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W.P.(C) No. 6590/2001
Date of Decision: 17 August, 2009 # NEW DELHI MUNICIPAL COUNCIL ..... PETITIONER
! Through: Ms. Jyoti Singh, Advocate.
Ms. Meena Bhatia, Advocates.
W.P.(C) No. 6980/2003
AND
W.P.(C) No. 10841/2004
AND
W.P.(C) No. 11131/2004
^ Through: Nemo.
2009:DHC:3287 AND W.P.(C) No. 11847/2004
^ Through: Mr. Amit Gupta, Advocate.
AND
W.P.(C) No. 11925/2004
^ Through: Nemo.
AND
W.P.(C) No. 2249/2005 #WORKMEN OF THE HORTICULTURE WING OF THE NEW DELHI
MUNICIPAL COUNCIL ..... PETITIONERS ! Through: Mr. Pramod Kumar Sharma, Advocate.
^ Through: Ms. Jyoti Singh, Advocate.
AND
W.P.(C) No. 4025-28/2005 # SMT. USHA RANI AND OTHERS ..... PETITIONERS
! Through: Mr. Pramod Kumar Sharma, Advocate.
^ Through: Ms. Jyoti Singh, Advocate.
AND
W.P.(C) No. 5140/2005
W.P.(C) No. 4121/2007
JUDGMENT
1. Whether reporters of Local paper may be allowed to see the judgment? NO
2. To be referred to the reporter or not?NO
3. Whether the judgment should be reported in the Digest?NO S.N.AGGARWAL, J (ORAL) All these writ petitions are proposed to be disposed of by this common order as the counsel for both the parties have agreed for passing of a consent order.
2. The respondents/workmen are employees working with the petitioner on various posts. Some of them have retired and some of them are still in service of the petitioner. The dispute between the parties is about the implementation of the recommendations of the Shiv Shankar Committee Report. The petitioner is stated to has appointed a committee to look into the implementation aspect of the recommendations of the Shiv Shankar Committee and this Committee was constituted by the petitioner pursuant to orders and directions of the Hon'ble Supreme Court. Counsel for both the parties agree that the committee, so constituted by the petitioner, is looking into the implementation aspect of the recommendations of the Shiv Shankar Committee applicable to the employees of the petitioner. It is submitted that the workmen, including the respondents, are participating in the proceedings taken up by the Committee constituted by the petitioner for implementation of the Shiv Shankar Committee recommendations. The workmen, including the respondents, will be given benefits of the Shiv Shankar Committee recommendations as it may be suggested by the Committee constituted by the petitioner for this purpose. In case any of the workmen/respondents may not be satisfied with the implementation aspect, then they may raise a separate dispute with regard thereto in appropriate proceedings before the Competent Authority as per law.
3. At this stage, Ms. Jyoti Singh, learned counsel appearing on behalf of the petitioner (NDMC), on instructions, submits that in view of the provisions contained in Section 34 of N.D.M.C. Act, 1994, the Committee constituted by the petitioner to look into the implementation aspect of the recommendations of the Shiv Shankar Committee is also considering extending the benefit of Sixth Pay Commission to its employees as the said benefit has already been made applicable to Government employees.
4. The Committee constituted by the petitioner for considering the implementation of recommendations of the Shiv Shankar Committee is directed to conclude the proceedings pending before it as expeditiously
5. Counsel appearing on both sides jointly submit that all these writ petitions may be disposed of in terms of the aforementioned order. Accordingly, all these writ petitions stand disposed of in terms referred hereinabove. All miscellaneous applications on record, also stands disposed of as having become infructuous. A copy of this order be kept in the files of all the writ petitions which have been disposed of by this common order.
AUGUST 17, 2009 S.N.AGGARWAL, J 'bsr'