Decided on February 19,2007

BALERAM Appellant
M C D Respondents


- (1.) IN this writ petition, the petitioners have assailed the award dated 2nd August, 2004 passed by the Presiding Officer, Industrial Tribunal (hereinafter referred to as 'the Tribunal') holding that the transfer of the petitioners was not illegal and that they were not entitled for regularization from the initial date of their appointment. With the aforementioned findings, the reference was answered against the petitioners and the award was passed accordingly.
(2.) A brief narration of the relevant facts is necessary. Vide reference dated 6th October, 1998, the dispute between the respondent and the petitioners was referred for adjudication to the Tribunal in the following terms: " (i) Whether transfer of Sh. Rajesh Kumar, balram and Sanjay Sharma from Licensing department to Horticulture Deptt. vide order dated 10-4-96 by the management is illegal, unjustified and/or mala fide and if so, to what relief are they entitled and what directions are necessary in this respect. (ii) Whether non-regularisation of services of daily wages workmen S Shri Rajesh Kumar, balram and Sanjay Sharma on the post of peon from their respective initial date of appointment in proper pay scale by the management is illegal and/or unjustified and, if so, what directions are necessary in this respect?"
(3.) A statement of claim was filed on behalf of the petitioners claiming, inter alia, that the petitioners were transferred by the respondent illegally as they were working as Peons and had never worked as beldars, and that the jobs of Peons and Beldars were quite different in nature. It was further stated before the Tribunal that there was no condition of service by which the petitioners could be transferred. Thus the petitioners in protest against their transfer, did not join the duties as Beldars in the horticulture Department and remained unemployed since 10th April, 1996. With regard to the second terms of reference, it was submitted by the petitioners that they were treated as monthly paid/muster roll workers and were paid minimum wages; that they were entitled to regularization of services from the initial date of their joining,;

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