JUDGMENT

I. S. MEHTA, J.

1. The present petitioners, i.e., Workmen, DDA (hereinafter referred to as the „petitioner-workmen‟) have preferred the present Writ Petition under Articles 226 and 227 of the Constitution of India for issuance of appropriate Writ, order or direction to set aside the impugned Award dated 01.05.2003 passed by the Presiding Officer, Industrial Tribunal No. III, Delhi (hereinafter referred to as the „learned Labour Court/Industrial Adjudicator‟) in I.D. No. 20/1997.

2. The brief facts stated are that the petitioner-workmen, i.e., Shri Ramgopal Singh, Shri Adil Singh, Shri Rajinder Prasad, Shri Kartar Singh, Shri Kamal Kishore, Shri Hoshiar Singh, Shri Nepal Singh, Shri Virender Singh, Shri Anil Kumar, Shri Prem Chand, Shri Amrinder Kumar Singh, Shri Bhim Singh, Shri Yogender Kumar, Shri Ashok Kumar, Shri Rakesh Kushwaha, Shri Babu Ram, Mohd. Sarfarajuddin and Shri Ashok Kumar, whose cause of action has been exposed through the D.D.A Mazdoor Union wherein the petitioner-workmen were claiming the wages at par with the regular employees in the category of pump operator for the duration of their muster roll employment, i.e., pay scale of Rs. 260-350 revised to Rs. 950-1400 w.e.f. 01.01.1986.

3. Thereafter, the Government vide order No. F.24(4577)/96-

Lab./53334-38 dated 23.12.1996 sent the dispute of the petitioner-

management to the learned Industrial Adjudicator for adjudication, i.e., “Whether S/Shri Ram Gopal Singh, Adil Singh, Bhim Singh, Yogender Kumar, Ashok Kumar, Rajender Prasad, Kartar Singh, Kamal Kishore, Hoshiar Singh, Nepal Singh, Virender Singh, Anil Kumar, Prem Chand, Amrinder Kumar Singh, Rakesh Kushwaha, Babu Ram, Mohd. Sarfrajuddin and Ashok Kumar are entitled to wages at par with the regular employees for the duration of their muster-roll employment on daily wages, and if so, to what relief are they entitled and what directions are necessary in this respect?”

4. The petitioner-workmen were performing their duties as muster roll employees and were paid minimum wages from time to time. However, the petitioner-workmen also took the duty of pump operator, which was permanent in nature.

5. The petitioner-workmen are/were skilled workmen and remained in the continuous employment of the respondent-management. Consequently, following petitioner-workmen were regularised and seven petitioner-workmen were transferred from the respondent-management to MCD, i.e.,

6. The respondent-management during the relevant period were taking the work of pump operator from the regular employees in the pay scale of Rs.260-350, which was enhanced to Rs.950-1400 along with all allowances w.e.f. 01.01.1986.

7. The respondent-management during the period of muster roll employees till its regularisation and transfer to MCD took the duty of pump operator from the p