(C) 9181/2021 & CM APPLs. 28587-88/2021
DELHI PARSHASHAN VIKAS VIBHAG INDUSTRIAL
EMPLOYEES UNION THROUGH: GENERAL
SECRETARY ..... Petitioner
Through: Mr. Sanjay Ghose, Sr. Advocate, Mr.
Rajiv Agarwal, Ms. Meghna De, Mr.
Naman Jain, Ms. L. Gangmei and Mr.
Nawlendu Bhushan, Advocates.
versus
CHIEF ELECTORAL OFFICER GOVERNMENT OF NCT OF
W.P.(C) 8904/2021 plus other connected matters Page 2 of 5
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:30.08.2021
18:37:57
DELHI & ANR. ..... Respondents
Through: Mr. Naushad Ahmed Khan, ASC with
Mr. Zahid and Ms. Manisha Chauhan,
Advs. for GNCTD.
Mr. Rishikesh Kumar, Advocate.
Mr. Sushil K. Pandey, Sr. Panel
Counsel for Respondent No.2.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 27.08.2021
1. This hearing has been done through video conferencing.
2. The present petitions have been filed by Petitioners who are Data Entry Operators (hereinafter, "DEOs") working with the Respondent No. 1- Chief Electoral Officer. The Petitioners were engaged by the Respondent no.1 directly on contractual basis.
3. The grievance of the Petitioners in these petitions is that they have been employed and have rendered their services for varying periods of time, within the range of 4 to 12 years. Earlier this year, there was an apprehension of the said DEOs that their services were likely to be terminated and they were going to be replaced by outsourced personnel, and hence they filed claims before the appropriate authority under the Industrial Disputes Act, 1947 (hereinafter, "ID Act"), seeking regularisation, as also relief under Section 33 of the ID Act, that service conditions ought not to be changed during the pendency of the proceedings. It is not in dispute that the Regional Labour Commissioner is currently conducting conciliation proceedings. It is also not in dispute that orders have been passed by the Assistant Labour Commissioner, on 22nd June, 2021, 17th August, 2021, 28th June, 2021 and 24th August 2021 respectively, directing the Respondent W.P.(C) 8904/2021 plus other connected matters Page 3 of 5 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:30.08.2021 18:37:57 No.1 in each of these petitions to comply with Section 33 of the ID Act.
4. The apprehension of the Petitioners in all these petitions is that in spite of the said order, Respondent No. 1 is exploring the option of hiring DEOs through a contractor, and through the GeM portal, which may result in termination of the services of the Petitioners.
5. Vide order dated 25th August 2021 in WPs(C) 8904/2021, 8906/2021 and 8909/2021, the matters were adjourned to enable Mr. Anjum Javed and Mr. Naushad Ahmed Khan, ld. ASCs to take instructions in these matters.
6. Today, it is submitted by ld. Counsels appearing for the Respondents that since these Workmen were directly engaged on a contractual basis by the Respondents, it has been decided not to terminate or discontinue their services till March 2022. It is also submitted that the Respondents are likely to take a policy decision in respect of such DEOs shortly.
7. Accordingly, in view of the stand taken by the Respondents today that the services of the Petitioners - DEOs in all these matters would not be terminated till March 2022, and their service conditions would not be changed subject to satisfactory performance, no further orders are required to be passed in these matters. The statements made by ld. Counsel on behalf of their clients are taken on record and are accepted.
8. Further, considering the nature of the matters, the Regional Labour Commissioner shall take steps to expeditiously dispose of the conciliation proceedings pending. If the conciliation proceedings do not result in the amicable closure of the dispute, the claims of the Petitioners shall be proceeded with in accordance with law. Needless to add, if the claims are referred to the concerned authority under the ID Act, the same shall be adjudicated on or before 31st December 2021.
W.P.(C) 8904/2021 plus other connected matters Page 4 of 5 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:30.08.2021 18:37:579. It is made clear that this Court has not examined the merits and contentions of either of the parties.
10. With these observations, the petitions with all pending applications are disposed of. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH, J.
AUGUST 27, 2021 MR/AK W.P.(C) 8904/2021 plus other connected matters Page 5 of 5