Monday, July 25, 2022

Daily wage MCD Chowkidar, who was terminated from service pursuant to a raid conducted by the Deputy Chief Minister and Education Minister, GNCTD, held entitled to reinstatement in service with full back wages

22 July 2022

Labour Court, Delhi

 

Daily wage MCD Chowkidar, who was terminated from service pursuant to a raid conducted by the Deputy Chief Minister and Education Minister, GNCTD, held entitled to reinstatement in service with full back wages

 

On 03.03.2000, Sh. Subhash Yadav was appointed as a daily wage Chowkidar (security guard) by the MCD.

 

On 29.09.2017, Sh. Manish Sisodia, Deputy Chief Minister and Education Minister, Govt. of NCT of Delhi, conducted raid in the EDMC School, Kalyan Puri, Delhi-110091.

 

Vide Order dated 29.09.2017, the services of Sh. Subhash Yadav were terminated with immediate effect by the MCD. The allegations of renting out the classrooms of the school to the outsiders were leveled against Sh. Subhash Yadav.

 

Being aggrieved by the termination Order dated 29.09.2017, Sh. Subhash Yadav raised an Industrial Dispute (LID No. 320/2018) by filing a statement of claim before the Labour Court, Delhi.

Vide Award dated 22.07.2022, the Labour Court held that the termination of service of Sh. Subhash Yadav was illegal, in utter disregard to the principles of natural justice and also in violation of Section 25 F, G and H of the Industrial Disputes Act, 1947. The Labour Court, consequently, directed the MCD to reinstate Sh. Subhash Yadav in service and give him all the consequential benefits, including full back wages. The Labour Court also awarded Rs. 20,000/- as cost of litigation to Sh. Subhash Yadav. The directive paragraphs of the Award dated 22.07.2022 is reproduced below for ready reference: -

 

“10. RELIEF

 

10.1 In view of findings under issues above it is held that the management has illegally terminated the workman in violation of principle of Section 25F, 25G and 25H of Industrial Disputes Act, 1947. Accordingly it is held that workman is held entitled and granted the following reliefs:

 

(i) Immediate reinstatement from the date of publication of this Award with

 

(ii) Full back wages since 29.09.2017 from the date of her illegal termination @ his last drawn wages per month i.e., agreed wages between the parties.

 

(iii) All consequential benefits from the date of his illegal termination till the date of his reinstatement.

 

(iv) All the due amount be paid within one month of the date of publication of present Award with interest @ 6% per annum from the date of publication till its realization.

 

(v) The workman is also awarded the cost of litigation for a total sum of Rs.20,000/- u/Sec. 11(7) of Industrial Disputes Act, 1947. Application/Claim stands answered in the aforesaid terms.”

 

[Subhash Yadav Vs. East Delhi Municipal Corporation, LID NO. 320/2018, date of Award 22.07.2022, Labour Court-IX, Rouse Avenue, District Courts, Delhi]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Friday, July 22, 2022

Illegal recoveries from the pension of a retired Havildar, Indian Army – Armed Forces Tribunal stayed the recovery

 21.07.2022

Armed Forces Tribunal

 

Illegal recoveries from the pension of a retired Havildar, Indian Army – Armed Forces Tribunal stayed the recovery

 

Laxmi Narain is a retired Havildar, Indian Army. He retired/discharged from service on 01.11.1974. As on date, Laxmi Narain is 78 years old.

 

Laxmi Narain has no source of income except pension which he receives from the Indian Army. Vide Order dated 09.05.2022, it was declared by the Indian Army that Laxmi Narain has received excess pension w.e.f. 09.08.2010 and, accordingly, directed the concerned bank to make recoveries from the pension of Laxmi Narain.

 

Being aggrieved by the order dated 09.05.2022, Laxmi Narain filed an Original Application (OA No. 1492/2022) before the Armed Forces Tribunal, Principal Bench, New Delhi. Laxmi Narain submitted before the Tribunal that in terms of the law declared by the Hon’ble Supreme Court in State of Punjab Vs. Rafiq Masi, AIR 2015 SC 696, no recoveries can be made from the pensionary benefits. It was also submitted that Laxmi Narain was a group ‘C’ employee and, therefore, even otherwise the order of making recoveries from the pension was illegal. It was also submitted that no excess amount on account of pension was paid to Laxmi Narain and, as a matter of fact, he was entitled to receive revised/higher amount of pension than what was being paid to him.

 

In view of the submissions made by Laxmi Narain, the Armed Forces Tribunal, vide Order dated 21.07.2022, issue notice to the Union of India/Indian Army and also, inter-alia, declared as under: -

 

In the meanwhile, there shall be stay of recovery. Respondent No.4 is also directed to instruct the concerned Bank not to make any further recovery.”

 

It may be noted that Laxmi Narain has served the country by participating in Indo China War 1962, Indo Pak War 1965 and also in Indo Pak War 1971.

 

[Ex Hav. Laxmi Narain Vs. Union of India, OA No. 1492/2022, Armed Forces Tribunal, Principal Bench, New Delhi, vide Order dated 21.07.2022]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

Application of Siddharth International Public School seeking extension of time to pay arears of salary – Rejected by Delhi High Court

14.07.2022

Delhi High Court (DB)

 

Application of Siddharth International Public School seeking extension of time to pay arears of salary – Rejected by Delhi High Court

 

Teachers of Siddharth International Public School had filed a writ petition [WP (C) No. 2734/2021] before the Hon’ble Delhi High Court seeking arrears of salary for the period from 01.04.2020 till 30.06.2021. Vide Order dated 03.09.2021, the said writ petition was allowed and the school was directed to pay the arrears of salary along with interest thereupon to be calculated @ 7% per annum.

 

Being aggrieved by the Order dated 03.09.2021, the school preferred an LPA [LPA No. 450/2021] before the Division Bench of the Hon’ble Delhi High Court. The said LPA was disposed of by the Division Bench of the Hon’ble Delhi High Court vide Order dated 24.11.2021. The Order reads as under: -

“(i) That the appellant–school will pay the balance salary, as indicated in paragraph 2.2 of the writ petition, to the concerned teachers for the period spanning between 01.04.2020 and 30.06.2021.

 

(ia) Mr. Anuj Aggarwal, who appears on behalf of the respondents, after receiving instructions from the respondents, has confirmed that the span period would end on 30.06.2021.

 

(ii) The aforementioned amount i.e., the balance salary payable to the respondents would be paid within sixteen [16] weeks, along with simple interest at the rate of 7% per annum.

 

(iii) The period of sixteen [16] weeks will commence from today. The interest will, however, run from the date of the judgment of the learned single judge i.e., 03.09.2021.

 

(iv) In case the balance salary is paid to the respondents at an earlier date, the interest will stand reduced proportionately.”

 

The school, however, failed to comply with the directions passed by the Hon’ble Delhi High Court in Order dated 24.11.2021. Consequently, the teachers were constrained to file a contempt petition [Cont. Case No. 380/2022]. The said contempt petition is pending before the Hon’ble Delhi High Court and is now listed for hearing on 27.09.2022.

 

In the meanwhile, the school filed an application before the Division Bench of the Hon’ble Delhi High Court, thereby seeking extension of time to pay the arrear of salary. The said application was dismissed by the Hon’ble Delhi High Court vide Order dated 14.07.2022. The directive part of the Order dated 14.07.2022 reads as under: -

“6. The order was passed with the consent of the parties and the school was required to pay salary to the teachers within the time framework as directed by the Division Bench of this Court.

 

7. Till date, the salary has not been paid as directed by the learned Single Judge and the Division Bench. Now, the present application has been filed for grant of extension of time for payment of salary.

 

8. Learned counsel for the appellant has argued before this Court that the school is still facing financial crunch and 60% of the arrears have already been paid. Learned counsel for the respondents/ teachers have stated that the school is collecting hefty fees from the students every month and; they have got sufficient resources to pay arrears of salary to the teachers; and instead of clearing the dues, they are repeatedly issuing show-cause notices to the teachers as to why they are demanding salary.

 

9. This Court is of the considered opinion that the order was passed by the learned Single Judge in September 2021 and ten months have passed and the order has not yet been fully complied and therefore no further time can be granted to the appellant school. Resultantly, the application preferred by the school being C.M. No.24015/2022 is rejected.”

 

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Who can be the Manager of a Christian Minority Aided School? Delhi High Court (DB) issued notice to the Central Govt., Delhi Govt. and Victoria Girls Sr. Sec. School and directed them to file reply to the writ petition filed by the Vice Principal of the school challenging the appointment of the Hony. Manager of the school

22.07.2022

Delhi High Court (DB)

 

Who can be the Manager of a Christian Minority Aided School?

Delhi High Court (DB) issued notice to the Central Govt., Delhi Govt. and Victoria Girls Sr. Sec. School and directed them to file reply to the writ petition filed by the Vice Principal of the school challenging the appointment of the Hony. Manager of the school

 

Victoria Girls Sr. Sec. School is a Christian Minority Aided School in Delhi. It was established in the year 1868. Mrs. Charu Singh Rathore is Vice Principal of Victoria Girls Sr. Sec. School and Mr. A. Raja Singh is the Hony. Manager of the said school.

 

Mrs. Charu Singh Rathore challenged the appointment of Mr. A. Raja Singh as the Hony. Manager of the school by filing a Writ Petition [W.P. (C) No. 11002/2022] before the Hon’ble Delhi High Court.

 

Mrs. Charu Singh Rathore in her writ petition submitted that on 01.09.2017, Mr. Raja Singh was appointed as Hony. Manager of the School. Mr. A. Raja Singh was 65 years old at the time of his appointment. He is 70 years old as on date. There is also an FIR under Section 376, IPC, lodged by Delhi Police against Mr. A. Raja Singh. Mr. A. Raja Singh, however, still continues to hold the post of Hony. Manager of the school.

 

Mrs. Charu Singh Rathore further submitted that in terms of Section 5 of the Delhi School Education At, 1973, read with Rule 59 of the Delhi School Education Rules, 1973, the Victoria Girls Sr. Sec. School was required to frame a ‘Scheme of Management’. In the said ‘Scheme of Management’, the school was required to specify the terms and conditions of appointment of the Manager, procedure/conditions for removal of a Manager, qualifications of Manager, etc. The ‘Scheme of Management’ of Victoria Girls Sr. Sec. School is, however, completely silent on the aforesaid crucial aspects.

 

Mrs. Charu Singh Rathore, in her writ petition, submitted that the appointment of Mr. A. Raja Singh as Hony. Manager of the school is illegal. She also submitted that the ‘Scheme of Management’ of the school is contrary to Rule 59 of the Delhi School Education Rules, 1973 as well as Section 5 of the Delhi School Education Act, 1973. She also submitted that Proviso-II to Rule 59 (3) of the Delhi School Education Rules, 1973, is ultra vires and in direct contravention of Section 5 of the Delhi School Education Act, 1973. She also submitted that the school has not taken the approval of the ‘Scheme of Management’ from the Director of Education, Govt. of NCT of Delhi, which the school was legally bound to take from the Director of Education.

 

Considering the submissions made by Mrs. Charu Singh Rathore, the Hon’ble Delhi High Court, vide Order dated 22.07.2022, issued notice to the Central Govt., Delhi Govt. as well as Victoria Girls Sr. Sec. School and directed them to file their replies to the writ petition.

 

Mrs. Charu Singh Rathore also submitted that her mother-in-law is suffering from cancer and her medical reimbursement file has not been processed by the school. The Hon’ble Delhi High Court, accordingly, directed the school to process the medical reimbursement file of Mrs. Charu Singh Rathore within 2 weeks.

 

The next date of hearing of the writ petition is 26.09.2022.

 

[Charu Singh Rathore Versus Victoria Girls Senior Secondary School & Ors., W.P. (C) No. 11002/2022; date of Order = 22.07.2022, Next date of hearing = 26.09.2022]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

Sunday, July 17, 2022

Non-payment of salary for last 17 months to the employees of Hardayal Municipal Heritage Public Library - Delhi High Court issued notice to Hardayal Municipal Heritage Public Library as well as MCD

14.07.2022

Delhi High Court

 

Non-payment of salary for last 17 months to the employees of Hardayal Municipal Heritage Public Library - Delhi High Court issued notice to Hardayal Municipal Heritage Public Library as well as MCD

 

11 employees of Hardayal Municipal Heritage Public Library filed a writ petition in Delhi High Court seeking a direction to the library to release their due salary, which stands unpaid for last 17 months. Hardayal Municipal Heritage Public Library is an autonomous body and is 100% funded by the MCD.

 

 

Mukesh Sharma and 10 others, petitioners in the writ petition, are permanent/confirmed employees of Hardayal Municipal Heritage Public Library. They are holding the posts of Sr. Library Attendant, Library Attendant, Gardner, Counter Clerk, or Computer Operator. They are working for last 17 to 33 years. Despite working regularly, the employees have not been paid their salary since 01.02.2021 by the library.

 

 

Delhi High Court issued notice to the Hardayal Municipal Heritage Public Library as well as MCD and directed them to file reply. Next date of hearing of the writ petition is 20.12.2022.

 

[Mukesh Sharma & Ors. Versus Hardayal Municipal Heritage Public Library & Anr., W. P. (C) 10609/2022, date of Order = 14.07.2022, Hon'ble Ms. Justice Rekha Palli, Delhi High Court]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

Delhi High Court issued notice to Hardayal Municipal Heritage Public Library as well as MCD in a writ petition challenging the election of 4 Subscriber Members of the Managing Committee of the Library

 13.07.2022

Delhi High Court


Delhi High Court issued notice to Hardayal Municipal Heritage Public Library as well as MCD in a writ petition challenging the election of 4 Subscriber Members of the Managing Committee of the Library

 

Hardayal Municipal Heritage Public Library is an autonomous body and is 100% funded by the MCD. As per the Constitution of the Library, total strength of the Managing Committee of the Library is 13 members. 13 members of the Managing Committee are elected/nominated as under: -

(i)               Ex-officio President of the Managing Committee is the Mayor of NDMC

(ii)             6 elected siting members from NDMC

(iii)          1 elected siting member from SDMC

(iv)           1 elected sitting member from EDMC

(v)             4 Subscriber Members, who are elected from the subscribers

 

Petitioner, who was a subscriber member, filed a writ petition in Delhi High Court and submitted that: -

(i)               The entire election process has been conducted in undue haste and in violation of the Constitution as well as General Rules of Hardayal Municipal Heritage Public Library.

 

(ii)             Election Process Rules were framed by the Secretary, who was not competent to frame the Election Process Rules. Only the Managing Committee was competent to frame the Election Process Rules.

 

(iii)          6 persons were appointed as Election Officers by the Secretary and the Secretary was not competent to appoint the Election Officers. Only the Managing Committee could have appointed the Election Officers.

 

(iv)           There was violation of Rule 5 of the General Rules. As per Rule 5, it is the duty of the Secretary to enquire from all the subscribers as to who wants to contest the election. This process has to be done 2 weeks before the date of issuing the voting paper. Rule 5 was completely ignored in the present case.

 

(v)             Only 3 days’ time (i.e., 01.05.2022 to 03.05.2022) was given to fill the nomination forms. Out of 3 days, 2 days were public holidays and the office of the library was not functional.

 

(vi)           Only 4 subscribers filled the nomination form and all the 4 subscribers were declared uncontested elected by the Secretary.

 

Delhi High Court issued notice to the Hardayal Municipal Heritage Public Library as well as MCD and directed them to file reply to the writ petition. Next date of hearing of the writ petition is 08.09.2022.

 

[Puran Chand Versus Hardayal Municipal Heritage Public Library & Ors., Hon'ble Mr. Justice Sanjeev Narula, Delhi High Court, Order dated 13.07.2022, W.P.(C) 7563/2022]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com