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Delhi High Court - Orders

All Municipal Corporations ... vs Nct Delhi & Ors on 5 February, 2021

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                                      $~36

                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +      W.P. (C) 1540/2021
                                             ALL MUNICIPAL CORPORATIONS SANITATIONS SUPERVISORS
                                             UNION                            ..... Petitioner
                                                      Through   Mr. Jivesh Kumar Tiwari, Advocate

                                                                  versus

                                             NCT DELHI & ORS.                                        ..... Respondents
                                                       Through             Mr. Divya Prakash Pande, Standing Counsel for
                                                                           Govt. of NCT of Delhi
                                                                           Mr. Dhanesh Relan, Standing Counsel with Mr.
                                                                           Arindam Dey, Advocate for SDMC and NDMC
                                                                           Mr. Rajan Tyagi, ASC with Mr. Umang Tyagi,
                                                                           Advocate for R-2/EDMC
                                             CORAM:
                                             HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                                ORDER

% 05.02.2021

1. The hearing was conducted through video conferencing.

2. By this petition, all the Municipal Corporation Sanitation Supervisor Unions seek constitution of a Redressal Committee for redressal of the grievances and consideration of the demands of the sanitation workers of the respondent-Corporations and further they seek a direction for constitution of a Grievance Cell with proper mechanism for redressal of demands and grievances of the workers.

3. Learned counsel appearing for the petitioner submits that the sanitation workers are conscious of the fact that because of their strike, residents of the city are suffering, though they are not the ones against whom the sanitation workers have any grievance.

Signature Not Verified Digitally Signed By:KUNAL MAGGU W.P.(C) 1540/2021 1

Signing Date:05.02.2021 21:39:23 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

4. Learned counsel submits that as a goodwill gesture, the Workers' Unions have decided to withdraw their strike and resume work so that steps can be taken for constitution of a Redressal Committee for redressal of their grievances.

5. This Court appreciates the gestures shown by the petitioner/ Workers' Unions.

6. Issue notice. Notice is accepted by learned counsel appearing for respondent no. 1-NCTD of Delhi, respondent no. 3 i.e. South Delhi Municipal Corporation and the North Delhi Municipal Corporations and respondent no. 2 - the East Delhi Municipal Corporation. Digital copy of the paper book be furnished to learned counsel for respondent no. 1.

7. Learned counsel appearing for the Municipal Corporations make a suggestion that till the time a formal redressal mechanism is put into place, to begin the dialogue of discussion, Deputy Labour Commissioner (South District), Ministry of Labour, Govt. of NCT of Delhi be appointed as a Nodal Officer to initiate the dialogue with the Sanitation workers Unions and also coordinate with the various Municipal Corporations.

8. This suggestion is acceptable to learned counsel for the petitioner.

9. Accordingly, Deputy Labour Commissioner (South District), Ministry of Labour, Govt. of NCT of Delhi is appointed as the nodal officer to initiate the dialogue of discussion with the Sanitation Workers Unions in the various Municipal Corporations and also to coordinate between them and the Municipal Corporations.

10. Deputy Labour Commissioner (South District) shall initially have a meeting with one authorized representative from each of the nine Unions Signature Not Verified Digitally Signed By:KUNAL MAGGU W.P.(C) 1540/2021 2 Signing Date:05.02.2021 21:39:23 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

which comprise the Petitioner Union. Thereafter, the Deputy Labour Commissioner (South District) shall communicate with the officers of the concerned Municipal Corporations.

11. The officers of all the Municipal Corporation are directed to cooperate with the Deputy Labour Commissioner (South District)

12. The first meeting between the Deputy Labour Commissioner (South District) and the representatives of the Petitioner Unions shall preferably be held within four working days from today in his office.

13. The date, time and venue of the meeting shall be communicated to the petitioner through their counsel Mr. Jivesh Kumar Tiwari, Advocate, at the e-mail address: [email protected] and Mobile No. 9811612855 / 8810594539.

14. Mr. Tiwari, learned counsel appearing for the petitioner submits that the sanitation workers shall resume their work from tomorrow itself.

15. Status report be filed within two weeks. List on 25.02.2021.

16. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.

SANJEEV SACHDEVA, J FEBRUARY 5, 2021 'rs' Signature Not Verified Digitally Signed By:KUNAL MAGGU W.P.(C) 1540/2021 3 Signing Date:05.02.2021 21:39:23 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.