IMPORTANT POINT
The main legal point established is that in cases of industrial disputes, the Court's role is supervisory, and it will not interfere unless there is an error of law apparent on the face of the record. The Court emphasized that the writ jurisdiction is not to act as an appellate court.

JUDGMENT

Chandra Dhari Singh, J. (Oral) - The instant petition under Article 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

"(A) a Writ of certiorari or any other writ or direction quashing the impugned award dated 16.02.2002 passed by the Ld. Sh. Lal singh, ADJ/Presiding Officer, labour Court No. III, Delhi;

(B) cost of petition be awarded in favour of the Petitioner;

(C) any other order or direction as deemed fit & proper in the facts and circumstances of the case may also be passed."

2. The respondent was engaged on contractual basis as a part time Safai Karamchari in the year 1967 with the petitioner/Municipal Corporation of Delhi (hereinafter "MCD").

3. The respondent raised an industrial dispute seeking regularisation on the post of Safai Karamchari and the appropriate government vide its order bearing no. F.24(3212)/95-Lab./33303-08 dated 27th October 1995 referred the industrial dispute for adjudication to the Labour Court/Industrial Tribunal.

4. Thereafter, the respondent filed her statement of claim before the learned Industrial Tribunal contending that the respondent's counterparts, who were doing work similar to the petitioner, were treated as regular employee and the respondent, despite doing work similar to his regularised counterparts along with excellent record of service was treated as a part-time employee.

5. In the said industrial dispute, the respondent workman prayed that she may be regularized on the post of Safai Karamchari with proper pay scale along-with all the consequential benefits from her initial date of appointment i.e. from 1967.

6. The petitioner filed its reply to Statement of Claim before the learned Industrial Tribunal stating that the respondent was merely employed at cattle pound for 2-3 hours in a day on part-time basis. Hence, the respondent's services cannot be regularized as there is no case made out qua her claim.

7. Subsequently, the learned Industrial Tribunal passed the award dated 16th February 2002 in case bearing no. 125/1995 in favour of the respondent and against the petitioner, holding that the non-regularization of services of the respondent on the post of Safai Karamchari is illegal and unjustified. The learned Industrial Tribunal also held that the respondent is entitled to be regularized on the post of Safai Karamchari w.e.f. from 29th December 1992 at proper pay scale and allowances along with the consequential benefits.

8. Aggrieved by the impugned award dated 16th February 2002, the petitioner has approached this Court.

9. Learned counsel appearing on behalf of the petitioner submitted that the learned Trial Court erred in passing the impugned award since it failed to take into consideration the entire facts and circumstances of the dispute.

10. It is contended that the the impugned award is totally erroneous as the respondent being a part-time worker cannot be regularized and no directions could be given to regularize a part-time worker de hors the policy of the petitioner entity in this regard.

11. It is submitted that the learned Tribunal failed to appreciate that the respondent discharged the functions as a part-time safai karamchari of cleaning the cattle pound and to collect the dung/refuse of the cattle and the same was only 2-3 hours job in a day, hence the respondent cannot be employed as a regular employee.

12. It is further submitted that the cattle pound was situated in area admeasuring 200 sq. yds., where not more than 22-30 cattle were present at a given point of time. The said cattle pound was only a transit area where stray cattle were kept temporarily after being impounded from the streets. Thereafter, the stray cattle were sent to the Gaushalas. Hence, the respondent was the only Safai Karamchari engaged on a part-time basis to clean the cattle pound, since it was situated in a very small area of 200 sq. yds.

13. It is further submitted that the said cattle pound at Rajouri Garden was closed in July,