Delhi High Court - Orders
Dda And Mcd Janvadi Karmchari Union ... vs Govt.Of N.C.T.Delhi, & Anr on 4 February, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~26.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6532/2020
DDA AND MCD JANVADI KARMCHARI UNION (REGD.5128)
..... Petitioner
Through: None.
versus
GOVT.OF N.C.T.DELHI, & ANR. ..... Respondent
Through: Mr. Satyakam, Advocate for NCT of
Delhi.
Mr. Manu Chaturvedi, Advocate for
EDMC.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 04.02.2021 CM APPL. 4289/2021 & CM APPL. 4290/2021 While CM APPL. 4289/2021 has been filed by the East Delhi Municipal Corporation (EDMC) to seek its impleadment in the writ petition, by way of CM APPL. 4290/2021 the EMDC is seeking directions, primarily, to the Safai Karamchari Unions to not accumulate garbage on the roads or cause obstruction in removal of garbage.
The primary issue in the present writ petition is regarding non- payment of salaries to the municipal employees of the three Municipal Corporations of Delhi.
Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:04.02.2021 20:46Learned standing counsel for EDMC, Mr. Chaturvedi states that in terms of the earlier orders passed in a batch of petitions including the present one, the salary up to the month of December, 2020 has already been paid to all the safai karamcharis and their salary for the month of January, 2021 would also be paid during the course of the day. He states that despite this position, the Safai Karamchari Unions of EDMC, namely MCD Swacchta Karamchaari Union (Regd.) and All Municipal Corporations Staff Union (Regd.) are resorting to agitation on the alleged ground of non-payment of arrears of salaries/ non-payment of salaries/ release of salaries. In this background, the applicant is seeking the following reliefs:
"(i) Allow the instant Application and direct the Unions to ensure that normal functioning of work as per allotted duties is resumed and, in the event of failure, face requisite administrative actions;
(ii) Direct the Unions to ensure that the strike of its members, inter alia being conducted by dumping garbage on public roads and streets and accumulating in large numbers on the periphery of the headquarters of the Applicant Corporation is terminated;
(iii) Pass a direction so that the day-to-day working of the other departments of the Applicant Corporation is not impeded;
(iv) Direct requisite law enforcement authorities to provide necessary assistance so that day-to-day operations of the Applicant Corporation can be run smoothly and no inconvenience is caused to the membe1s of the general public;
and"
Since Mr. Chaturvedi submits that the salary for the month of January, 2021 of the safari karamcharis would be released during the course of the day, we are of the view that the appropriate course of action for the applicant would be to initiate separate proceedings after making this payment of January, 2021 by duly impleading the said Karamchari Unions, Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:04.02.2021 20:46 as party respondents.
Keeping in view the circumstances disclosed in the application as noted hereinabove, the applicant is permitted to move an urgent petition in this regard and to mention the same for listing at the earliest.
These applications are disposed of in the aforesaid terms.
VIPIN SANGHI, J REKHA PALLI, J FEBRUARY 04, 2021 N.Khanna Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:04.02.2021 20:46