- (1.) - Special leave granted. The appeal is heard. The appellant is the union of employees in the Delhi Municipal Corporation. Some of the members of the appellant union have been working as Vaccinators/Immunisors on daily wages under the Delhi Municipal Corporation for more than eight years whereas many others who have been regularly appointed and are doing same kind of work are being paid higher salary and allowances every month. Even though the Vaccinators/Immunisors who have been working on daily wages have been working for a long number of years no action has been taken by the Delhi Municipal Corporation for regularising their services. In view of the disparity in the payment of wages and the neglect on the part of the Corporation regarding the regularisation of the services of the daily rated workmen there arose an industrial dispute and the dispute was referred by the competent authority for adjudication to the Industrial Tribunal No. 3, Delhi under a notification dated 23-11-1981. The question which was referred to the Tribunal was : "Whether the workmen mentioned in Annexure 'A' need to be regularised as Vaccinators/Immunisors in the scale of Rs. 260-430 and if so, from what date and what directions are necessary in this matters -
(2.) After hearing the matter the Tribunal agreed with all the contentions of the appellants but it held that no relief could be granted to them and that they should approach either the High Court or the Supreme Court for that purpose. Accordingly the Tribunal passed an award nearly six years after the date of the reference that the workmen concerned were not entitled to be regularised as Vaccinators/Immunisors in the scale of Rs. 260-430. Aggrieved by the award of the Tribunal the appellant has filed this appeal by special leave.
(3.) After hearing the learned counsel for the parties we find that the Delhi Municipal Corporation has practically no tenable defence to the claim made by the workmen. There is no justification for the Corporation extracting the same amount of work from the workmen concerned on payment of daily wages at rates lower than the minimum salary which is being paid to other workmen who have been recruited regularly even though the workmen involved in this case have been working for a number of years. Nearly six years have elapsed from the date of the reference but without any change in the attitude of the Corporation.;