Id No. 215 of 2022 of Sh. Virender v. MCD
Case brief
What is this about?
The Tribunal considered a reference regarding an equal pay for equal work claim and pension arrears. Finding that the claimant union and workman failed to file a required statement of claim despite proper service of notice, the Tribunal passed a No Dispute/Claim award for lack of adjudication. The headnote: The Tribunal passed a No Dispute/Claim award in a reference under Section 10(d) of the Indu
What did the court decide?
Award sent to the appropriate Government for publication.
What the court decided
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT DELHI - 1, NEW DELHI.
ID No. 215/2022
Sh. Virender S/o Sh. Pheru, Rept. By General Secretary, Municipal Employees Union, Agarwal Bhawan, G.T. Road, Tis Hazari-110054.
Workman…
Versus
The Commissioner, Municipal Corporation of Delhi, Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi-110002.
Management…
AWARD
In the present case, a reference was received from the appropriate Government vide letter No. L-42011/209/2022 (IR(DU)) dated 28.06.2022 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Act, for adjudication of a dispute, terms of which are as under:
The Schedule
“ Whether demand of Shri Virender s/o Sh. Pheru vide letter dated 30.09.2021 through Municipal Employees’ Union, Delhi to the management of North Delhi Municipal Corporation (NDMC) for payment of the entire difference of salary with all arrears on the principle of “Equal Pay for Equal Work” from the date of his initial joining till the actual date of regularization (i.e. 14.11.1994 to 31.03.2003) and counting the entire services rendered by workman concerned as daily wager employee (i.e. 14.11.1994 to 31.03.2003) for the purpose of grant of pension to him and for all other retiral – cum death benefits, is proper, legal, justified and devoid of unreasonable delay? If yes, to what reliefs are the disputant worker entitled and what direction, if any, is necessary in the matter?”
Issues for consideration
2 issues framed by the court
Whether the Tribunal can pass a No Dispute/Claim award when the claimant fails to file a statement of claim despite multiple notices.
Whether the workman's non-participation in the proceedings due to lack of claim statement justifies deciding the reference without merits.
Parties & counsel
- applicant
Sh. Virender S/o Sh. Pheru
- respondent
The Commissioner, Municipal Corporation of Delhi
Coram
Justice Vikas Kunvar Srivastava
Case details
As recorded by the court registry
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