M C D Vs. ITS WORKMEN

JUDGEMENT

(1.) The present petition has been filed by the petitioner, Municipal Corporation of Delhi (MCD) praying inter alia for quashing/setting aside the award dated 14.10.2004 passed by the Industrial Tribunal (hereinafter referred to as "the Tribunal") whereunder it was held that the respondent workmen were entitled to initial pay scale as admissible to their counterparts without any allowance, from the date of their appointment.

(2.) Briefly stated, facts of the case are that the respondent workmen joined the petitioner MCD in its Horticulture department as Malis/Beldars on muster roll basis and were being paid minimum wages as fixed and revised from time to time by Delhi Administration for casual unskilled workers. Their counterparts who were working on a regular basis were given a definite pay scale besides other allowances. The respondent workmen raised an industrial dispute claiming regularization on the post of Mali/Beldar from the dates of their initial appointments and claiming same wages for their muster roll period of service as were being given to the regular employees in the proper pay scale. The dispute was referred to the Tribunal for adjudication in the following terms of reference:

(3.) During the pendency of the proceedings, the respondent workmen were regularized as per the phased manner policy of the petitioner MCD. Therefore, the only question left to be adjudicated by the Tribunal was as to whether the respondent workmen were entitled to grant of equal pay from the date of their initial appointment as was being paid to their counterparts who were appointed on regular basis. After hearing the contentions of the parties, the Tribunal relied on various judgments of the Supreme Court on the issue of "equal pay for equal work", and arrived at the conclusion that the respondent workmen were entitled to initial pay scale as admissible to their counterparts without any other allowance, from the date of their appointment.