GOVT OF NCT OF DELHI Vs. ITS WORKMEN
LAWS(DLH)-2007-2-79
HIGH COURT OF DELHI
Decided on
February 21,2007
GOVT.OF NCT OF DELHI
Appellant
VERSUS
ITS WORKMEN
Respondents
Referred Judgements :-
WESTERN INDIA AUTOMOBILE ASSOCIATION V. INDUSTRIAL TRIBUNAL,BOMBAY AND ORS. [REFERRED TO]BIDI LEAVES AND TOBACCO MERCHANTS ASSOCIATION V. THE STATE OF BOMBAY [REFERRED TO]
SUDHOO VS. M/S. HAJI LAL MOHD. BIRI WORKS AND ORS. [REFERRED TO]
SADHU RAM VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
STATE OF GUJARAT V. PRATAMSINGH NARSINH PARMAR [REFERRED TO]
BHARAT BANK LIMITED DELHI VS. EMPLOYEES OF BHARAT BANK LTD [REFERRED TO]
HARBANS LAL VS. JAGMOHAN SARAN [REFERRED TO]
CALCUTTA PORT SHRAMIK UNION VS. CALCUTTA RIVER TRANSPORT ASSOCIATION [REFERRED TO]
CHIEF CONSERVATOR OF FORESTS VS. JAGANNATH MARUTI KONDHARE [REFERRED TO]
CHIEF CONSERVATOR OF FORESTS VS. JAGANNATH MARUTI KONDHARE [REFERRED TO]
PHYSICAL RESEARCH LABORATORY VS. K G SHARMA [REFERRED TO]
U P STATE ELECTRICITY BOARD VS. HYDRO ELECTRIC EMPLOYEES UNION [REFERRED TO]
STATE OF GUJARAT VS. PRATAMSINGH NARSINH PARMAR [REFERRED TO]
RANGE FOREST OFFICER VS. S T HADIMANI [REFERRED TO]
STATE OF HARYANA VS. HARYANA CIVIL SECRETARIAT PERSONAL STAFF ASSOCIATION [REFERRED TO]
ESSEN DEINKI VS. RAJIV KUMAR [REFERRED TO]
MANAGER R B I BANGLORE VS. S MANI [REFERRED TO]
STATE OF U P VS. JAI BIR SINGH [REFERRED TO]
R M YELLATTI VS. ASST EXECUTIVE ENGINEER [REFERRED TO]
SECRETARY STATE OF KARNATAKA VS. UMADEVI [REFERRED TO]
MANAGEMENT OF HORTICULTURE DEPARTMENT OF DELHI ADMINISTRATION VS. TRILOK CHAND [REFERRED TO]
JUDGEMENT
HIMA KOHLI, J. -
(1.)This petition is filed against an award of the Industrial
Tribunal dated 11th March, 2002, by which the petitioner management herein was
directed to designate the respondent workmen as "Mali" from the date of their
regularization and extend to them the facilities of uniform, item of liveries,
stitching charges, washing allowance and private conveyance/ cycle allowance as
per the rules.
(2.)Facts relevant for the purpose of disposing of this writ petition, as gleaned from the pleadings are as follows. The workmen under reference were engaged as casual labourers in the Horticulture Department of the Government of NCT of Delhi. Seeking regularization, certain groups of such workmen moved the Supreme Court in 1983. In the said case, entitled "Sh. Naider and Another v. Delhi Administration and Ors.", the Supreme Court vide its order dated 29th September, 1988 directed the Delhi Administration to prepare a scheme to absorb the casual labourers, who had worked for one year or more in the Soil Conservation Department and other departments of Government of NCT of Delhi and to absorb all such casual labourers as regular employees within six months from the date of the order. It was further directed that until they are so absorbed, the Delhi administration shall pay to each of the casual labourers working in the Soil Conservation Department and other departments of Government of NCT of Delhi at the rate equivalent to the minimum salary paid to regular employees in comparable posts in the said departments, w.e.f. 1st October, 1998. Thereafter, certain clarificatory orders dated 6th March and 12th March, 1990 were passed by the Supreme Court in the aforementioned matters, as to the expression "salary or wages" to be paid to the petitioner/workmen and it was clarified by Government of NCT of Delhi that minimum salary plus allowances which came to Rs.1,100/-, had to be paid to such employees.
(3.)In compliance with the above-mentioned orders of the Supreme Court, the petitioner created 999 new posts of "casual labourers" in the scale of Rs.750-950 on 21st March, 1991 and the workmen were accordingly regularized. Thereafter, on 23rd of March, 1994, further 120 posts were created and termed as "diminishing cadre" to accommodate those workmen who were over-aged and could not be regularized as "casual labourers".
(2.)Facts relevant for the purpose of disposing of this writ petition, as gleaned from the pleadings are as follows. The workmen under reference were engaged as casual labourers in the Horticulture Department of the Government of NCT of Delhi. Seeking regularization, certain groups of such workmen moved the Supreme Court in 1983. In the said case, entitled "Sh. Naider and Another v. Delhi Administration and Ors.", the Supreme Court vide its order dated 29th September, 1988 directed the Delhi Administration to prepare a scheme to absorb the casual labourers, who had worked for one year or more in the Soil Conservation Department and other departments of Government of NCT of Delhi and to absorb all such casual labourers as regular employees within six months from the date of the order. It was further directed that until they are so absorbed, the Delhi administration shall pay to each of the casual labourers working in the Soil Conservation Department and other departments of Government of NCT of Delhi at the rate equivalent to the minimum salary paid to regular employees in comparable posts in the said departments, w.e.f. 1st October, 1998. Thereafter, certain clarificatory orders dated 6th March and 12th March, 1990 were passed by the Supreme Court in the aforementioned matters, as to the expression "salary or wages" to be paid to the petitioner/workmen and it was clarified by Government of NCT of Delhi that minimum salary plus allowances which came to Rs.1,100/-, had to be paid to such employees.
(3.)In compliance with the above-mentioned orders of the Supreme Court, the petitioner created 999 new posts of "casual labourers" in the scale of Rs.750-950 on 21st March, 1991 and the workmen were accordingly regularized. Thereafter, on 23rd of March, 1994, further 120 posts were created and termed as "diminishing cadre" to accommodate those workmen who were over-aged and could not be regularized as "casual labourers".
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