Disposed

Municipal Corporation of Delh v. Smt Kamla Devi

Delhi HC8 May 2024W.P.(C)/3817/2023

Case brief

AI extract

What is this about?

The Court, without entering into the merits of the unargued writ petition filed under Articles 226 and 227 of the Constitution concerning gratuity recovery, exercised discretion in the interest of justice to direct the petitioner to pay a lumpsum amount of Rs.14,000 to the respondent and disposed of the petition.

What did the court decide?

Directed the petitioner to pay a lumpsum amount of Rs.14,000 to the respondent-workman within four weeks from the date of the order.

Municipal Corporation of Delh Vs Smt Kamla Devi — Service and Employment | Delhi HC (2024)

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3817/2023 & CM APPL. 14856/2023

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MUNICIPAL CORPORATION OF DELHI ..... Petitioner

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Through: Mr.Sanjeev Sagar, Standing Counsel for MCD with Ms.Nazia Parveen, Mr.Rishabh Malik, Ms.Bhavi, Mr.Avinash Kumar, Mr.Ujjaw Gaur, Mr.Gauravdeep Bhardwaj, Ms.Priyanka Gupta and Mr.Sachin Bhati, Advocates

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versus

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SMT KAMLA DEVI ..... Respondent Through: Mr.Rajiv Agarwal, Ms.Meghna De, Ms.L. Gangmei and Ms.Ekta Tomar, Advocates

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CORAM:

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HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

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O R D E R

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% 08.05.2024

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The instant writ petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:-

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"a) Quash the order of attachment and Recovery Certificate dated 16.03.2023 issued by Assistant Collector Grade -I/ SDM (Karol Bagh) Government of NCT of Delhi, New Delhi pursuant to the recovery certificate No. ALC –III/36/404/2021 dated 28.12.2022 under the Delhi Land Reforms Act

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b) Quash the recovery certificate No. ALC–III/36/404/2021 dated 28.12.2022 under the Delhi Land Reforms Act;

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c) Quash the Order dated 6/10/2022 issues by Controlling

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:30:12

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Authority, Assistant Labour Commissioner, Government of NCT of Delhi, New Delhi.;

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d) Call for the records of the case;

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e) To pass any other or further order/s, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case."

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After some length of arguments, learned Standing Counsel appearing on behalf of petitioner-MCD, on instructions submitted that the gratuity of the respondent-workman was calculated @ Rs.2,900/- as basic pay plus DA @ 43% amounting to Rs.1,247/-, thus, totaling to Rs.4,147/- x 12 x 30=Rs.57,420/-. It is submitted that the petitioner has already paid Rs.49,754/- to the respondent in the year 2019 and only balance amount of Rs.7,656/- alongwith the accrued interest as on date is due to be paid.

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It is further submitted that in compliance with the order dated 11^th October, 2024, a sum of Rs.20,000/- towards the litigation expenses has already been paid to the respondent-workman on 15^th October, 2023. Hence, without entering into the merits of the case, it is prayed that this Court may grant a lumpsum amount to the respondent considering the foregoing averments.

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Per contra , Mr.Aggarwal, learned counsel appearing on behalf of the respondent vehemently opposed the instant writ petition on merits, however, he strongly contradicted the factum qua the amount to be paid to the respondent-workman submitting to the effect that as per the order passed by the learned Controlling Authority, the amount due to be paid is Rs.18,581/alongwith 10% interest. Also, contrary to the stance taken by the petitioner, it is submitted by learned counsel for the respondent that the interest may be calculated from the year 2001.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:30:12

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Heard learned counsel for the parties and perused the material on record.

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It is an admitted fact that the matter has not been argued on merits, and an innocuous prayer was made to decide and grant the payment to the respondent-workman to which she is duly entitled to.

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Taking into consideration the averments made by learned counsel appearing on behalf of the parties as well as the due amount to be paid alongwith the accrued interest thereto, in the interest of justice, this Court is inclined to grant a lumpsum amount of Rs.14,000/- to be paid to the respondent-workman. Accordingly, the petitioner is directed to pay a sum of Rs.14,000/- to the respondent-workman within four weeks from today.

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With the aforesaid direction, the instant petition alongwith pending application stands disposed of.

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CHANDRA DHARI SINGH, J

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MAY 8, 2024 dy/ryp

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Click here to check corrigendum, if any

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Municipal Corporation of Delh v. Smt Kamla Devi

Case brief

What is this about?

What did the court decide?

Municipal Corporation of Delh v. Smt Kamla Devi

Case brief

What is this about?

What did the court decide?

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