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
| 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
Statements made by officers in authority require proper authorization to be valid; unauthorized assertions can undermine judicial trust and complicate proceedings.
Unauthorized statements by public officials cannot be relied upon for judicial decisions, necessitating remand for proper adjudication under the Industrial Disputes Act.
The appropriate government lacks jurisdiction under Section 33C(1) to issue recovery orders without prior adjudication of the workers' claims, emphasizing that such claims must arise from recognized ....
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 ....
The limited scope of writ of mandamus and the necessity to establish violation of legal duties or mala fide actions to seek relief.
The main legal point established in the judgment is that a writ of mandamus can be granted only when there is a statutory duty imposed upon the authority concerned and there is a failure on the part ....
The court can issue a writ of mandamus only when there is a statutory duty and failure to discharge it.
The importance of evidence presented before the Labour Court, the limited scope of judicial review, and the impact of delay and suppression of material facts on the petition.
The court emphasized the necessity to demonstrate a violation of legal duties by the respondents to warrant the issuance of a writ of mandamus.
The court emphasized that recovery of excess payments from Group-D employees is impermissible, and actions taken without due process violate principles of natural justice.
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