MCD Vs. PRAKASH CHAND

JUDGEMENT

(1.) Vide the present petition, petitioner/MCD has assailed the award dated 27.01.2010, whereby Ld. Industrial Tribunal qua issue no. 3 has held that the payment of first ACP to workman / respondent, fitter in the pay scale of Rs.4,000 to Rs.6,000/- w.e.f 09.08.1999 with all consequential benefits is justified. Accordingly, respondent / workman 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 post of fitter does not have any promotional hierarchy in the Horticulture Department, in which the respondent / workman was working. Therefore, in accordance with the first schedule of Gazette Notification dated 31.09.1997 of Ministry of Finance (Department of Expenditure) the respondent was granted ACP Scheme and his pay scale and was revised time to time as per his entitlement.

(3.) It is further averred that there is no post of head fitter in the Corporation. One post of fitter was created on ad hoc basis for a period of six months only in the year 1983 in the pay scale of Rs.380 Rs.500, on which one Sh. Sultan Singh was appointed. Thereafter, this post was automatically abolished as no fitter has been appointed after the implementation of the ACP Scheme.