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2003 Supreme(Del) 1035

MUKUL MUDGAL
M. C. D. – Appellant
Versus
NATHU RAM – Respondent


Advocates Appeared:
AMITA GUPTA, PRAGNYA K.VASA, SANJAY GHOSH

MUKUL MUDGAL J.

( 1 )

( 2 ) WITH the consent of the counsel for the parties, the matter is taken up today for final hearing.

( 3 ) THIS writ petition challenges the impugned Award 21st September, 2001 which does not grant regularization to the post of Garden Chaudhary to the respondent No. 1/workman and on the basis of the documents produced, it has only been held that the respondent No. 1/workman performed the work of Garden Chaudhary and hence accordingly entitled to be paid the wages of Garden Chaudhary for the period with effect from 1st October, 1983 till his promotion.

( 4 ) THE relevant finding on this issue is to be found in Para 9 of the award which reads as follows:-

"on perusal of Ex. WW1/25 it is revealed that the name of workman is against the column of name of Garden Choudhary and it has separately a list of Beldar and Mali. The other documents Ex. WW1/7, Ex. WW1/9, Ex. WW1/10 (two) i. e. (D 10 and D11), Ex. WW1/12, Ex. WW1/14, Ex. WW1/15, Ex. WW1/17, Ex. WW1/18, Ex. WW1/19, Ex. WW1/21, Ex. WW1/24, Ex. WW1/25, Ex. WW1/27 and Ex. WW1/28 are showing that the workman was assigned the job of Garden Choudhary. Therefore, the workman has established that he has been performi




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