Suo Moto vs MCD on 18 December 2025

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT NO.1 DELHI

IN RE SUO MOTO V/s MCD 18.12.2025

Present: Ms. Shivani Vasan, Counsel alongwith Ms. Anjali Khanna, & Sh. Devendra Gahtori, for the MCD

Record perused. On the last date of hearing i.e. 16.12.2026, Ms. Shivani had placed about 58 applications for withdrawl of the claim from different zones of MCD. She has also placed on record the reply in 40 cases in which minimum wages have been sought by the claimant. All these cases were ordered to be placed before the undersigned on 18.12.2025 at 12.30pm. It is also important to mention here that Sh. Rajiv Agarwal, ARW in some of these pending cases, insisted on marking his appearance herein. However, the suo moto cognizance is a matter between the court and the MCD only, so his attendance had not been marked on that date. Applications alongwith original affidavits have been found in 52 cases barring LCA No. 2199/2022, 1693/2023, 339/2023, 2390/2023, 2349/2023, 1533/2022. Record perused. This is the case where this Tribunal has taken suo moto cognizance of pendency of more than 7000 cases filed u/s 33C(2) of the ID Act against the MCD. In all the applications, claimants have made prayer to calculate their dues as per compliance of applicability of Fourth/Fifth/Sixth/Seventh Pay Commission. On 05.03.2025, a number of officials of MCD were present. This Tribunal had directed Commissioner, MCD to create helpdesks in all the 12 zones of MCD within four weeks to sort out the issues of workmen. It was also directed that helpdesks shall be supervised by an officer not below the rank of Assistant Commissioner. After calculating the amount, the same shall be sent to this court under the signature of Deputy Commissioner of that zone. Thereafter, one Labour Union had filed a writ petition in the Delhi High Court wherein the order passed by this tribunal for calculating the amount due to be sent to this tribunal under the signatures of the Deputy Commissioner of that Zone is set aside. However, the rest of the order regarding creating of helpdesk was upheld and shall be continued. Today, an application is filed by the Municipal Employees Union led by Sh. Rajiv Agarwal (Adv) blaming this court for conducting proceeding in this matter in gross violation of the principles of natural justice. It has been further mentioned in the application that this court has been conducting in camera proceedings in the matter by closing the doors of the court room. Sh. Rajiv Agarwal submits that he would like to file writ petition within two weeks. He is representing the 6 cases out of 58 of these cases listed today for withdrawl bearing no. LCA No. 2199/2022, 1693/2023, 339/2023, 2380/2022, 2390/2023, 213/2022 which are marked by him. So far so the remaining 12 cases he has marked that pertain to demanding of minimum wages in which the management has filed their reply. In the meanwhile, ruckus has been created by Sh. Surender Bhardwaj by shouting in this tribunal and he has gone outside and asked the workers to raise their voices. They have also stated that even if the police be called, they won’t budge from there despite the fact that this court had stated that his 6 cases listed amongst the list of withdrawl cases would not be taken up today. He is also at liberty to move to the High Court. Now Sh. Rajiv Agarwal is requested to leave the court alongwith his associates. Now, in remaining cases, statement of 26 workers in their respective claim petition have been recorded to the effect that they want to withdraw their claim without any pressure. Their signatures have been taken on the last page of the statement of claim marked as Mark-A which is similar to the signature on the recorded statement. Case no. of the cases that are withdrawn today are as follows: 1 LCA No.3113/2024 Rakesh VS MCD 2 LCA No. 3018/2024 Joginder VS MCD 3 LCA No.3112/2024 Govind VS MCD 4 LCA No. 3116/2024 Sanjay VS MCD 5 LCA No. 712/2024 Satish VS MCD 6 LCA No. 2245/2024 Pawan Kumar VS MCD

7 LCA No. 2246/2024 Smt. Kalawati VS MCD 8 LCA No. 752/2024 Ranvir VS MCD 9 LCA No. 307/2024 Satbir Singh VS MCD 10 LCA No. 1036/2024 Mukesh VS MCD 11 LCA No. 912/2021 Anil VS MCD 12 LCA No. 2244/2024 Sanjay VS MCD 13 LCA No. 741/2022 Smt. Shakuntala VS MCD 14 LCA No. 2243/2024 Joginder VS MCD 15 LCA No. 2604/2024 Roshan Lal VS MCD 16 LCA No. 714/2023 Ashok Kumar VS MCD 17 LCA No. 477/2023 Anil VS MCD 18 LCA No. 649/2024 Rajbir VS MCD 19 LCA No. 598/2024 Dinesh VS MCD 20 LCA No. 2284/2024 Pawan Kumar VS MCD 21 LCA No. 1677/2024 Meshar VS MCD 22 LCA No. 2458/2024 Manoj Kumar VS MCD 23 LCA No. 2862/2024 Sunita VS MCD 24 LCA No. 595/2023 Rajender VS MCD 25 LCA No. 2858/2024 Sumitra VS MCD 26 LCA No. 3114/2024 Rajesh VS MCD

The aforesaid mentioned cases now stand dismissed as withdrawn. So for so the remaining claimants are concerned, their statement would be recorded tomorrow i.e. 19.12.2025. So far so the 6 workers of Sh. Rajiv Agarwal are concerned, those cases would be taken on 21.01.2026. Ms. Shivani had also placed a list of 40 cases seeking minimum wages. The reply in these 40 cases has been place on record. Case no. of these cases are mentioned as follows: 1 LCA No.3120/2024 Ashok Kumar VS MCD (Rohini Zone) 2 LCA No.3072/2024 Manisha Kumari VS MCD (Rohini Zone) 3 LCA No.3073/2024 Sanjay VS MCD (Rohini Zone) 4 LCA No.3074/2024 Bal Raj VS MCD (Rohini Zone) 5 LCA No.1462/2024 Surender Singh VS MCD 6 LCA No.1463/2024 Sunita VS MCD 7 LCA No.1464/2024 Krishan VS MCD 8 LCA No.1466/2024 Sandeep VS MCD

9 LCA No.1467/2024 Rishi VS MCD 10 LCA No.1468/2024 Dharambir VS MCD 11 LCA No.1469/2024 Naresh VS MCD 12 LCA No.1470/2024 Vinay VS MCD 13 LCA No.1474/2024 Santlal VS MCD (Rohini) 14 LCA No.2240/2022 Neeraj Kumar VS MCD (Rohini) 15 LCA No.1611/2024 Sanjay VS MCD (Rohini Zone) 16 LCA No.1612/2024 Arun Kumar VS MCD (Rohini Zone) 17 LCA No.1613/2024 Geeta VS MCD (Rohini Zone) 18 LCA No.1614/2024 Sunni VS MCD (Rohini Zone) 19 LCA No.1615/2024 Rupesh VS MCD (Rohini Zone) 20 LCA No. 2370/2022 Jyoti VS MCD (Rohini) 21 LCA No. 2362/2022 Vishal VS MCD (Rohini) 22 LCA No.2836/2024 Ram Kumar & 9 ors. VS MCD (Rohini Zone) 23 LCA No.2865/2024 Parveen VS MCD (Rohini Zone) 24 LCA No.2866/2024 Rajesh VS MCD (Rohini Zone) 25 LCA No.2867/2024 Ajay Kumar VS MCD (Rohini Zone) 26 LCA No.2869/2024 Laxmi VS MCD (Rohini Zone) 27 LCA No.2870/2024 Raju VS MCD (Rohini Zone) 28 LCA No.2871/2024 Umesh VS MCD (Rohini Zone) 29 LCA No.2872/2024 Rakesh Kumar VS MCD (Rohini Zone) 30 LCA No.2873/2024 Pankaj VS MCD (Rohini Zone) 31 LCA No.2874/2024 Sohan Lal VS MCD (Rohini Zone) 32 LCA No.2875/2024 Sanjeev VS MCD (Rohini Zone) 33 LCA No.2876/2024 Anil Kumar VS MCD (Rohini Zone) 34 LCA No. 1652/2023 Sunil VS MCD (Rohini) 35 LCA No. 2376/2022 Bunty VS MCD (Rohini Zone) 36 LCA No. 2379/2022 Rakesh & 4 Others VS MCD (Rohini Zone) 37 LCA No.1605/2024 Sonu VS MCD (Rohini) 38 LCA No.297/2023 Kushwant VS MCD (Rohini Zone) 39 LCA No. 2230/2023 Neelam VS MCD (Rohini Zone) 40 LCA No. 2233/2023 Sandeep VS MCD (Rohini Zone) Let notice be issued to the workmen in these cases for 08.04.2026 for collecting reply.

It is also important to mention here that, on 03.07.2026 this court had directed the Commissioner, MCD to place on record the progress of all existing cases pending for calculation of dues of the workmen herein and also to frame a policy specifying to whom the amount has been paid first. Because the MCD has pleaded the financial crunch of resources. Instead of framing the policy and calculating of the dues, it has resorted to file the affidavit of the workmen who want withdraw their cases. The Commissioner, MCD is directed to frame the policy in this regard and apprise the court on 02.02.2026. A copy of this order is placed in all of the aforesaid mentioned cases. A copy of the order be also sent to Commissioner, MCD, for information and action.

(Presiding Officer) 18.12.2025