Delhi High Court
Delhi State Electricity Workers ... vs Bses Rajdhani Power Ltd & Ors. on 27 August, 2021
$~4
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27.08.2021
+ W.P.(C) 7848/2021
DELHI STATE ELECTRICITY WORKERS UNION & ORS.
..... Petitioners
versus
BSES RAJDHANI POWER LTD & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Yash Vardhan Singh, Advocate.
For the Respondent: Mr. Anupam Varma, Mr. Nikhil Sharma and Mr.
Aditya Gupta, Advocates for R-1 & 5.
Mr. Sandeep Prabhakar, Advocate for R-2 to 4.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.24401/2021 (exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 7848/2021 & CM APPL.24400/2021
1. The hearing was conducted through video conferencing.
2. Petitioner seeks quashing of circulars dated 16.06.2020
21.05.2020 and 22.07.2021 whereby it is stated that voluntary
contributions shall be deducted from the salary of the employees for
the purposes of providing financial support for medical treatment etc.
Signature Not Verified
W.P(C) 7848/2021 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:29.08.2021
Signing Date:29.08.2021 14:07:59 12:41
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
to employees and associates engaged in the services of the
respondents.
3. Learned counsel for the petitioner submits that members of the
petitioner association have been forced to make contributions by
compulsory deductions.
4. Issue notice. Notice is accepted by learned counsel appearing
for respondent Nos.1 & 5 as also by counsel appearing for respondent
Nos.2 to 4.
5. Learned counsel appearing for the respondents objects to the
locus of petitioner No.2 to file a petition on behalf of petitioner No.1.
6. He, however, without prejudice submits that since the scheme
under the circulars is purely voluntary and any person who wants to
avail the benefit under the scheme is to make the contribution and if
someone does not wish to take benefit under the scheme and
contribute, option is given to the workmen to give their option of not
becoming part of the scheme.
7. Learned counsel submits that in the past also several employees
have opted out of the scheme and no contribution has been deducted
from their salaries.
8. In view of the above statement, the petition is disposed of with
Signature Not Verified
W.P(C) 7848/2021 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:29.08.2021
Signing Date:29.08.2021 14:07:59 12:41
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
a direction to the respondents to once again inform its employees that
the scheme is optional and they can opt out of the scheme. All
employees who exercise the option of withdrawing from the scheme,
would not be covered under the scheme and shall not be entitled to
any benefits under the scheme and no amount shall be deducted from
their salary.
9. Since the circular itself states that the scheme is voluntary and
statement has been made by learned counsel for the respondent that
the employees who wish to opt out of the scheme are free to opt out of
the same, no opinion is expressed on the locus of petitioner No.2 to
file the petition on behalf of petitioner no. 1. The issue is left open.
10. Petition is disposed of in the above terms.
11. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
AUGUST 27, 2021
rk
Signature Not Verified
W.P(C) 7848/2021 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:29.08.2021
Signing Date:29.08.2021 14:07:59 12:41
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
