MARKANDEYA KATJU, C. J.

( 1 ) THIS Writ Appeal has been filed against the impugned judgment of the learned Single Judge dated 21. 8. 2002 by which the writ petition was dismissed.

( 2 ) HEARD learned counsel for the parties and perused the record.

( 3 ) THE writ petitioner, the Delhi Jal Board had filed the writ petition praying for quashing of the award of the Industrial Tribunal dated 27. 11. 1999. By that award the Tribunal directed regularisation of the concerned workmen i. e. Sh. Mahabir Singh, Sh. Amarjit Singh, Sh. Ganga shahi, Sh. Panna Lal, Sh. Abdul Wahid and Sh. Jitender Singh as Pump operators in the regular pay-scale and allowances. The management was directed to determine the date of the regularisation and make payment of arrears of salary and allowances with other benefits.

( 4 ) THE writ petitioner, the Delhi Jal Board was constituted under the provisions of the Delhi Water Board Act, 1998 and was statutorily vested with the powers and functions in relation to water and sewerage. Prior to its constitution these functions were being undertaken and performed by the Delhi Water Supply and Sewage Disposal Undertaking, a department under the Delhi Municipal Corporation Act, 1957. However, after the enactment of the Delhi Water Board Act, 1998 the functions of the entire staff of the erstwhile Delhi Water Supply and Sewage Disposal Undertaking was vested with the petitioner, the Delhi Jal Board.

( 5 ) THE claim of the workmen before the Industrial Tribunal was that they had joined the employment of the Delhi Development Authority as daily Wage Pump Operators on Muster Rolls on different dates. In 1983-84 as per the case of the workmen their services were transferred to the management of Delhi Water Supply and Sewage Disposal Undertaking w. e. f 10. 6. 1984 as Pump Operators under the JJ Scheme, Madangir. Alleging that they were doing work of a permanent and regular nature, the workmen had claimed regularisation with retrospective effect from the date of joining the employment of the management in the graded pay scales with all benefits. They contended that they acquired the status of permanent employment with effect from their joining the employment on completion of 90 days of continuous service.

( 6 ) THE predecessor-in-interest of the petitioner i. e. , Delhi Water Supply and Sewage Disposal Undertaking contested the claim of the respondents before the Tribunal and filed a written statement. It was stated in the written statement that the services of these workmen were transferred by the Delhi Development Authority alongwith transfer of some colonies from the DDA to the Municipal Corporation of Delhi on "as is where is" basis and as such they could not be entitled to appointment other than as Daily wagers. It was alleged that the workmen were not entitled for regularisation on the post of Pump Operators since the Pump Operators can only be selected under the recruitment rules which had not been followed in the case of these workmen.

( 7 ) A reference was made to the Industrial Tribunal under the Industrial disputes Act as to whether the aforesaid workmen were entitled to be regularised on the post of Pump Operators from the date of their initial date of appointment and what relief they were entitled to. The claim/ws and rejoinder before the Tribunal are annexure I to III to the writ petition.

( 8 ) THE Tribunal by its award dated 23. 11. 1999 directed that Sh. Mahabir Singh, Sh. Ganga Shahi and Sh. Abdul Wahid be regularised as pump Operators in the regular pay-scale and allowances and be granted arrears of salary and allowances. True copy of the award is annexure VI to the writ petition.

( 9 ) IT is alleged in para 11 of the writ petition that Sh. Amarjit Singh, sh. Panna Lal, Sh. Abdul Wahid and Sh. Jitender Singh were regularised on the post of Beldars on their own request. The offer for regularisation on the post of Beldar to these workmen was given by the Management, which was unconditionally and voluntarily a

Click Here to Read the rest of this document