MUNICIPAL EMPLOYEES UNION Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS is a writ petition filed by the Municipal Employees Union against the award dated 22nd December, 1994 passed by the Presiding Officer, Industrial Tribunal ? I (hereinafter referred to as the "Tribunal") whereby workman, Raghubir Singh, was denied the relief of regularization to the post of Workman from the date of his appointment, i.e., 10th June, 1984 in the post of Beldar/Mali.

(2.) ON behalf of workman, Raghubir Singh, statement of claim was filed before the Tribunal claiming regularization of workman, Raghubir Singh, in the post of Beldar/Mali from the date of his initial appointment. Written statement therein was filed by Municipal Corporation of Delhi, respondent No.2 (hereinafter referred to as "respondent"). The said petition came to be dismissed vide impugned award dated 22nd December, 1994. It is against this order that the present petition has been filed.

(3.) THE statement of claim before the learned Tribunal was filed as ,,workman care of Municipal Employees Union. THE learned Tribunal had taken note of the fact and rightly so that all the proceedings, such as issue of notice, conciliation proceedings, statement of claim before the Conciliation Officer and also before the Tribunal were taken by Rajiv Aggarwal, Secretary of Municipal Employees Union on behalf of the workman, Raghubir Singh. Not even a single document was placed on record to show the interest of workman in the proceedings before the Tribunal. From the impugned award, it appears that it was Union through its Secretary, Rajiv Aggarwal, who had taken up the cause of workman, Raghubir Singh, even without his desire and it also appears that it may not be at his instance. It was surprising to note such a state of affair that the ,,Industrial Dispute was taken up by the Union alone even without there being anything on record to show any interest of the workman in the whole proceeding, so much so, the affidavit of evidence was also filed by the Secretary, Rajiv Aggarwal. THEre were certain facts with regard to the date of joining of workman, Raghubir Singh, as daily wager, as taken by respondent, which remained uncontroverted by the workman. In the statement of claim, the plea of Union was about workman, Raghubir Singh, having joined as daily wager some time on 10th June, 1980, whereas as per respondent/MCD his date of joining as per the muster roll was since July 1987. Further plea of the respondent/MCD that a seniority list was prepared for regularization of such daily wagers and all those who had joined uptil 1979 had been included in the said list and further that the name of workman, Raghubir Singh, would be shown in the subsequent list that may be drawn later as and when there are vacancies. All these facts have also remained uncontroverted before the Tribunal.