Delhi High Court · 2024

$~50 & 51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1263/2024 SANOJ KUMAR AND ORS .....Petitioner Through: Ms. Shivani Verma with Mr. Kamlesh Kumar Mishra and Ms. Renu, Mr. Mishra Divya Santosh, Advocates. versus SHRI MANISH KUMAR GUPTA AND ORS .....Respondent Through: Ms. Vaishali Gupta, Panel Counsel for GNCTD. Mr. Ranjan Rai, Advocate with Ms. Shalu, Adv for Prayas NGO. Mr. Rishi Kant Singh for DUSIB. 51+ CONT.CAS(C) 1325/2024 ABHINAV GUPTA .....Petitioner Through: Ms. Shivani Verma with Mr. Kamlesh Kumar Mishra and Ms. Renu, Mr. Mishra Divya Santosh, Advocates versus SHRI MANISH KUMAR GUPTA AND ORS .....Respondent Through: Mr. Ranjan Rai, Advocate with Ms. Shalu, Adv for Prayas NGO. Mr. Rishi Kant Singh for DUSIB. 72+ CONT.CAS(C) 1920/2024 SANOJ KUMAR .....Petitioner Through: Ms. Shivani Verma with Mr. Kamlesh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 Kumar Mishra and Ms. Renu, Mr. Mishra Divya Santosh, Advocates versus SHRI MANISH KUMAR GUPTA AND ORS .....Respondent Through: Ms. Vaishali Gupta, Panel Counsel for GNCTD. Mr. Ranjan Rai, Advocate with Ms. Shalu, Adv for Prayas NGO. Mr. Rishi Kant Singh for DUSIB. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 25.04.2025 CONT.CAS(C) 1263/2024 & CONT.CAS(C) 1325/2024 1. These petitions have been filed seeking compliance of order dated 15th March 2024 in W.P.(C) 3900/2024 and order dated 20th May 2024 in W.P.(C) 7899/2024, where the Court had passed directions for respondents (Chief Labour Commissioner, (Central) and the Labour Commissioner, GNCTD), to decide the representation of the petitioners with a speaking order, after giving an opportunity of being heard, to the parties. 2. Status report has been filed by respondent no. 1. 3. Counsel who is appearing for the Labour Commissioner points out that the compliance has been done and order dated 15th October 2024 has been passed. 4. Said order essentially, directs that the DUSIB being the principal employer and M/s Prayas JAC Society being the Sub-Contractor, were operating these isolation centres during the ‘COVID period’, in which, the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 petitioners were working as, ‘Caretaker’, ‘Caretaker Reliever’ & ‘Sweeper’, for a period of 8 months starting from July 2021 to March 2022, for which, they were paid. 5. The findings of the Labour Commissioner are extracted as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23

6. Accordingly, petitions are disposed of, noting the above. CONT.CAS(C) 1920/2024 1. This petition has been filed by workers, alleging wilful disobedience of order dated 15th October 2024, passed by the Labour Commissioner, findings are extracted above. 2. The said amounts are still not being paid by DUSIB, Mr. Rishi Kant Singh, Counsel for DUSIB states that they had contracted out the work to M/s Prayas JAC Society, and therefore, are not obliged to pay the said amounts. 3. Mr. Rishi Kant Singh, submits, that since the matter was sub-contracted to M/s Prayas JAC Society, they are to make the payments and then demand the same from DUSIB, and then, DUSIB will reimburse them. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23

4. The Court is astonished and is completely shocked at this submission which shows sheer insensitivity of the DUSIB to pay these workers, who have worked during the ‘COVID period’, to serve the public. 5. The other aspects of the order dated 15th October 2024, to give a background of this matter, are also extracted herein, for the purposes of record: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23

6. The conclusion of the Labour Commissioner passing the order under Delhi Shops and Establishment Act, 1954 reads as under: 7. Cousnel for M/s Prayas JAC Society, therefore, states that they have paid the penaly compensation of Rs. 100/-, to each workman. 8. In the light of the categorical findings and directions by the Labour Commissioner, it shocks the conscience of this Court, that DUSIB has, instead of coming forth and paying these workers forthwith, has sought to deflect the situation to M/s Prayas JAC Society. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:54:23

9. In light of this, the Court directs that there shall be complete compliance of these payments, to all the workers, within the next two weeks, faling which, the CEO of DUSIB, respondent no.1/contemnor No.1, shall be present in Court, to show cause as to why they should not be held liable for contempt and sentenced. 10. Compliance ought to have been done before the 13th May 2025, in order that the counsel for petitoiner is able to confirm the receipt of payments by the workers, and inform the Court. 11. List on 15th May, 2025. 12. In case of non-compliance, even, with respect to one worker, the CEO of DUSIB shall be present in Court to explain their stand. 13. Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 25, 2025/RK/kp