Delhi High Court - Orders
The Management Of Airport Authority Of ... vs Sh. Kuldeep Singh on 7 July, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:08.07.2021
11:13:10
$~3 to 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11563/2019
THE MANAGEMENT OF AIRPORT AUTHORITY
OF INDIA ..... Petitioner
Through: Mr. Vaibhav Kalra and Mr. Varun
Kalra, Advocates.
versus
SH. KULDEEP SINGH ..... Respondent
Through: Mr. Jawahar Raja, Mr. Rajiv
Agarwal, Ms. Meghna De and Mr.
Archit Krishna, Advocates.
With
+ W.P.(C) 11566/2019
THE MANAGEMENT OF AIRPORT AUTHORITY
OF INDIA ..... Petitioner
Through: Mr. Vaibhav Kalra and Mr. Varun
Kalra, Advocates.
versus
SH. MANOJ KUMAR ..... Respondent
Through: Mr. Jawahar Raja, Mr. Rajiv
Agarwal, Ms. Meghna De and Mr.
Archit Krishna, Advocates.
With
+ W.P.(C) 5056/2020
THE MANAGEMENT OF AIRPORTS AUTHORITY
OF INDIA ..... Petitioner
Through: Mr. Vaibhav Kalra and Mr. Varun
Kalra, Advocates.
versus
MANOJ KUMAR & ANR. ..... Respondents
Through: Mr. Jawahar Raja, Mr. Rajiv
Agarwal, Ms. Meghna De and Mr.
Archit Krishna, Advocates.
With
W.P.(C) 11563/2019 & Connected matters Page 1 of 5
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:08.07.2021
11:13:10
+ W.P.(C) 411/2021
MANOJ KUMAR ..... Petitioner
Through: Mr. Jawahar Raja, Mr. Rajiv
Agarwal, Ms. Meghna De and Mr.
Archit Krishna, Advocates.
versus
THE MANAGEMENT OF AIRPORT AUTHORITY OF INDIA
THROUGH: ITS CHAIRMAN ..... Respondent
Through: Mr. Vaibhav Kalra and Mr. Varun
Kalra, Advocates.
And
+ W.P.(C) 569/2021
SHRI KULDEEP SINGH ..... Petitioner
Through: Mr. Jawahar Raja, Mr. Rajiv
Agarwal, Ms. Meghna De and Mr.
Archit Krishna, Advocates.
versus
THE MANAGEMENT OF AIRPORT AUTHORITY OF INDIA
THROUGH: ITS CHAIRMAN ..... Respondent
Through: Mr. Vaibhav Kalra and Mr. Varun
Kalra, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 07.07.2021
1. This hearing has been done through video conferencing. CM APPL. 21056/2020 in W.P.(C) 11563/2019 CM APPL. 21058/2020 in W.P.(C) 11566/2019
2. Both these applications have been filed by the Respondents in the abovementioned petitions, under Section 17B of the Industrial Disputes Act, 1947.
3. The case of the Respondents is that vide the impugned award dated 8th May, 2019, the Respondents were directed to be reinstated with 60% back W.P.(C) 11563/2019 & Connected matters Page 2 of 5 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.07.2021 11:13:10 wages and all consequential benefits. Litigation expenses of Rs. 10,000/- were also provided to the Respondents. In the present applications, there is an assertion that the Respondents are presently unemployed, however, the Respondents were earlier working as drivers with the Petitioner, and the last drawn wages was Rs. 7,800/-.
4. Accordingly, it is prayed that the full wages that were last drawn, or the maintenance allowance as per the Minimum Wages Act,1948, whichever is higher, be granted w.e.f. 1st October 2019 in W.P.(C) 11566/2020 and w.e.f. July 2020 in W.P.(C) 11563/2020.
5. The submissions of Mr. Jawahar Raja, ld. counsel appearing for the Respondents, is that the assertion that the Respondents are unemployed is in itself sufficient, and it is not necessary for the Respondents to give any further details as to the source of livelihood, number of children, whether their spouse is employed or not, etc. Reliance is placed upon the judgment of the ld. Division Bench of this court in Shri Iklash Hussain v. Delhi Transport Corporation, 2006 (92) DRJ 749, to argue that the provision of Section 17B needs to be fully given effect to, and the last drawn wages would be liable to be paid during the pendency of the writ petitions.
6. On the other hand, Mr. Vaibhav Kalra, ld. counsel appearing for the Management of the Airport Authority of India (hereinafter, "AAI") submits that insofar as the 17B applications are concerned, there has been a delay in the Respondents' filing the same. He submits that notice was issued in these petitions in November 2019 and the Respondents have filed these applications belatedly in August 2020. Accordingly, he submits that the relief qua the applications under section 17B of the Industrial Disputes Act, 1947, are liable to be granted only w.e.f. August 2020.
W.P.(C) 11563/2019 & Connected matters Page 3 of 5 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.07.2021 11:13:107. Heard ld. counsels for the parties.
8. Considering the fact that the writ petitions were filed in 2019, and the applications under section 17B of the Industrial Disputes Act, 1947, came to be filed only after the matter was listed for final hearing, at this stage, this Court directs that w.e.f. August, 2020, the Petitioner-AAI shall pay the Respondents the last drawn wages or the minimum wages, inclusive of any maintenance allowance admissible to them under any Rules, as per the Minimum Wages Act, whichever is higher. Insofar as the period prior to August 2020 is concerned, orders in respect thereof shall be passed at the time of final disposal.
9. The payments calculated w.e.f. August 2020 till date, shall be made in two equal installments. The first installment shall be cleared by 15 th August 2021 and the second installment shall be cleared by 15th September 2021. Going forward, until the disposal of the writ petitions, the monthly payments shall be made on or before the 10th of every month.
10. The bank account details of the Respondents shall be given by ld. counsel for the Respondents to ld. counsel for AAI, within five working days.
11. With these observations both the applications are disposed of.
CM APPL. 18249/2020 in W.P.(C) 5056/2020
12. This is an application to place on record additional documents. No reply has been filed till date. Last and final opportunity is given to file the reply within one week. Rejoinder, thereto, if any, be filed within one week, thereafter.
13. List on 5th August 2021.
W.P.(C) 11563/2019 & Connected matters Page 4 of 5 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.07.2021 11:13:10W.P.(C) 11563/2019 W.P.(C) 11566/2019 W.P.(C) 5056/2020 W.P.(C) 411/2021 W.P.(C) 569/2021
14. These are part-heard matters. Mr. Vaibhav Kalra, ld. counsel for the AAI, has made his submissions in part. If any judgments are to be relied upon by ld. counsels, let the same be filed, sent to the court and be brought on record before the next date of hearing.
15. List for further hearing on 5th August, 2021.
PRATHIBA M. SINGH, J.
JULY 7, 2021 dj/mr/ak W.P.(C) 11563/2019 & Connected matters Page 5 of 5