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High Court of DelhiW.P.(C)/2030/2016

Suman Forwarding Agency Pvt. Ltd. v. Union Of India & ORS

2016-03-30Hon'Ble Mr. Justice V.P.Vaish3 pages

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2030/2016 WITH CM.No.8756/2016 SUMAN FORWARDING AGENCY PVT. LTD. ..... Petitioner Through:

Mr.K.K. Sharma, Sr. Adv. with Mr.Tungesh, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr.Dev P. Bhardwaj, Adv. for R-1.

Mr.K.K. Tyagi with Mr.Iftekar Ahmed, Advs. for R-2.

Ms.Asha Jain Madan, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE V.P.VAISH

O R D E R

% 30.03.2016 The petitioner has filed the present petition, inter alia, seeking directions to respondent No.1 to intervene and settle the dispute as to applicability of relevant minimum wage circular in terms of order dated 30.09.2015 issued by Chief Labour Commissioner (C), New Delhi.

Learned senior counsel for the petitioner submits that the petitioner vide agreement dated 05.10.2015 entered into the business of logistics with respondent No.2. Vide award dated 17.12.2012 the petitioner was awarded the work of handling and transportation of ISO containers and allied services at ICD-Patparganj, Delhi and in furtherance of the same an agreement dated 22.12.2012 was executed

between the petitioner and respondent No.2. The Labour Department, Government of NCT of Delhi issued a circular dated 31.03.2015 pertaining to workers employed in construction or maintenance of roads or runways and similar other underground cabling work, electric lines, water supply lines etc. He further submits that the petitioner filed an application dated 18.05.2015 under Right to Information Act seeking clarification of the aforesaid circular dated 31.03.2015.

On 28.09.2015, the petitioner was awarded a fresh contract for handling and transportation at ICD, Patparganj. He further submits that circular bearing No.1/15(5)/2015-LS-II dated 30.09.2015 was issued by Ministry of Labour and Employment, Office of the Chief Commissioner (C), New Delhi pertaining to wages.

Mr.K.K. Sharma, learned senior counsel for the petitioner submits that the petitioner made representation dated 25.02.2016 to respondent No.1 to implement the said circular, but respondent No.1 has not decided the representation so far.

Mr.Dev P. Bhardwaj, learned counsel for respondent No.1 submits that respondent No.1 shall decide the representation dated 25.02.2016 within a period of four weeks.

Learned senior counsel for the petitioner submits that he is satisfied with the aforesaid and the petition as well as application may be disposed of.

In view of the submissions made by learned counsel for respondent No.1 and the petitioner, it is deemed appropriate to dispose of the petition and application with direction that respondent No.1 shall decide the petitioner's representation dated 25.02.2016 within a period of four weeks by passing a speaking order and decision thereof shall be communicated to the petitioner within one week thereafter.

The petition and application stand disposed of. DASTI.

V.P.VAISH, J MARCH 30, 2016/gm