MCD Vs. RAJPAL AND 232 ORS.

JUDGEMENT

(1.) The issue involved in the present writ petition relates to parity of scales of pay of Chowkidars/Security Guards posted in the Health Department of the Municipal Corporation of Delhi (hereinafter referred to as the „MCD), vis-a-vis Chowkidars posted in other departments of the MCD. The dispute arose because Chowkidars/ Security Guards posted in the Health Department of the MCD, were being paid 2610-4000 per month, whereas Chowkidars/Security Guards in other departments of the MCD were paid 2500-3200. The learned Industrial Tribunal (hereinafter referred to as the „learned Tribunal) has, vide the impugned Award dated 11th January, 2010, held that Chowkidars/Security Guards, who were posted in other departments of the MCD, were entitled to be paid the scale of pay granted to Chowkidars/Security Guards posted in the Health Department, i.e. 2610-4000. Reliance has been placed, for the said purpose, on the judgment of this Court in Municipal Corporation of Delhi v. Ram Kishan, (2007) 98 DRJ 254 (DB), which affirmed the judgment dated 16th February, 2006, passed by the learned Single Judge in WP(C) 1610/2005 and connected cases (Ram Kishen v. Commissioner, MCD). Arrears, however, have been awarded, by the learned Tribunal, only for the period commencing 1st January, 2002.

(2.) The term of reference, in the order of the appropriate Government referring the dispute for adjudication to the Labour Court, read thus:

(3.) The workmen, in their Statement of Claim, submitted that Chowkidars were performing the same duty as security guards, irrespective of their site of posting but that Chowkidars/Security Guards posted in the Health Department were paid a higher scale than Chowkidars/Security Guards posted elsewhere in the MCD ( 2550- 3200, vis-a-vis 2610-4000). That their duties were identical, it was submitted, stood settled by the judgment of the Division Bench of this Court in Ram Kishan (supra ) which also directed the MCD to fix all of them in the same pay scale, i.e. 210-250 (pre-revised), with effect from 1st January, 1986. This decision, as already noted, was rendered by a Division Bench of this Court exercising Letters Patent Appellate jurisdiction, and upheld the judgment, of learned Single Judge, rendered on 20th February, 2006, in a batch of writ petitions, headed by Ram Kishen v. M.C.D. [WP (C) 1610/2005].