MCD Vs. MAHENDER PRATAP SINGH

JUDGEMENT

(1.) Vide the present petition, petitioner/Municipal Corporation of Delhi (MCD) has assailed the award dated 06.02.2010, whereby the learned Industrial Tribunal qua issue No. 2 has held that the payment of second ACP to workman/respondent in the pay scale of Rs.4500 to Rs.7000/- w.e.f. 09.08.1999 with all consequential benefits is justified. Accordingly, workman/respondent is entitled to this scale with all consequential benefits w.e.f. 09.08.1999.

(2.) The grounds urged in the present petition are that the post of Fitter is an isolated post and does not have any promotional hierarchy in the Horticulture Department of MCD, in which the respondent/workman was working. Therefore, in accordance with the First Schedule of Gazette Notification dated 30.09.1997 of Ministry of Finance (Department of Expenditure), respondent was granted Assured Career Progression (ACP) and his pay scale was revised time to time as per his entitlement.

(3.) It is further averred that there is no promotional post of Head Fitter in the Corporation. Presently the post of fitter in the pay scale of Rs.3050 4590 is an isolated post in the Horticulture Department of the Corporation and no post of Mechanic exists in the said Department. However, the learned Tribunal has wrongly relied upon the Rules and Regulations of the Erstwhile Fire Department of the petitioner and granted the award in favour of the respondent/workman by holding that the respondent/workman was entitled to the pay scale of Rs.4000-6000 in the first ACP and to the pay scale of Rs.4500-7000 in the second ACP, whereas, the respondent/workman was working as a Fitter in the Horticulture Department.