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

 

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