M C D Vs. SHANKAR

JUDGEMENT

(1.) THE petitioner-management is aggrieved by the Award dated 24th May, 1999 passed by the Industrial Tribunal while declining the relief of regularization as a Garden Chaudhary to the respondent no. 1- workman direct the petitioner-management to pay him wages which are payable to a Garden Chaudhary from 5th December, 1986 till the time he had performed the duties of a Garden Chaudhary.

(2.) THE relevant facts as pleaded by the respondent no. 1-workman are that he was employed with petitioner-management as a Mali in the year 1960 and from 5th December, 1986 the officials of the Horticulture department had assigned him the duties of a Garden Chaudhary and ever since then he was performing the duties of that post. He sought his regularization as a Garden Chaudhary but since the management did not concede to that demand he approached the labour Authorities and in due course the appropriate Government referred his claim of regularization for adjudication to the Industrial Tribunal. THE term of the reference was as under:- "Whether Shri Shankar is entitled to be regularized as Garden Choudhary and if so, since when and what directions are necessary in this respect?"

(3.) AFTER filing its written statement, the petitioner-management stopped participating in the proceedings before the Industrial Tribunal and the Industrial Tribunal accepting the unchallenged testimony of the respondent no. 1-workman passed an Award directing the petitioner-management to pay to him the salary payable to a Garden Chaudhary from 5th December, 1986 till the time he had performed the duties as a Garden Chaudhary but the relief of regularization claimed by him was declined.