Delhi HC refuses to stay cost imposed on MCD in cases related to workers' arrears

New Delhi [India], January 2 : The Delhi High Court on Monday refused to stay the cost of Rs 10,000 imposed on the Municipal corporation of Delhi (MCD) by the trial court in two cases related to non-payment of arrears to two Sanitation workers.
However, the High court exempted the deputy commissioner (MCD) from the personal appearance before the trial court tomorrow.
The trial court had imposed Rs 10,000 in each case for not filing an action taken report and directed the Deputy Commissioner to appear in person.
Justice Sanjeev Narula while granting relief said, "The Deputy Commissioner is exempted from appearing before the Labour Court on the next date of hearing on January 3, 2023, only.
"It is clarified that the Court has not granted any stay qua imposition of cost on MCD," Justice Narula said.
The HC noted that the reason for seeking the personal presence of the Deputy Commissioner, as noted in the said order is that despite previous directions, MCD had failed to submit an action taken report/ remedial measure report intended to curb litigation.
The Presiding Officer has noted that MCD is "getting the work done by the workman but is not paying their dues for a number of dates" and accordingly, imposed a cost of Rs 10,000 on MCD, the bench noted.
Advocate Sanjeev Sagar Sanjeev Sagar, counsel for the MCD, submitted that there were no prior directions in the instant case. Nonetheless, he stated that the amounts have been calculated and voucher verification has been done and shall be positively filed before the Labour Court tomorrow.
The bench noted the submission and granted an exemption to the Deputy Commissioner from personal appearance before the court.
The Deputy Commissioner of MCD moved a petition through advocates Sanjeev Sagar and Nazia Parveen. He sought a direction for setting aside the order passed by the trial court on December 13, 2022, imposing a fine of Rs. 10,000 and directing him to appear in person.
During the hearing, Justice Narula expressed his strong displeasure and said, "What is the problem if he is going to court? Let him go to the court, let him face the court, let him know what problem the court faces."
They are poor people, why would anyone be interested in working if you are not paying? Now MCD is unhappy that the deputy commissioner has been called by the court, the bench said
The counsel for MCD submitted that we are making payment. The calculations are prepared and have been sent to the account department on November 24, 2022, for release of payment, the bench further said.
The bench said that the calculations were sent to the account department and still no payment has been made. You tell me how much payment is going to be made, then only I can look into it.
The bench granted relief after hearing the matter and also issued notice to the respondents Subhash and Dharmvir for March 28, 2023.