M.C.D. Vs. SURENDER KUMAR AND ORS.

JUDGEMENT

(1.) By way of this writ petition under Article 226 of the Constitution of India, the petitioner/Municipal Corporation of Delhi has challenged the award dated 10th March, 1998 passed by the Presiding Officer, Labour Court-VII, Tis Hazari, Delhi in ID No.331/1988.

(2.) The respondent (hereinafter referred to as "the workman") was working as a beldar/mali w.e.f. 26th August, 1978 with the petitioner and felt aggrieved by the action of the petitioner whereby he was not allowed to join duties on 12th February, 1985, as such, raised an industrial dispute. On failure of the conciliation proceedings, the appropriate Govt. referred the dispute to the Labour Court for adjudication with the following terms of reference:-

(3.) Statement of claim was filed by the workman alleging inter alia that he joined as beldar/mali in the management of the petitioner w.e.f. 26 th August, 1978 as a daily rated/casual/muster roll in the Garden Department, Civil Line Zone, Delhi and his services were regularized w.e.f. 1st April, 1992 in the proper pay scale.