Delhi District Court
Mahavir vs . North Delhi Municipal Corporation on 26 August, 2022
51) LCA 1308/21
MAHAVIR Vs. North Delhi Municipal Corporation
26.08.2022
At 10:36 a.m.
Present: None for workman.
Shri Madan Sagar, proxy for Ms. Rajni along with Shri Amit,
Safai Karamchari, DEMS Department, Keshav Puram Zone, MCD
Copy of service book of Shri Mahavir with extra copy for applicant
has been filed without calculation chart of outstanding dues in tabulated
form.
It is submitted that bills of outstanding dues has been sent to
Accounts Department, Rohini Zone for vetting.
Concern for speedy remedy for enforcement of existing right of
individual employees was felt by Legislature leading to introduction of Section
33C of Industrial Disputes Act, 1947 inserted by Act 36 of 1956 (w.e.f.
10.03.1957) followed by addition of proviso to Section 33C(2) added by Act
46 of 1982 (w.e.f. 21.08.1984) requiring reasons to be recorded in writing
extending time period of disposal of application beyond three months.
It has been regularly impressed upon respondent that application
under Section 33C(2) of ID Act, 1947 has to be decided expeditiously and court is required to state reasons for extending the period beyond three months.
Present application filed in October, 2021 nevertheless is pending for more than three months but respondent/MCD is yet to rise from slumber despite repeated directions/notice.
Section 32 CPC providing penalty for default to be read with Section 11(3) (b) is reproduced below:
"32. Penalty for default - The court may compel the attendance of any person to whom a summons has been issued under Section 30 and for that purpose may -
Contd.../2 :2:
a) issue a warrant for his arrest;
b) attach and sell his property;
c) impose a fine upon him (nor exceeding five thousand rupees);
d) order him to furnish security for his appearance and in default commit him to the civil prison."
Reply/calculationchart duly verified by Accounts Department giving details of outstanding dues in tabulated form be filed with advance copy to workman/AR subject to fine Rs.1000/ to be deposited from the salary of Sanitation Superintendent, DEMS Department, Keshav Puram Zone.
Dasti copy of order be given to Shri Amit for compliance of direction to deposit fine on next date of hearing.
Matter is adjourned to 07.11.2022 for rejoinder, if any, and disposal of application.
(Tarun Yogesh) POLC08/RADC New Delhi/26.08.2022