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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Municipal Corporation of Delhi - Appellant
Versus
Deputy Labour Commisioner - Respondent
W.P.(C) 14377 of 2022, CM Appl. 43884 of 2022, CM Appl. 43894 of 2022
Decided On : 14-10-2022




Statements made by officers in authority require proper authorization to be valid; unauthorized assertions can undermine judicial trust and complicate proceedings.

Headnote:(A) Industrial Disputes Act, 1947 - Section 33-C (2) - Writ petition challenging Recovery Certificates and attachment notices issued against the Municipal Corporation for arrears and pay fixation not supported by a valid authorization. (Paras 1, 4, 6, 17)

(B) The court noted unauthorized statements made by an Assistant Commissioner complicate proceedings and erode trust, necessitating strict action. (Paras 6)

(C) The court emphasized that both parties are at liberty to raise all contentions at the Labour Court regarding claims and responses under the Act. (Paras 18)

Facts of the case:
The petitioner corporation challenged an order mandating payment of arrears under Section 33-C (2), asserting that an officer's statement made on oath was unauthorized and contrary to filed records. (Paras 1, 4, 5)

Findings of Court:
While acknowledging serious issues with the officer’s statement, the court advised remanding the matter for a fresh decision on the application while staying the recovery certificates. (Paras 17, 20)

Issues: The issues revolved around the validity of the officer's statement made without authorization and the associated implications for the recovery of dues.

Ratio Decidendi: The court held that the officer's unauthorized statement undermined the process and emphasized the need for careful adjudication at the Labour Court, independent of the contested statement. (Paras 17, 20)

Result: The petition was disposed of with directions for proceedings to continue in the Labour Court.

Table of Content
1. challenge to order based on a statement. (Para 1 , 2)
2. allegation of unauthorized statement. (Para 3 , 4 , 5)
3. court's concerns on unauthorized statements. (Para 6 , 7)
4. regularization status of employees. (Para 8 , 9 , 10 , 12 , 13)
5. arguments for and against regularization. (Para 14 , 15 , 16)
6. remand of case for further adjudication. (Para 17 , 18 , 20)
7. final order disposing the petition. (Para 21)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CM APPL. 44647/2022 (for amendment)

Present application has been moved seeking amendment in the prayer clause of the writ petition. Learned counsel for the petitioner submits that in the earlier writ petition, the petitioner inadvertently prayed as follows:

(a) Issue a writ of certiorari or any other writ of like nature quashing the impugned Recovery Certificate dated 05.11.2021 issued by the office of Deputy Labour Commissioner, District-East/North East, Vishwakarma Nagar, Jhilmil Colony, Shahdara, Delhi-95 vide S.No.F.23(523)/Imp/Lab/E/2021/7813 for a sum of Rs.55,00,000/- plus 8% interest, S.No.F.23(524)/Imp/Lab/E/2021/7816 for a sum of Rs.55,00,000/- plus 8% interest and vide S.No.F.23 (524)/Imp/Lab/E/2021/7768 for a sum of Rs.35,75,000/- plus 8% interest LCA No.1927/20, 1928/20, 1929/20,1931/20,1932/20,1933/20, 1934/20, 1935/20, 1936/20, 1937/20, 1938/20, 1939/20, 2014/20, 2015/20, 2016/20, 2017/20, 2018/20, 2019/20, 2020/20, 2021/20, 2022/20, 2023/20, 2024/20, 2025/20, 2027/20, 2028/20, 2029/20. 2030/20, 2031/20, 2032/20, 2033/20, 2034/20, 2035/20, 2036/20, 2037/20, 2038/20,2039/20,2040/20, 2041/20, 2042/20, 2043/20, 2044/20, 2045/20, 2047/20,2048/20, 2065/20, 2066/20, 2067/20, 2068/20, 2069/20, 2070/20, 2071/20, 2072/20 & 2073/20 dated 13.01.2021

(b) Set-aside the impugned attachment notice No.SDM/VV/2022/1479-87 issued by the Office of the Assistant Collector Grade-II (Vivek Vihar), in the interest of justice, as it is a policy matter.

(c) May remand the matter back to the Ld.Trial Court to R Reconsider and/or Review the Resolution No.212 dated 13.12.2014 (Annexure A-4) and also circular dated 02.03.2020 (Annexure A-6) passed by the Petitioner, in the interest of justice, as it is policy matter.

(d) Set up an enquiry against the Union through which the Respondent workmen are claiming -Nagar Nigam Karamchari Sangh Delhi Pradesh, P-2/624, Sultanpuri:

(e) Pass any other Order/orders which this Hon'ble Court may deem fit and proper in the interest of justice.

Learned senior counsel for the petitioner submits that by way of amendment, the petitioner wants to incorporate the following prayer clauses:

A. Issue a writ of certiorari or any other writ of like nature quashing the impugned award dated 13.01.2021 in LCA No.1927/20, 1928/20, 1929/20,1931/20,1932/20,1933/20, 1934/20, 1935/20, 1936/20, 1937/20, 1938/20, 1939/20, 2014/20, 2015/20, 2016/20, 2017/20, 2018/20, 2019/20, 2020/20, 2021/20, 2022/20, 2023/20, 2024/20, 2025/20, 2027/20, 2028/20, 2029/20. 2030/20, 2031/20, 2032/20, 2033/20, 2034/20, 2035/20, 2036/20, 2037/20, 2038/20,2039/20,2040/20, 2041/20, 2042/20, 2043/20, 2044/20, 2045/20, 2047/20,2048/20, 2065/20, 2066/20, 2067/20, 2068/20, 2069/20, 2070/20, 2071/20, 2072/20 & 2073/20;

B. Issue a writ of certiorari or any other writ of like nature quashing the impugned Recovery Certificates dated 05.11.2021 issued by the Office of the Deputy Labour Commissioner, District-East/North East, Vishwakarma Nagar, Jhilmil Colony, Shahdara, Delhi-95 vide S.No.F.23(523)/Imp/Lab/E/2021/7813 for a sum of Rs.55,00,000/- plus 8% interest, S.No.F.23(524)/Imp/Lab/E/2021/7816 for a sum of Rs.55,00,000/- plus 8% interest and vide S.No.F.23(524)/Imp/Lab/E/2021/7768 for a sum of Rs.35,75,000/- plus 8% interest;

C. Issue a writ of certiorari or any other writ of like nature quashing the impugned attachment notices No.SDM/VV/2022/1479-87 and also No.SDM/VV/2022/1488-1495 issued by the Office of the Assistant Collector Grade-II (Vivek Vihar) dated 30.03.2022 in the interest of justice

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