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2007 Supreme(All) 1634

DEVI PRASAD SINGH
MAHESH PRATAP SHUKLA – Appellant
Versus
DIRECTOR PERSONNEL, BHEL, NEW DELHI – Respondent


Advocates:
Counsel :
S.C. Maheshwari and H.K. Misra for the Petitioner; Shailendra Verma and C.S.C. for the Opposite Parties.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—Petition under Article 226 of the Constitution of India has been preferred claiming wages payable to the regular employees for specified period on the ground that in case, petitioner would have been regularized earlier he would have been entitled for payment of regular pay scale.

A substantial question of law cropped up for adjudication is, whether an agreement signed by the labour union and the management in accordance to law, shall be binding over the workmen or the members of labour union, even if they do not agree with settlement?

2. The brief facts of the present case are discussed henceforth. According to Shri S.C. Maheshwari, learned Senior Counsel assisted by Shri H.K. Mishra, the petitioner was engaged as temporary casual labour on payment of wages @ Rs. 11.50 per day w.e.f. 21.1.1985. Copy of appointment letter has been filed as Annexure-1 to the writ petition. The submission of learned Counsel for the petitioner is that at induction level of non-executive category of employee A Grade technical, the appointments are done against the following categories :

(1) Unskilled Group

(2) Skilled Group

(3) Supervisory

(4) Technical Group

3. According












































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