M.C.D. vs Brij Bala And Anr.
2003 Latest Caselaw 975 Del

JUDGMENT

Mukul Mudgal, J.

1. Rule.

2. With the consent of both the counsel for the parties, the writ petition is taken up today for final hearing.

3. This writ petition challenges the impugned Award dated 1st July, 1999, passed in I.D. No.167 of 1996 by the Labour Court I, Delhi by which the petitioner Management was directed to grant the pay-scale lawfully due to the respondent No.1/workman herein and fix her pay in the pay-scale of Rs.1350-2000 with effect from the date of her appointment i.e., 13th December, 1991.

4. On 13th December, 1991, the respondent No.1/workman was appointed as House Keeper/Caretaker on compassionate grounds after the death of her husband. However, it is not disputed that she is qualified for the post of House Keeper/Caretaker. The only dispute involved in the present writ petition is whether the respondent No.1 was entitled to be granted the pay-scale of Rs.950-1400/- or Rs.1350-2200/- on her appointment w.e.f. 13th December, 1991 as House Keeper/Caretaker.

5. The Industrial Tribunal has relied upon Ex. WW 1/2 and certain office nothings to come to a finding in favor of the respondent No.1/workman that the post of House Keeper/Caretaker carries the pay-scale of Rs.1350-2200/-.

6. Ms. Amita Gupta, the learned counsel appearing on behalf of the petitioner/MCD has sought to rely upon the 1983 Recruitment Rules which demonstrates that for the post of House Keeper/Caretaker, the pay-scale was Rs.260-400/- which was upgraded to the pay-scale of Rs.950-1400/-. In the counter affidavit filed by respondent No.1 in this Court, reliance has been placed on the Schedule of Establishment for the years 1988-89; 1992-93 and 1998-99 in respect of Daya Nand Hospital, Shahdara, Delhi prepared by the MCD themselves which show that the pay-scale for the post of House Keeper/Caretaker is Rs.1350-2200/- and its further upgradation as per the 5th Pay Commission Report. In response to the above plea, the only plea taken in the rejoinder is without specifically denying the averments about the Schedule of Establishment pleaded in the counter, it is merely denied that the pay-scale for the post of House Keeper/Caretaker is Rs.1350-2200/- but it is Rs.950-1400/- as per regulations. Learned counsel for the petitioner also submitted orally that these schedules are mere budget allocations. However, such a plea is not taken by the petitioner in the pleadings and the petitioner cannot be permitted to raise such a plea at the final hearing.

7. Learned counsel for respondent No.1 has also relied upon the recommendations made on 1st October, 1994 and the notation made therein to show that the pay-scale of Rs.1350-2200/- exists for the post of House Keeper/Caretaker. Thus it is found that even in this Court the petitioner MCD has not been able to demonstrate that the pay-scale for the House Keeper/Caretaker was not Rs.1350-2200/-. The regulations relied upon by the petitioner are outdated and of the year 1983 vintage and cannot be relied upon by the petitioner.

8. In this view of the matter, there is no infirmity in the impugned Award dated 1st July, 1999 as clear averments supported by the petitioner's own documents have been made in the counter affidavit filed by respondent No.1 before this Court as well as produced before Industrial Tribunal which demonstrate the correctness and sustainability of the award.

9. Accordingly, the writ petition is dismissed with no order as to costs. Consequently the interim order dated 13th July, 2001 stands vacated.