Delhi High Court
Ashok Kumar vs Union Of India And Ors. & Anr. on 9 February, 2022
$~90
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.02.2022
+ MAC.APP. 37/2022
ASHOK KUMAR ..... Appellant
versus
UNION OF INDIA AND ORS. & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Anshuman Bal, Advocate.
For the Respondent: Mr. Aditya Singh Deshwal, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 7127/2022
1. The hearing was conducted through video conferencing.
2. The appeal impugns award dated 31.07.2019. The appeal was
originally filed on 07.01.2020 with a delay of 64 days.
3. It is contended that the appellant who is a senior citizen fell ill
and accordingly could not file the appeal within time and he after his
recovery approached the counsel who thereafter drafted the appeal and
filed the same.
4. It is submitted that on account of the lockdown the appeal could
Signature Not Verified
MAC.APP.37/2022 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:09.02.2022
Signing Date:09.02.2022 23:51:30 20:42
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
not be taken back and refiled in physical form and it was thereafter
mentioned and filed in digital form.
5. Issue notice. Notice is accepted by learned counsel appearing
for the respondents.
6. For the reasons stated in the application, I am satisfied that
appellant has sufficiently explained the delay in filing the appeal.
7. The delay is accordingly condoned.
MAC.APP. 37/2022
8. Appellant impugns award dated 31.07.2019 to the limited extent
that the Tribunal has taken the salary of the deceased, wife of the
appellant at minimum wage.
9. Learned counsel for the appellant submits that the wife of the
appellant was a permanent employee in Municipal Corporation of
Delhi and was earning about Rs.25,000/- per month. He submits that
even though the evidence had been produced before the Tribunal that
she was a permanent employee, Tribunal has erred in rejecting the
same and taking only the minimum wage of an unskilled worker
during the said period for the purposes of calculating loss of
dependency.
10. Learned counsel submits that at the time when evidence was led
the pay scale had not been finalized as the same was under
consideration with regard to implementation of 7 th Pay Commission.
Signature Not Verified
MAC.APP.37/2022 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:09.02.2022
Signing Date:09.02.2022 23:51:30 20:42
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
He submits that subsequently a certificate has been issued by the
Municipal Corporation on 28.10.2021 certifying what her last paid
salary was.
11. Issue notice. Notice is accepted by learned counsel appearing
for the respondents.
12. Since there is no dispute with regard to the liability of
respondent No.1 vis-à-vis respondent Nos.2 & 3 as they were the
employees of respondent No.1, service of respondent Nos.2 & 3 is
dispensed with
13. With the consent of parties the appeal is taken up for final
disposal today.
14. In the impugned award, with regard to the salary of the
deceased, Tribunal has held that though the claim of the appellant was
that his wife was working in MCD and earning Rs.25,000/- but the
income of the deceased had not been proved in accordance with law
and in absence thereof minimum wage prescribed during the relevant
period has been taken.
15. The Tribunal has clearly erred in not noticing the evidence led
by the appellant by producing Sh. Dal Chandra, LDC who had
produced the service record of the deceased. The service record
clearly shows that the deceased was a regular employee w.e.f.
01.04.2004 and in the pay scale of Rs.2550-3200/- (pre revised).
16. Appellant has along with the appeal paper book filed a
Signature Not Verified
MAC.APP.37/2022 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:09.02.2022
Signing Date:09.02.2022 23:51:30 20:42
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
certificate issued by the Administrative Officer, DEMS NGZ
certifying that she was last paid emoluments of Rs.22,153/-.
17. In view of the above, the impugned award to the limited extent
of computation of the emoluments cannot be sustained and is
accordingly set aside. The matter is remitted to the Tribunal for re-
assessing the amount towards loss of dependency.
18. Appellant is given an opportunity to lead additional evidence
and produce material with regard to the salary actually drawn by the
deceased during her employment.
19. For the said purpose the petition shall be listed before the
Tribunal on 03.03.2022.
20. Tribunal shall endeavour to expeditiously conclude the
proceedings and pass a fresh award.
21. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J.
FEBRUARY 09, 2022
rk
Signature Not Verified
MAC.APP.37/2022 Digitally Signed 4
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:09.02.2022
Signing Date:09.02.2022 23:51:30 20:42
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
