Allowed

Smt. Kamlesh v. MCD

CGIT11 Nov 2024LCA No. 961/2024

Case brief

AI extract

What is this about?

This adjudication concerns an application for arrears of wages under Section 33-C(2) of the Industrial Disputes Act, 1947. The tribunal allowed the claim based on the management's categorical admission in the written statement, directing payment of Rs. 5,32,518/- with interest for delay.

What did the court decide?

The claimant is entitled to an amount of Rs. 5,32,518/- to be paid within 30 days; otherwise, interest at 6% shall be payable till realization.

Smt. Kamlesh 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. 961/2024

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Smt. Kamlesh W/o Sh. Kishor Kumar, 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 Smt. Kamlesh W/o Sh. Kishor Kumar, the claimant, under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short the Act) with the averments that she joined service with the management as Safai Karamchari. she was treated as daily wager employee and was paid wages as fixed and revised from time to time under the Minimum Wages Act. she was thereafter regularized on the said post retrospectively with effect from 2003. Since then, the claimant was serving the management to the entire satisfaction of the seniors. Arrear of Rs. 7,35,409/- 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 she is ready and willing to accept an amount of Rs. 5,32,518/- as mentioned by the management in written statement. Claimant accepted above amount in her affidavit.

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That management has categorically admitted in the written statement submitted by them that an amount of Rs. 5,32,518/- 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. 5,32,518/- (Rupees Five Lakh Thirty Two Thousand Five Hundred and Eighteen 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. 5,32,518.00 within a period of 30 days. If the computed amount of Rs. 5,32,518.00 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

Smt. Kamlesh v. MCD

Case brief

What is this about?

What did the court decide?

Smt. Kamlesh v. MCD

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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