MANAGEMENT OF CPWD Vs. HAR LAL

JUDGEMENT

(1.) THE challenge in this petition is to the award dated 11 th October, 2004 of the Industrial Tribunal on the following reference:

(2.) THE Industrial Tribunal held that the action of the petitioner employer in not regularizing the services of the respondent workman as Mason w.e.f. April, 1986 to be unjustified and held the workman to be deserving of being regularized from April, 1986, with all benefits and emoluments that had accrued to the permanent employees on the same date. THE petitioner employer was directed to pay the arrears which had so become due, within one month of the award failing which the same were to incur interest at 6% per annum.

(3.) IT however appears that subsequently a document dated 1 st October, 1985 was produced before the Industrial Tribunal and which contained the name of the respondent workman amongst those to whom wages for the period w.e.f. 21st August, 1985 to 20 th September, 1985 were paid. The respondent workman on the basis thereof pleaded that he had in his claim petition wrongly claimed his induction in the petitioner employer w.e.f. April, 1986 and that in fact he was inducted into the services on 21 st August, 1985 i.e. before the ban dated 19th November, 1985 on direct recruitment.