Point of Law : Procedure for implementation of the awards - If any modification is required in Scheme formulated by this Court, Implementation Committee shall be empowered to do needful.

JUDGMENT :

1. The petitioner has filed this writ petition seeking implementation of the award dated 16th May, 2012 passed by the Industrial Tribunal whereby the petitioner was awarded reinstatement with back wages.

2. This writ petition was taken up for consideration on 08th December, 2016 when this Court noted that there was no prescribed procedure for implementation of the awards. This Court noted that the Recovery Officers were not holding proceedings in open Court, daily cause lists were not being displayed outside the Court room and the orders passed were not released on the website of the Court.

3. On 08th December, 2016, this Court constituted a Committee comprising of Mr. Rahul Mehra, learned Senior Standing Counsel for Government of NCT of Delhi (as he then was); Principal Secretary - Law and Justice, Government of NCT of Delhi; Secretary – Labour, Government of NCT of Delhi; Chief Labour Commissioner – Central; Mr. Sanjoy Ghose, learned Additional Standing Counsel for Government of NCT of Delhi (as he then was) and Mr. Rajiv Agarwal, Advocate to formulate the procedure for the proceedings before the Recovery Officer. The aforesaid Committee deliberated upon the matter and submitted the report dated 24th March, 2017. This Court accepted the report on 27th March, 2017.

4. Vide order dated 27th March, 2017, this Court, after considering the Report of the Committee, exercised the extra-ordinary writ jurisdiction to streamline and regulate the procedure to be followed by the SDMs/Recovery Officers. The guidelines issued by this Court are reproduced hereunder:

“1. The Committee appointed by this Court vide order dated 8th December, 2016 has submitted its report along with the proposed guidelines. The original report has been perused and the proposed guidelines are accepted, subject to the following: -

1.1. Delays and difficulties in execution of awards/orders erode public confidence and trust in justice delivery system. To prevent such delays, the SDM shall direct the respondent to be present in Court (and even ensure his presence by coercive process) to receive such information or documents as will aid in the execution of the decree.

1.2. The most important aspect in execution proceedings is to ascertain the assets/means of the respondent to satisfy the award/order and, therefore, in fresh cases the SDM shall direct the respondent on the very first hearing to file an affidavit of his assets, income and expenditure in the form attached hereto as Annexure-A within 30 days of the receipt of the notice. With respect to the pending matters, direction to file the affidavit of assets, income and expenditure be issued within 15 days of the commencement of these guidelines.

1.3. The notice issued to the respondent shall indicate the direction to file the aforesaid affidavit within 30 days of the receipt of the notice and Annexure-A shall be attached to the notice. The notice shall also indicate that the proceedings for detention of the respondent may be initiated in the event of the non-filing of the affidavit within 30 days of the receipt of the notice. The notice shall also indicate that the respondent shall remain present before the Court.

1.4. If the respondent files the affidavit but is not willing to satisfy the award/order, the SDM shall proceed to attach the assets of the respondent in accordance with law.

1.5. Upon the aforesaid affidavit being filed, the SDM may examine the respondent and/or conduct an inquiry to examine whether the respondent has truly disclosed his assets, income and expenditure in his affidavit.

1.6. If the respondent fails to appear and file the affidavit of his assets, income and expenditure, the SDM may initiate proceedings for his detention in accordance with law.

1.7. The SDM shall follow the principles of natural justice by affording a reasonable opportunity to the respondent.

1.8. All proceedings before the SDM shall be held in open Court. The daily cause list of the cases shall be displayed outside the Cou