DIR GEN WORKS CPWD Vs. DAVINDER SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18th april, 2007 passed by the learned Single Judge dismissing the writ petition of the appellant and upholding the award passed by the Central Government industrial Tribunal-cum-Labour Court-II, New Delhi (hereinafter called the "tribunal" ).

(2.) THE respondent was initially employed on 26th June, 1982 as a Wireman on muster roll and was posted in the Asian Games, Electrical Division-I, CPWD, nehru Stadium, New Delhi. His services were terminated but the appellants themselves reinstated the respondent with effect from 23rd November,1991 with full back wages and all the consequential benefits. The respondent is a qualified Electrician with a Diploma from ITI, and he has also licence of wireman, Grade-II. There were about 50 workers working in his category as wiremen, who were junior to him, who have been regularized. Specifically the case of Shri Hari Shankar was pleaded, who although was junior to the respondent and was appointed on the muster roll with effect from 30th June, 1982, his services were regularized in the time scale with effect from 31st March, 1993. The respondent, therefore, raised a claim that he too should be regularised in service as a workman with effect from 31st March, 1993, the date from which the services of his junior, namely, Shri Hari Shankar were regularised.

(3.) THE aforesaid dispute was referred to the Central Government Industrial tribunal-cum-Labour Court-II, New Delhi for the purpose of adjudication and decision on the following terms:-