Bhiku Ram Thr. Lr vs M.C.D.
2011 Latest Caselaw 1973 Del

                                                    UNREPORTABLE


*     IN THE HIGH COURT OF DELHI AT NEW DELHI


                           WP (C) No.1214/2007


                                       Date of Decision: April 05, 2011


      BHIKU RAM THR. LR                     ..... Petitioner
                      through Mr. Rajiv Agarwal, Advocate

                      versus


      M.C.D.                                     ..... Respondent
                           through Mrs. P.L.Gautam, Advocate

      CORAM:
      HON'BLE MISS JUSTICE REKHA SHARMA

1.    Whether the reporters of local papers may be allowed to see
      the judgment? No
2.    To be referred to the reporter or not? No
3.    Whether the judgment should be reported in the „Digest‟? No

REKHA SHARMA, J. (ORAL)

The present writ-petition has been filed by the widow of

late Shri Bhiku Ram who was working as a Mason with the

respondent since the year 1984. Shri Bhiku Ram had raised an

industrial dispute which was referred to the Industrial Tribunal with

the following terms of reference:-

"(1) Whether Sh. Bhiku Ram S/o Sh. Gagan Singh, Mason, is entitled to be regularized on the post of Mason from their initial date of

WP (C) No.1214/2007 Page 1 appointment i.e. 14.11.84 in the proper pay scale & allowances, and if so, what directions are necessary in this respect.

(2) Whether the said workman is also entitled to wages as is admissible to the regular counterparts, irrespective of his employment as a muster roll worker by the management, and if so, what directions are necessary in this respect? & what relief is he entitled in this regard."

During the pendency of the reference, Shri Bhiku Ram died. In

view of his death, the Industrial Tribunal declined to answer the

reference, stating that, "since, the workman in the present case has

died on 25.10.05, no regularization order could be passed in his

favour."

Having heard learned counsels for the parties, I am of the

view that the Industrial Tribunal fell in error in not deciding the issue

of regularization, merely because the workman had died. The

regularization of a workman does not merely mean a job to him on

regular basis. It also carries with it certain financial benefits.

Hence, notwithstanding the death of the workman, it was incumbent

on the Tribunal to decide the issue of regularization. Assuming the

Tribunal had decided the issue in his favour, his wife would have

become entitled to receive financial benefits flowing from such an

order.

For the fore-going reasons, I remand the case back to the

Industrial Tribunal to give its finding on the issue of regularization of

WP (C) No.1214/2007 Page 2 the workman as expeditiously as possible preferably within six

months. The parties are directed to appear before the concerned

Industrial Tribunal on April 27, 2011.

The writ-petition is disposed of.

REKHA SHARMA, J.

APRIL 05, 2011
ka




WP (C) No.1214/2007                                       Page 3