Municipal Corporation Of Delhi vs Workmen, Namely Virendra Kumar, ...
2010 Latest Caselaw 21 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                        W.P.(C.) No. 15125/2004

%                  Date of Decision: 06th JANUARY,2010

#     MUNICIPAL CORPORATION OF DELHI                       .....PETITIONER

!                  Through:   Mr. Sanjeev Sabharwal, Advocate.

                                    VERSUS

$     WORKMEN, NAMELY VIRENDRA KUMAR, RAM NATH, RAM KUMAR
      AND MOHAN LAL AS REPRESENTED BY HOT MIX PLANT, MAZDOOR
      UNION
                                              .....RESPONDENTS

^                  Through:   Mr. K.L. Gupta, Advocate for the
                              respondents.

CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL

1. Whether reporters of Local paper may be allowed to see the judgment? YES

2. To be referred to the reporter or not? YES

3. Whether the judgment should be reported in the Digest? YES

S.N.AGGARWAL, J (ORAL)

The Municipal Corporation of Delhi in this writ petition seeks to

challenge an industrial award dated 03.12.2002 in I.D. No. 103/1993

directing it to grant pay scale of Rs. 330-560 (pre-revised) w.e.f.

01.01.1973 and pay scale of Rs. 1200-2040 w.e.f. 01.01.1986 to the four

workmen namely S/Sh.Virender Kumar, Ram Nath, Ram Kumar & Mohan

Lal, who are respondents in this writ petition.

2. Arguments of counsel for both the parties have been heard in the

matter.

3. The respondents workmen were employed as Assistant Operators

on Hot Mix Plant in the Municipal Corporation of Delhi since 1973. There

are posts of drivers also in the Municipal Corporation of Delhi. Till 1989,

the operators working on Hot Mix Plant and the drivers were both getting

same pay scale of Rs.260-400/- pre-revised). In 1989, the petitioner

Municipal Corporation of Delhi revised the pay scale of the drivers from

Rs.260-400/- to Rs.330-560/- (pre-revised). The petitioner did not grant

the same higher pay scale of Rs.330-560/- to the operators working on

the Hot Mix Plant. Aggrived therefrom, the respondents workmen had

raised an industrial dispute for grant of same pay scale of Rs.330-560/-

(pre-revised) to them as has been granted by the petitioner Municipal

Corporation of Delhi to the drivers.

4. The Labour Court, upon consideration of the evidence produced by

the parties before it, has directed the petitioner Municipal Corporation of

Delhi vide award impugned in the present writ petition that the

respondents workmen are also entitled to have the benefit of higher pay

scale of Rs.330-560/- (pre-revised) w.e.f. 01.01.1973 and pay scale of

Rs.1200-2040/- w.e.f. 01.01.1986. It is aggrieved by this award of the

Industrial Tribunal, the petitioner Municipal Corporation of Delhi has filed

the present writ petition seeking setting aside of the said award inter-alia

on the ground that the recruitment rules for the post of drivers and for

the post of Assistant Operators on Hot Mix Plant are different and they

both perform duties of different nature. Mr. Sanjeev Sabharwal learned

counsel appearing on behalf of the petitioner Municipal Corporation of

Delhi has referred and relied upon the recruitment rules applicable to the

post of drivers and that applicable to the post of Assistant Operators in

Municipal Corporation of Delhi which are there at pages 23-24 of the

paper book to contend that the recruitment rules for these two posts are

different and therefore according to him, the impugned award suffers

from perversity and is liable to be set aside. I have considered this

argument advanced on behalf of the petitioner in the light of material

available on record.

5. Upon consideration of the above argument advanced on behalf of

the petitioner, I have not been able to persuade myself to agree with the

submission of Mr. Sabharwal. On going through the recruitment rules

applicable for the post of drivers and that applicable for the post of

operators on Hot Mix Plant, it may be seen that the recruitment rules for

these two posts were and are different both before 1989 and after 1989.

It is not disputed by Mr Sabharwal appearing on behalf of the petitioner

Municipal Corporation of Delhi that though recruitment rules for drivers

and operators were different even prior to 1989 but still the operators as

well as drivers were getting the same pre-revised pay scale of Rs.260-

400/- till the time Municipal Corporation of Delhi upgraded the pay scale

of drivers in 1989. Learned counsel appearing on behalf of the petitioner

has no explanation to the question that if prior to 1989 the drivers and

operators were granted the same pay scale though recruitment rules for

them were different then how and why they can be discriminated in the

matter of grant of pay scale to these two categories of employees even

after 1989 when there was absolutely no change in their recruitment

rules. Furthermore, the Tribunal below has taken into account the same

pay scale being granted to the operators and the drivers in NDMC. The

respondents workmen were therefore rightly awarded the benefit of

higher pay scale that was granted by the petitioner Municipal Corporation

of Delhi to the drivers and no fault can be found in the said award.

6. In view of the foregoing, I do not find any illegality or perversity in

the impugned award that may call for an interference by this Court in

exercise of its writ jurisdiction under Article 226 of the Constitution. This

writ petition therefore fails and is hereby dismissed leaving the parties to

bear their own costs.

JANUARY 06, 2010                                       S.N.AGGARWAL, J
'A'