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DELHI HIGH COURT
PRATHIBA M.SINGH
South Delhi Municipal Corporation – Appellant
Versus
Horam – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. This is a petition filed by the Petitioner/South Delhi Municipal Corporation (hereinafter "SDMC") challenging the impugned orders dated 17th September, 2021 and 30th September, 2021 passed by the Presiding Officer Industrial Tribunal, Rouse Avenue Court, New Delhi (hereinafter "Labour Court") in ID No.168/16 titled Shri Horam v. MCD, by which the Commissioner, SDMC has been directed to appear in person. The said orders read as under:
Order dated 17.09.2021
"Fresh memo of parties filed. Let the same be taken on record in terms of order dated 03.03.2020.
Today the case is listed for arguments. During arguments, Ld. AR for workman refers to Office Order No. AO/Engg.(HQ)/NDMC/2018/752 dated 22.11.2018 of Administrative Officer, Engineering Deptt. (HQ), North Delhi Municipal Corporation, Civic Centre, JLN Marg, New Delhi-110002. This order has been passed after the judgment of Hon'ble High Court of Delhi in Abid Ali Vs. MCD in SLP (Civil) No.30994-31015/2011 in LPA No.126/2020.
Let Commissioner, concerned MCD shall appear in person to explain the reasons for not complying with judgment passed by
Unjustified summons of public officials undermine their duties; Labour Court must expediently pronounce decisions after hearings.
The Labour Court's practice of repeatedly adjourning the matter for 'clarification if any/order' was improper and contrary to settled law. Failure to inform the Court of the workman's demise and the ....
Unauthorized statements by public officials cannot be relied upon for judicial decisions, necessitating remand for proper adjudication under the Industrial Disputes Act.
The court reaffirmed the limits of Article 226 jurisdiction, emphasizing the need for clear evidence when disputing determined pay scales for workmen.
The main legal point established in the judgment is the entitlement of long-serving employees to be treated as permanent regular employees and the inapplicability of new recruitment conditions to exi....
The court ruled on the improper procedure followed in disciplinary proceedings, emphasizing that lack of evidence rendered the misconduct allegations unproven, leading to compensation for the employe....
Statements made by officers in authority require proper authorization to be valid; unauthorized assertions can undermine judicial trust and complicate proceedings.
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
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