MUNICIPAL CORPORATION OF DELHI Vs. MAHESH

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the award dated 7th November, 2001 passed by Industrial Tribunal III whereby the Industrial Tribunal has directed that the services of the respondent be regularized with effect from 1.4.1991.

(2.) Briefly, the fats are that the respondent/workman claimed that he was entitled for regularization from the date of his initial appointment, which was not agreed to by the petitioner and following dispute was referred for adjudication to the Industrial Tribunal:

(3.) The Industrial Tribunal recorded evidence of the parties and during evidence, the respondent/workman could not give the name of anyone of the employees junior to him who had been regularized before him. The stand of the petitioner was that the regularization of all the employees was being done in a phased manner in terms of the scheme of the petitioner and the respondent was regularized with effect from 1.4.1994 in the pay scale of Rs.750-940. The Tribunal, however observed that the witness of the management could not deny during his oral evidence if Mr. Bedi and Mr. Mahesh were regularized from 1.4.1991 or not. On the basis of the fact that the witness could not admit or deny the regularization of Mr. Bedi and Mr. Mahesh with effect from 1.4.1991, the Tribunal ordered for regularization of the respondent/workmen with effect from 1.4.1991.