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The MCD past moved the HC, challenging CAT’s bid solely connected the crushed that it is “not successful a presumption to wage involvement astatine the complaint of 12% p.a.” to Singh owing to its precarious finances.
The Delhi High Court has refused to judge the Municipal Corporation of Delhi’s contention that “it is facing utmost fiscal crisis” portion challenging a Central Administrative Tribunal (CAT) bid connected the grant of retiral benefits to a erstwhile adjunct municipal caput with an involvement of 12% per annum.
Terming the MCD’s stance arsenic “unthinkable successful law, too amounting to unfair labour practice”, the tribunal Wednesday held that the civic body’s refusal to wage the involvement magnitude connected grounds of fiscal situation was “inherently unbelievable”.
Bijender Singh retired from the station of Assistant Municipal Secretary connected May 31, 2019. He moved the CAT aft his status benefits were not paid. The CAT, connected February 6 this year, directed MCD to merchandise the outgo of involvement connected the delayed outgo of gratuity astatine GPF complaint and connected the different retiral benefits astatine 12% per annum from the owed date.
The MCD past moved the HC, challenging CAT’s bid solely connected the crushed that it is “not successful a presumption to wage involvement astatine the complaint of 12% p.a.” to Singh owing to its precarious finances.
Dismissing the MCD’s plea, the seat of Justices Hari Shankar and Sudhir Kumar Jain recorded successful its order: “It can’t beryllium believed the MCD does not person funds to wage 12% involvement to the responsive (Singh) arsenic directed by the learned Tribunal. We are sanguine that funds disposable with the MCD are acold successful excess of involvement which would beryllium payable to the responsive @ 12% connected his retiral arrears. Besides, determination is nary iota of worldly connected grounds that tin enactment the contention that MCD is successful specified a dire fiscal situation that it is not successful a presumption to wage involvement astatine the complaint of 12% p.a. connected retiral dues of the responsive which has been unjustly withheld from him.”
Noting that unjustified hold successful non-payment of retiral benefits indispensable beryllium met with a “zero-tolerance approach”, the seat recorded, “It indispensable beryllium remembered that endurance of a conscientious authorities servant, and his family, successful the evening of their lives, is often babelike connected their retiral benefits. Expeditious and punctual disbursal of retiral benefits is, therefore, of the essence…”
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