Delhi High Court
North Delhi Municipal ... vs Nirmala & Anr. on 8 September, 2020
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:08.09.2020 20:37:59
$~8 to 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 8th September, 2020
+ W.P.(C) 5332/2020 & CM APPLS. 19254/2020, 19255/2020
NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms. Namrata Mukim, Standing
Counsel with Ms. Garima Jindal,
Advocate along with Mr. Gopal,
Deputy Commissioner, DEMS(HQ),
NDMC
versus
ANITA RANI & ANR. ..... Respondents
Through: Ms. Meghna De, Advocate for Mr.
Rajiv Agarwal, Advocate for R-1.
Mr. Vivek Goyal, CGSC for UOI (M-
9810373320)
Mr. Ajay Kumar Pandey & Mr. LNP
Singh, Advocates for R-2
WITH
9
+ W.P.(C) 5334/2020 & CM APPLS. 19259/2020, 19260/2020
NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms. Namrata Mukim, Standing
Counsel with Ms. Garima Jindal,
Advocate along with Mr. Gopal,
Deputy Commissioner, DEMS(HQ),
NDMC
versus
SUDESH KUMAR & ANR. ..... Respondents
Through: Ms. Meghna De, Advocate for Mr.
Rajiv Agarwal, Advocate for R-1.
Mr. Vivek Goyal, CGSC for UOI
Mr. Madhu Sudan Bhayana, Advocate
for R-2 (M-9891617861)
10 AND
+ W.P.(C) 5335/2020 & CM APPLs. 19261/2020, 19262/2020
NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Ms. Namrata Mukim, Standing
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH W.P.(C) 5332/2020 & connected matters Page 1 of 5
Signing Date:08.09.2020 19:27
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:08.09.2020 20:37:59
Counsel with Ms. Garima Jindal,
Advocate along with Mr. Gopal,
Deputy Commissioner, DEMS(HQ),
NDMC
versus
NIRMALA & ANR. ..... Respondents
Through: Ms. Meghna De, Advocate for Mr.
Rajiv Agarwal, Advocate for R-1.
Mr. Vivek Goyal, CGSC for UOI
Mr. Dwapayan Gupta & Mr. Shubham
Gupta, Advocates for GNCTD
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. The hearing has been held through video conferencing.
2. Mr. Madhu Sudan Bhayana, ld. counsel appearing in W.P.(C) 5334/2020,
and Mr. Ajay Kumar Pandey, ld. counsel appearing in W.P.(C) 5332/2020, both
submit that these matters pertain to the Central Labour Commissioner and hence
the Central Government would be representing in this matter. Accordingly, both
the said counsels are discharged. Mr. Shubham Gupta, ld. counsel appearing for
GNCTD, is also discharged from this matter. Mr. Vivek Goyal, ld. CGSC is
appearing for the Central Labour Commissioner.
3. These three petitions arise out of the impugned awards dated 15th
February, 2019, by which the services of all the employees have been regularized
and past wages have been directed to be paid. The case of the North Delhi
Municipal Corporation (hereinafter 'Corporation') is that initially, the
regularization was only notionally done, as per the office order dated 2nd June,
2014, and hence none of the employees were entitled to back wages. However,
thereafter, the word 'notionally' was removed, vide a circular dated 5th March,
Signature Not Verified
Digitally Signed
Signing Date:08.09.2020 19:27
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:08.09.2020 20:37:59
2015, leading to the passing of the impugned awards.
4. Post the passing of the impugned awards, the Corporation has again
issued a circular dated 11th December, 2019, by which the word 'notionally' was
incorporated once again. According to the Corporation, the matter needs to be
remanded back to the Central Government Industrial Tribunal (hereinafter
'CGIT') for reconsideration owing to the circular dated 11th December, 2019. In
effect the argument is that in view of this latest circular, the workmen are not
entitled to regularisation and back wages.
5. Vide order dated 18th August, 2020, the Corporation was directed to file
an affidavit as to the chronology of events leading to such a circular being issued,
after the order having been passed by the CGIT. An affidavit dated 3rd
September, 2020 has been placed on record which is filed by Mr. Gopal,
Additional Deputy Commissioner, DEMS(HQ), North Delhi Municipal
Corporation. In the said affidavit, it has been explained that in view of the large
number of employees who were getting the benefit and the consequent monetary
impact upon the Corporation being several crores of rupees, the Corporation took
a policy decision and issued the circular dated 11th December, 2019.
6. On the last date i.e. 18th August, 2020, it was noticed by this Court that all
the three employees were being represented by one single authorized signatory,
Mr. Abhinav Kumar, who is a practising lawyer. The employees were therefore
directed to appear before this Court today, as also the authorized signatory. Upon
interacting with the authorized signatory, it seems that he has been appointed as
the authorized signatory since 2016-17 and was earlier stated to be with the
Municipal Employees Union.
7. All the three employees, namely, Ms. Anita Rani, Mr. Sudesh Kumar and
Ms. Nirmala are present in the hearing via video conferencing. Ms. Anita Rani
is stated to be married to Mr. Rajesh Kumar Tank who is a Sanitary Inspector in
Signature Not Verified
Digitally Signed
Signing Date:08.09.2020 19:27
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:08.09.2020 20:37:59
the Corporation. She joined the services of the Corporation in 1997 as a Safai
Karamchari and is presently serving in the Mangolpuri area. Ms. Nirmala is
married to Mr. Rakesh Kumar Tank, the brother of Mr. Rajesh Kumar Tank. She
is also serving in the Corporation as a Safai Karamchari and she is also presently
serving in the Mangolpuri area. Mr. Sudesh Kumar submits that he has been
working with the Corporation since 1996, and is presently posted in Mangolpuri.
He further states that he was referred to the authorised signatory by Mr. Rajesh
Kumar Tank who he refers to as `Baoji'. The husbands of Ms. Anita Rani and
Ms. Nirmala are both brothers.
8. Mr. Gopal, Deputy Commissioner, DEMS (HQ), NDMC, who appears
before this Court through video conferencing submits that the records relating to
addition and removal of the word 'notionally' from the office order dated 5th
March, 2015 have been placed on record.
9. All these three cases and there are several other cases involving
regularization of employees and payment of back wages. The record which has
been placed before this Court would be required to be perused in detail, to see if
there is any reasoning for the manner in which such decisions are being taken,
initially to regularize the employees 'notionally', thereafter to delete the word
'notionally', and thereafter to reincorporate the same. The entire process
deserves a deeper examination by an independent person i.e., a senior official. It
is submitted by ld. Counsels that there are more than 2000 cases involving
identical issues which would be affected. Accordingly, it is directed that the
Secretary, Ministry of Labour, Government of India, shall appoint a senior
official to look into the records of the NrDMC, and give a proper detailed report
on the following aspects:
(i) The manner in which such policy decisions are being taken and
changed from time to time, having an impact on all workmen as also the
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Digitally Signed
Signing Date:08.09.2020 19:27
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:08.09.2020 20:37:59
exchequer of the Corporation.
(ii) The manner in which the employees who are so closely related to
each other for eg., husbands and wives are being recruited by the
Corporation as Safai Karamcharis and whether any proper process is
being followed in their recruitment.
(iii) The records of all the employees affected by the Circulars
mentioned above, shall be examined and a detailed status report shall be
filed in this regard.
(iv) The report shall also make a preliminary assessment as to whether
this policy decision applies to all the municipal corporations and if so,
what is the financial impact of the same.
(v) Details of total payments made by the other Corporations such as
SDMC, EDMC in respect of similarly placed employees following
similarly passed orders by the CGIT. The total payments disbursed by the
said Corporations, shall also be provided by means of a chart.
Let this report be filed within 8 weeks. Upon receiving of the status report, this
Court shall consider as to whether the circular dated 11th December, 2019 would
have any impact on the impugned awards passed by the CGIT.
10. The authorized signatory and workmen need not appear on the next date.
The status report be filed at least five days before the next date of hearing and
copies of the same to be supplied to the ld. counsel for the Corporation and to
the Workmen.
11. List for further hearing on 23rd November, 2020. Interim orders to
continue in the meantime.
PRATHIBA M. SINGH
JUDGE
SEPTEMBER 8, 2020
Rahul / Ak
Signature Not Verified
Digitally Signed
Signing Date:08.09.2020 19:27
