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2004 DIGILAW 188 (DEL)

M. C. D v. RISHPAL SINGH

2004-03-10

MADAN B.LOKUR

body2004
( 1 ) THE Petitioner is aggrieved by an Award dated 4th March, 1999 passed by the learned industrial Tribunal in I. D. No. 49/1991. ( 2 ) THE question before the learned Tribunal was whether the Respondent workman is entitled to be promoted as a Sanitary Guide and if so from which date and what directions are necessary in this respect. ( 3 ) THE Respondent workman was assigned the job of a Sanitary Guide some time in 1980 and he continued as such till he was placed under suspension on 13th October, 1988. He was later reinstated on 6th december, 1988. He continued to work as a sanitary Guide thereafter till 4th October, 1989 when he was reverted to the post of safai Karamchari without any apparent reason. It is on this basis that an industrial dispute was raised. ( 4 ) THE contention of the Petitioner before the learned Industrial Tribunal was that as per the Recruitment Regulations the post of a sanitary Guide is to be filled up by a person who has passed 8th class and has three years experience as a Safai Karamchari. The fact that the Respondent workman has requisite experience is not in dispute. It was contended before the learned Tribunal as it is contended before me, that the Respondent workman was only 5th class pass, therefore, he could not be promoted to the post of a sanitary Guide. ( 5 ) THE learned Tribunal has mentioned in paragraph 10 of the Award that the recruitment Regulations were not proved by the Petitioner. Learned counsel for the petitioner, however, says that the recruitment Regulations was placed on record and no further proof was required. ( 6 ) LEARNED counsel for the Respondent workman has placed before me the recruitment Regulations for the post of sanitary Guide. A perusal of these Regulations shows that they were notified on 14th March, 1984, which is much later than the date of initial appointment of the Petitioner to the post of the Sanitary Guide, which was in 1980. Obviously, the relevant rules as existing in 1980 were not placed before the learned industrial Tribunal nor have they been placed before me. ( 7 ) UNDER the circumstances, I cannot find any fault in the Award passed by the learned industrial Tribunal. Obviously, the relevant rules as existing in 1980 were not placed before the learned industrial Tribunal nor have they been placed before me. ( 7 ) UNDER the circumstances, I cannot find any fault in the Award passed by the learned industrial Tribunal. The petitioner has not made out any case for denying the promotion to the Respondent in the post of Sanitary Guide. ( 8 ) THE learned Industrial Tribunal took into consideration the long experience of the respondent workman in the post of a Sanitary guide, but to my mind this is not relevant in the view that I have taken. ( 9 ) THE writ petition is dismissed.