MCD Vs. RAJ KUMAR

JUDGEMENT

(1.) By filing this writ petition the petitioner -management seeks to challenge the award dated 24th March, 2009 passed by the Industrial Tribunal whereby the respondent -workman, who was working as a Garden Chaudhari with the petitioner, was held entitled to be promoted to the post of Sec. Officer from the date other Garden Chaudharies, who were juniors to him, had been promoted. He was given all consequential benefits also.

(2.) The relevant facts are not much in dispute. The respondent -workman was appointed as a Garden Chaudhari on daily wage basis in the year 1978. He was retained as a daily wager for many years which led to raising of an industrial dispute by him for his regularization. That dispute was referred to the Industrial Tribunal where it was registered as I.D. No. 173/1995. Vide award dated 10th July, 2000 the Industrial Tribunal accepted the claim of the respondent -workman and directed his regularization as a Sec. Officer with effect from 2nd July, 1984. That award was challenged by the petitioner herein but its writ petition (being writ petition no. 1233/2002) was dismissed on 29th September, 2003.

(3.) In the meanwhile, nine Garden Chaudharies, who were admittedly juniors to the respondent -workman herein, had been given ad hoc promotions as Sec. Officers vide office order dated 29th September, 2000 to take effect from 3rd May, 1997. The respondent herein was, however, not given the benefit of even ad hoc promotion. That discriminatory attitude of the petitioner -management led to the raising of another industrial dispute by the respondent -workman. That dispute was also referred to the Industrial Tribunal and vide impugned award dated 24th March, 2009 the learned Industrial Tribunal has, as noticed already, made the award in his favour which is now under challenge at the instance of the petitioner -management.