Delhi High Court - Orders
North Delhi Municipal Corporation vs Surender Kumar on 24 November, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:26.11.2021 13:08:39
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 535/2020 & CM APPLs. 31264/2020 & 37415/2021
NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms. Garima Jindal, Advocate for Ms.
Namrata Mukim, Standing Counsel
versus
SURENDER KUMAR ..... Respondent
Through: Mr. Jawahar Raja, Ms. L. Gangmei &
Ms. Varsha Sharma, Advocates. (M:
90133792514)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.11.2021
1. This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court. CM APPL. 37415/2021 (for delay)
2. This is an application for condonation of delay in filing rejoinder. For the reasons stated in the application, the delay is condoned and the rejoinder is taken on record. Accordingly, this application is disposed of. CM APPL. 31264/2020 (u/S 17B of Industrial Disputes Act)
3. No reply has been filed by the Petitioner-Corporation, to the application filed by the Respondent-Workman under Section 17B of the Industrial Disputes Act, 1947 (hereinafter "ID Act"). However, the Corporation relies upon the documents filed with the rejoinder to oppose this application under Section 17B. The rejoinder relies upon the report of the Assistant Sanitary Inspector of Hindu Rao Hospital along with photographs attached therein, which reads as under:
"Sir, May, June, July, 2021 being Covid Pandemic and Hospital being Covid area today on Digitally Signed By:DEVANSHU JOSHI Signing Date:26.11.2021 13:08:39 09.08.2021 ASI Sh. Vikash Kaushik was sent to survey the above said employee. Ex-employee Surender S/o Ramkumar was found at above address who lives in a house comprising approximately 12x12 feet room, one kitchen, toilet and bathroom. The employee lives with his wife, four children of adolescent to adult age and his old mother. The employee has been running a small shop in which the items like toffee, churan, biscuits and namkeen etc for children were put, for earning his livelihood. The house was found in dilapidated condition and the people of vicinity told that Ex-employee is in debt. Surender S/o Ramkumar todl that he could not attend his duty because of death of his father due to Tuberculosis and paralysis attack to his child.
Report is submitted for information."
4. A perusal of this report with the photographs, in fact shows that the Workman is not fully and gainfully employed but is only running his own small shop from his residence to earn his livelihood. This would prima facie, not constitute alternative employment under Section 17B of the ID Act. Moreover, the report also states that the Workman is in debt.
5. Mr. Jawahar Raja, ld. Counsel for the Workman, submits that his client is willing to join back the services of the Corporation. Ld. counsel for the Corporation to seek instructions in respect thereof.
6. Ld. counsel appearing on behalf of the Corporation, prays for a short adjournment on account of the main counsel, Ms. Namrata Mukim, being unwell today.
7. Let a responsible official of the Corporation and the Workman appear before the Court on the next date of hearing.
8. This application under Section 17B being CM APPL. 31264/2020, is Digitally Signed By:DEVANSHU JOSHI Signing Date:26.11.2021 13:08:39 heard in part.
9. List for further hearing, on 6th December, 2021.
PRATHIBA M. SINGH, J NOVEMBER 24, 2021 Rahul/MS