National Technical Research Organisation v. Ajay Kumar Sinha & ORS

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8688/2015 NATIONAL TECHNICAL RESEARCH ORGANISATION ..... Petitioner Through Mr.

Arun Bhardwaj,CGSC with Mr.Nikhil Bhardwaj and Mr. Abhinav Sharma, Advocates versus AJAY KUMAR SINHA & ORS ..... Respondents Through Mr. Padma Kumar, S. Advocate for R-1 to R-3

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 15.11.2019

1. The National Technical Research Organisation (NTRO) has filed this petition challenging impugned order dated 15th May, 2015 passed by the Central Administrative Tribunal (CAT) partly allowing the three OAs filed by the three respondents i.e. OA. Nos.2477/2014, 2478/2014 and 3121/2014.

2. The limited relief granted by the CAT is that of quashing the order issued by the Petitioner seeking a recovery of Rs. 1,28,810/- from the Respondent No.1 and Rs. 3,96,058/- from the Respondent No.3 was quashed. The CAT also ordered the refund of Rs.1,58,744 already recovered from Respondent No.3. The second relief granted is that the petitioner has been asked to pay

the Respondents the minimum wage applicable in terms of the Minimum Wages Act.

3. It is not in dispute that both the reliefs granted by the CAT to the Respondents are consistent with the judgments of the Supreme Court. As far as the non-recovery of the aforesaid amounts from the Respondents who were Group „C‟ employees, the legal position is settled by the judgment of Supreme Court in State of Punjab v. Rafiq Masih (2015) 4 SCC 334.

4. As regards the direction from the payment of minimum wages, the same is covered by the judgment of Supreme Court in the State of Punjab v. Jagjit Singh (2017) 1 SCC 148.

5. In that view of the matter, the impugned order of the CAT does not call for interference.

6. The petition is accordingly dismissed.

S. MURALIDHAR, J.

TALWANT SINGH, J.

NOVEMBER 15, 2019 rr