Allowed

Lca No. 1519 of 2019 of Sh. Chander Pal v. MCD

CGIT8 Nov 2024LCA No. 1519 of 2019

Case brief

AI extract

What is this about?

The Industrial Disputes Tribunal allowed a claim for arrears of salary, increments, and allowances totaling Rs. 2,69,326 for regularization dated 01.04.1989. The Tribunal denied the claim for interest as it exceeds its statutory power but implied 6% interest for delayed payment.

What did the court decide?

Management directed to pay Rs. 2,69,326 within 30 days with 6% interest on the full amount from filing date if not paid.

Lca No. 1519 of 2019 of Sh. Chander Pal Vs MCD — Labour and Industrial Disputes | CGIT (2024)

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THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT DELHI – 1, ROOM NO.207, ROUSE AVENUE COURT COMPLEX, NEW DELHI

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LCA NO. 1519/ 2019

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Sh. Chander Pal S/o Shri Ramphool, Through General Secretary, Municipal Employees Union, Aggarwal Bhawan, G.T. Road, Tis Hazari, Delhi 110054 Claimant Versus

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The Commissioner, Municipal Corporation of Delhi Dr. S.P. Mukherjee Civic Center Jawahar Lal Nehru Marg, Minto Road, Delhi- 110002 Management

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Shri Rajiv Agarwal, A/R, for the claimant None for the management

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ORDER

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An application was moved by the claimant, under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter “the Act”) with the averments that he joined service with the management as Mali. His services were regularized on the post of Mali with retrospective effect i.e., 01.04.1989. The claimant had been discharging service to the entire satisfaction of his superiors till 31.08.2023 when he retired from service. But the claimant has not been paid any arrears of matric/non-matric, arrears of 1^ST MACP, arrears of 2^nd MACP, difference of salary due to 7^th CPC amount of Rs. 2,69,326/- (Rupees Two Lakhs Sixty Nine Thousand Three Hundred And Twenty Six Only). The claimant further claims interest on the due amount @ 18% per annum and litigation cost. The claim of the claimant has remained unrebutted and the management was proceeded as ex-parte on 05.12.2023

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At the stage of evidence, the claimant filed his affidavit and examined himself as WW1. In his examination in chief, the workman also relied upon documents Ex

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WW1/1 to Ex WW1/3. No one turned up from the management side for cross examination of the workman witness. The cross examination of the workman witness was treated as nil. Workman evidence was thereafter closed. Management neither appeared nor led evidence. The management evidence was closed.

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I have gone through the pleadings and documents placed on record by the parties and have heard the arguments from the AR of the Claimant. The workman has proved that the workman was regularized w.e.f. 01.04.1989. The management failed to rebut the claim of the workman. In view of this the claim of the claimant regarding arrears of matric/non-matric, arrears of 1ST MACP, arrears of 2nd MACP, difference of salary due to 7th CPC to the tune of total accrued amount of Rs. 2,69,326/- deserves to be allowed.

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Though the claimant has prayed for interest @18% per annum, the same is not allowed in view of the fact that in a petition u/s 33 (C)(2) of the ID Act, the Tribunal is only empowered to compute the amount but cannot confer a new right on the workman like interest. Similar view has been taken in the case of Union of India vs. Presiding Officer CGIT in 1984 AISLJ 567 and by the Hon’ble High Court of Delhi in the case of King Airways vs. Captain Manjit Singh decided in WPC No. 2666 of 2010.

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Management is directed to pay the amount of Rs. 2,69,326/- within a period of 30 days. If the computed amount of Rs. 2,69,326/- is not made within a period of 30 days hereof, the management shall be liable to pay 6% interest on the full amount from the date of filing this application i.e., 02.09.2019 till realization. An order is, accordingly, passed. File, after completion, be consigned to record room.

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Justice Vikas Kunvar Srivastava Presiding Officer Retired Judge of High Court of Allahabad November 08, 2024

Lca No. 1519 of 2019 of Sh. Chander Pal v. MCD

Case brief

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Lca No. 1519 of 2019 of Sh. Chander Pal v. MCD

Case brief

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