Allowed

Sh. Sunder v. MCD

CGIT11 Nov 2024LCA No. 387/2021

Case brief

AI extract

What is this about?

The Tribunal allowed the claimant's application for arrears under Section 33-C(2) of the Industrial Disputes Act, 1947. Relying on the management's categorical admission of Rs. 41,784, the court directed payment within 30 days and imposed a 6% interest liability for delayed payment.

What did the court decide?

Directed the management to pay Rs. 41,784 within 30 days; imposed 6% interest from the date of order till realization.

Sh. Sunder Vs MCD — Pension and Retirement Benefits | 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. 387/2021

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Sh. Sunder S/o Sh. Shri Chand, Through Sh. Abhinav Kumar, C-240, I^st Floor, Jhilmil Colony Delhi-110095.

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…Claimant

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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.

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…Management

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Shri Abhinav Kumar, A/R, for the claimant Shri. Himalaya Gupta, A/R for the management

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ORDER

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An application was moved by Sh. Sunder S/o Sh. Shri Chand, the claimant, under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short the Act) with the averments that he joined service with the management as Safai Karamchari. he was treated as daily wager employee and was paid wages as fixed and revised from time to time under the Minimum Wages Act. he was thereafter regularized on the said post retrospectively with effect from 2004. Since then, the claimant was serving the management to the entire satisfaction of the seniors. Arrear of Rs. 2,27,130/- were not paid to the claimant.

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Written Statement was filed on behalf of the management copy of which was supplied to Shri Abhinav Kumar, A/R for the claimant. It is stated by the claimant that he is ready and willing to accept an amount of Rs. 41,784/as mentioned by the management in written statement. Claimant accepted above amount in his affidavit.

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That management has categorically admitted in the written statement submitted by them that an amount of Rs. 41,784/- is due towards the claimant.

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In view of the categorical admission made by the management and the affidavit filed by the claimant, the application filed by the claimant under Section 33-C (2) of the Industrial Disputes Act, 1947 for arrear is allowed and it is held that the claimant is entitled to an amount of Rs. 41,784/- (Rupees Forty One Thousand Seven Hundred and Eighty Four Only) as per the categorical admission made by the management in the written statement submitted by them.

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Management is directed to pay the amount of Rs. 41,784.00 within a period of 30 days. If the computed amount of Rs. 41,784.00 is not made within a period of 30 days hereof, the management shall be liable to pay interest @6% applicable at the relevant time on the full amount from the date of this order 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, High Court of Allahabad November 11, 2024

Sh. Sunder v. MCD

Case brief

What is this about?

What did the court decide?

Sh. Sunder v. MCD

Case brief

What is this about?

What did the court decide?

What the court decided

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