Non- Appearance- Delhi High Court Issues Bailable Warrants Against President, Secretary Of MCD Swachhta Karamchari Union
A division judge bench of Justice Vipin Sanghi and Justice Rekha Palli today issued bailable warrants against the President and Secretary of MCD Swachhta Karamchari Union for failing to appear before the court in an application by the East Delhi Municipal Corporation (EDMC) against strikes and garbage dumping on roads by sanitation workers to protest against non-payment of...
A division judge bench of Justice Vipin Sanghi and Justice Rekha Palli today issued bailable warrants against the President and Secretary of MCD Swachhta Karamchari Union for failing to appear before the court in an application by the East Delhi Municipal Corporation (EDMC) against strikes and garbage dumping on roads by sanitation workers to protest against non-payment of salaries.
The court said that while it was looking into the issue of non-payment of salaries, bonus, pensions and other grievances of the workers, it would not tolerate any kind of "indiscipline".
In a previous hearing in the matter, the court had directed the Presidents of two Municipal Corporation of Delhi (MCD) unions – the MCD Swachhta Karamchari Union and the All Municipal Corporations Staff Union – to present themselves before the court.
While the President for the All Municipal Corporations Staff Union was present today, the other two parties failed to present themselves, triggering the court's issue of bailable warrants for their production.
Counsel for the Municipal Corporations, Manu Chaturvedi, said that the demands of the workers were already being considered by the Delhi High Court and orders had also been passed in this regard by the bench of Justice Sanjeev Sachdeva, however, despite this, the workers were now again threatening that they would go on strike from tomorrow.
Chaturvedi claimed that the corporations had already filed their status report, and it stated that EDMC had already paid salaries till the month of January.
"That is not even their grievance," Chaturvedi said.
Justice Vipin Sanghi replied to this stating, "This is very funny. Non-payment of salaries is not a grievance?"
Seeking clarity on the issue, the court asked its questions to the President of the All Municipal Corporations Staff Union, as to why they wanted to go on strike if the salaries had already been paid till January.
Disputing Chaturvedi's claim, the President replied that he had not got his salary for three months now, and that North Delhi Nagar Nigam and EDMC's salaries had not been paid. He said that the supervisors, pensioners had not been paid contrary to the EDMC's claims and that the senior citizens were also suffering.
After hearing both parties, Justice Sanghi said to the President, "This is absolutely wrong, your salaries and pensions must go. We are looking into it, we will assure that. But if you go on strike again and again and harass the public, is that right? This kind of anarchy, is it right? If required, we will attach their property. The work you're doing for the city is very important."
However, it warned the Unions that its workers actions by way of dumping garbage on the streets was "illegal" and would not be tolerated in a society governed by law.
He said, "We will take action against you all as well, if you take law into your own hands. If the matter was not before court, and then you'd gone on strike, it would be a different matter. But the matter is now before court, so do not take law into your hands. You are providing an essential service, you cannot behave in this manner, you must understand your responsibility."
Upon the court's warning against action if the workers took law into their hands, and reassurance that the court was looking into the matter of release of their salaries, pensions, and bonus, the President assured the court verbally that they would not go on such strikes anymore