Government Of Nct Of Delhi vs Shri Naresh Kumar
2009 Latest Caselaw 2653 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                  W.P.(C) No. 1609/2003

%                  Date of Decision: 16 July, 2009

# GOVERNMENT OF NCT OF DELHI
                                                     ..... PETITIONER
!                  Through: Mr. Sunil Bagai, Advocate.

                                VERSUS

$ SHRI NARESH KUMAR                                 ....RESPONDENT

^                  Through: Mr. Varun Prasad, Advocate.

CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL

1.    Whether reporters of Local paper may be allowed to see
      the judgment? YES
2.    To be referred to the reporter or not? YES
3.    Whether the judgment should be reported in the
      Digest? YES

S.N.AGGARWAL, J (ORAL)
WP(C) No. 1609/2003

*

This writ petition filed by the Government of NCT of Delhi

(petitioner herein) is directed against two awards, one dated 13.05.2002

and the other dated 19.05.2002 passed by the Presiding Officer Industrial

Tribunal-III, Delhi directing reinstatement and regularization of the

workman (respondent herein) on the post of Safai Karmachari w.e.f. the

date of his initial appointment and to pay him back wages with other

consequential benefits.

2. The respondent was appointed as part time Sweeper by the

Superintending Engineer (P&A) III, PWD, NCT of Delhi vide office order

dated 17.07.1991 at page 35 of the Paper Book. The office order dated

17.07.1991 which contains terms and conditions of his appointment is

extracted below:

"The Superintending Surveyor of Works-I, PWD (D.A.) New Delhi is pleased to accord sanction to appoint Sh. Naresh Kumar S/o Sh. Prem, C-I, New Sema Puri, Shahdara Delhi as part-time Sweeper @ Rs. 525/- (Rs. Five hundred twenty five only) per month from 9-7-1991 on-wards for sweeping the office premises of SSW Unit at 12th and 13th floor, of M.S.O. Building.

This wages are subject to the conditions that:-

1. He will clean all office rooms and gallaries and swet cloth daily.

2. He will make Pocha on the floor in the Room of SSW. Daily and one room of any S.W. Or office Supdt. alongwith adjoining room of the said officers room once in a week.

3. He will not be paid wages for the days his absence on working days of office.

4. The services of Sh. Naresh Kumar shall be terminated at any time without given any notice. "The expenditure involved will be charged to 2059 office contingencies""

3. The petitioner after his appointment as part time Sweeper vide

office order dated 17.07.1991 extracted above, continued to work in PWD

under the superintending control of Government of NCT of Delhi till the

time he raised an industrial dispute (ID No. 103/1999) for regularization

of his services on the post of Sweeper in the pay scale of Rs. 750-940.

This industrial dispute raised by the petitioner was referred by the

appropriate Government for adjudication to the Labour Court. While this

dispute in ID No. 103/1999 was pending, the PWD dispensed with the

services of the respondent w.e.f. 14.02.2000. Approval of the Labour

Court as required under Section 33(2)(b) of the Industrial Disputes Act

was not obtained and this is the admitted position.

4. The respondent aggrieved by termination of his services w.e.f.

14.02.2000 raised another industrial dispute relating to his termination

by filing a complaint before the Labour Court and the said dispute was

registered as Complaint Case No. 28/2000.

5. The Industrial Tribunal, vide impugned awards dated 13.05.2002 /

19.05.2002, took a view that since the management did not took the

approval of the Labour Court as required under Section 33(2)(b), the

termination of the respondent was unjustified and he is deemed to have

continued in the employment of the management. The Tribunal below

also directed regularization and reinstatement of the respondent with

benefit of back wages with other consequential benefits.

6. Arguments on this petition have been heard. In the course of

arguments, counsel for both the parties have agreed for passing of a

consent order in the following terms:-

(i) Mr. Varun Prasad, learned counsel appearing on behalf of the workman/respondent, on instructions from his client, has agreed that the respondent shall not press for his regularization or for the pay scale admissible to the regularly appointed Safai Karamcharis.

(ii) The petitioner has agreed to reinstate the respondent as part time Safai Karamchari on same terms and conditions as contained in office order dated 17.07.1991 extracted above.

(iii)The Court has been informed that pursuant to orders passed by this Court under Section 17-B, the respondent was permitted to join duties with the petitioner without prejudice to the rights and contentions of the parties in the petition and pursuant to said permission, the respondent had resumed duties with the petitioner as part time Safai Karamchari w.e.f. 04.10.2007. Since the respondent has already joined duties with the petitioner w.e.f 04.10.2007, he shall continue to work as part time Safai Karamchari with the petitioner on the same terms and conditions as are contained in this order dated 17.07.1991 subject to only one exception that the respondent shall be entitled to get wages as are admissible to part time Safai Karamchari under the Minimum Wages Act from time to time starting from the date of his termination.

(iv)The petitioner has agreed to pay the arrears of wages to which the respondent was entitled for the period from the date of his termination till the date he had rejoined the duties with the

petitioner on 04.10.2007 within 8 week from today.

(v) The petitioner shall be entitled to deal with the respondent in relation to his employment with it as per law.

(vi)In case, respondent becomes entitled for regularization in terms of any future policy of the petitioner, the petitioner shall consider the case of the respondent for his regularization before regularizing any of his juniors who might have been appointed as part time Safai Karamchari at a later point of time than the respondent.

(vii)The parties have agreed that the amount deposited by the petitioner pursuant to Court order dated 31.03.2003 be released in favour of the petitioner forthwith.

7. In view of the above, the impugned award in so far as it directs

regularization of the respondent is hereby set aside and the award

directing reinstatement of the respondent with back wages is modified in

terms referred hereinabove. This petition stands disposed of leaving the

parties to bear their own costs. All pending misc. applications also stand

disposed of.

8. The Registry is directed to release the amount deposited by the

petitioner pursuant to Court order dated 31.03.2003 to the petitioner

along with interest accrued thereon forthwith.

JULY 16, 2009                                    S.N.AGGARWAL, J
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