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DELHI HIGH COURT
GAURANG KANTH
Delhi Jal Board – Appellant
Versus
Its Workmen (Sri Prem Ram) – Respondent
| Table of Content |
|---|
| 1. writ petition under article 226 challenging an award (Para 1 , 2) |
| 2. factual background of the employment and pay scale dispute (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. arguments by the petitioner regarding pay scale evidence (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. arguments by the respondent supporting their entitlement (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. court's analysis of jurisdiction under article 226 (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. findings of the labour court on pay scale entitlement (Para 36 , 37 , 38 , 39 , 40) |
| 7. final judgment dismissing the writ petition (Para 41 , 42) |
JUDGMENT
Gaurang Kanth, J. The case at hand is a Writ Petition preferred under Article 226/227 of the Constitution of India. Petitioner/Delhi Jal Board in the present case is aggrieved by the Award dated 23.12.2002 passed by the Industrial Tribunal No. III in I.D. No. 126/99 titled M/s Municipal Corporation of Delhi through its Commissioner v. Its Workman Sh. Prem Ram (hereinafter referred to as "impugned award").
2. In the impugned award, learned Labour Court had held the respondent/workman to be entitled to the pay scale of Rs.210-290 (revised from time to time) w.e.f. 02.
The court reaffirmed the limits of Article 226 jurisdiction, emphasizing the need for clear evidence when disputing determined pay scales for workmen.
The main legal point established in the judgment is that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and the petitioners are to be promoted to the highe....
Tribunal cannot grant higher promotional pay scale to one cadre's employees matching another distinct cadre's juniors by one-time parity, as it exceeds jurisdiction absent Article 14 violation from r....
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