DELHI MUNICIPAL WORKERS UNION Vs. DELHI JAL BOARD

JUDGEMENT

(1.) As far as back on 12.11.1999 the Presiding Officer, Labour Court IX had held that the Petitioner is entitled for his reinstatement but without back-wages. Even this Order was assailed by the Respondents in Writ Petition No.3825/2000 which was dismissed on January 29, 2004. By those orders, it had, inter alia, been observed that the Order directing payment of Rs. 1040/- per month from August, 2000 will continue till today. That Order, I am informed was passed under Section 17(b) of the Industrial Disputes Act. In Delhi Transport Corporation Vs. The Presiding Officer, Labour Court No.1., Delhi & Ors., 2002 (96) DLT 103 I have expressed the opinion that even under 17-B of the Industrial Disputes Act, minimum wages must be paid. The Division Bench has affirmed this view in Delhi Transport Corporation Vs. The Presiding Officer, Labour Court No.1., Delhi & Ors., 2003 VI AD (DELHI) 205.

(2.) The Respondents have given employment to the Petitioner but have not 'reinstated' him since this would necessarily mean that he should receive payment of salary/wages according to the scale in which he has been placed. This is the main grievance of the Petitioner. Be that as it may, Ft is indeed remarkable and regrettable that the Delhi Jal Board should choose to engage a citizen of India and pay wages which are 1/ 3rd of the prevailing minimum wages. This is a serious matter. Officers of Governmental agencies such as the Delhi Jal Board should not subject a poor workmen to go from pillar to post, to engage counsel, and approach the High Court in order to compel the Respondents to perform their statutory duties. It is expected that all requisite action is taken within one week. The Respondent shall within four weeks deposit a sum of Rs.20,000/- as costs with the Registrar General of this Court to await further Orders. If requisite action is not taken before the next hearing, the Chief Executive Officer shall be personally present on the next date.

(3.) Renotify on 31.1.2005.