Delhi High Court - Orders
The General Manager, Ashok Hotel, (Unit ... vs Brij Mohan And 17 Ors, Through Ashok ... on 23 August, 2022
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11850/2022
THE GENERAL MANAGER, ASHOK HOTEL, (UNIT OF ITDC)
..... Petitioner
Through: Mr.Anish Chawla and Mr.Neeraj
Kumar, advocates
versus
BRIJ MOHAN AND 17 ORS, THROUGH ASHOK HOTEL
MAZDOOR JANTA UNION ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 23.08.2022 CM APPL. 35337/2022 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.
W.P.(C) 11850/2022 & CM APPL. 35336/2022 The present writ petition has been filed challenging the award dated 05.10.2021 passed by learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court-II, New Delhi in I.D.No.83 of 2017 titled Sh.Brij Mohan vs. The General Manager, Ashok Hotel.
Learned tribunal in the impugned order has inter alia held that the claimants, who are the members of respondent union, have been working with petitioner since 2005 and there is an employer-employee relationship between the petitioner and the claimants and thus, the claimants are entitled Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:26.08.2022 15:45:00 to be regularised. It has further been directed to the petitioner to frame a scheme of regularisation for the claimants/workmen against the permanent posts according to their eligibility, experience and expertise and grant them equal pay-scale as that of the permanent employees. Learned counsel for the petitioner has submitted that in fact, the workmen are not the employees of the petitioner and have been employed by the independent contractor. It has been submitted that this matter is pending sub-judice in LPA No.199 of 2013. It has been submitted that the issue of framing of policy for regularisation as well as regularisation itself of such employees is sub- judice. Learned counsel submits that the learned tribunal has not quantified the amount and has simply directed to pay the arrears of their salary after regularisation within one month of the said regularisation, failing which the amount accrued in respect of the individual workmen shall be paid with interest @ 9% per annum from the date of publication of the award till actual payment is made. Learned counsel submits that till date, the petitioner establishment has not quantified the amount. Let the amount be quantified.
Issue notice to the respondent through all permissible modes, returnable for 28.11.2022.
The operation of the impugned order only to the extent of regularisation of service is stayed, till the next date of hearing.
DINESH KUMAR SHARMA, J AUGUST 23, 2022 rb Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:26.08.2022 15:45:00