MUNICIPAL CORPORATION OF DELHI Vs. GANESH RAZAK
LAWS(SC)-1994-10-27
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on October 20,1994

MUNICIPAL CORPORATION OF DELHI Appellant
VERSUS
GANESH RAZAK Respondents

JUDGEMENT

J.S. Verma, J. - (1.) Leave granted.
(2.) The common intention for decision in these matters is the maintainability of the claim of respondents in proceedings under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The respondents are all daily-rated/ casual workers of the appellant-Municipal Corporation of Delhi, who claim that they were doing the same kind of work as the regular employees and, therefore, they were required to be paid by the appellant the same pay as the regular employees on the principle of equal pay for equal work. On this basis, they claim computation of the arrears of their wages at the rate at which the wages are paid to the regular employees, in accordance with Section 33C(2) of the Act. Their applications made to the Labour Court under Section 33C(2) of the Act led to the award in their favour, accepting this claim. Writ Petitions were filed in the Delhi High Court by the appellant-Municipal Corporation challenging those awards. The writ petitions having been dismissed these appeals arise by special leave.
(3.) The appellants challenge to the maintainability of the respondents claim in proceedings under Sec. 33C(2) of the Act is on the ground that the claim of workmen to be paid at the same rate as the regular workmen being disputed, proceedings under S. 33C(2) of the Act were not maintainable for grant of this relief. The Labour Court and, thereafter, the High Court have rejected this contention. The same argument is reiterated before us in these appeals.;


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