Azad Singh vs Government Of NCT Of Delhi & Others

Pradeep Kumar, Member (A)

The applicant herein had worked as Mate from 01.06.1984 to 16.01.2012, when he was promoted to the post of Work Assistant, where he is

working at present. The applicant brings out that Delhi Flood Control Mazdoor Union alongwith 34 individual applicants had preferred OA No.

154/2001 seeking the benefits under the award dated 31.01.1988 in their favour regarding re-categorisation as skilled workers and revision of their pay

scales with retrospective effect from 01.01.1973 or from the date of their appointment, whichever is later, and for payment of arrears w.e.f

01.04.1981 with revision from 01.01.1986 and 01.01.1996. The OA was allowed vide orders dated 10.08.2001. The operative para 8 reads as under:-

“8. In the above view of the matter the application succeeds and is accordingly allowed. The respondents are directed to extend to the applicants

also the benefit of the award dated 31.1.1988 of the Umpire of the Arbitration fully, both in respect of their re-catgorisation and revision of their pay

scales with retrospective effect from 1.1.73 or from the date of their appointment which is later. The respondents shall also work out their pay and

allowance notionally w.e.f. 1.4.81 with revision w.e.f. 1.1.86 and 1.1.96 as per the award but shall grant the arrears of pay and allowances at the

revised rate only from 1.1.2000. This exercise shall be completed by three months from the date of receipt of a copy of this order or in any event by

15.12.2001 at the latest. No costs.â€​

The respondents challenged it in the Hon’ble High Court of Delhi in W.P. (C) No. 514/2002, which was dismissed vide order dated 14.07.2016.

Thereafter, the matter was taken to the Hon’ble Apex Court vide SLP (Diary) No. 15440/2017 and the same was also dismissed on 31.07.2017.

The respondents thereafter complied with the directions vide their order dated 23.05.2019.

The applicant has pleaded that the orders had been complied with in respect of the 34 applicants in OA No. 154/2001, but the same benefits have

not been extended to the applicant although he was also working as Mate and the award was equally applicable to him, as was admitted by the

Hon’ble Tribunal. The applicant has also made a representation dated 29.07.2019, to which there has been no response so far.

Matter has been heard. Shri Ayushya Kumar, learned counsel represented the applicant and Ms. Esha Mazumdar, learned counsel represented the

respondents.

Issue Notice. The counsel for respondents accepts notice. At this stage the counsel for applicants submits that they will be satisfied at this stage if

their pending representation can be decided in a time bound manner.

In view of foregoing, the OA is disposed of, at the admission stage itself, without going into the merits of the case, with a direction to the

respondents to pass a reasoned and speaking order on the pending representation dated 29.07.2019 of the applicant, within a period of eight weeks

from the date of receipt of a copy of this order, under advice to the applicant.

In case, as a result of this examination, the respondents come to a conclusion that the applicant is similarly placed to the petitioners on OA-154/2001,

he shall also be extended the same benefits and payments due, if any, shall be released within a further period of six weeks.

Applicant shall have liberty to approach the Tribunal, if some grievance still subsists. No costs.