Delhi HC Directs National Institute of Electronics & IT To Ensure Payment Of Statutory Dues, Salaries Of NDMC's Data Entry Operators Without Delay

The Delhi High Court has directed the National Institute of Electronics & Information Technology to ensure payment of statutory dues and salaries of data entry operators working with the North Delhi Municipal Corporation on or before 20th October 2021.

Justice Pratibha M Singh also clarified that stringent action would be liable to be taken against the contractor i.e. NIELlT in case of failure of the said direction.

The development came in Petitions filed by NDMC's data entry operators engaged on a contractual basis, through the Contractor- National Institute of Electronics & Information Technology.

The grievance of the petitioners was that they were served with an email by NIELIT on 30th September 2021 stating that the contract between the NIELlT and the NDMC is going to expire on 30th September 2021, and therefore, the workers should not report to the NDMC from 1st October.

During the course of hearing, counsel appearing for NDMC submitted that the Standing Committee of the Corporation had passed a Resolution by which the contract of NIELIT has been extended till 31st December2021. 

On the other hand, the NIELIT submitted that it is willing to continue the Petitioners on a contractual basis.

Taking note of the fact that the NDMC did not give any instructions to NIELIT to either terminate the Petitioners or to ask them not to report to work, the Court said:

"Under such circumstances, the e-mail that has been sent by the contractor - NIELIT to the Petitioners, is quite surprising and inexplicable. In fact, once the Resolution bearing Resolution No. 95/2021 stating that the contract of NIELIT is extended till 31st December 2021, has been passed by the Standing Committee of the Corporation, such an email being written by NIELIT on 30th September 2021 was completely uncalled for."

The Court therefore said that the petitioners will continue to work with the NDMC as they were in the past and that they shall not be terminated or restrained from working except in accordance with law.

"However, if the NrDMC choses to avail of the GeM portal or engage any other contractor as per the prescribed procedure at a later stage, they are permitted do so, so long as the new contractor does not change the service conditions of the Petitioners, till the pendency of the disputes before the Conciliation Officer and the Labour Court," the Court added.

Accordingly, the petitions were disposed of.

Title: PRAMOD PANDEY & ANR v. NORTH DELHI MUNICIPAL CORPORATION & ORS.

Click Here To Read Order