DELHI JAL BOARD Vs. SHYAM LAL

JUDGEMENT

(1.) This writ petition has been preferred by Delhi Jal Board (DJB) with respect to the award dated 9th September, 2002 of the Labour Court on the following reference

(2.) The petitioner contested the claim of the workman by pleading that the workman was offered the post of regular Beldar but in the meantime an inquiry was started against him of the charge of tampering his date of birth in the school leaving certificate for gaining employment as Beldar and therefore the muster roll of the workman was suspended and hence his service could not be regularized. It was the further the plea that the petitioner was following the phased programme of regularization of muster roll employees.

(3.) The Labour Court has in the award impugned in this writ petition, in para 10 observed that the workman has been regularized in the service on the post of Beldar w.e.f. 01.04.1989 in the proper pay scale and therefore the question whether the workman is entitled to be regularized or not stands answered in the affirmative and the only question which remained to be decided was the date from which the workman was entitled to be regularized. The Labour Court observing that the petitioner had not supplied any reason as to why the workman could not be regularized from the initial date of appointment and relying upon Ramji Lal Vs. N.I.H. & F.W. (2002) V AD (Delhi) 872 held the workman entitled to be regularized from the initial date of appointment i.e. 2nd April, 1984 in the proper pay scale and allowance of Beldar.