SHIV NARAYAN DHINGRA, J.

1. By this writ petition,the petitioner has challenged the validity of award dated 17th September, 2003, passed by the Industrial Tribunal whereby the learned Tribunal directed the petitioner to pay the difference in wages drawn by him as daily wager as and wages drawn by a regular employee from 1.12.1971 to 31.3.1979.

2. Briefly the facts are that the respondent was working as a Mali on daily wages basis with the petitioner with effect from 1.12.1971. He was regularized in service on 1.4.1979. He raised an industrial dispute in the year 1997 that he was entitled for regularization from the date of inception of his service i.e. 1.12.1971 and that he was also entitled for equal pay as being given to the regular employees in the pay scale of Rs.700-940 all along i.e. from 1.12.1971, till he was regularized. He was paid as a muster roll employees minimum wages payable to such persons between 1.12.1971 & 31.3.1979.

3. Following dispute was referred for adjudication to the Industrial Tribunal:

"Whether Shri Mitra Sen is entitled to be regularized on the post of Mali in proper pay scale from his initial date of appointment i.e. 1.12.1971 instead o