DIRECTOR GENERAL Vs. SURESH PAL

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated July 21, 2005 passed by the Central Government Industrial Tribunal-cum-Labour Court (Industrial Tribunal in short), whereby the Industrial Tribunal has answered the reference by directing, that the respondent be regularised from the date of grant of temporary status to the respondent with effect from September 01, 1993.

(2.) At the outset, it may be stated here that the petitioner has challenged the award qua two persons namely S/Shri Suresh Pal and Man Singh. Later, on May 13, 2009, the counsel for the petitioner had submitted that he is confining the relief only against the respondent No. 1, Suresh Pal. Thus, the writ petition shall be considered qua Suresh Pal only.

(3.) It was the case of the respondent before the Industrial Tribunal that he was engaged as Beldar on hand receipt basis on January 01, 1986 in M-Division upto May 31, 1986 and again engaged on June 21, 1986 and was continuously working in Pushp Vihar, Maintenance Division, Pushp Bhawan, New Delhi. According to him, the work of the petitioner was to maintain the buildings owned by the Central Government and is an industrial establishment governed by the Industrial Employment (Standing Orders) Act, 1946. The respondent has been doing unskilled work but, his services have not been regularised by the petitioner till the date when he raised the Industrial Dispute. According to him, after the orders of the Supreme Court in the matter of Surinder Singh and Ors. Vs. Engineer-in-Chief CPWD and Ors., 1986 AIR(SC) 584 he has been getting wages in the basic pay of Rs. 750-940/- with all allowances. It was also his case that the persons junior to him have been regularised. He claimed regularisation with effect from January 01, 1986.