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2005 DIGILAW 51 (DEL)

MUNICIPAL CORPORATION OF DELHI v. WORKMAN (MATES)

2005-01-17

B.C.PATEL, SANJAY KISHAN KAUL

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B. C. PATEL, C. J. ( 1 ) AGAINST the concurrent finding of Industrial tribunal in I. D. No. 72/1997 decided on 9. 10. 2002 and learned Single Judge in Civil writ No. 2526/2003 on 29. 5. 2003 this appeal is preferred. ( 2 ) AGAINST the order made by Industrial tribunal this Court exercises jurisdiction under article 227 of the Constitution of India and ordinarily the decision of the Tribunal is not required to be interfered with unless it is perverse or is contrary to law or which is based on no evidence. That is not the case here and, therefore, it is difficult for us to understand how this Letters Patent Appeal could have been filed. Learned Single Judge has pointed out the decision of the Apex court on which reliance has been placed by the Tribunal for deciding the issue and we are in agreement with the views expressed by learned Single Judge. In para 4, learned Single judge has considered that the matter with regard to disparity, which would be there is causing inequality in the M. C. D itself, as contended by the counsel. Learned Single judge has pointed out that the order ensures that unless and until seven years are completed in service by the mates in M. C. D. they shall not be given parity with the mates in C. P. W. D. Hence, we find no reason to entertain this appeal, which is hereby dismissed. .