W.P.(C)/7404/2025 of SWAROOP SINGH Vs LABOUR DEPARTMENT GOVT OF NCT OF DELHI AND ANR on 31 August 2026

O R D E R

% 31.08.2026 This matter is taken up today as 27th August, 2026, was declared as a Local Holiday.

1. The present petitions have been filed seeking to set aside the order dated 14th June, 2024, and the letter dated 29th November, 2024, issued by respondent no. 1, i.e., Deputy Labour Commissioner (South District), Labour Department, Government of NCT of Delhi (“GNCTD”).

2. There is further prayer for seeking directions to respondent no. 2 to release the pensionary benefits to the petitioner in accordance with Central Civil Services (Pension) Rules (“CCS Rules”).

3. Learned counsel appearing for the petitioners has drawn the attention of this Court to the judgment dated 24th January, 2023, passed by this Court in W.P.(C) 5080/2004, wherein, it had been noted as follows: “xxx xxx xxx xxx xxx xxx”

4. By referring to the aforesaid order, learned counsel appearing for the petitioners submits that this Court itself has noted that the Tribunal vide the Award dated 03rd September, 2011, as corrected on 31st July, 2003, had held that the workmen, who are the petitioners before this Court, were entitled to the same grade and pay scale and other facilities, i.e., HRA, CCA, DA, LTC, etc., which were given to their counterparts in Government Printing Press.

5. Learned counsel appearing for the petitioners draws the attention of this Court to the letter dated 14th June, 2024, issued by the Deputy Labour Commissioner (South District), Labour Department, GNCTD, wherein, it has been stated as follows: “xxx xxx xxx xxx xxx xxx”

6. He further draws the attention of this Court to the letter dated 29th November, 2024, issued by the Deputy Labour Commissioner (South District) Labour Department, GNCTD, wherein, it has been stated as follows: “xxx xxx xxx xxx xxx xxx”

7. Learned counsel appearing for the petitioners has also drawn the attention of this Court to the order dated 22nd May, 2023, passed by the Division Bench of this Court in LPA 154/2023, wherein, directions had been issued in the following manner: “xxx xxx xxx xxx xxx xxx”

8. Per contra, learned counsel appearing for the respondents submits that the appeal being LPA 154/2023, titled as National Coop. Union of India and Anr. Versus Its Workmen, Represented by DEL. Lab Union, has been filed on behalf of the respondents, wherein, they have challenged the order dated 24th January, 2023, passed by the Single Judge in W.P.(C) 5080/2004.

9. She submits that the said appeal is already pending before the Division Bench, and is next listed for hearing on 17th December, 2026.

10. Learned counsel appearing for the respondents further submits that the respondents have challenged the entitlement of the petitioners to payment of HRA, CCA, DA, LTC, etc.

11. She further submits that the word ‘pension’ was not even mentioned in the Award dated 03rd September, 2001, as corrected on 31st July, 2003 passed by the Tribunal. She, thus, submits that the Trial Court has rightly denied the said benefit to the petitioners herein.

12. This Court notes that the essential dispute between the parties is as to whether the directions as issued by the Tribunal vide Award dated 03rd September, 2001 as corrected on 31st July, 2003 in ID 274/87, contained the directions of payment of pensionary benefits to the petitioners’ workmen herein.

13. This Court notes that an appeal being LPA 154/2023 is already pending before the Division Bench, which is stated to be next listed for hearing on 17th December, 2026.

14. Accordingly, since the issue with regard to the directions as issued by the Tribunal in Award dated 31st July, 2003 in ID 274/87, is pending before the Division Bench, it would be in the fitness of things if the petitioners herein seek such clarification from the Division Bench as to the scope and import of the directions issued by the Tribunal.

15. Accordingly, noting the aforesaid, the present petitions are disposed of, along with the pending applications.

16. However, liberty is granted to the petitioners to revive the present petitions, subject to any clarification that may be given by the Division Bench. MINI PUSHKARNA, J AUGUST 31, 2026 ak