SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Municipal Corporation of Delhi - Appellant
Versus
Rajo - Respondent
W.P.(C) 15417 of 2022, CM APPLs. 47925-27 of 2022, W.P.(C) 15423 of 2022, CM APPLs. 47945-46 of 2022, CM APPL. 48130 of 2022, W.P.(C) 15427 of 2022, CM APPLs. 47950-51 of 2022, CM APPL. 48131 of 2022, W.P.(C) 15492 of 2022, CM APPLs. 48205-07 of 2022, W.P
Decided On : 11-11-2022




Unauthorized statements by public officials cannot be relied upon for judicial decisions, necessitating remand for proper adjudication under the Industrial Disputes Act.

Headnote:(A) Industrial Disputes Act, 1947 - Section 33-C(2) - Writ petition challenging recovery certificates issued for payment of arrears to workmen - Court directed to remand matter for proper adjudication without relying on an unauthorized statement made by a senior officer of the petitioner-corporation (Paras 1, 16 and 20).

(B) Authorization of Statements - The court emphasized that statements made by senior officials must be based on appropriate authority, affirming judicial trust and integrity in public institutions (Para 6).

(C) Regularization Protocol - It was discussed that proper procedures for regularization of services need to be scrutinized for their legal and procedural adherence (Paras 8 and 12).

Facts of the case:
The appellant questioned the legality of recovery orders on the basis of an unauthorized statement made by a senior official, alleging that the corporation had not instructed him to make such claims before the Labour Court.

Findings of Court:
The court found the officer's statement to be unauthorized and directed a remand to the Labour Court for proper resolution of the claim independently (Paras 17 and 19).

Issues: The main issues involved the authority of the officer's statement concerning the entitlement of workmen regarding arrears and the procedural regularization of their employment.

Ratio Decidendi: The court established that unauthorized statements by public officials could not be trusted for judicial determinations, thus requiring a remand to the Labour Court for proper adjudication of pay and arrears claims (Paras 16-20).

Result: Writ petitions disposed of; recovery certificates remain in abeyance until properly adjudicated by the Labour Court.

Table of Content
1. amendment of prayer clauses in writ petition. (Para 1 , 2)
2. court's trust in officer's statements vs unauthorized statements. (Para 3 , 6 , 12)
3. arguments on validity of officer's statements. (Para 4 , 5 , 10 , 16)
4. entitlement issues regarding pay and regularization. (Para 8 , 9)
5. conclusion and disposal of petitions. (Para 14 , 15)
6. court's directive to review labour court's decision. (Para 17)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. Earlier MCD had filed a writ petition bearing W.P. (C) No. 14377/2022 tiled as "Municipal Corporation of Delhi vs. Deputy Labour Commissioner & Ors." dated 14th October, 2022 in which the following order was passed;

    "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 natu

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top