R K AGGARWAL Vs. P O INDUSTRIAL TRIBUNAL
LAWS(DLH)-2007-8-107
HIGH COURT OF DELHI
Decided on August 29,2007

R.K.AGGARWAL Appellant
VERSUS
P.O.INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

HIMA KOHLI, J. - (1.) The present petition has been filed by the petitioner workman, praying inter alia for quashing of the award dated 5th June, 1990 passed by the Industrial Tribunal (hereinafter referred to as `the Tribunal') whereunder the relief of regularization was granted to the petitioner workman w.e.f. the date of reference i.e. 10th September, 1985 instead of granting the same from the date of his appointment, i.e., 2nd June, 1977.
(2.) A brief narration of the relevant facts is necessary. The petitioner workman was employed with the respondent Municipal Corporation of Delhi (MCD) w.e.f. 2nd June, 1977 as an Assistant Sanitary Inspector and was being treated as a daily rated/casual/muster roll worker and was being paid lesser remuneration than those of his counterparts who were being treated as regular employees. The petitioner workman served a demand notice on the respondent MCD seeking regularization w.e.f. the date of his joining the services. Thereafter conciliation proceedings followed and on failure of the same, vide reference dated 10th September, 1985, the matter was referred for adjudication to the Tribunal on the following terms: "Whether Shri Rajesh Kumar Aggarwal is entitled to be regularised on the post of Assistant Sanitary Inspector in the pay scale of Rs.260-400, if so, from which date and what directions are necessary in this respect."
(3.) The petitioner workman claimed that he was entitled to be regularized on the post of Assistant Sanitary Inspector in the pay scale of Rs, 260-400 with all consequential benefits w.e.f. 2nd June, 1977. In its written statement, the respondent MCD took the stand that the regular pay scale is allowed only to those employees who were recruited on regular basis and who fulfilled all the conditions of the Recruitment Rules (RRs) notified for the post of ASI and that the petitioner workman did not fulfill the conditions of the RRs as he did not have the requisite qualification of matriculation with Science.;


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