General Manager, Cms, Ongc Hospital & ... vs Govind Singh Bisht on 12 December, 2022

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Delhi High Court - Orders

General Manager, Cms, Ongc Hospital & ... vs Govind Singh Bisht on 12 December, 2022

Bench: Prathiba M. Singh

                          $~26
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                         W.P.(C) 8597/2019
                                 GENERAL MANAGER, CMS, ONGC HOSPITAL
                                 & ANR                                ..... Petitioners
                                             Through: Mr. Varun K. Chopra, Adv. With
                                                      Mehul Sharma, Advocates.
                                             versus

                                 GOVIND SINGH BISHT                               ..... Respondent
                                              Through:           Mr. Ankur Yadav & Mr. Shashank
                                                                 Shekhar, Advocates (M:8130360002)

                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                                    ORDER

% 12.12.2022

1. This hearing has been done through hybrid mode. CM APPL. 13560/2022(for clarification) in W.P.(C)-8597/2019

2. The present application was filed for clarification of order dated 27th January, 2022. Vide the said order the matter had been remanded to the CGIT for final hearing.

3. Ld. Counsel for the Petitioner submits that the clarification would no longer be required inasmuch as the final order has already been passed on 3rd November, 2022.

4. Ld. Counsel for the Respondent submits that the order dated 27th January, 2022 which had directed that the workers would have to be paid in terms of the office order (30/2021) dated 16th August, 2021 after deducting payments already has not been complied with by ONGC.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 8597/2019 Page 1 of 3 Signing Date:13.12.2022 19:18:31

5. Extract of the order dated 27th January 2022, reads as under:

"11. In the meantime, since the Employer's own case is that the Workers would have to be paid in terms of the Office Order (30/2021) dated 16th August, 2021, the payments to the Workers, after deducting the payments already made, shall be made by the Employer in terms of the interim order of the CGIT dated 29th November, 2018, on the basis of the Office Orders applicable during the relevant period, till further orders of the CGIT. It is made clear that the outstanding dues of the Workers till date, shall be paid within six weeks from now, with effect from the date of the interim order passed by the CGIT, i.e., 29th November, 2018;. All such payments shall be subject to the outcome of the final adjudication by the CGIT, in respect of the claims of the Workers."

6. The final order in the award by the CGIT on 3rd November, 2022 reads as under:

"The reference be and the same is answered in favour of the claimants as per the list enclosed. The claim advanced for regularization of their service and conferment of permanent status as employees of ONGC is held justified. It is directed that the claimants as per the list enclosed with this award shall be treated as permanent employees of ONGC w. e. f. the date they completed one year of service from the date of their respective initial appointments and shall be paid the pay and other service benefits at par with the permanent and regular Para medics appointed by ONGC, from that date. The pay of the claimants shall be revised and the arrear pay and other financial benefits as admissible and had accrued shall be paid to them within two months from the date of publication of this award without interest failing which the amount payable to the individual claimant shall carry interest Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 8597/2019 Page 2 of 3 Signing Date:13.12.2022 19:18:31 @ 6% per annum from the date of accrual and till the final payment is made. The management is directed to pay Rs 50,000/- to each of the claimants towards litigation expenses within the time stipulated above failing which the said amount shall carry interest @6% from the date of publication of the award and till the payment is made. Send a copy of this award to the appropriate government for notification as required under section 17 of the ID act 1947. "

7. Thus, the ONGC is bound to comply with the order dated 27th January 2022 read with the final award passed by the CGIT. The award passed by the CGIT is taken on record.

8. With these observations, the application is disposed of.

PRATHIBA M. SINGH, J DECEMBER 12, 2022 dj/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 8597/2019 Page 3 of 3 Signing Date:13.12.2022 19:18:31

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Delhi High Court - Orders