M C D Vs. MOREDHWAJ

JUDGEMENT

(1.) THE petitioner is aggrieved by the award dated 11th January, 2005 passed by the Industrial Tribunal whereby the reference made to it by the appropriate Government regarding the industrial dispute raised by the respondent-workman for his promotion to the post of Section Officer with effect from 20th October, 1987 has been answered against it and a direction has been issued to it to promote respondent-workman as a Section Officer with effect from said date in proper pay scale with all consequential benefits, monetary or non-monetary.

(2.) THE undisputed facts are that the respondent-workman was employed with the petitioner, Municipal Corporation of Delhi, as a Garden Chaudhary from 26th August, 1978. It is also admitted case that with effect from 20th October, 1987 some employees who were also working as Garden Chaudhries and were junior to the respondent-workman were promoted as Section Officers while the respondent-workman was not promoted. He then raised an industrial dispute which came to be referred to the Industrial Tribunal. That reference was registered as I.D. No. 95/2003.

(3.) DURING the evidence before the Industrial Tribunal the managements witness, MW-1, admitted in his cross-examination, and which fact had been noticed by the Industrial Tribunal also in the impugned award, that two persons who admittedly were junior to the respondent-workman, namely, Amba Prasad and Hari Chand were promoted as Section Officer even though they did not possess requisite educational qualification.