M.C.D. Vs. SIRPAL

JUDGEMENT

(1.) THE petitioner challenges the Award dated 16th March, 2001 passed by the learned Industrial Tribunal whereby the reference made to it by the appropriate Government in respect of the industrial dispute raised by the respondent no. 1-workman in respect of his claim for his regularization as Electric Motor Driver with effect from 15th May, 1977 in the pay-scale of ` 260-400 was answered in his favour and he was ordered to be regularized as Electric Motor Driver with effect from 15th May, 1977.

(2.) THE respondent no. 1-workman was appointed in the electricity department of Municipal Corporation of Delhi (hereinafter to be referred as `the management') as a daily wage Beldar on 9th March, 1973. He claimed that he had been doing the duties of Electric Motor Driver with effect from 15th May, 1977. THE management confirmed him on 26th April, 1988 but as a Beldar with effect from 1st April, 1980 in the pay-scale 196-3-220-3-232. THE respondent no. 1- workman's grievance was that he should have been confirmed as Electric Motor Driver from 15th May, 1977 when he was asked to perform the duties of that post. THE management having not acceded to that demand he raised an industrial dispute which in due course came to be referred to the Industrial Tribunal for adjudication. Before the Industrial Tribunal the respondent no. 1-workman had filed his statement of claim in which he had pleaded the aforesaid facts. THE management had refuted the claim of the petitioner in its written statement that he should have been regularized as Electric Motor Driver.

(3.) FEELING aggrieved, the petitioner-management approached this Court by filing the present writ petition.