Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ex No 1550 /23
Prem Lata Vs MCD
11.07.2025
Present: Sh Ayush Garg Ld Counsel for DH.
Sh Ankit Kaushal Counsel for JD.(through VC) a/w Sh Prabhat
Kumar, Section Officer.
In the present case vide award dt 13.12.2023, an amount of Rs 12,74,228/-
was awarded in favour of DH together with interest. It is submitted by Ld counsel for
DH that the aforesaid petition was filed before Ld Labour Court in the year 2019.
Perusal of the order dt 13.12.2023 shows that no calculation chart showing the amount
due towards the DH was filed before Ld Labour Court by the JD/MCD. The office of the
MCD despite repeated orders as passed by Ld Labour Court had grossly failed to apprise
the Ld Labour Court that the amount as sought by the DH was infact not payable to the
DH. Accordingly, having left with no other alternative, the Ld Labour Court based upon
the calculations filed by the DH had awarded the amount of Rs 12,74,228/- alongwith
interest @ 6 %. The aforesaid award was passed on 13.12.2023. This goes to show that
the aforesaid LCA petition remained pending before Ld Labour Court for a period of 4
years and during this entire period the MCD/JD had failed to apprise the Ld Labour
Court that the amount of Rs 12,74,228 was not payable to the claimant/workman.
The present execution petition was filed by the DH in this court on
22.12.2023. Vide order dt 18.01.2024, directions were issued to the JD to file detailed
calculation report, for which time was sought by the JD as recorded vide order dt
19.04.2024. Since it was submitted by the Ld Counsel for the JD and as recorded in the
order dt 05.07.2024 that no instructions have been received by the Ld Counsel for the
JD, despite due intimation given to the department, the bankers cheque received towards
the principal amount as awarded by the Ld Labour Court was ordered to be released to
the DH. Once again
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directions were issued to the JD to apprise the court about the quantum of interest
payable to the DH as per the award of Ld Labour Court. Directions were once again
issued to the JD vide order dt 13.09.2024 to file its calculation sheet towards interest
which despite directions and as recorded vide order dt 10.01.2025 had not been filed on
which date directions were issued to release the bankers cheque dt 12.09.2024 for an
amount of Rs 12,74,228/-.
As recorded vide order dt 04.04.2025 the concerned official present in the
court had sought time to file computation of interest in terms of order dt 13.12.2023 as
passed by Ld Labour Court. Till the passing of the order dt 04.04.2025, not even a
whisper was made by the JD to the effect that the principal amount of Rs 12,74,228/-
was not payable to the DH or that instead of the said amount any other amount was
payable to the DH.
Today, a photocopy of the reply has been filed on behalf of the JD thereby
for the first time bringing forth the fact that instead of the awarded amount of Rs
12,74,228/- only an amount of Rs 1,37,949/- is due and payable to the DH and interest
@ 1,05,532 is payable thereupon.
The import of the silence maintained by the JD for the entire period of
pendency of the petition before Ld Labour Court and also before this court appears to be
malafide warranting detailed inquiry into the conduct of the concerned officials in the
present matter. The public money entrusted to the custody of JD is being squandered by
the JD solely due to the conduct of its employees who are maintaining silence and are
thus permitting the payments of the money which infact is not payable and they only
wake from slumber after the money stands released. This unfortunate conduct of the JD
is being noted by the court in various matters which are pending before this court.
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Keeping in view the aforesaid, it is deemed appropriate that directions be issued to
the Commissioner, MCD to initiate appropriate inquiry into the conduct of their officials
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who are responsible for calculating the due entitlement of their employees and are thus
responsible for protecting the public money which solely due to their inaction incurs the
risk of being squandered as is evident from the facts and circumstances of the present
case. The Commissioner MCD is further directed to issue directions for conducting an
audit in respect of all the matters pending/decreed by the Ld Labour Court so as to
ascertain the number of cases in which orders have been passed solely due to the reason
that the department has not apprised the court about the due entitlement of the claims as
preferred by the employees of the MCD so that the responsibility can be fixed upon the
concerned delinquent officials of the MCD and steps be taken so as to safeguard the
funds of public ex-chequer.
A copy of the present order be placed before MCD Commissioner as well as
to the Chief Secretary, Govt of NCT Delhi for necessary information.
Looking into the fact that the Ld Labour Court vide its order dt 13.12.2023
has directed the payment of interest from the date the benefits are due, let service book
of Smt Prem Lata be produced on the NDOH showing the date from which the benefits
are due to her.
Re-notify the matter for further proceedings on 19.09.2025.
(Sachin Sood)
DJ-01, (Central)
THC, Delhi/11.07.2025
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