NEW DELHI MUNICIPAL COUNCIL Vs. BUDH RAM

JUDGEMENT

(1.) THIS writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner challenging the award dated 30.03.2012 passed by the learned Presiding Officer, Industrial Tribunal, Karkardooma, Delhi in ID No. 17/2010 whereby the respondent (hereinafter referred to as 'Workman') was held entitled for regularisation to the post of Peon/Helper w.e.f. 04.10.1995 i.e. the date his junior has been regularised.

(2.) FOR the purpose of considering the legal contentions urged on behalf of the parties and with a view to find out whether this Court is required to interfere with the impugned award of the Labour Court, the necessary facts are briefly stated hereunder: -

(3.) STATEMENT of claim was filed which was disputed by the management on the ground that the workman was appointed as Peon on temporary muster roll basis w.e.f. 04.10.1989 at the rate of Rs. 23.25 paise per day. The muster roll services was extended from time to time and last extension was granted to him on 31.08.1990. As such the workman completed 225 days of service on muster roll as Peon. Thereafter his services were discontinued. The workman filed a complaint against NDMC to the Labour Office regarding unfair labour practice. Since the matter could not be settled, as such it was referred to the Labour Court and an award was passed on 07.01.2002 in favour of the workman and against NDMC. In order to implement the said award, the office issued a posting order dated 11.11.2002 whereby the workman was appointed as Helper on TRM basis and posted in PR department. A note dated 04.12.2002 of PR department was received in the office whereby it was intimated that instead of physically joining his duties, the workman had sent his joining report through Central Registry Branch on 03.12.2002 and thereafter did not perform his duties. In the meantime, a notice was also received from the Implementation Cell and copy of posting order dated 11.11.2002 was shown. The Implementation Officer had given the claim amounting to Rs. 2,52,531/ - on account of back wages w.e.f. 01.09.1990 to 31.08.2002 of the workman. The said amount of claim was paid to the workman. Subsequently on 17.11.2003, Shri Budh Ram submitted a fresh joining report whereby he requested to allow him to resume his duties. A fresh posting order dated 03.12.2003 was issued by the management. He was appointed as Helper on TRM basis with immediate effect and posted in Charak Palika Hospital. Thereafter Budh Ram joined his duties on 10.12.2003. The Implementation Cell again sent a claim of Budh Ram amounting to Rs. 41,983/ - w.e.f. 01.09.2002 to 09.12.2003 and the amount was paid to the workman. A writ petition was filed by NDMC in this Court against the orders of Implementation Cell regarding payment for the period 11.11.2002 to 09.12.2003 for which the workman did not perform his duties. However, as per the orders of the High Court, Rs. 35,762/ - was also paid to the workman. The workman also filed a complaint against NDMC before Assistant Labour Commissioner for his reinstatement in service on the post of Peon/Helper in proper pay scale and allowances with retrospective effect from the initial date of his joining i.e. from 04.10.1989 and to pay him entire difference of salary on the principle of equal pay for equal work. However, his claim was not tenable and the Assistant Labour Commissioner conducted the proceedings without any relief to the workman and therefore, the case was closed by the NDMC.