MANAGEMENT WATER SUPPLY AND SEWAGE DISPOSAL UNDERTAKING OF MUNICIPAL CORPORATION OF DELHI THIRITS ADDITIONAL COMMISSIONER WATER Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL NO III

JUDGEMENT

(1.) This writ petition is filed against award dated 29.2.1996 passed by Industrial Tribunal No. III in ID No. 45/91. Industrial dispute was referred to the Tribunal with the following terms of reference:-

(2.) The case of the respondent workman before the Tribunal was that since the workman was performing the duties of Mason from the date of his initial appointment, he was entitled to be regularised as Mason and he was also entitled to get the pay of Mason since he was working as such. It was an admitted case of the parties that workman was not employed on permanent basis but was employed on daily rated basis. After discussion the evidence on record as well as various pronouncements of Supreme Court and this Court, the relief of regularisation to the respondent workman was denied by observing as under:-

(3.) Thereafter the Industrial Tribunal proceeded to decide the question as to whether respondent workman was entitled to get the salary of Mason on the ground that he was discharging the same duties as are being discharged by Masons appointed on regular basis. Labour Court had noted that although the management had tried to set up the case that duty of daily wager is different from the work performed by regular employees but the management had miserably failed to establish the same and the returned the findings that daily wagers were also performing the same duties are being performed by regular employees. Relying on various judgments, Industrial Tribunal gave the direction to the petitioner to pay the respondent workman salary of wages equivalent to minimum salary paid to regular employees namely Masson/Beldar w.e.f. 1.3.1996 with other allowances and benefits till he is regularised. The relevant portion of the award reads as under:-