Central Government Industrial Tribunal
Suo Moto vs MCD on 11 February 2025
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**BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT NO.1 DELHI**
Undersigned has taken charge of CGIT-I on 27.12.2024. It has come to my notice that around 7036 cases u/s 33 C(2) of the ID Act are pending only for calculation of dues in this Tribunal. In most of these cases, MCD is party where the claimants want to calculate their dues as per their entitlement under FOURTH to SIXTH Central Pay Commission etc.
In these circumstances, let the notice be issued to the Commissioner of MCD to appear and apprise this Tribunal for sorting out these issues because in cases disposed off by this Tribunal earlier, MCD has admitted its liability. Put up for 05.03.2025.
(Presiding Officer) 11.02.2025
[List of pending cases u/s 33C(2) of the ID Act enclosed]
**BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT NO.1 DELHI**
**IN RE SUO MOTO V/s MCD**
05.03.2025
Present: Sh. N.K. Meena, Law Officer, HQ, MCD; Sh. Vivek Sharma, Assistant Law Officer, HQ, MCD; Sh. Anil Kumar Sharma alongwith Ms. Tajinder Virdi, Standing Counsels; Sh. Anil Mishra, Sh. Harbans Kaushal, Sh. Devendra Kumar Gahtori, Sh. Himalaya Gupta, Sh. Arvind Kumar, Sh. Deepesh Verma, Sh. Naveen Kumar & Sh. Mani K. Ahluwalia, A/R for MCD
In pursuance to the notice issued to the Commissioner (MCD) for appearance, an application has been filed by Ms. Tajinder Virdi, Standing Counsel for MCD, seeking exemption from personal appearance of the Commissioner (MCD) stating that out of more than 7000 applications filed u/s 33C (2) of the ID Act, they have identified 4327 applications and necessary directions have been issued to the Official of MCD to calculate the dues due upon the MCD of the claimants in question.
It is important to mention here that this Court 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. Being constrained, this Tribunal had issued notice to the Commissioner (MCD) to appear and apprise the court to find the way out for resolving this disputes.
This Tribunal has also come to know after going through the record of various cases disposed off where the reply has been filed without issuance of any notice and the Award have been passed and in some cases MCD has filed application for setting aside the order because the MCD has to pay much less than what has been ordered by this Tribunal.
Considering the overall aspects, this Tribunal directs the MCD Commissioner to create the helpdesk of all the twelve zones within four weeks of passing of this order to sort out these issues of the workmen. Helpdesk shall be supervised by the 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. MCD shall also publish the general notice in their respective zonal offices as well as this Tribunal for sorting out the financial implications of the workmen. Put up for 28.05.2025. A copy of this order be given dasti to the counsels.
(Presiding Officer) 05.03.2025
Received 10/3/25
Recd. Copy 24/3/25 Adv.