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Tribunals and CommissionsDivision Bench(2020) 10 CAT CK 0096

Sushil Kumar vs Govt. Of NCT Of Delhi & Others

Central Administrative Tribunal · Decided on 8 October 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Mohd. Jamshed, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1304 Of 2020, Miscellaneous Application No. 1639 Of 2020
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Judgment

9 paragraphs · 427 words

L. Narasimha Reddy, J

M.A. No.1639/2020

M.A. seeking joining together in a single petition is allowed.

O.A. No.1304/2020

1.

The applicants state that they are working as Daily Wagers in the various hospitals under the control of the Delhi Administration. Earlier, they approached this Tribunal by filing OA No.2866/2017 as regards their continuation. In the recent past, they made a representation with a prayer to extend them the benefit of the Order passed by the Hon'ble High Court of Delhi in Writ Petition (C) No.842/2020. On consideration of the same, the respondents passed an order dated 11.08.2020 informing the applicants that the direction issued by the Hon'ble High Court was only to implement the Cabinet Decision No.2323 dated 22.03.2016 therein and in fact such a relief has already been extended to the applicants. This O.A. is filed with a prayer to direct the respondents to grant the wages at the minimum scale of pay of the regular posts with dearness allowance.

2.

Ms. Esha Mazumdar, learned counsel for respondents raised an objection as to jurisdiction and has invited our attention to the observations made in the earlier O.A. The applicants, on the other hand, submitted that the situation has substantially changed in the recent past, on account of the respondents undertaking to pay the wages directly to them.

3.

We heard Shri Nilansh Gaur, learned counsel for applicants and Ms. Esha Mazumdar, learned counsel for respondents, at the stage of admission, through video conferencing.

4.

Had the applicants approached the respondents with the plea raised in this O.A. and any decision was rendered thereon, we would have certainly adjudicated the issue. The representation made by the applicants on 29.09.2020 was just for extension of the benefit of the Order passed by the Hon'ble High Court in Writ Petition (C) No.842/2020. It emerged that except that the Hon'ble High Court directed implementation of the Cabinet decision, no specific direction was issued as such. The respondents stated that the applicants are being extended the benefit of that decision, which is said to be only for timely payment of wages. As of now, the applicants did not put forward any claim regarding the quantum of wages.

5.

We, therefore, dispose of this O.A. leaving it open to the applicants to approach the respondents with comprehensive representation. It is needless to mention that as and when such a representation is made, the respondents shall pass orders on its own merits. We make it clear that we did not express any view on merits. There shall be no order as to costs.