Prem Chand vs Municipal Corporation Of Delhi
1999 Latest Caselaw 1186 Del

ORDER

A.K. Sikri, J.

1. Rule.

2. Since short question is involved, with consent of the parties the matter is taken up and finally disposed of today.

3. Petitioner, a daily wager worked for a few months in the years 1984- 1987 when his services were terminated on 13th October, 1987.

4. In another writ petition being Civil Writ Petition No. 2692 of 1986 seeking regularisation of service by daily wagers working in Municipal Corporation of Delhi (hereinafter referred to as MCD, for short), this Court vide order dated 17th December, 1987 directed respondent-MCD to accommodate as many daily wagers as it can throughout the year and prepare a list of such daily wage workers according to their length of service. In order to facilitate preparation of this list certain directions were given in the said order. Direction No. 1 reads as under :-

"The respondents shall prepare a joint seniority list of all these categories of workers/Beldars. Their seniority would be determined on the basis of the dates of their initial appoint- ment. Their length of service would be counted in the manner that if the worker even has been employed for four months or five months in a year, and he has worked every year for the said period without break. If the initial date of appointment of some workers is the same, then their inter-se seniority would be according to the age.

5. Petitioner has filed this writ petition stating that although he was initially appointed in the year 1984, the seniority list prepared by the respondent-MCD is in respect of the year 1987. In the counter-affidavit filed by the respondents it is not disputed that the petitioner was initially appointed w.e.f. 10th July, 1984. As per the counter affidavit he worked from 10th July, 1984 to 13th October, 1987 in the following manner:-

      YEAR           WORKING DAYS
     1984           110 days  
     1985           127 days
     1986           156 1/2 days
     1987           134 days 

 

It is however submitted by the respondent that as the petitioner did not complete 240 days of continuous service in each year total length of service of the petitioner was taken into consideration and his name was put in the list of 1987 as his services were terminated in that year.

6. The approach of the respondent in preparing the list including the name of the petitioner is not according to the terms of Direction No.1 as it categorically mandates that the seniority lists of daily wagers would be taken on the basis of dates of their initial appointment. Court was conscious of the fact that many workers have not worked for 240 days in a year and have worked for four to five months in a year. The case of the petitioner, therefore, falls in this category. As per this, inter se seniority was to be reckoned from the date of initial appointment i.e. 10th July, 1984 and consequential benefit of regularisation be given to him on this basis. All the necessary procedure in this respect be completed within a period of four months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of with the above direction.

7. No order as to costs.