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2023 Supreme(Del) 5980

SATISH CHANDRA SHARMA, SANJEEV NARULA
Rohtash Kumar – Appellant
Versus
South Delhi Municipal Coporation – Respondent


Advocates appeared:
Mr. Varun Prasad, Advocate, for the Appellant.
Mr. Tushar Sannu, Standing Counsel, for the Respondent.

JUDGMENT

Satish Chandra Sharma, C.J. - The present Letters Patent Appeal ("LPA") arises out of an order dated 06.12.2018, passed by the learned Single Judge in W.P.(C.) No. 5770/2013 and other connected matters ("Impugned Order"). The facts of the case reveal that a writ petition was preferred by the South Delhi Municipal Corporation (the "SDMC") being aggrieved by a recovery certificate dated 29.08.2013 ("the Recovery Certificate") which was issued by the Deputy Labour Commissioner, Govt. of NCT of Delhi, wherein it was stated that a sum of Rs.45,21,402/- is recoverable from the SDMC in pursuance to the implementation of the Award dated 01.04.2006 ("the ID Award") passed in favor of the Appellant-herein by the Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi, in Industrial Dispute No. 08/2004 ("the Industrial Dispute").

2. The present case has a chequered history and the facts of the case reveal that the workmen through MCD General Mazdoor Union ("MGMU") raised the Industrial Dispute and a reference was made by the appropriate Government i.e., Secretary (Labour), Government of NCT of Delhi ("GNCTD") for adjudication to the Industrial Tribunal. The reference made


































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