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Wednesday, February 27, 2019
Sunday, February 17, 2019
05 February 2019 – Delhi School Tribunal – Simmi Khatpal Vs. Hanuman Mandir Public School - Unrecognized schools in Delhi are bound by the provisions of the Delhi School Education Act, 1973 - Termination of service held illegal and directed reinstatement in service
Simmi Khathpal, Assistant Teacher, was
terminated from service by Hanuman Mandir Public School. The termination of
service was not in accordance with the provisions of the Delhi School Education
Act, 1973.
Anuj Aggarwal, Advocate, appearing for
Ms. Simmi Khatpal, submitted that even unrecognized schools in Delhi are bound
by the provisions of the Delhi School Education Act, 1973 and termination of
service in violation of the provisions of the Delhi School Education Act, 1973
is illegal. It was also submitted on behalf of Ms. Simmi Khatpal that after
working for 3 years, an employee is deemed to be a confirmed/permanent
employee.
Shri V.K. Maheshwari, Presiding Officer,
Delhi School Tribunal, Delhi, accepted the submissions made on behalf of Ms. Simmi
Khatpal and declared the termination of her service as illegal. The Hon’ble
Tribunal directed the school to reinstate Ms. Simmi Khatpal in service and also
declared that Ms. Simmi Khatpal was a deemed confirmed employee.
Thursday, January 10, 2019
25 years after removal from service, 10 years after his death, DTC conductor gets exonerated from the charge of misappropriating Re. 1/- - Delhi High Court directed the DTC to pay full back wages up to the date of death, all terminal dues and allowed the appeal with cost of Rs. 20,000/- and interest to be calculated @ 6% p.a.
10.01.2019 –
Delhi High Court (Division Bench) – L.P.A. No. 484/2017 – “Shirani Devi & Ors. vs. The Management of M/s Delhi Transport Corporation”
On the
allegation of misappropriating one rupee, Late Ambika Ram was removed from DTC
service in the year 1993. Charge against Ambika Ram was that while working as a
conductor with DTC, he sold/gave Re. 1/- ticket but charged Rs. 2/- for the
same from a passenger.
Ambika Ram succeeded
before the Labour Court in the year 2002 but Hon’ble Delhi High Court (Single
Bench), vide Order dated 19.04.2017, reversed the findings of the Labour Court
and upheld the removal order. During the pendency of the case before the Hon’ble
Delhi High Court (Single Bench), Ambika Ram expired in the year 2008. Legal heirs
of Late Ambika Ram preferred a Letters Patent Appeal (L.P.A. No. 484/2017) against
the Order dated 19.04.2017 before the Division Bench of Hon’ble Delhi High
Court.
Anuj Aggarwal,
Advocate, appearing for the legal heirs of Late Ambika Ram, submitted that
there was absolutely no evidence to hold Ambika Ram guilty. It was further
submitted that Ambika Ram had offered to check his cash bag and the checking
team failed to check his cash bag despite the said offer.
Hon'ble Dr. Justice
S. Muralidhar & Hon'ble Mr. Justice Sanjeev Narula, Delhi High Court, accepted
the submissions made on behalf of the deceased conductor and allowed the appeal
with cost of Rs. 20,000/-. It was declared that the legal heirs of the deceased
workman would be entitled to full back wages from the date of removal from
service up to the date of death with all the terminal benefits along with
interest thereupon @ 6% p.a.
Sunday, January 6, 2019
21.12.2018 – Delhi High Court (Division Bench) - Recovery of excess payment from the retiral dues of a group ‘C’ employee – Held, illegal - Employee held entitled to refund of the recoveries made by the employer (NDMC)
On 21.12.2018,
the Division Bench of the Hon’ble Delhi High Court declared that excess payment
made by the employer to the employee cannot be recovered from the retiral dues
of the employee.
Anuj Aggarwal
& Tenzing Thinlay Lepcha, Advocates, counsels for the employee, submitted
that Shri. Sukhbir Singh was a group ‘C’ employee and the recovery from his
retiral dues was impermissible in law.
Hon'ble Mr. Justice
Vipin Sanghi & Hon'ble Mr. Justice A.K. Chawla, Delhi High Court, accepted
the submission made on behalf of the employee and directed the employer (North
Delhi Municipal Corporation) to refund the recoveries made from the retiral
dues of Shri. Sukhbir Singh.
Sunday, December 16, 2018
Labour Court, Dwarka - Burden of proving employer & employee relationship is upon the worker and the said burden can be discharged only by leading cogent evidence
On 14 December
2018, Labour Court, Dwarka, passed an Award in LIR No. 1937/16,
wherein it was held that the workers therein are not entitled to any relief.
Anuj Aggarwal,
Advocate, appearing for M/s Frigorifico Allana Pvt. Ltd. (management), argued
that the burden of proving the employer and employee relationship is upon the worker
and the workmen, in the case, had not produced any document to prove that they
were employees of the management.
Shri Lokesh Kumar Sharma,
Addl. District & Sessions Judge, Presiding Officer,
Labour Court – XIX, Dwarka Courts, Delhi, accepted the
submission made by the counsel for the management and declared that there is no
employer and employee relationship between the management and the workers and,
therefore the workers are not entitled to any relief. Reference was, thus,
answered in favour of the management.
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Sunday, December 2, 2018
Sexual Harassment of a female sweeper
Sexual Harassment of a female sweeper - Termination
of service by Guru Nanak Public School of a driver and a conductor on the
allegations of Sexual Harassment of a female sweeper – Delhi School Tribunal
declared the termination of service of both the employees as illegal and
directed the School to reinstatement them in service
On
20.11.2018, the Hon’ble Delhi School Tribunal, in Appeal No. 17/2018 and Appeal
No. 18/2018, declared the termination of service of 2 employees (Karamvir and
Amit) as illegal and directed Guru Nanak
Public School to reinstatement them in service. The services of both the
employees were terminated on the alleged ground of sexual harassment of a
female sweeper.
Shri. Karamvir and Shri. Amit were working as
driver and conductor respectively with Guru Nanak Public School, Pushpanjali
Enclave, Pitampura, Delhi-110034. On 13.09.2017, an FIR [FIR No. 1246] was
registered by a female sweeper against Karamvir and Amit with the allegations
of sexual harassment. Next day i.e. on 14.09.2018, vide letter/order dated
14.09.2017, the services of both the employees were terminated.
Anuj Aggarwal, Advocate, counsel for Karamvir
and Amit, submitted that the termination of service of both the employees was
in complete violation of the principles of natural justice, provisions of the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013, provisions of the Delhi School Education Act, 1973 and the Rules
made thereunder.
Shri. V.K. Maehshwari, Presiding Officer, Delhi
School Tribunal, Delhi, accepted the submissions made by Anuj Aggarwal,
Advocate and declared that the termination orders dated 14.09.2017 were illegal
and, consequently, directed Guru Nanak Public School to reinstate both the
employees in service.
Monday, November 5, 2018
Labour Court, Dwarka – Illegal termination of service of a Sr. Service Technician by M/s BSH Household Appliances Manufacturing Pvt. Ltd. – Labour Court awarded reinstatement in service with full back wages, continuity of service and with all other consequential benefits
On
11 October, 2018, Labour Court, Dwarka, declared the termination of service of a
Sr. Service Technician (Sh. Vikas Kumar Sharma) by M/s BSH Household Appliances
Manufacturing Pvt. Ltd. as illegal and awarded reinstatement in service with full
back wages, continuity of service and with all other consequential benefits.
Sh.
Vikas Kumar Sharma (workman) was appointed by M/s B.S.H. Household Appliances Manufacturing
Pvt. Ltd. (management) on 08.03.2004. After working continuously for almost 10
years, the management terminated the service of the workman on 19.01.2014.
Contention of the management was that the workman was an employee of a
contractor and there was no employer-employee relationship between the
management and the workman.
Anuj
Aggarwal & Ashish Jha, Advocates, appearing for the workman, argued that
the appointment letter, confirmation letter as well as the promotional letters
were issued by the management and, therefore, M/s B.S.H. Household Appliances Manufacturing
Pvt. Ltd. was the employer of the workman and the action of the management of
terminating the services of the workman was illegal and in violation of the provisions
of the Industrial Disputes Act, 1947.
Sh.
Vinay Singhal, Addl. District & Sessions Judge, POLC–V, Dwarka Courts,
Delhi, accepted the submissions made the counsels for the workman. The Hon’ble
Labour Court declared the termination as illegal and directed M/s B.S.H.
Household Appliances Manufacturing Pvt. Ltd. to reinstatement the workman in
service with full back wages along with continuity of service and with all other
consequential benefits.
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