Delhi High Court
Reena Kumari Gaur & Ors. vs Delhi Cantonment Board & Anr. on 7 July, 2022
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10290/2022 & CM APPL.29663/2022 (for interim relief)
REENA KUMARI GAUR & ORS. ..... Petitioners
Through: Ms. Meghna De with Ms. L.
Gangmei, Advocates.
versus
DELHI CANTONMENT BOARD & ANR. ..... Respondents
Through: Mr. Ankur Mishra, Advocate for
respondent No.1.
% Date of Decision: 07th July, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. Present petition has been filed seeking the following prayers:-
"a. Issue an appropriate writ, order or direction, thereby
directing the Respondent No. 1 to maintain status quo in the
service condition of the Petitioners and not to terminate
their services by replacing them with outsourced workers;
and
b. Issue an appropriate writ, order or direction, thereby
directing the Respondent No. 1 to comply with the
direction/notice dated 01.07.2022 passed by Union of India
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:52:22
through the Assistant Labour Commissioner (Central),
Ministry of Labour and Employment; and
c. Issue an appropriate writ, order or direction, thereby
directing the Respondent No. 1 not to change the service
conditions of the workmen during the pendency of the
industrial dispute without following the procedure under
section 33 of the Industrial Disputes Act, 1947."
2. Learned counsel for the petitioners submits that the petitioners are
aggrieved as they are being forced by respondents to agree with the
respondents for placing them under a contractor. Learned counsel for the
petitioners submits that an industrial dispute has already been raised and the
matter is pending before the Conciliation Officer.
3. Order passed by the Conciliation Officer dated 01.07.2022 is as
under:-
"File no. ALC-111/8/0L/ 161/2022 Date-01.07.2022
To
Ms Reena Kumari Gaur & 7 The CEO,Delhi
ors, Through Hospital Cantonment Board,
Employees Union, Agarwal Sadar Bazar, Delhi
Bhawan G.T Road Tis Cantt,Delhi -110010
Hazari,
Delhi-110054
Sub: I.D./Complaint between the management of Delhi
Cantonment Board and their workmen Ms Reena Kumari
Gaur & 7 ors regarding Regularization.
Sir,
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:52:22
Please be informed that the matter will taken up for discussion
at this office on 08.07.2022 at 12:00 Noon under section 12 of
the Industrial Disputes Act, 1947 with a view to investigate the
dispute and all matters affecting the merits and right settlement
thereof.
You are hereby required to appear on the aforesaid date and
time either in person or through an authorised representative
who is competent to take appropriate stand on the relief sought
for in the complaint in order to arrive at an amicable
settlement. You may file any statement in reply along with all
relevant papers/ documents in five copies on or before the date
of discussion and give one copy thereof to the other side.
No party to a dispute shall be entitled to be represented by a
legal practitioner in any conciliation proceeding under this Act
or in any proceedings before a Court.
In this connection attention of mgt. is drawn towards sec.33 of
the ID Act. And advised to adhere the provision its letter and
sprit and not to terminate services in order to avoid any
untoward action."
4. Learned counsel for the petitioner submits that in a similar situation in
W.P.(C) 9226/2022 titled Saraswati & Ors. vs. The Chief Electoral Officer,
GNCTD and W.P.(C) 9645/2022 titled Kamlesh Panwar & Ors. vs. Delhi
Cantonment Board & Anr., directions have been passed by this Court not to
change the service conditions of the petitioners.
5. Learned counsel for the petitioner further submits that in fact the
petitioners are the direct employees of the respondent No.1.
6. Issue notice. Sh. Ankur Mishra, learned Standing Counsel accepts
notice on behalf of respondent No.1.
7. Sh. Mishra, learned Standing Counsel states that in fact the petitioners
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:52:22
have already been placed under the contractor wherein an agreement was
signed on 01.07.2022. However, learned Standing counsel submits that there
is no change in their salary or any service conditions. Learned Standing
counsel has also submitted that the petitioners are not being replaced with
the contract employees and they have also directed the contractor not to
change the service conditions of the petitioners.
8. Perusal of the communication dated 01.07.2022 clearly indicates that
the Assistant Labour Commissioner, Union of India has advised the
respondents to adhere to the provisions as contained in Section 33 of the
Industrial Disputes Act in letter and spirit and not to terminate the services
in order to avoid any untoward incident.
9. It is an admitted fact that the petitioners have already raised an
industrial dispute. It is made clear that the services of the petitioner shall not
be disturbed during the pendency of the dispute before the Tribunal without
compliance of Section 33 of the Industrial Disputes Act. Status quo shall be
maintained in respect of the service condition of the petitioners.
10. With the above directions, the present petition along with the pending
application is disposed of. However, nothing contained herein, shall
tantamount to any expression on the merits of the case. The rights and
contentions of the parties are left open.
DINESH KUMAR SHARMA, J
JULY, 07, 2022
st
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:52:22
