VASUDEV SHARMA Vs. MCD

JUDGEMENT

(1.) We have heard the learned counsel for the appellant, who has filed the present appeal, being aggrieved by the impugned order dated 4th May, 2007 passed by the learned Single Judge, whereby the writ petition filed by the appellant was dismissed. In the said writ petition, the appellant had prayed for giving effect to the Award passed by the Industrial Tribunal No.III. The learned Single Judge has extracted the said Award in the impugned Order and after hearing the learned counsel for the parties and going through the records, the learned Single Judge was of the opinion that the Award has been fully implemented and, therefore, there is no scope of issuing any further direction in the matter.

(2.) Learned counsel for the appellant submits that as per the Award, the respondent is required to pay regular pay scale with increments and increase in salary payable to typist/clerk. It is contended by the learned counsel for the appellant before us that after passing the aforesaid award, the Corporation had paid to the appellant arrears along with increments in part from 26.12.1988 to 31.3.2004 and, therefore, the arrears along with increments should be paid for the subsequent period as well.

(3.) What is sought to be enforced and implemented is the Award dated 16th March, 2002 passed by the Industrial Tribunal No.III. The said Award was passed on the basis of the reference made on the following questions :-