Delhi High Court - Orders
Sh. Hansraj And Ors vs Employees State Insurance Corporation ... on 7 October, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:11.10.2021 17:36:13
$~4 & 5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 705/2020 & CM APPL. 30064/2021
SH. HANSRAJ AND ORS. ..... Petitioners
Through: Mr. F.K. Jha, Advocate
versus
EMPLOYEES STATE INSURANCE CORPORATION
AND ORS. ..... Respondents
Through: Mr. Abhik, Advocate for ESIC
(M: 9891329382)
Mr. Nishant Kumar, Adv. for R-4.
Mr. Shashwat Singh Gaur, Advocate
for Respondent No.5
5 WITH
+ W.P.(C) 5691/2021, CM APPLs. 17784/2021 & CM APPL.
30065/2021
PRAVEEN KUMAR AND ORS. ..... Petitioners
Through: Mr. Upendra Pratap Singh & Mr.
Harsh Rawat, Advocates (M:
8744922595)
versus
EMPLOYEES STATE INSURANCE CORPORATION
AND ORS. ..... Respondents
Through: Mr. Abhik, Advocate for ESIC.
Mr. Nishant Kumar, Adv. for R-4.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 07.10.2021
1. This hearing has been done through hybrid mode. WP(C) 705/2020 & CM APPL. 30064/2021 WP(C) 5691/2021 & CM APPLs. 17784/2021 & 30065/2021
2. Further to the last order dated 12th August 2021, an email has been W.P.(C) 705/2020 & W.P.(C) 5691/2021 Page 1 of 3 Digitally Signed By:DEVANSHU JOSHI Signing Date:11.10.2021 17:36:13 placed on record on behalf of the ESIC, stating that a Committee has been constituted for suggesting a draft policy in respect of contractual employees. A report is stated to have been submitted by the said Committee, and the same is likely to be placed before the Standing Committee of the Corporation in December, 2021.
3. Mr. Abhik, ld. Counsel for ESIC, today, submits that he is willing to place the said report in a sealed cover before the Court. Let the same be filed, scanned and placed before the Court. It is made clear that no copies of the said report shall be supplied to either of the parties, until the same is perused by the Court.
4. The ESIC shall also place on record the contracts, which it has entered into with the new contractors who are currently providing the contractual workers. It shall also place on record the contracts which have previously been entered into with Respondent Nos. 3,4,5 & 6, including any sub-contracts therein.
5. At this stage, it is submitted by ld. Counsel for the Workmen that they have submitted their representations to the ESIC, however the ESIC has not considered the same. It is clear that the ESIC is, repeatedly, not complying with the orders that have been passed by this Court. Accordingly, as a last opportunity, the ESIC is directed to decide the representation of the Workmen within four weeks.
6. In so far as the individual grievances of any of the workmen is concerned, since some of the workmen have already approached the Conciliation Officer under the Industrial Disputes Act, 1947, the said workmen, who have not, may also approach the Conciliation Officer. If conciliation does not appear to be possible, the individual workmen are W.P.(C) 705/2020 & W.P.(C) 5691/2021 Page 2 of 3 Digitally Signed By:DEVANSHU JOSHI Signing Date:11.10.2021 17:36:13 permitted to file their respective claims before the CGIT, which is now stated to have resumed its functioning.
7. Further, last and final opportunity is given to the ESIC to file their counter affidavit, with four weeks, failing which, their right to file a counter affidavit shall be closed.
8. List on 8th December, 2021.
PRATHIBA M. SINGH, J.
OCTOBER 7, 2021 MW/AK W.P.(C) 705/2020 & W.P.(C) 5691/2021 Page 3 of 3