Peoples Union For Democratic ... vs Union Of India And Others
2011 Latest Caselaw 782 Del

6.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI


+      W.P.(C) 524/2010


       PEOPLES UNION FOR DEMOCRATIC RIGHTS & OTHERS
       ..... Petitioners
                         Through Mr. Colin Gonsalves, Sr. Advocate
                         with Mr. Tariq Adeeb, Advocate.

                     versus

       UNION OF INDIA AND OTHERS             ..... Respondents
                     Through Mr. Sanjeev Sachdeva, Mr. Preet Pal
                     Singh, Mr. Sanjeet Ranjan & Mr. Vaibhav
                     Verma, Advocates for respondent Nos. 1, 5
                     and 6.
                     Mr. Ajay Verma, Advocate for DDA.
                     Mr. Anil Amrit, Standing Counsel for NDMC
                     with Secretary (NDMC).
                     Ms. Suparna Srivastava, Standing Counsel for
                     MCD with Commissioner of MCD.
                     Mr. Atul Sharma, Mr. Milanka Chaudhury & Mr.
                     Abhishek Sharma, Advocates for respondent
                     No. 11-DIAL.
                     Mr. K.C. Kaushik, Mr. Rahul Kaushik & Ms.
                     Shilpi Kaushik, Advocates for respondent No.
                     12-DMRC.
                     Ms. Noopur Singhal, Advocate for Mr. Anil
                     Grover, Advocate for SAI.
                     Mr. Manmeet Singh, Supt. (Admn.), DLSA.

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE SANJIV KHANNA

                 ORDER

% 09.02.2011

This Court on earlier occasion had directed personal presence

of competent authorities of certain organizations. In pursuance of the

earlier order, Mr. Anil Kumar Singh, Labour Commissioner-cum-

Secretary of the Board, Mr. Virender Prasad, General Manager (HR),

DIAL, Mr. D. Sarkar, Secretary, DDA, Mr. K.S. Mehra, Commissioner,

MCD, Mr. Santosh Vaid, Secretary, NDMC and Mr. N.K. Prasad, Chief

Labour Commissioner, Union of India are present.

2. At the commencement of the hearing, Mr. Sanjeev Sachdeva,

learned Standing Counsel for Union of India has given a chart relating

to the number of establishments, number of contractors, who have

submitted the records, number of workers involved and the number of

contractors, who have not submitted the records and details of

defaulting contractors and the action taken. For the sake of

convenience, we incorporate the first page of the chart:-

SI   Name      No. of     No. of        No. of     No. of     Detail of       Remark
No   of P.E.   Notices    Contractors   Workers    Contractor defaulting
                          who           involved   who not    Contractors
                          submitted                submitted
                          Records                  record.

1    DIAL      99         80            90391      19         As per list-A Prosecution
                                                                            Sanctioned and
2.   DDA       20         19            8109       01         As per list-B filing of

3.   CPWD      10         10            2838       -          -             Complaint before
                                                                            the court is under
4.   DMRC      41         38            5867       03         As per list-C Process

5.   S.A.I.    02         01            214        01         As per list-D



 6.      D.U.     02       02         1091   -            -            -do-

7.      NDMC     09       09         927    -            -

8.      MCD      02       02         52     -            -            -do-

9.      Others   04(NBC 04           1530   -            -
                 C)-1
                 (ONGC)
                 -1
                 (AIR/C
                 CW)-1
                 (RITES)
                 -1

Total                   189           165       111019       24              -
-

3. On a perusal of the chart, it is perceived that out of 99

contractors engaged by DIAL, 80 contractors have submitted their

records. The number of workers engaged by DIAL goes upto 90391.

19 contractors have not submitted any record. The amount of cess

that was required to be deposited on behalf of DIAL is Rs.48 crores.

Out of the said amount, Rs.31 crores has been deposited. Let the rest

of the amount be deposited as required under the Cess Act of 1996 by

25th March, 2011.

4. As far as DDA is concerned, name of only one contractor was

required to be submitted and it is contended by Mr. Ajay Verma,

learned counsel appearing for the DDA that the same has already

been submitted and total amount of cess of Rs.9,62,57,903/- has been

deposited.

5. As far as CPWD is concerned, the names of the workers have

been given and the amount of cess deposited is Rs.17.94 crores. In

respect of DMRC, names of the three contractors have not been

submitted. It is submitted by Mr. K.C. Kaushik, learned counsel for the

DMRC that complete list of names has already been submitted.

Learned counsel for Union of India shall verify the same. As far as the

amount of cess in respect of DMRC is concerned, it is submitted by

the learned counsel that it is approximately Rs.128 crores out of which

Rs.127/- crores has been deposited. Let the balance amount be

deposited within two weeks hence.

6. As far as SAI is concerned, name of one contractor has not

been submitted. Learned counsel shall verify whether SAI has paid

any cess and we shall address to the said aspect on the next date. As

far as Delhi University is concerned, out of 2 contractors they have

given the list of two contractors. Mr. N. Waziri, learned Standing

Counsel for the Board shall address the Court about the payment of

cess.

7. The NDMC out of 9 contractors has provided the list of 9

contractors. The cess amount of Rs.9.96 crores on behalf of NDMC

has been paid.

8. As far as MCD is concerned, it is submitted by Ms. Suparna

Srivastava, learned Standing Counsel that the list given by the Union

of India is absolutely erroneous inasmuch as the MCD had engaged

33 contractors and the entire list has been given. It is also submitted

by her that the aforesaid 33 contractors were engaged in the

Commonwealth Games. The amount of cess that has been deposited

comes to Rs.7.79 crores and the same has been deposited. As far as

the others, viz., NBCC, ONGC, AIR/CCW and RITES are concerned,

they have engaged one contractor each and have given the names of

the contractors.

9. As far as the amount of cess is concerned, the Board shall

assess and if any amount remains payable by any of the

establishments, the appropriate procedure shall be adopted to recover

the same.

10. On a perusal of the chart, it appears that 111019 workers were

engaged in Commonwealth Games. As far as the list provided is

concerned, the number has to go more as the details that have not

come into the custody of the Union of India and the error committed by

Union of India in computing the list provided by the MCD.

11. Now, we shall advert to how the benefits can be made available

to the workers. On the earlier occasion, we had enumerated various

schemes available. The same need not be repeated. The fulcrum of

the matter is how the benefits can reach the workers. Mr. Waziri,

learned Standing Counsel for GNCTD as well as the Board has

submitted that the Board has sent letters to 43700 workers who have

already been registered with the Board and the said list indicates the

benefits which are available and the offices which are to be contacted.

Learned counsel has submitted that the letters were dispatched a

week ago and some response is expected within a week from today.

Apart from the aforesaid mode, how to reach those registered workers

and unregistered workers so that they can avail the benefits need to

be addressed. Mr. Atul Sharma, learned counsel appearing for DIAL

after obtaining instructions from Mr. Virender Prasad has submitted

that DIAL is willing to deposit the registration fee and that may be

intimated by the Board to the workers so that they do not require to

pay registration fee as the same has been agreed to be paid by the

principal employer, viz., DIAL. Be it noted, all other organizations,

viz., DIAL, DDA, CPWD, DMRC, SAI, D.U., NDMC, MCD, NBCC,

ONGC, AIR/CCW and RITES have also agreed to follow the same

method and pay the registration fee for the workers. At this juncture,

we have been apprised that about 25% of the workers are still in

Delhi. Mr. Subhash Bhatnagar undertakes to take registered workers

to the office of the Board so that the benefits can be extended to them.

He shall start taking the workmen from next Monday, i.e., 14th

February, 2011. We hope and trust that Mr. Bhatnagar, who is the

Secretary of Nirman Mazdoor Panchayat Sangam shall not betray the

faith of the workmen deposed in him.

12. Apart from that Mr. Amjad Hasan, General Secretary of Delhi

Asangthit Nirman Mazdoor Union (Regd.), Mr. R.K. Kakoti,

Representative, Mahanagar Asanghthit Mazdoor Union and Mr. H.R.

Tiwari, President of Delhi Bhawan Va Anya Nirman Asangathit

Mazdoor Sangh (Regd.) have also undertaken that they will assist the

Board in getting the registered workers to avail the benefits and also

apprise the workers to get themselves registered.

13. Mr. Waziri, learned Standing Counsel after obtaining instructions

has very fairly submitted that the Board shall pay the travelling

allowance to the proactive persons of the aforesaid unions whose

names have been mentioned in the foregoing paragraph so that they

can contact the workmen and bring the persons to the Board's office.

The representative of the aforesaid unions whose names find mention

shall remain personally present on every date the case is taken up.

14. We may note with profit as far as the earlier direction is

concerned for handing over the drafts to the injured workmen, the

drafts have been handed over to them by Mr. Amjad Hasan and the

Board is satisfied with regard to the said delivery.

15. Let the matter be listed on 23rd February, 2011. By that date all

concerned including the trade unions which have shown voluntariness

shall file their status report. As far as other aspects are concerned,

especially relating to non-supply of names of contractors, etc., will be

adverted to on that date. The officers who are present today need not

remain personally present on the next date. If required in future, they

shall be summoned again.

Copy of this order be given dasti to the learned counsel for the

parties under signature of the Court Master.

CHIEF JUSTICE

SANJIV KHANNA, J.

FEBRUARY 09, 2011 VKR