The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.

JUDGMENT :

C. HARI SHANKAR, J.

1. We are not inclined to entertain this appeal either on the aspect of maintainability or on merits.

2. The appeal preferred under Clause X of the Letters Patent as applicable to this Court, assails an ad interim order dated 6 December 2024 passed by a learned Single Judge of this Court in WP (C) 12045/2024.

3. WP (C) 12045/2024 emanated out of an award dated 18 March 2020 passed by the learned Industrial Tribunal, which in turn adjudicated a claim by the respondents workmen for regularization of their services on the post of Driver from the date of initial joining.

4. The Industrial Tribunal held in favour of the workmen.

5. Aggrieved thereby, the MCD approached the learned Single Judge of this Court by way of WP (C) 12045/2024.

6. The writ petition was accompanied by CM APPL. 50168/2024 which stayed the operation of the award passed by the learned Industrial Tribunal.

7. On 6 December 2024, the learned Single Judge issued notice on the stay application and passed certain ad interim directions. It is against the said order that the present appeal has been filed.

8. We deem it appropriate to reproduce the impugned order in its entirety thus :

“CM APPL. 50169/2024 (exemption from filing of complete trial court record)

1. The petitioner is directed to place on record the complete trial court record within two weeks. Accordingly, the application stands disposed of.

CM APPL. 50168/2024 (stay)

2. Learned counsel for petitioner/MCD presses for interim relief, stating that recovery certificate has already been issued. Although according to learned counsel for respondents, that is not so, but he is not averse to addressing the preliminary submissions today. As such I have heard learned counsel for both sides.

3. The petitioner/MCD has challenged the award dated 18.03.2020 passed by the learned presiding officer of the Industrial Tribunal, whereby the present petitioner was directed to regularize services of the six workmen on the post of driver with effect from their respective initial date of joining in the regular pay scale with all consequential benefits.

4. Learned counsel for petitioner/MCD contended that the impugned award is liable to be set aside since the petitioner has already regularized services of the said respondents/workmen in accordance with their regularization policy with effect from 2003-04.

5. On the other hand, learned counsel for respondents/workmen has taken me through cross examination of the Administrative Officer of MCD, who was examined as MW-1 before the tribunal. The said witness admitted in his cross examination that the management of the MCD prepares their financial budget based on total number of sanctioned posts and pays the salaries accordingly; and that phased manner of regularization policy of MCD pertains to Class-IV daily wagers/muster roll employees while the post of the driver is a „Group-C‟ post; and that job of the driver with MCD is of permanent and perennial nature. Learned counsel for respondents/workmen also took me through the said policy of the MCD and pointed out that the same, issued in the year 1978 was only till the year 1982-83 whereas in the present case the respondent workmen were engaged in the year 1995.

6. The issue needs detailed deliberations. Considering the overall circumstances, the operation of the impugned award as regards the date of regularization is stayed till next date, subject to the petitioner/MCD releasing the monetary benefits to the respondents/workmen within six weeks, provided each of the respondents/workmen files an affidavit of undertaking to refund the entire amount to MCD depending upon outcome of this petition.

7. It appears that few more writ petitions of the similar nature filed by MCD are pending before this Court. It would be appropriate to club all those petitions for expeditious disposal and uniformity of decision. Therefore, both sides are requested to furnish list of all those cases to the court master, who shall initiate process to