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]
https://www.advocateanujaggarwal.com/home.php
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
No comments:
Post a Comment