Allowed

Sh. Raj Kumar v. MCD

CGIT11 Nov 2024LCA No. 451/2024

Case brief

AI extract

What is this about?

The Tribunal allowed an application for arrears of wages under Section 33-C(2) after the management admitted the liability of Rs. 5,89,956 in the written statement. The claimant was directed to be paid this amount within 30 days, with interest at 6% applicable thereafter if not realized.

What did the court decide?

The management is directed to pay Rs. 5,89,956 within 30 days. If not paid, 6% interest is payable till realization.

Sh. Raj Kumar Vs MCD — Service and Employment | 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. 451/2024

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Sh. Raj Kumar S/o Sh. Hariya, 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 Naveen Kumar, A/R for the management

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ORDER

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An application was moved by Sh. Raj Kumar S/o Sh. Hariya, 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. 11,29,902/- 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. 5,89,956/- 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. 5,89,956/- is due towards the

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claimant. 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. 5,89,956/- (Rupees Five Lakh Eighty Nine Thousand Nine Hundred and Fifty Six 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. 5,89,956.00 within a period of 30 days. If the computed amount of Rs. 5,89,956.00 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. Raj Kumar v. MCD

Case brief

What is this about?

What did the court decide?

Sh. Raj Kumar v. MCD

Case brief

What is this about?

What did the court decide?

What the court decided

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