JAMAL UDDIN Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) The claim of the petitioners is benefit of SSC pay scales in the same manner as granted to other employees similarly placed vide Resolution No. 26 dated 9.2.1998 read with Resolution No. 52 dated 9.6.1988 the petitioner prayed for a writ of mandamus.

(2.) The learned Single Judge before whom the similar case bearing No. C.W. 5002/97 was listed passed the following orders on 02.12.1997: C.W. No. 5002/97 The petitioner had filed a writ petition in SupremeCourt in 1993 vide C.W. No. 761/92. The same was dismissed by the Supreme Court on 8th May, 1997 with the observation that the petitioner should approach the appropriate Forum in an original proceeding for grant of such a relief in the first instance. In view of the observations made by the Supreme Court in the case of the petitioner, in the abovesaid petition, and also in the C.W. No. 647/92 in the case of Rajinder Prasad and Ors. v. Lt. Governor of Delhi and Am., decided on 24th February, 1995, the present writ is not maintainable. Directions are accordingly given that it would be in the interest of justice to go before the Central Industrial Tribunal, New Delhi and the Tribunal will decide the question raised in this petition, after permitting the parties to adduce their evidence and file additional documents, if any, on the record. The Tribunal shall decide the matter expeditiously and as expressed by the Apex Court within six months of the receipt of the paper book. With these observations petition stands disposed of.

(3.) As per this order the writ petitioners should have approached the Industrial Tribunal. The learned Judge had referred to the judgment of the Supreme Court in C.W. No. 647 of 1992, which is in the following terms: We have heard learned Counsel for the parties. The petitioners claim that they are entitled to the benefit of the law laid down by this Court in Narendra Kumar and Anr. etc. etc. v. Dharam Dutta and Am. etc. etc., 1993 Supp. (3) SCC 205, which in turn followed the decision in R.D. Gupta and Ors. v. Lt. Governor, Delhi Administration and Ors., 1987(4) SCC 505. The petitioners also relied on Babu Lal Convenor and Anr.v.New Delhi Municipal Committee and Anr.,1994Supp.(2)SCC 633. Since the petitioners have not given detailed facts in this petition under Article 32 of the Constitution of India, it would not be in the interest of justice to go into the matter on merits. Wedirect that Central Industrial Tribunal, New Delhi shall decide the question afterhearing the parties. The Tribnunal shall also permit the parties to lead evidence and place additional documents on the record. The Tribunal shall decide the matter expeditiously and preferably within six months of the receipt of this paper book. The writ paper book be sent to the Tribunal which shall be treated as a reference before that Tribunal under the Industrial Disputes Act. The paper be sent to the Tribunal by the Registry. Weare passing this order to do complete justice between the parties. The writ petition is disposed of.