R K AGGARWAL Vs. P O INDUSTRIAL TRIBUNAL
HIGH COURT OF DELHI
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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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