ROHTASH KUMAR Vs. SOUTH DELHI MUNICIPAL COPORATION

JUDGEMENT

(1.) The present Letters Patent Appeal ('LPA') arises out of an order dtd. 6/12/2018, passed by the learned Single Judge in W.P.(C.) No. 5770/2013 and other connected matters ("Impugned Order'). The facts of the case reveal that a writ petition was preferred by the South Delhi Municipal Corporation (the 'SDMC') being aggrieved by a recovery certificate dtd. 29/8/2013 ('the Recovery Certificate') which was issued by the Deputy Labour Commissioner, Govt. of NCT of Delhi, wherein it was stated that a sum of Rs.45,21,402.00 is recoverable from the SDMC in pursuance to the implementation of the Award dtd. 1/4/2006 ('the ID Award') passed in favor of the Appellant-herein by the Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi, in Industrial Dispute No. 08/2004 ('the Industrial Dispute').

(2.) The present case has a chequered history and the facts of the case reveal that the workmen through MCD General Mazdoor Union ('MGMU') raised the Industrial Dispute and a reference was made by the appropriate Government i.e., Secretary (Labour), Government of NCT of Delhi ('GNCTD') for adjudication to the Industrial Tribunal. The reference made by the appropriate Government reads as under:

(3.) The Industrial Tribunal after hearing the parties at length has passed the ID Award, and the operative paragraphs of the same read as under: