EXECUTIVE ENGINEER CPWD Vs. GHANSHYAM SINGH AND ORS

JUDGEMENT

(1.) Vide the present petition under Articles 226 & 227 of the Constitution of India, the petitioner/CPWD impugns the Award dated 21st June, 2011 passed by the learned Labour Court No.1, Karkardooma Courts, New Delhi in ID No.61 of 2011. By way of the impugned order, the Court has directed the petitioner/CPWD to pay gratuity to the twelve respondents at the time of their superannuation/death by including the period during which they had worked on muster roll.

(2.) The undisputed facts which emerge from the record are that the respondents were initially engaged as Beldars on muster roll basis during the period from 1979 to 1984 and were subsequently regularised on different dates during the period from 1991 to 1993. In 2004, the respondents raised an industrial dispute seeking regularization from the date of their initial appointment on muster roll basis, which was referred by the competent authority to the learned Labour Court. Before the learned Labour Court, the respondents gave up their relief for regularization and confined their relief to get gratuity by including their service for the period during which they had served as muster roll employees. The learned Labour Court after considering not only the scope of Rule 14 of the CCS (Pension) Rules, 1972 but also the effect of the Office Memorandum (OM) dated 14th May, 1968 which was reiterated on 26th June, 2006, found merit in the respondents' claim that they were entitled to get gratuity by including their period of service on muster roll.

(3.) Aggrieved with the aforesaid Award, the petitioner/CPWD has approached this Court by way of the present petition.