Delhi High Court - Orders
Municipal Corporation Of Delhi vs Smt. Santra & Anr. Sh. Naresh & Anr. Sh. ... on 12 December, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~100 to 108, 110 to 119 & 121 to 124
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16901/2022 & CM APPL. 53570/2022 (stay)
+ W.P.(C) 16903/2022 & CM APPL. 53574/2022 (stay)
+ W.P.(C) 16904/2022 & CM APPL. 53580/2022 (stay)
+ W.P.(C) 16905/2022 & CM APPL. 53584/2022 (stay)
+ W.P.(C) 16906/2022 & CM APPL. 53589/2022 (stay)
+ W.P.(C) 16907/2022 & CM APPL. 53595/2022 (stay)
+ W.P.(C) 16908/2022 & CM APPL. 53598/2022 (stay)
+ W.P.(C) 16910/2022 & CM APPL. 53606/2022 (stay)
+ W.P.(C) 16912/2022 & CM APPL. 53612/2022 (stay)
+ W.P.(C) 16920/2022 & CM APPL. 53620/2022 (stay)
+ W.P.(C) 16932/2022 & CM APPL. 53663/2022 (stay)
+ W.P.(C) 16938/2022 & CM APPL. 53670/2022 (stay)
+ W.P.(C) 16945/2022 & CM APPL. 53683/2022 (stay)
+ W.P.(C) 16946/2022 & CM APPL. 53686/2022 (stay)
+ W.P.(C) 16948/2022 & CM APPL. 53691/2022 (stay)
+ W.P.(C) 16949/2022 & CM APPL. 53693/2022 (stay)
+ W.P.(C) 16950/2022 & CM APPL. 53695/2022 (stay)
+ W.P.(C) 16951/2022& CM APPL. 53697/2022 (stay)
+ W.P.(C) 16952/2022 & CM APPL. 53699/2022 (stay)
+ W.P.(C) 16954/2022 & CM APPL. 53732/2022 (stay)
+ W.P.(C) 16955/2022 & CM APPL. 53734/2022 (stay)
+ W.P.(C) 16956/2022 & CM APPL. 53736/2022 (stay)
+ W.P.(C) 16961/2022 & CM APPL. 53744/2022 (stay)
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr.Sanjeev Sagar with Ms.Nazia
Parveen, Advs.
versus
SMT. SANTRA & ANR.
SH. NARESH & ANR.
SH. NARESH & ANR.
SH. VINOD & ANR.
SMT. SARLA DEVI & ANR.
BHIM SINGH & ANR.
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:13.12.2022
15:21:39
SMT. RAJ BALA & ANR.
SMT. KARTARI & ANR.
SH. SHYAM SUNDER & ANR.
SMT. BEERO & ANR.
SH. MANGAL & ANR.
SH. KARAMVEER & ANR.
SMT. SHEELA & ANR.
SMT. ANGOORI & ANR.
SH. SHANKAR & ANR.
SH. RAJU & ANR.
SMT. LAXMI & ANR.
SH. JAGVIR & ANR.
SH. SUNDER & ANR.
SMT. MAYA & ANR.
SMT. ANITA & ANR.
SH. MONU & ANR.
SMT SUSHILA & ANR. ..... Respondents
Through: Mr.Sanjoy Ghose, Sr.Adv. with
Mr.R.K.Pandit, Mr.V.Sharma, Mr.Mayur
Srivastava, Advs in all the matters.
Mr.Shashi Pratap Singh, Adv for R-2 in item
no.100.
Mr.Puneet Khurana, Adv for R-2 in item nos.101
& 102.
Ms.Avni Singh, Adv for R-2 in item no.104.
Mr.Bharat Gupta, Adv for R-2 in item no.107.
Mr.A.K.Tripathi with Mr.Neeraj Gupta, Advs in
item no.109.
Mr.Shiven Varma, Adv for R-2 in item no.113.
Mr.Ripin Sood, Adv for R-2 in item no.115.
Mr.Karwar Udai Bhan Singh, Adv for R-2 in item
no.118.
Mr.Raghvendra Upadhyay with Mr.Purnima Jain,
Advs for R-2 in item no.122.
Mr.Anubhav Gupta with Mr.Varun Garg, Advs for
R-2 in item no.123.
CORAM:
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:13.12.2022
15:21:39
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 12.12.2022 CM APPL. 53571/2022, CM APPL. 53575/2022, CM APPL. 53581/2022, CM APPL. 53585/2022, CM APPL. 53590/2022, CM APPL. 53596/2022, CM APPL. 53599/2022, CM APPL. 53607/2022, CM APPL. 53613/2022, CM APPL. 53621/2022, CM APPL. 53664/2022, CM APPL. 53671/2022, CM APPL. 53684/2022, CM APPL. 53687/2022, CM APPL. 53692/2022, CM APPL. 53694/2022, CM APPL. 53696/2022, CM APPL. 53698/2022, CM APPL. 53700/2022, CM APPL. 53733/2022, CM APPL. 53735/2022, CM APPL. 53737/2022 & CM APPL. 53745/2022
1. Exemptions allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 16901/2022 & CM APPL. 53570/2022 (stay), W.P.(C) 16903/2022 & CM APPL. 53574/2022 (stay), W.P.(C) 16904/2022 & CM APPL. 53580/2022 (stay), W.P.(C) 16905/2022 & CM APPL. 53584/2022 (stay), W.P.(C) 16906/2022 & CM APPL. 53589/2022 (stay), W.P.(C) 16907/2022 & CM APPL. 53595/2022 (stay), W.P.(C) 16908/2022 & CM APPL. 53598/2022 (stay), W.P.(C) 16910/2022 & CM APPL. 53606/2022 (stay), W.P.(C) 16912/2022 & CM APPL. 53612/2022 (stay), W.P.(C) 16920/2022 & CM APPL. 53620/2022 (stay), W.P.(C) 16932/2022 & CM APPL. 53663/2022 (stay), W.P.(C) 16938/2022 & CM APPL. 53670/2022 (stay), W.P.(C) 16945/2022 & CM APPL. 53683/2022 (stay), W.P.(C) 16946/2022 & CM APPL. 53686/2022 (stay), W.P.(C) 16948/2022 & CM APPL. 53691/2022 (stay), W.P.(C) 16949/2022 & CM APPL. 53693/2022 (stay), W.P.(C) 16950/2022 & CM APPL. 53695/2022 (stay), W.P.(C) 16951/2022& CM APPL. 53697/2022 (stay), W.P.(C) 16952/2022 & CM APPL. 53699/2022 (stay), W.P.(C) 16954/2022 & CM APPL. 53732/2022 (stay), W.P.(C) 16955/2022 & CM APPL. 53734/2022 (stay), W.P.(C) 16956/2022 & CM APPL. 53736/2022 (stay) & W.P.(C) 16961/2022 & CM APPL. 53744/2022 (stay) Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.12.2022 15:21:39
3. The present petitions have been preferred by the Municipal Corporation of Delhi seeking to assail identical recovery certificates issued in favour of the respondents/workmen on 22.08.2022.Vide the impugned certificates, the petitioner has been directed to pay the amount, along with 8% interest, as claimed by the respondents/workmen in their application seeking compliance of the order passed under Section 33(C)(2) of the Industrial Disputes Act.
4. The primary contention of the learned counsel for the petitioner is that though the petitioner, while entering into a settlement with the respondents, which formed the basis of the passing of the award in their favour, had agreed to pay the amount towards the arrears of the 7th CPC, Regularisation and MACP along with interest from the date of the award, vide the impugned recovery certificates, the learned Deputy Labour Commissioner has without any basis, accepted the unilateral calculations furnished by the respondents and has directed the petitioner to pay the amounts as claimed by them with interest @ 8% w.e.f., 29.01.2014.
5. On the other hand, learned senior counsel for the respondents, who appears on advance notice submits that once the petitioner did not furnish it's calculations in respect of the amounts payable to the respondents towards the arrears of 7th CPC, Regularisation and MACP, the learned Deputy Labour Commissioner was justified in accepting the calculations furnished by the respondents.
6. He further submits that the award specifically records that interest will be payable from the date of accrual which would imply that the date Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.12.2022 15:21:39 on which the right of the workmen to receive the dues accrued in their favour. He, therefore, contends that the learned Deputy Labour Commissioner was justified in issuing the impugned recovery certificates.
7. After some arguments, learned senior counsel for the respondents submits on instructions that since the impugned recovery certificates have been issued for amounts as claimed by the respondents without any verification thereof being done, he has no objection if the impugned certificates are set aside and the matters are remanded back to the learned Deputy Labour Commissioner for determination of the amount payable to the respondents under the aforesaid three heads as also the date from which interest would be payable.
8. In the light of the aforesaid stand taken by the respondents, the impugned recovery certificates are set aside and the matters are accordingly remanded back to the learned Deputy Labour Commissioner, Central District to determine the amount payable to the respondents towards the arrears of 7th CPC, Regularisation and MACP along with the question of the date from which interest thereon would be payable. Fresh recovery certificates in accordance with law will thereafter be issued after dealing with the rival submissions of the parties not only on the quantum of the amount payable to the respondents as per the settlement, but also on the aspect of interest.
9. The petitioner is granted 6 weeks' time to submit it's calculations to the learned Deputy labour Commissioner. It is made clear that in case, the petitioner, despite opportunity, fails to furnish its calculations, it Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.12.2022 15:21:39 will be open for the learned Deputy Labour Commissioner to accept the calculations of the respondents.
10.Since it transpires that the petitioners do not in fact dispute that at least some amount is payable to the respondents, while remanding the matter back to the learned Deputy Labour Commissioner, it is deemed appropriate to direct the petitioner to release the admitted amount as noted in the award with interest from the date of the award within 45 days. However in case, the amount towards these claims already stands deposited by the petitioner, the learned Deputy Labour Commissioner will forthwith release, in favour of the workmen, the admitted amounts in terms of award with interest @6% per annum from the date of the award.
11.The writ petition, alongwith pending applications, is disposed of in the aforesaid terms with a further direction to the petitioner to pay litigation expenses of Rs.5,000/- to each of the respondents/workmen within the same period of 45 days.
REKHA PALLI, J DECEMBER 12, 2022 sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.12.2022 15:21:39