1989 (12) TMI 346

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..... The petitioners in both the writ petitions are daily rated workers working in the respondent-Corporation and they are seeking relief under Art. 32 of the Constitution for a Writ of Mandamus or other directions to regularise their services in the respective units and to pay them equal wages with initial basic pay, D.A. and other admissible allowances at par with regularly appointed employees of the respondent performing the same or similar duties. Admittedly, they have been appointed on daily wages between 1983 and 1986 and they have been working eversince. It is contended by them that despite their continuous service respondent has resorted to unfair labour practice in creating artificial break in service to deprive them of the benefit of....

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....med by the incumbents of group 'D' posts of the DSMDC and consequently on the principle of 'equal pay for equal work' enshrined in Art. 39(d) read with Arts. 14 and 16 of the Constitution, all these workmen-petitioners are entitled to equal pay for equal work in relation to the regular employees." On the question of the nature of the work being discharged by the petitioners, it found that some of the workmen are shown to have been working with designations such as Wages Slip, Truck Loading Clerk, Attendance Keeper Clerk, Drill Man, Office Work, Stone Bricks Clerk Fitter Survey Section, Pipe Fitter, Operator, Pump Operator, Creched Check Post Clerk, Permit Clerk etc., which go to suggest that those workmen were performing skilled or semiskil....

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....me of the persons like S/Shri Chander Pal Pawar, Lok Nath Rai and Dinesh Kumar are eligible to hold the post of Assistant Gr. III and their reversion for lack of requisite educational qualification is discriminatory, arbitrary and is an abuse of power by the Management. Accordingly, it suggested the framing of a scheme for regularising the services of all the petitioners. 5. Shri R.K. Jain, learned counsel for the respondent, has vehemently assailed the tenability of all the recommendations. It is his further contention that the respondent did not agree to dispense with adducing oral evidence and despite the direction of this Court to submit a preliminary report the Tribunal is wrong in stating that the respondent agreed that the Tribuna....

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....ersy centres round the question whether some petitioners are possessed of the requisite qualifications to hold the posts so as to entitle them to be confirmed in the respective posts held by them. The indisputable facts are that the petitioners were appointed between the period 1983 and 1986 and eversince, they have been working and have gained sufficient experience in the actual discharge of duties attached to the posts held by them. Practical experience would always aid the person to effectively discharge the duties and is a sure guide to assess the suitability. The initial minimum educational qualification prescribed for the different posts is undoubtedly a factor to be reckoned with, but it is so at the time of the initial entry into th....