The main legal point established in the judgment is the limited scope of interference by a writ Court in cases involving awards passed by a Labour Court, emphasizing that such interference should be sparingly exercised and only in appropriate cases where a grave failure of justice has occurred.

JUDGMENT

Rekha Palli, J. (Oral)

1. The present decision disposes of four writ petitions all assailing similar recovery certificates issued by Deputy Labour Commissioner under section 33(C)(1) of the Industrial Disputes Act, 1947 (the Act). Since all the recovery certificates relate to the same award dated 13.05.1988, passed by the learned Industrial Tribunal as also the fact that identical grounds have been raised in all the petitions, the same are being decided by this common order. However, for the sake of convenience, the facts of W.P.(C) 3978/2016 are being referred to hereinafter.

2. The present petition seeks to assail the recovery certificate dated 31.12.2015, issued by Deputy Labour Commissioner under section 33(C)(1) of the Act vide which the petitioner has been directed to pay a sum of Rs.1,75,071/- to the respondent no.2 towards her differential wages for the period between 31.07.2013 to 31.07.2015.

3. Since the impugned recovery certificate was a non-speaking order, this Court, vide it's order dated 06.04.2017, granted liberty to the petitioner to submit a representation to the learned Deputy Labour Commissioner with a direction to the learned Commissioner to pass a reasoned order after considering the submissions of the parties. Pursuant thereto, the learned commissioner has passed an order dated 06.04.2017 reiterating that the sum of Rs.1,75,071/- as per the recovery certificate issued on 31.12.2015, was payable by the petitioner.

4. In support of the petition, learned counsel for the petitioner vehemently submits that the order dated 06.04.2017 incorrectly records that the respondent workman, while working as a ANM/B Grade Nurse, had in fact worked for more than 10 years against the post of an "A" grade staff nurse, which was evident from the fact that the management itself had paid the differential wages to her till 30.06.2013. She submits that the factual position is otherwise, as the petitioner has now records to show that the respondent never worked on the post of a grade 'A. nurse and therefore, prays that the impugned recovery certificate be set aside.

5. On the other hand, Ms. Meghna De, learned counsel for the respondent supports the impugned certificate and submits that the award having been passed way back on 13.05.1988, the respondent has already been deprived of her rightful claim for the last many years despite the repeated findings of the learned Deputy Labour Commissioner that she was entitled to receive the pay of grade 'A. nurse. She submits that as per the award, all the B- Grade Staff Nurses and Auxiliary Nurse, Midwives who had completed three years. service and were posted against the post of 'A. Grade Staff Nurses would be entitled to the pay of A-Grade Staff Nurses for the period during which they worked against the post of 'A. Grade Staff Nurse. She, therefore, contends that once it has been found that the respondent no. 2 was working against the post of 'A. grade staff nurse, she was entitled to receive the salary of the said post. She, thus, prays that the Writ Petition be dismissed.

6. In order to appreciate rival submissions of the parties, it would be appropriate to refer in extenso the order dated 06.04.2017, passed by the learned Deputy Labour Commissioner, wherein he has dealt in detail with the rival submissions of the parties. The same reads as under:

"In compliance of the order of the Hon'ble High Court of Delhi in CWP No. 3978/16 dated 06/01/2017 in the matter referred above (SDMC V/s Dy. Labour Commissioner & Ors.). The Management/SDMC Health Department Office of the Additional DHA E - Block 18th Floor, Dr. SPM Civic Centre, JLN Marg, New Delhi - 110002 filed their representation Vide no. AO (H}/HQ/M&TB/SDMC/2017/1984 dated 08/03/2017 before the DLC/Authority (South) to revoke the recovery certificate issued on 31/12/2015.

The Management has submitted in their representation that in order to implement the Award dated 13.05.1988, MCD has issued an Office Order bearing No.