GOVT OF NCT OF DELHI Vs. RITA LUTHRA

JUDGEMENT

(1.) The petitioner Government of NCT of Delhi in this writ petition impugns the order dated 19th December, 1996 of the Labour Court on an application by the respondents 1 to 38 and three others under Section 33C(2) of the I.D. Act. The respondents at the time of filing the application under Section 33C(2) were working as Auxiliary Nurse or Mid Wives with the dispensaries/hospitals of the petitioner. It was their case that they were entitled to recover from the petitioner employer nursing allowance, uniform allowance and washing allowance as per the orders of the Government of India from time to time applicable to them. The petitioner contested the said application pleading that the respondents were not entitled to uniform allowance and washing allowance on the ground that they were not wearing any specified uniform and the said allowance were not admissible to them. As regard the nursing allowance, the plea of the petitioner was that the said allowance was permissible to certain categories of employees and not to all workmen. The Labour Court however held that it was admitted in the reply of the petitioner that the three other applicants besides the 38 respondents herein were entitled to the nursing allowances.

(2.) The Labour Court disposed of the application under Section 33C(2) on the basis of admissions of both the parties. It was held that the uniform allowance and washing allowance was applicable only to those nursing personnel who were required to wear uniform in accordance with the standing orders or instructions of the government; the respondents failed to show any standing order or instruction vide which they were required to wear uniform. It was thus held that they were not entitled to uniform or washing allowances. It was further held that it was an admitted fact that the respondents work as nursing personnel and as per government instructions of 11th February, 1987, with effect from 1st October, 1986 the respondents were entitled to nursing allowances at Rs. 150/- per month. The Labour Court accordingly computed the entitlement of each of the 38 respondents herein and the other three applicants to the nursing allowances.

(3.) Aggrieved therefrom the present writ petition was preferred. This Court vide ex parte order dated 14th January, 1998 stayed the implementation of the order. However, subsequently, the petitioner was directed to deposit a sum of Rs. 3,00,000/- in this Court and which was ordered to be distributed to the respondents. On enquiry, the counsel for the petitioner states that in terms of the order impugned in this petition a sum of over Rs. 5,00,000/- was due to the respondents and this Court as a condition for stay of the order had directed disbursement of Rs. 3,00,000/- only to the respondents. The balance amount remains to be paid. It is also informed that the order in this petition will also have a bearing on the payment of nursing allowance to the respondents for subsequent period.