Delhi District Court
Workmen vs North Delhi Municipal Corporation on 1 May, 2015
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IN THE COURT OF SH. B.S. CHUMBAK : PRESIDING OFFICER LABOUR COURT
NO. XVI: KARKARDOOMA COURTS : DELHI
ID No. 156/14
Workmen
Nagar Nigam Karamchari Sangh Delhi Pradesh (Regd.)
Through its General Secretary
P2/624, Sultanpuri, Delhi
......Workman
VERSUS
North Delhi Municipal Corporation,
Through its Commissioner,
Civic Centre, Minto Road, Delhi .....Management
Date of Institution :11.08.2014
Judgment reserved:01.05.2015
Date of decision :01.05.2015
Reference no. F.24(79)/14/Lab./CD/430 dated 28.07.2014
AWARD
1.On considering the report submitted by the Conciliation Officer u/s 12(4) of the Industrial Dispute Act 1947 and on having been satisfied regarding existence of an Industrial Dispute between the workman and management, Deputy Commissioner, Labour Government of NCT of Delhi in exercise of power conferred by Section 10(1) ( c) and 12(5) of the Industrial Dispute Act 1947 (hereinafter referred to as Act) by virtue of the labour department notification no.24(79)/14/Lab./CD/430 dated 28.07.2014 2 referred the present dispute to this labour court for adjudication with the following terms of reference :
"Whether the workmen of the North DMC working as Safai Karamcharis on daily wages basis with the management are entitled to minimum rates of wages and variable Dearness allowance as per the notification of the Ministry of Labour & Employment Govt. of India issued vide No. S.O. 925 (E) dated 24.04.2008, if so, to what relief are they entitled and what directions are necessary in this respect?"
2. Notices of the reference were served upon both the parties. Statement of claim and written statement were filed.
3. In the statement of claim it is submitted that North Delhi Municipal Corporation (management herein) has been paying salaries to the safai karamcharies posted in the different offices of the management at the minimum wages notified by the Government of Delhi for a unskilled workman and also revised the same from time to time under the said act while ignoring the special nature of work and its consequential risk. It is further averred that the organization working for the welfare of the safai karamchari raised this issue regarding the special nature of work and also demanded special wages for safai karamachari considering the nature of work and its risk. Said matter was raised before the national commission of safai karamchari and the commission recommended the special wages on the basis of their nature of work and risk. It is further averred that the Government had accepted the recommendation of the commission and a notification was issued by the Government of India through Ministry of Labour 3 and Empowerment, which was published in the gazette of India in extra ordinary PartII Section 3 (2) dated 07.08.2008 and vide this notification the Government announced the minimum wages to the safai karamcharies @ 180/ per day plus V.D.A. The said notification was made effected w.e.f 1.4.2008 vide notification bearing no. SO925(E) dated 24.04.2008 and after the said notification all the daily wager safai karamchari who are working with the management and its predecessor (MCD) are become eligible to get wages at the rate mentioned in the aforesaid notification. Inspite of repeated visits by the safai karamchari or the office bearer of the union the management has not paid the wages accordance with the notification dated 24.04.2008. The matte was also raised before the conciliation officer but the matter is not settled due to non cooperative attitude of the management and hence the matter was referred to this court vide reference no. 24(79)/14/Lab./CD/430 dated 28.07.2014 with the terms of reference mentioned in para no.1 and requested for seeking direction in favour of the workman to the management to pay the wages as per notification of Ministry of Labour Government of India dated 24.04.2008 which is made effective w.e.f 01.04.2008 onwards.
4. Pursuant to the service of notice the management appeared, filed its written statement and took many preliminary objections such as no demand notice was ever served upon the management prior to raising the present dispute, terms of reference have been made mechanically by the then Ld. Deputy Labour Commissioner, no list of alleged effected workman/employees is filed and the secretary of the union also not filed any circular/document as mentioned in the statement of claim, however, in reply to para no. 8 on merit it is submitted that 4 the notification dated 24.04.2008 as alleged is a matter of record and the North DMC always implemented the Government notification to its employees those are working as safai karamcharies and in the present claim neither the list of alleged effected persons have been filed nor any detail of the safai karamcharies who have not received the wages as per notification is filed and requested for dismissal of the claim petition.
5. Rejoinder on behalf of workman to the written statement filed by management is also filed controverting therein all the allegations as alleged in the written statement and reaffirm the contents of the statement of claim as true and correct, thereafter case was fixed for settlement of issues.
6. After hearing arguments and on the basis of contentions from both the sides following issues were framed by this court vide order dated 09.01.2015:
"Whether the workmen of the North DMC working as Safai Karamcharis on daily wages basis with the management are entitled to minimum rates of wages and variable Dearness allowance as per the notification of the Ministry of Labour & Employment Govt. of India issued vide No. S.O. 925 (E) dated 24.04.2008, if so, to what relief are they entitled and what directions are necessary in this respect?"
7. No other issue was arises or pressed, therefore, case was fixed for workman evidence.
8. In support of their case Sh. R.K. Pandit, Secretary of the registered trade union 5 examined himself as WW1 and filed his affidavit Ex. WW1/A stating therein all the facts which were stated by him in the statement of claim. He also relied upon the documents Ex.WW1/1 to Ex.WW1/12. Ex.WW1/1 is certificate of registration of trade union bearing no. 4701 dated 15.09.1998, Ex. WW1/2 is the Constitution of the registered trade union, Ex. WW1/3 is the annual return of the registered trade union, Ex. WW1/4 is the copy of representation with regard to the demand of claim, Ex. WW1/5 is the postal receipt, Ex. WW1/6 is the gazette notification dated 07.08.2008, ExWW1/7 is the copy of representation of the union to the management dated 28.09.2012, Ex.WW1/8 is the postal receipt, Ex. WW1/9 is the copy of resolution, Ex. WW1/10 is the copy of espousal, Ex. WW1/11 is the copy of demand notice and Ex. WW1/12 is the postal receipt.
9. During his cross examination by AR for management he deposed that as per the Constitution of the Union, General Secretary is competent to raise a dispute on behalf of workman/member of union. He also admitted that CCS rules are not applicable to the daily wager safai karamcharies. He also admitted that he has not filed the copy of the complaints of about 35,000 employees on the ground that they made a complaint orally. He also admitted that he had not filed any document showing thereby that the workman raised demands before the union but denied the suggestion that the union has not made a representation to the management before filing the present claim. He also admitted that in the resolution Ex.WW1/9 the day and month is not mentioned. He also denied the suggestion that the management making the payment to the safai karamcharies on the basis of notification dated 24.04.2008. Rest of his testimony is reiterated by him as submitted by him during examination in chief. 6
10. Ms. Amarjeet Kaur, Assistant Commissioner, Labour, North Delhi Municipal Corporation appeared as WW2 and produced the revised rate of daily wagers w.e.f. February 2008 to 28th July 2014 which are Ex. WW2/1 to WW2/10 respectively. She also admitted that safai karamcharies are covered within the category of unskilled workers for the purpose of minimum wages. Thereafter, workman evidence was closed and case was fixed for management evidence.
11. Sh. Mahavir Singh, Assitant Commissioner, DEMS (HQ) appeared as MW1 and filed his affidavit Ex. MW1/A. He also relied upon the documents Ex. MW1/1 to MW1/12. Ex. MW1/1 to MW1/11 are the tables showing the rate of daily wager employees of unskilled workers w.e.f the month of February 2008 to October 2013 and Ex. MW1/12 is the gazette notification. He further deposed that the management is also in possession of a notification by virtue of which dirt allowance was given to the regular safai karamcharies.
12. During his cross examination he admitted that nature of work of safai karamcharies are to clean the garbage and to clean the drains etc. therefore, the management is paying dirt allowance to all regular safai karamcharies but same is not payable to the daily wager safai karamcharies. He also admitted that all the circulars of the government pertains to the daily wagers are generally adopted by the Municipal corporation of Delhi. He also admitted that the management is bound by the directions given in the document Ex. MW1/12. Rest of his testimony is reiterated by him as submitted by him during examination in chief, thereafter, management evidence was closed and case was fixed for final arguments.
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13. I have heard the arguments on behalf of Ld.AR on behalf of both the parties.
14. AR for management submitted that the present claim is not maintainable on the following grounds :
i) The General Secretary of the Trade Union being not the concerned employee is not having locus standi to file the present claim.
ii) No demand notice was served upon the management before raising the impugned claim.
Iii) The name of the employees who have not received the benefit inspite of making representation in the office of management are not disclosed.
iv) This court has no jurisdiction to issue directions to the management in general.
v) It is not in dispute that the management is not bound by the averments mentioned in the circulars/notification issued by Government of India/NCT of Delhi. It is also not denied that the notification dated 24.04.2008 as alleged has not been implemented by the management and requested for dismissal of the claim petition.
15. On the other hand Ld. AR on behalf of workman submitted that the notification dated 24.04.2008 is not fully implemented by the management inspite of repeated representation made by the individual workman as well as by the office bearer of the registered trade union. It is further submitted that by virtue of the provisions of constitution of the association the general secretary is competent to raise any general claim, in welfare of the members of the union and the present case is lawfully filed by the general secretary on behalf of the employees 8 admittedly employed with the management. The copy of the registration certificate of the Union and of the constitution is already placed on record which is Ex. WW1/1. It is further submitted that as per provisions of item (2) of schedule 2 the court is competent to adjudicate the matter relating to the application and interpretation of standing orders and submitted that secretary of the association has the locus standi to file the present claim on behalf of all the members of the registered trade union/employees working with the management having same nature of dispute and this court is competent to adjudicate the claim by virtue of II schedule of Industrial Dispute Act and requested for rejection of the contention of Ld. AR for the management.
16. After hearing arguments and on the basis of evidence adduced by both the parties my findings on the issues are as follows :
ISSUE NO.1 "Whether the workmen of the North DMC working as Safai Karamcharis on daily wages basis with the management are entitled to minimum rates of wages and variable Dearness allowance as per the notification of the Ministry of Labour & Employment Govt. of India issued vide No. S.O. 925 (E) dated 24.04.2008, if so, to what relief are they entitled and what directions are necessary in this respect?"
17. After hearing arguments, I carefully perused the averments mentioned in the notification dated 07.08.2008 wherein it is mentioned as under :
"Whereas the proposals to fix the minimum rates of wages per day payable to the employees engaged in the scheduled employment of 9 "Employment of Sweeping and Cleaning excluding activities prohibited under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993", was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (ii), as required by clause (b) of sub section (1) of section 5 of the Minimum Wages Act, 1948 (11 of 1948), vide notification of the Government of India in the Ministry of Labour and Employment S.O. 925 (E) dated the 24th April, 2008 for information of and inviting objections and suggestions from all persons likely to be affected thereby, till the expiry of the period of two months, from the date on which copies of Gazette notification were made available to the public;
And, whereas, no objections or suggestions have been received on the said proposals by the Central Government.
Now, therefore, in exercise of the powers conferred by clause (a) of sub section (1) of Section 3 read with clause (i) of sub section (1) of Section 4 and sub section (2) of section 5 of the said Act, the Central Government after consulting the Advisory Board, hereby fixes the minimum rates of wages payable to the employees employed in this scheduled employment.
The minimum rates of wages, which will be effective from the date of this notification shall consist of
(a) basic rates of wages as set out in column (2) of Part I of the Schedule annexed herewith and payable to the employees working in areas 10 mentioned in column (1) thereof, and
(b) a special allowance, hereinafter referred to as Variable Dearness Allowance, part II of the said Schedule shall be adjusted by the Chief Labour Commissioner (Central) at an interval of six months commencing on the Ist October and 1st April on the basis of average Consumer Price Index Number for Industrial Workers for the each preceding period of six months ending on 30th June and 31st December every year respectively, at the rate mentioned in column (2) of Part II of the Schedule.
SCHEDULE
Part I - Basic rates of minimum wages
Area Daily wages
(1) (2)
A Rs.180.00/
B Rs.150.00/
C Rs.120.00/
PartII Rate of Special Allowance
Rate of Variable Dearness allowance for every point rise or fall on Consumer Price Index Number (Base 2001=100) beyond 133 for Industrial Workers which is six months average upto 31st December, 2007.
Area Variable Dearness
Allowance
(1) (2)
A Rs.1.35 Paise
B Rs.1.13 Paise
C 90 Paise
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Explanation : For the purpose of this notification
1. Area 'A' and Area 'B' as indicated in Annexure to this notification shall respectively comprise all the places as specified in the said annexure as such areas, and include all places within a distance of fifteen kilometers from the periphery of a Municipal Corporation of Municipality or Cantonment Board or Notified Area Committee or a particular place and Area 'C' shall comprise of all the other places not mentioned in the Annexure and to which the Minimum Wages Act, 1948 extends. The places added or upgraded from time to time by the Ministry of Finance for the purpose of payment of House Rent Allowance to Central Government employees shall be taken to be added from the date of such addition or up gradation for the purposes of classification specified in Annexure to this draft proposal.
2. Where the existing rates of wages of any employee, based on contract or agreement or otherwise, are higher than the rates notified herein, the higher rates shall be protected and treated as minimum rates of wages, applicable for the purpose of this notification to such employee.
3. The Minimum rates of wages include also the wages for weekly day of rest.
4. The minimum rates of wages are applicable to employees employed by contractors also.
5. The minimum rates of wages for disabled persons shall be same as payable to the workers of appropriate category.
6. The men and women employees shall get the same rates of wages for the same work or work of 12 similar nature.
7. The minimum rates of wages and Variable Dearness Allowance both constitute the minimum rates of wages to be enforceable under the Minimum Wages Act, 1948 (11 of 1948).
However it is not denied that the management falls within the Area "A"
18. Matter relating to the application and interpretation of both these order is well within the jurisdiction of Labour Court as provided under Schedule II of the Industrial Dispute Act, hence the plea taken by the management is devoid of met and hence declined.
19. I also perused the aims and object of the registered trade union mentioned in its constitution and also relied upon the provisions of section 15 Chapter (III) of Trade Union Act 1926 which deals with the rights and liabilities of the registered trade union wherein it is provided that the general funds of registered trade union shall not be spent on any other objects then the following namely :
a) xxxx
b) xxxx
c ) The prosecution or defence of any legal proceedings to which the Trade
Union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs.
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d) the conduct of trade disputes on behalf of the Trade Union or any member thereof.
e to k) xxxxx
20. In view of the contention on behalf of both the parties and also on perusal of the aims and objects of the union as mentioned in the constitution and the provisions of Trade Union Act discussed above, I am of the considered view that the secretary of the trade union is competent to raise general demand on behalf of members of the union having same nature of dispute/same cause of action even without disclosing the name of individual workman, therefore, the contention of Ld. AR on behalf of management is not tenable in law hence declined.
21. On the main issue between both the parties, I carefully perused the testimony of WW1 and MW1 wherein it is admitted by MW1 that the notification dated 24.04.2008 which is Ex. MW1/12 is in possession of the management and are applicable to the daily wager safai karamcharies of the North Delhi Municipal Corporation, thereby the testimony of WW1 is corroborated by MW1 who is the Assistance Commissioner Labour appeared on behalf of management. MW1 also corroborated the fact that NDMC used to implement the Government notification regarding minimum wages payable to the daily wager employees. He also admitted that the management never refused to implement the impugned notification in case the employees raises demand in the concerned office of management. In such circumstances, I am of the view that nothing remains to be adjudicated by this court. It is however ordered that the management shall implement the notification dated 24.04.2008 and to ensure to make the payment 14 of all the dues arising out of said notification within a period of two months of publication of award in terms of the averments mentioned in the above mentioned notification. It is further clarified that on the event of making representations by the employee in the office of the management and in case his representation is not disposed off on merit within the period of two months from the date of his making representation, the said employee shall become entitled for interest @ 9% p.a w.e.f the date on which his dues are become payable till its realization.
22. Reference is answered accordingly. Copy of the award be also sent to the appropriate Government for publication as per law. File be consigned to Record Room after necessary compliance by Ahlmad.
Announced in the Open Court (B.S. CHUMBAK)
on 1 May 2015 Additional District & Session Judge
st
Presiding Officer Labour Court XVI
Karkardooma Courts : Delhi