Delhi High Court
North Delhi Municipal ... vs Phool Singh And Ors on 31 July, 2019
$~51 - 61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31st July, 2019
+ W.P.(C) 5106/2017 & CM Appls. 21844/2017, 40941/2017
51 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
PHOOL SINGH AND ORS ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
+ W.P.(C) 5108/2017 & CM Appls. 21848/2017, 40944/2017
52 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
DEVENDER KUMAR AND ORS ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
+ W.P.(C) 5114/2017 & CM Appls. 21856/2017, 40822/2017
53 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
KARAMVIR AND ORS ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
W.P.(C) 5106/2017 & connected matters Page 1 of 5
+ W.P.(C) 5143/2017 & CM Appls. 21925/2017, 40824/2017
54 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
DIWAN AND ORS ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
+ W.P.(C) 5153/2017 & CM Appls. 21998/2017, 40823/2017
55 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
BALBIR SINGH AND ORS ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
+ W.P.(C) 5156/2017 & CM Appls. 22014/2017, 40821/2017
56 NORTH DLEHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
BALWAN SINGH & ORS. ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
+ W.P.(C) 5282/2017 & CM Appl. 22391/2017
57 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
W.P.(C) 5106/2017 & connected matters Page 2 of 5
versus
SURENDER AND ANR ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
+ W.P.(C) 5289/2017 & CM Appl. 22408/2017
58 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
MATHEN SINGH & ORS ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
+ W.P.(C) 5290/2017
59 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
JAGPAL SINGH ..... Respondent
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondent
+ W.P.(C) 5582/2017 & CM Appl. 23412/2017
60 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
SUNIL DATT & ORS ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
W.P.(C) 5106/2017 & connected matters Page 3 of 5
+ W.P.(C) 5739/2017 & CM Appl. 23904/2017
61 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms.Biji Rajesh and Mr.Gaurang
Kanth, Advocates
versus
KAPTAN SINGH AND ORS ..... Respondents
Through: Ms.Sugandh Kochhar, Advocate for
Mr.Rajiv Agarwal, Advocate for
respondents
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The petitioners have challenged the recovery certificates issued by the
Deputy Labour Commissioner for the implementation of the order dated 25th
September, 2014 and 17th October, 2014 passed by this Court in W.P.(C)
5034/2011.
2. Learned counsel for the petitioners submits that vide judgment dated
22nd February, 2019 in L.P.A. 109/2017 titled North Delhi Municipal
Corporation v. Workmen Working as Malies in Horticulture Dept. MCD,
the Division Bench of this Court has set aside the judgment dated 25 th
September, 2014 passed by the learned Single Judge in W.P.(C) 5034/2011.
The Division Bench has further held that no recovery would be made from
the workmen who are working in the hospital. Relevant portion of the
judgment dated 22nd February, 2019 is reproduced hereunder:
"15. For the reasons stated above, we set aside the order dated
25.09.2014 passed by learned Single Judge allowing the appeal in
terms of the conclusion rendered by the Tribunal. No cost.
16. As fairly agreed, we make it clear that no recovery would be
made from those workmen, who are actually working in the
hospitals. However, concession will not be applicable to those,
who are not working in the hospital but are working as Malis in
other places."
3. Learned counsel for the petitioners submit that the writ petitions be
allowed in view of the judgment of the Division Bench dated 22nd February,
2019 in L.P.A. 109/2017. Learned counsel for the petitioners further submits
that none of the respondents in these petitions were working in the hospital.
4. The writ petitions are allowed and the impugned recovery certificates
are set aside. Pending applications are also disposed of.
5. Copy of this judgment be given dasti to counsel for the parties under
signatures of the Court Master.
J.R. MIDHA, J.
JULY 31, 2019
ds
