Judgment:
ORDER
Under the orders of Additional Commissioner (HQ) dated 20.1.99, the following sewage Beldars who were transferred from DDA to MCD vide office order No. and dated shown against each, are hereby repatriated to the DDA with immediate effect, as they have given in writing to their respective Executive Engineers (CSE) that they will not work as Sewage Beldars for clearing and maintenance of Swears/Nallas:-
---------------------------------------------------------------------------------S. Name Of The Office Order No. Date Vide Which Name Of The No. Sewage Transferred To Division Of Cse MCD Where At PresentPosted But RefusedTo Work-----------------------------------------------------------------------------------1. Sh. Ram Kishan s/o E.O. No. 17 Dt. 11.2.98 Najafgarh ZoneSh. Raj Kumar2. Shri Tuloo Ram s/o E.O. No. 17 Dt. 11.2.98 Rohini ZoneSh. Baisakhi Ram3. Shri Tak Chand S/o E.O. No. 10 DT. 10.10.98 Rohini Zone Sh. Mammoo Lal4. Sh. Shambhoo Pd. Singh E.O. No. 10. DT. 10.10.98 Rohini Zones/o Sh. Jai Narain Singh 5. Shri Dharam Pal S/o E.O. No. 10. DT. 10.10.98 Narela ZoneSh. Nandoo Ram6. Shri Surinder Pal S/o E.O. No. 153. DT. 12.2.98 Narela ZoneSh. Ram Mehar7. Shri Surender Kr. S/o E.O. No. 19. DT. 11.2.98 Narela ZoneSh. Raghubir Singh8. Shri Mewa Lal S/o E.O. No. 19 DT. 11.2.98 Narela ZoneSh. Shiv Bax9. Shri Jaswant Singh S/o E.O. No. 19 DT. 11.2.98 Civil Line ZoneSh. Ram Pd.10. Shri Prem chand s/o E.O. No. 16 DT. 11.2.93 Rohini ZoneSh. Sundra Singh11. Shri Suresh Pal S/o E.O. No. 13 DT. 11.2.98 Narela ZoneSh. Ram Phal-------------------------------------------------------------------------------------All the Ex. Engineers (CSE) concerned are requested to relieve them to report back to the Executive Engineer, RPD 6/DDA for duty, under intimation to this office.
This issues for information and necessary action by all concerned.'
5. Thus, the employees are sought to be shuttled between the two authorities, both of which are Government departments. The learned counsel for the MCD is not present inspire of service.
6. In view of this admitted position of the employment of the petitioners subject to dispute as to by whom they were employed, the application for interim relief was made in the Tribunal pending the determination leading to impugned order dated 4th August, 2003 which reads as follows:-
'4.8.2003
Present : Mohd. Farrukh Proxy for AR for W/M AR for Mgt. No. 2.
An application has been filed for grant of interim relief from the mgt. containing the averments on similar lines as made in the statement of claim on which issues had already framed.
Since, no affidavit has been filed by way of WE for which purpose, the case was fixed for today, the application is dismissed.
Date is sought for leading WE, To come up for WE on 17.9.2003. Mgt. has also filed list of documents along with documents.
Sd/-
PO IT 1
4.8.2003'
7. In my view the interim order is unreasoned and cannot be sustained at all. This is a case which cried out for interim relief because it was not in dispute that the petitioners are employed either by the DDA or MCD. The only dispute in the reference was whether the transfer to MCD by the DDA of the petitioners was valid. The two departments are battling about whose employees the petitioners are and in the process eleven employees have not been paid since 1998. It is not difficult to imagine the severe trauma undergone by employees who are in service and have not been paid wages since 1998. The impugned order thus, clearly shows non-application of mind. Accordingly, it is set aside. The MCD is directed to ensure that all arrears up to date in the post of beldars available to the petitioners similar to the similarly situated employees from 21st July, 1998 up to date, be paid to the petitioners within four weeks from today. The amount shall carry an interest @ 6% per annum. The M.C.D. shall also pay costs of this writ petition which in the shocking circumstances of this case are quantified at Rs.10,000/- . The MCD will also continue to pay wages month to month on or before 7th day of every month. However, this is only an interim arrangement pending the determination of the dispute raised in the reference dated 9th January, 2002 for adjudication and depending upon the result of the adjudication. The incidence of the interim payment is to be apportioned/fastened. In case it is found that the transfer from DDA to the MCD was not valid then all the amount paid as per this interim order including interest thereon awarded today @ 6% p.a., shall be paid back to MCD by the DDA within four weeks of such demand being raised by MCD enclosing details of such payment. In case the transfer to MCD is upheld then this order will merge in the final award of the Industrial Tribunal.
8. The writ petition stands allowed and is disposed of accordingly.