Tuesday, January 26, 2021

A workman is entitled to interim wages in case domestic enquiry is vitiated by the Industrial Tribunal – Delhi High Court (Division Bench)

Vikram Thapa, driver (workman), was terminated from service by Deccan Charters Private Limited on 15.03.2012. Being aggrieved, the workman raised an industrial dispute before the Central Government Industrial Tribunal (CGIT), Delhi. Vide Order dated 31st December 2013, CGIT held that the domestic enquiry, as conducted by the management, was in violation of the principles of natural justice. Thereafter, the workman preferred an application before the CGIT thereby seeking interim wages. Vide Order dated 04.01.2017, CGIT awarded interim wages to the workman. The management, instead of implementing the aforesaid Order dated 04.01.2017, challenged the same before the Hon’ble Delhi High Court by way of a writ petition. The writ court (Single Judge Bench), vide Order dated 15.07.2019, held that it was a case of ‘loss of confidence’ and the workman, therefore, was not entitled to any interim wages. Being aggrieved, the workman preferred a Letters Patent Appeal (LPA No. 326/2020) before the Division Bench of the Hon’ble Delhi High Court. The Hon’ble Division Bench, vide Order dated 14.01.2021, directed the management to pay a sum of Rs. 50,000 as interim wages to the workman.

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2021012616116733032021%20Del%20DB%20-%20VIKRAM%20THAPA.pdf

https://advocateanujaggarwal.com/

[Vikram Thapa Vs. Deccan Charters Private Limited, L.P.A. No. 326/2020, Delhi High Court (Division Bench), Date of decision = 14.01.2021]

 

Anuj Aggarwal

Advocate

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Email – anujaggarwal1984@gmail.com


Sunday, January 17, 2021

A CRPF Officer got bullet injury in a Naxalite attack and CRPF denied promotional scale on the medical grounds - Delhi High Court sought reply from CRPF

Delhi High Court (DB)

13.01.2021

On 20.09.2014, Kalyan Singh, Assistant Commandant, CRPF, sustained a bullet injury in his right leg in a Naxalite attack in Chhattisgarh. He remained hospitalized for 2 months.


The Senior Time Scale (promotional scale) was due to Shri. Kalyan Singh on 12.01.2016 but was denied by CRPF on medical grounds. CRPF clearly declared in their Order that on 12.01.2016 the officer was in low medical category due to sustained bullet injury in an ambush by Naxals during search operations at Village Kutul, District Sukama (Chattisgarh) and, therefore, Senior Time Scale cannot be given to him w.e.f. 12.01.2016.


Being aggrieved, Shri. Kalyan Singh filed a writ petition [W.P. (C) 473/2021] before the Hon’ble Delhi High Court. The Hon’ble Court, vide Order dated 13.01.2021, was pleased to issue notice and directed CRPF to file reply.

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2021011716108964622021%20Del%20DB%20-%20KALYAN%20SINGH.pdf

 

https://advocateanujaggarwal.com/notejudgement.php?courtid=2

 

Anuj Aggarwal

Advocate

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Email – anujaggarwal1984@gmail.com