Delhi High Court: Salary onus on MCDs, Delhi government

The Delhi high court observed that the payment of salary of MCD workers is the “collective responsibility” of the municipalities as well as the Delhi government.

“We are not concerned who will pay the wages. All the respondents (MCDs and the Delhi government) have to ensure that salaries are paid. It has to be a collective responsibility,” a bench of Chief Justice G. Rohini and Justice Jayant Nath said and added that “in future also salary cannot be withheld”.

It also asked the corporations whether they cared about their employees, as wages of even doctors and teachers had not been paid.

After one of the workers’ unions submitted mini-statements before the court indicating they have not received their wages and contended that such a problem had occurred in June last year as well, the court asked the unions to provide a list of the workers who have not yet got paid.

On the other hand, the corporations filed affidavits saying the salaries of all safai karamchaaris have been released, adding that some of them may not have got the salaries due to delay at the banks’ end and assured the bench that everyone would get their wages in a couple of days.

The bench, thereafter, listed the matter for hearing on February 15 when it said it would also consider the other grievances raised by the sanitation workers. “First thing, we want to ensure is that salaries are paid to all safai karamchaaris. Then we will consider other issues,” it said. It also said if the workers continued the strike despite payment of salaries, the court would then have to consider whether it is illegal.

The bench was hearing two PILs seeking cleaning of garbage from the streets, which was littered due to the strike by the sanitation workers, as well as directions to the corporation and the Delhi government to pay their wages.

This contention was opposed by the corporations which said “each and every penny” has been released and delay was at the banks’ end.

On Wednesday the Delhi high court sought the responses of the Lt Governor and three municipal bodies on a PIL seeking unification of the corporations.

“The matter requires consideration. File your counter affidavits,” a bench of Chief Justice G Rohini and Justice Jayant Nath told the counsels for the LG and the East, South and North Delhi municipal corporations.

The court’s order came on the plea of Sharad Tiwari who has sought unification of the three corporations on the ground that trifurcation has created the ongoing problem of lack of funds to pay salaries of the MCD employees.

The court has listed the matter for further hearing on March 23.