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2005 Supreme(Del) 238

MUKUL MUDGAL
GOVT. OF NCT OF DELHI – Appellant
Versus
WORKMEN BY DELHI PRASHASAN VIKAS VIBHAG EMPLOYEES UNION – Respondent


Advocates Appeared:
GEETA LUTHRA, RICHA SRIVASTAVA, SANJOY GHOSE

MUKUL MUDGAL, J.

( 1 ) THE petitioner is the Horticulture Department of Government of NCT of delhi. The claim was raised by the muster roll employees of the petitioner i. e. respondent/union for the minimum pay scale paid to regular employees. Relying on the judgment of the Hon ble Supreme Court in Sh. Niader and Others vs. Delhi administration and Another in Writ Petition No. 9609-10/1988, the Tribunal held in favour of the respondents by granting them the minimum of the respective scale till their regular absorption.

( 2 ) THIS writ petition challenges the award dated 1st February, 2003 wherein by referring to the directions given by the Hon ble Supreme Court in Sh. Niader and others vs. Delhi Administration and Another in Writ Petition No. 9609-10/1988, the following order was passed:- in Niader and Another case the concerned petitioners were directed to be regularised and the employer was also directed to absorb them and also pay the wages to them till they are absorbed on the minimum of the respective pay scale. If the facts and circumstances are considered, the case of the present workmen is not on better footing. Therefore, the workmen are only entitled to the wages as paid











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