DELHI ADMINISTRATION Vs. YOGENDER SINGH

JUDGEMENT

(1.) The facts giving rise to this writ petition need to be recapitulated in some detail.

(2.) It appears that in December 1983 since there were posts of Horticulture Assistants/Plant Protection Assistants, the Employment Exchange was asked to sponsor names, consequent upon which the names of the respondents were forwarded. They were selected on July 17, 1984 and all of them joined between August 1, 1984 and August 9, 1984. The appointments, however, were as daily paid workers. They continued to so work till the year 1987 when the Department took the decision to appoint them on adhoc basis till regular appointments were made. This appointment on adhoc basis was upto February 28, 1989. Much before the said date, the respondents had made representations for being treated as regular/permanent employees from the date of their joining service. However, since the representations were found unpalatable, they gave birth to dispute regarding their regularisation and by order dated January 12, 1987 the Delhi Administration referred the same to the Industrial Tribunal for adjudication. The terms of reference were as under:

(3.) On November 26, 1988 the Industrial Tribunal passed the Award which was notified in the Delhi Gazette on January 11, 1989. It was held that the respondents No.1 to 15 were entitled to be regularised from the date of their initial appointment. The Award was made accordingly. Needless to say the Delhi Administration is aggrieved by the said Award. Hence this writ petition.