Karambir Khatri v. East Delhi Municipal Corporation

1. We are happy to note that after much negotiations, the parties have 2021:DHC:4415-DB arrived ata settlement with a view to mutually work outtheir contracts in an integrated manner.

2. The terms & conditions on which the two parties shall now perform their works under their respective contracts, i.e. Tender 1 in favour ofthe petitionersand Tender2infavourofrespondentNo.2,arethefollowing:

1. R&spondcntNo. 1 hoscigfeedto utilize 290Auto Tippers upto the period ofthe contract ofthe Petitioners, bifurcating utilization ofAuto Tippers in 2parts. 150 Auto Tippers to he used by EDMC & 140 Auto Tippers to be utilized by the RespondentNo. 2. under the terms and conditions contained in Tender 1

2. Respondent No. 1 shall engage 150 Auto Tippers ofthe Petitioners on thesame termsandconditions as ofTender -1.

3. It is agreed that 140 Auto Tippers shall be integrated in the work of the Respondent No. 2 under Tender-2 on the following terms— i. The Petitioners would operate on the routes decided by the Respondent No. 2and under the general instructions ofthe Respondent No. 2. The supervision ofTender 1 would be under a Nodal Officer appointed by the EDMC — Sh. YVVJ Rajshekhar IAS, Deputy Commissioner Shahdara (North). Moreover, in case ofany dispute between the Petitioners and Respondent No. 2 the same shall be resolved by the Commissioner, EDMC or any person nominated by the Commissioner. In terms ofthe contract the GPSData and Bio Metric Attendance Data collected by the Petitioners shall be shared with the Nodal Officer on a regular basis. a. The monitoring of the Auto Tippers of the Petitioners should be done by R-1 as they are doing for R-2 and the Petitioners should in no way be subjected to monitoring/penalties etc. by Respondent No. 2. Penalty will be as per Tender 1, to be imposed by Respondent No. 1. No penaltyfor any work done by Petitioners shall be levied on RespondentNo. 2. Hi. That the Petitioners will be performing the contract as per the applicable rules including the EDMC Waste Management Byelaws 2017 and as per Clause 3.[3] of the Appendix8and Clause 1,Appendix9ofthe Tender 1. The costs ofmodification shallbe borne by the Petitioners in compliance with Clause 1.17.1.2,ServiceLevelAgreementofTender 1. iv. The contractrates willcontinue asper Tender 1.

V. The term of contract shall be in terms of the Tender

Condition andrespective work orders. vi. R-1 will continue to make the payment as per Tender 1. Termination notices be withdrawn. Respondent No.2 shall be carrying out its award/contract dated 07.11.2019fully and on its own upon the expiry ofthe terms ofthe Petitioners."

3. Mr. Kanth has also shared with us the office order, whereby a Nodal Officer, namely Sh. YVVJ Rajshekhar, IAS, Deputy Commissioner Shahdara(North), has been appointed with a view to supervise the working of the two sets of contractors, i.e. the petitioners on the one hand and the respondent No.2 on the other hand. The terms & conditions taken note of hereinabove, shall bind all the parties, namely the petitioners in the two writ petitions, the EDMC as well as the respondent No.2, i.e. Metro Waste Handling Pvt. Ltd. In view of the aforesaid agreement, the respective contracts ofthe parties shall stand modified as per their mutual agreement, terms whereofhave been noted hereinabove.

4. The petitions are disposed ofinthe aforesaid terms.

5. Atthis stage,learned counsel for the petitioners states thatin view of the pendency of these petitions, the petitioners have not been paid under their contracts for the last many months. We hope and expect that the EDMC shall fulfil all its obligations in respect oftheir respective contracts with the parties and release payments without any delay.

6. We must express our appreciation for the role played by Mr. Kanth, learned counsel for the EDMC as well as learned counsel for the parties in helping the parties to arrive at a working arrangement by way of the aforesaid settlement. GHI,J FEBRUARY 08,2021 B.S. Rohelln