Bhopal Singh vs M/S Muncipal Corporation Of Delhi on 6 April, 2026

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    Delhi District Court

    Bhopal Singh vs M/S Muncipal Corporation Of Delhi on 6 April, 2026

                     IN THE COURT OF MS. MANJUSHA WADHWA:
                    PRESIDING OFFICER INDUSTRIAL TRIBUNAL-I,
                    ROUSE AVENUE DISTRICT COURTS, NEW DELHI.
    
                            F.No. 24 (68)ID/133/E/22/Lab. Ref./2023/3505
                                                      Dated: 03.07.2023.
    
    POIT NO.: 41/2023
    CNR No. DLCT13 003423 2023
    
    
    Workman:
    
    Sh. Bhopal Singh,
    S/o Sh. Sagwa,
    Phone No- 9310813341
    R/o H. No. 671, Gali No.4, Near Railway Station,
    Saboli Vistar, Delhi-110093.
    Aadhaar Card No. 9561 1840 6413
    
    Working as Nalla Beldar
    in Engineering Deptt. M-III,
    Shahdara North Zone, MCD, Delhi.
    
    Through
    Municipal Employees' Union,
    Agarwal Bhawan, G. T. Road,
    Tis Hazari, Delhi- 110054.
    
    Vs.
    
    The Management of :
    
    M/s Municipal Corporation of Delhi
    
    POIT- 41/2023                                             Page No. 1/31
          through its Commissioner,
         Dr. S. P. Mukherjee Civic Center,
         J. L. Nehru Marg, New Delhi- 110054.
    
         Date of Institution:             :       18.07.2023
         Date of Arguments                :       24.03.2026.
         Date of Award                    :       06.04.2026
    
    
    
                                              AWAR D
    
    
    1.      The Labour Department, Govt. of the National Capital Territory of Delhi, has
            referred the dispute between the parties named above for adjudication to this
            tribunal with the following terms of reference:
    
    
                 (1) "Whether the demand of the workman Sh. Bhopal Singh S/o
                 Sh. Sagwa for regularization of his services on the post of Driver
                 since February, 2016 is legal and justified and if so, to what relief is
                 he entitled and what directions are necessary in this respect"
    
    
                 (2) "Whether the demand of the workman Sh. Bhopal Singh S/o Sh.
                 Sagwa for counting the entire services rendered by him as daily
                 wager employee for the purpose of grant of pension to him for all
                 other retiral-cum death benefits to him under old pension scheme,
                 is legal and justified and if so, to what relief is he entitled and what
                 directions are necessary in this respect?"
    
    
    
         POIT- 41/2023                                                      Page No. 2/31
          STATEMENT OF CLAIM
    
    2.      The workman states that he joined the management's employment as a
            Nalla Beldar with effect from 01.08.2002 on a muster roll/daily wage
            basis. His services were subsequently regularised with effect from
            01.04.2006. It is claimed that the period of service rendered by the
            workman on the muster roll from 01.08.2002 to 31.03.2006 should be
            counted for the purpose of old pensionary benefits.
    
    
    3.      It is further stated that on 30.07.2013, the management issued a circular
            creating 20 Driver posts in the DEMS Department and 20 driver posts in
            the Engineering Department, both in the pay band of Rs. 5200-20200
            with a Grade Pay of Rs. 2400/-.
    
    
    4.      It is further stated that on 15.02.2016, the management issued a circular
            inviting applications from regular Group-D employees holding heavy
            vehicle driving licences for operating loader trucks, initially for a period
            of one year, with the condition that the selected employees would be paid
            a driving allowance to be decided later.
    
    
    
    5.        The workman states that he applied pursuant to the said circular,
            expressed his willingness, qualified for the trade test, and was deployed
            as a Driver w.e.f. 23.02.2016. At the time of submitting his willingness,
            the management issued an office order stating that the selected employees
            would be placed in the pay scale of Rs. 5200-20200 with a Grade Pay of
    
         POIT- 41/2023                                                    Page No. 3/31
             Rs. 2400/-. However, in March 2016, the management issued another
            office order clarifying that the engagement would be purely temporary,
            initially for a period of one year or until further orders, extendable based
            on satisfactory performance. It is further stated that the management later
            retracted from its earlier position and, instead of granting the said pay
            scale, paid only Rs. 1200/- per month as an additional allowance, without
            providing any other benefits.
    
    
    6.      It is further stated that, although the workman performed duties as a
            driver, he continued to receive the salary associated with his substantive
            post. The management issued five extension orders, each extending the
            workman's engagement as a driver for an additional year. However, the
            driving allowance remained constant at Rs. 1200/- per month
            throughout.
    
    
    7.      It is further stated that, via circular dated 25.02.2022, the management
            reverted the workman to his original post on the ground that no further
            extension had been granted by the competent authority, directing the
            Heads of Departments to take over official belongings and records from
            Class-IV employees and send them back to their respective posts.
    
    
    8.      The workman further stated that the management's actions of failing to
            regularise his services as a Driver, not providing a salary based on the
            principle of equal pay for equal work, reverting him to his previous
    
    
    
         POIT- 41/2023                                                    Page No. 4/31
              position, and not extending the benefits of the old pension scheme are
             illegal, unjustified, and constitute unfair labour practices.
    
    
    9.       It is also stated that the workman served a demand notice dated
             21.09.2022 upon the management, which was duly received but not acted
             upon. Conciliation proceedings were then initiated; however, they failed
             due to the alleged non-cooperative attitude of the management, leading
             to the current reference before this Tribunal.
    
    
             WRITTEN STATEMENT OF MANAGEMENT
    
    
    10.      The management filed a written statement raising preliminary objections
             that the present dispute has not been properly espoused by any union, no
             valid demand notice was served upon the management, that the reference
             has been made mechanically without application of mind, and the present
             claim is wholly barred by delay and latches, and as such, the workman is
             not entitled to any relief.
    
    
    
    11.      On merits, the management stated that the workman was engaged vide
             circular dated 15.02.2016 as a driver for operating loader trucks, and the
             workman has not denied the terms and conditions of the said circular, which
             clearly stated that he was engaged for a period of one year, making the entire
             engagement entirely temporary. The management denied the remaining
             allegations in the statement of claim and prayed the dismissal of the present
             claim petition.
    
          POIT- 41/2023                                                      Page No. 5/31
              REPLICATION
    
             Replication was filed on behalf of the workman wherein he reiterated the
             contents of statement of claim as true and correct and denied the contrary
             averments made in the written statement.
    
    12.      Vide order dated 16.10.2025, the following issues were framed by this
             Tribunal as:-
    
             (1) Whether the present claim is barred by delay and latches? OPM
             (2) Whether the claim of the workman has been properly espoused by the
             union? OPW.
             (3)Whether the order dated 25.02.2022 is illegal and unreasonable, if so,
             its effect? OPW
             (4) As per terms of reference? OPW
             (5) Relief.
    
    13.      To prove the case, the workman has examined himself as WW1 and closed
             his evidence. On the other side, the management has examined Sh. Kamal
             Kumar Gupta, Assistant Engineer (Civil), M-III, Shahdara North Zone,
             MCD, as MW1.
    
    14.      Heard Ld. AR for the parties and perused the record. The issue-wise finding
             is given in the following paragraphs.
    
             Issue no.1 : Whether the present claim is barred by delay and latches?
             OPM
    
    
    
    
          POIT- 41/2023                                                   Page No. 6/31
     15.      The onus to prove this issue was on the management. According to the
             management, the workman was appointed as Nalla Beldar on muster
             roll/daily wage basis as a daily wager with effect from 01.08.2002 and
             was paid minimum wages until his regularisation on 01.04.2006, and
             thereafter, pursuant to circular dated 15.02.2016, he was appointed as a
             driver w.e.f. 23.02.2016 on deputation basis and was reverted to the post
             of Nalla Beldar vide circular dated 25.02.2022. It is submitted that no
             dispute was raised prior to the issuance of the legal notice dated
             21.09.2022. Hence, according to the management, the claim is barred by
             delay and laches.
    
    
    16.      On the other side, ld. AR for the workman submitted that there is no delay
             in raising the present dispute as the workman was engaged as a driver
             w.e.f. 23.02.2016 and was reverted to the post of Nalla Beldar vide
             circular dated 25.02.2022 and the present dispute was raised vide legal
             notice dated 21.09.2022. It is further stated that as per section 10(1) of
             the Industrial Disputes Act, 1947, the appropriate government 'at any
             time', may refer an industrial dispute for adjudication, if it is of the
             opinion that such an industrial dispute between the workman & the
             employer exists or is apprehended.
    
    
    17.      The word "at any time" has been interpreted by the judicial interpretation
             in Sapan Kumar Pandit vs U.P. State Electricity Board And Ors 2001
             (6) SCC 222, wherein the Hon'ble Apex Court held as under:-
    
    
    
          POIT- 41/2023                                                  Page No. 7/31
            "........The words at any time as used in the section are prima
           facie indicator to a period without boundary. But such an
           interpretation making the power unending would be pedantic.
           There is inherent evidence in this sub-section itself to indicate
           that the time has some circumscription. The words where the
           Government is of opinion that any industrial dispute exists or is
           apprehended have to be read in conjunction with the words at
           any time. They are, in a way, complimentary to each other. The
           Governments power to refer an industrial dispute for
           adjudication has thus one limitation of time and that is, it can be
           done only so long as the dispute exists. In other words, the period
           envisaged by the enduring expression at any time terminates
           with the eclipse of the industrial dispute. It, therefore, means that
           if the dispute existed on the day when the reference was made
           by the Government it is idle to ascertain the number of years
           which elapsed since the commencement of the dispute to
           determine whether the delay would have extinguished the power
           of the Government to make the reference.
           Hence the real test is, was the industrial dispute in existence on
           the date of reference for adjudication? If the answer is in the
           negative then the Governments power to make a reference would
           have extinguished. On the other hand, if the answer is in positive
           terms the Government could have exercised the power whatever
           be the range of the period which lapsed since the inception of the
           dispute. That apart, a decision of the government in this regard
           cannot be listed on the possibility of what another party would
           think whether any dispute existed or not. The section indicates
           that if in the opinion of the Government the dispute existed then
           the Government could make the reference. The only authority
           which can form such an opinion is the government. If the
           government decides to make the reference there is a presumption
           that in the opinion of the government there existed such a
           dispute."
    
    
    
    
    POIT- 41/2023                                                           Page No. 8/31
     18.      In Raghubir Singh vs Gen. Manager, Haryana Roadways, Hissar 2014
             (10) SCC 301, the Hon'ble Apex Court has held as under:-
    
                  "13. In the case on hand, no doubt there is a delay in raising the
                  dispute by the appellant; the Labour Court nevertheless has the
                  power to mould the relief accordingly. At the time of
                  adjudication, if the dispute referred to the Labour Court is not
                  adjudicated by it, it does not mean that the dispute ceases to
                  exist. The appropriate government in exercise of its statutory
                  power under Section 10(1)(c) of the Act can refer the industrial
                  dispute, between the parties, at any time, to either the
                  jurisdictional Labour Court/Industrial Tribunal as interpreted
                  by this Court in the Avon Services case referred to supra.
                  Therefore, the State Government has rightly exercised its power
                  under Section 10(1)(c) of the Act and referred the points of
                  dispute to the Labour Court as the same are in accordance with
                  the law laid down by this Court in Avon Services & Sapan
                  Kumar Pandit cases referred to supra."
    
    
    
    19.      In SLP (C) No. 16129 of 2015 titled as Prabhakar vs. Joint Director,
             Sericulture Department & Another(Supra), Dr. Prabhakar, whose
             employment was terminated in 1985, raised a dispute fourteen years later
             in 1999. The Hon'ble Supreme Court held that, notwithstanding the fact
             that the law of limitation does not apply, it is for the workman to show
             that there is a dispute in praesenti.
    
    
    20.      In Ajaib Singh Vs. Sirhind Cooperative Marketing-cum-Processing
             Service Society Ltd. (1999) 6 SCC 82 , the Hon'ble Apex Court has held
             as under:
    
    
          POIT- 41/2023                                                         Page No. 9/31
                   "10. It follows, therefore, that the provisions of Article 137
                  of the Schedule to the Limitation Act, 1963 are not applicable
                  to the proceedings under the Act and that the relief under it
                  cannot be denied to the workman merely on the ground of
                  delay. The plea of delay if raised by the employer is required
                  to be proved as a matter of fact by showing the real prejudice
                  and not as a merely hypothetical defence. No reference to the
                  Labour Court can be generally questioned on the ground of
                  delay alone. Even in a case where the delay is shown to be
                  existing, the tribunal, labour court or board, dealing with the
                  case can appropriately mould the relief by declining to grant
                  back wages to the Workman till the date he raised the demand
                  regarding his illegal retrenchment/termination or dismissal.
                  The Court may also in appropriate cases direct the payment
                  of part of the back wages instead of full back wages..........
    
                  11. In the instant case, the respondent management is not

    shown to have taken any plea regarding delay as is evident
    from the issues framed by the Labour Court. The only plea
    raised in defence was that the Labour Court had no
    jurisdiction to adjudicate the reference and the termination of
    the services of the workman was justified. Had this plea been
    raised, the workman would have been in a position to show
    the circumstances preventing him in approaching the Court
    at an earlier stage or even to satisfy the Court that such a plea
    was not sustainable after the reference was made by the
    Government. The learned Judges of the High Court,
    therefore, were not justified in holding that the workman had
    not given any explanation as to why the demand notice had
    been issued after a long period. The findings of facts returned
    by the High Court in writ proceedings, even without
    pleadings were, therefore, unjustified……………”

    21. The ratio of the aforesaid judgments is that where the plea of delay is
    raised by the employer, it is incumbent upon him to show what real

    SPONSORED

    POIT- 41/2023 Page No. 10/31
    prejudice has been caused on account of such delay and even in a case
    where the delay is shown to be existing, the tribunal, labour court or
    board, dealing with the case can appropriately mould the relief by
    declining to grant back wages to the Workman till the date he raised the
    demand regarding his illegal retrenchment/termination or dismissal.

    22. In the present case, the management has failed to state how there is delay
    in raising the dispute. The workman raised the dispute vide legal notice
    dated 21.09.2022 within a reasonable time of his reversion to the post of
    Nalla Beldar vide circular dated 25.02.2022. During cross-examination,
    WW-1 denied the suggestion that he had never raised any objection to the
    management regarding the non-payment of the full pay scale for the
    driver post. He voluntarily deposed that he had approached the Deputy
    Commissioner several times to have his services regularised during the
    period in which he performed the duties of a driver. As such, there is no
    delay in raising the present dispute. Accordingly, this issue is decided in
    favour of the workman and against the management.

    Issue No. 2 : Whether the claim of the workman has been properly espoused
    by the union? OPW.

    23. The onus to prove this issue was on the workman. Ld. AR for the
    management contended that the present dispute has not been espoused by
    the union. On the other hand, Ld. AR for the workman submitted that the

    POIT- 41/2023 Page No. 11/31
    workman was a member of the Municipal Employees Union, and that the
    said union has espoused the workman’s grievance.

    24. In order to give jurisdiction to the appropriate government to refer the
    dispute to the Tribunal/Labour Court, it was essential for the workman to
    show that his individual dispute for regularisation was sponsored or
    espoused by the union of the workmen. The constitution bench of Hon’ble
    Apex Court in the case of Workmen of Dharampal Premchand (Saughandhi)
    Vs. Dharampal Premchand (Saughandhi) Civil Appeal No.532/1963

    decided on 16.03.1965 has held in paragraph No.3 as under:

    “3. Section 2(k) defines an “industrial dispute” as meaning any
    dispute or difference between employers and employees, or
    between employers and workmen, or between workmen and
    workmen, which is connected with the employment or
    nonemployment or the terms of employment or with the
    condition of labour, of any person. This definition shows that
    before any dispute raised by any person can be said to be an
    industrial dispute, it must be shown that it is connected with the
    employment or non-employment of that person. This condition is
    satisfied in the present case, because the dispute is in relation to the
    dismissal of 18 workmen, and in that sense, it does relate either to
    their employment or non-employment. The question however, still
    remains whether it is a dispute between employers and workmen.
    Literally construed, this definition may take within its sweep a
    dispute between a single workman and his employer, because the
    plural, in the context, will include the singular. Besides, in the
    present case, the dispute is in fact between 18 workmen on the one
    hand, and their employer on the other, and that satisfies the
    requirement imposed by the fact that the word “workmen” in the
    context is used in the plural. But the decisions of this Court have
    consistently taken the view that in order that dispute between a

    POIT- 41/2023 Page No. 12/31
    single employee and his employer should be validly referred under
    s. 10 of the Act, it is necessary that it should have been taken up by
    the Union to which the employee belongs or by a number of
    employees. On this view, a dispute between an employer and a
    single employee cannot, by itself, be treated as an industrial
    dispute, unless it is sponsored or espoused by the Union of
    workmen or by a number of workmen. In other words, if a
    workman is dismissed by his employer and the dismissed
    workman’s case is that his dismissal is wrongful, he can
    legitimately have the said dispute referred for adjudication before
    an Industrial Tribunal under s. 10(1) of the Act, provided a claim
    for such a reference is supported either by the Union to which he
    belongs or by a number of workmen, vide Central Provinces
    Transport Services v. Raghunath Gopal Patwardhan
    MANU/SC/0067/1956
    : (1957) ILLJ 27 SC and The Newspapers
    Ltd. v. The State Industrial Tribunal, U.P. MANU/SC/0078/1957 :

    (1957) IILLJ 1 SC.”

    25. In the instant case, the workman has stated in para no. 19 of his evidence
    by way of affidavit Exhibit WW1/A that he was a member of the
    Municipal Employees Union and that his membership number is 60534.
    He also stated that he had approached the Municipal Employees Union
    for redressal of his dispute to regularise his services on the post of a
    Driver since 23.02.2016 and to pay him the entire salary difference on the
    principle of “Equal Pay for Equal Work” from his initial joining, along
    with all consequential benefits and to calculate his entire service as a daily
    wager employee for calculating pension and other retiral benefits. He
    further deposed that on 06.09.2022, a resolution was passed to raise the
    aforesaid grievance, and that the said resolution was signed by Shri
    Surender Bhardwaj, General Secretary of the Union, in his presence.

    POIT- 41/2023 Page No. 13/31

    26. The workman has also relied upon a copy of the legal demand notice
    dated 21.09.2022, Ex WW-1/20, which was sent on the letterhead of the
    Municipal Employees’ Union. He has also relied upon the Statement of
    Claim Ex. WW1/21 filed before the Conciliation Officer of Govt. of NCT
    of Delhi and resolution dated 06.09.2022 Ex. WW1/22, wherein the union
    decided to raise an industrial dispute in favour of the workman.

    27. Perusal of the resolution of the espousal meeting dated 06.09.2022 Ex.

    WW-1/22 shows that the Municipal Employees Union resolved to take
    up the cause of the workman, and on the basis of said resolution, the said
    Union issued a legal demand notice dated 21.09.2022, Ex. WW1/20 and
    filed the claim petition before the Conciliation Officer. Since the dispute
    remained unsettled, the appropriate Government referred it for
    adjudication. Needless to say, no format has been prescribed for
    espousing the cause of the workman. Reliance is placed on the judgment
    of the Hon’ble Supreme Court passed in J.M Jhadav Vs Forbes Gokak Ltd
    2005 (3) SCC 202 wherein it has been observed as under:-

    “…………As far as espousal is concerned there is no particular
    form prescribed to effect such espousal. Doubtless, the Union must
    normally express itself in the form of a resolution which should be
    proved if it is in issue. However proof of support by the Union may
    also be available aliunde. It would depend upon the facts of each
    case. The Tribunal had addressed its mind to the question,
    appreciated the evidence both oral and documentary and found that
    the Union had espoused the appellant’s cause. ………”

    POIT- 41/2023 Page No. 14/31

    28. Pertinently, the Municipal Employees Union is a recognized union, and
    the said union has not come forward to claim that it had not supported the
    workman’s cause. During cross-examination, no questions were asked to
    the workman (WW-1) regarding his membership in the Union.

    29. In view of the above, the contention of the management that the present
    dispute was not properly espoused by the Union has not been proved on
    record. Accordingly, issue no. 2 is decided in favour of the workman and
    against the management.

    Issue No. 3: Whether the order dated 25.02.2022 is illegal and
    unreasonable, if so, its effect? OPW
    And
    Issue No. 4: As per terms of reference? OPW

    30. Both the aforesaid issues are linked and thus being decided together. The
    concern in the present case is the regularisation of the services of the
    workman on the post of driver since 23.02.2016, and the counting of his
    entire service rendered as a daily wager for the purpose of granting
    pension and other retirement cum death benefits under the old pension
    scheme.

    SUBMISSIONS OF THE WORKMAN.

    31. Learned AR for the workman submitted that the workman was appointed
    as a driver on a vacant post after qualifying for the trade test and was in
    possession of a driving licence. Therefore, his reversion to the post of
    Nalla Beldar is an illegal and unfair trade practice.

    POIT- 41/2023 Page No. 15/31

    32. It is further submitted that the workman was performing the same nature
    of work as was being performed by regular drivers and, therefore, he was
    entitled to be regularised on the post of Driver since 23.02.2016.

    33. It is further submitted that the workman was given a fixed amount of
    ₹1200 per month in addition to the salary of Nala Beldar, though he was
    entitled to the pay scale of a driver, i.e. ₹5200-20200 with grade pay of
    ₹2400.

    34. It is further submitted that the workman was in fact promoted to the post
    of a driver; however, the management used the term deputation in the
    circular dated 15.02.2016, to deny the workman’s rights. It is his
    contention that the deputation is normally done to an equivalent post in a
    different department; in the present case, however, the workman was
    posted to a higher post in the same department.

    35. It is further submitted that the order dated 25.02.2022, by which extension
    was not granted by the competent authority, is punitive in nature
    inasmuch as it is violative of Article 14 and 21 of the Constitution of India
    and the said order was issued without any prior notice to the workman
    and as such it is also violative of section 9A of Industrial Disputes Act.

    36. It is further submitted that the management had engaged the workman as
    a driver on a fixed amount for more than five years with the object of

    POIT- 41/2023 Page No. 16/31
    denying him a salary and the status of a regular driver. It is further
    submitted that such action of the management falls under unfair labour
    practice as enumerated in item number 10 of the fifth Schedule of the
    Industrial Disputes Act
    .

    37. It is further submitted that the entire service of the workman rendered by
    him as a daily wager be calculated for the purpose of the grant of pension
    and other retirement benefits under the Old Pension Scheme. Reliance is
    placed on the judgment of the Hon’ble High Court of Delhi passed in W.P.
    (C) 2060/2019, Dr Ravindra Narayan Mishra Vs Sri Guru Tegh Bahadur
    Khalsa College and ors
    , decided on 19.05.2023.

    SUBMISSION OF THE MANAGEMENT.

    38. It is submitted that the workman was employed on a temporary basis on
    the post of driver, and thus, he has no right to claim regularisation on the
    said post. It is further submitted that, as per the Office order dated
    16.07.2015, Ex. WW 1/3 and an office order dated 15.02.2016 Ex.
    WW1/5, the engagement was purely temporary and for a period of one
    year, which might be extended upon satisfactory performance of the
    incumbents.

    39. It is further submitted that the Office order dated 16.07.2015, Ex
    WW-1/3, and the office order dated 15.02.2016, Ex. WW 1/ 5 clearly

    POIT- 41/2023 Page No. 17/31
    stipulates that the engagement shall not entail or confer any right to stake
    a claim for promotion to driver in the EDMC.

    ANALYSIS AND DECISION

    40. It is admitted by the parties that the workman joined the management as
    a Nala Belder with effect from 01.08.2002 on muster roll basis and was
    regularized with effect from 01.04.2006. Thereafter, the management
    issued a circular inviting applications from group D employees holding a
    driving license and willing to work as drivers. The workman passed the
    trade test and was engaged as a driver with effect from 23.02.2016. The
    workman continued as a driver till the issuance of the Office order dated
    25.02.2022 Ex. WW1/16 by which he was reverted to his previous post
    of Nala Beldar.

    41. The grievance of the workman is that he had worked as a driver for a
    continuous period of about five years, and thus his reversion to the post
    of Nala Beldar is nothing but a punitive action taken by the management.
    On the other side, the management contended that the workman was
    employed as a driver on a contract basis for a period of one year, which
    was to be extended upon satisfactory work performance. He has placed
    reliance on the office order dated 16.07.2015 Ex. WW-1/3 and office
    order dated 15.02.2016 Ex. WW-1/5, which states that the engagement
    shall not entail or confer any right upon the workman to claim promotion
    as a driver in EDMC.

    POIT- 41/2023 Page No. 18/31

    42. It is noted that vide circular dated 30.07.2013 Ex. WW-1/1, management
    created 20 posts of driver for DEMS, EDMC and 20 posts of driver for
    the Engineering Department, EDMC. Thereafter, vide circular dated
    30.07.2014 Ex. WW-1/2, the management invited applications from
    regular group D employees who possess a heavy driving licence and are
    willing to work as a driver, for deputing them as drivers of loader trucks
    of the DEMS department, initially for a period of one year. The said
    circular further stated that candidates had to undergo trade tests conducted
    by EE (Auto)SDMC before their deputation as drivers, and that the
    selected candidates would be paid driving allowances, to be decided in
    due course.

    43. Subsequently, vide office order dated 16.07.2015 Ex. WW1/3 and office
    order dated 15.02.2016, Ex. WW1/5, the engagement was stated to be
    temporary in nature for a period of one year, which might be extended
    upon satisfactory work performance, in the pay scale of Rs. 5020-20200
    and GP of Rs. 2400/-, however, it was made clear that this shall not entail
    or confer any right to stake claim for promotion as a driver in the EDMC.
    Further, it is pertinent to note that vide subsequent office order dated
    02.03.2016 Ex. WW1/9, the aforesaid orders regarding the grant of salary
    to the selected employees in the pay band scale of Rs. 5200-20200 with
    GP of Rs. 2400/- were cancelled. It was provided that the selected
    candidates would be paid an additional remuneration of Rs. 1200/- per
    month for working as drivers, and no other benefits would be provided,
    and that the said engagement should not entail or confer any right to stake
    a claim for promotion as drivers in the EDMC. In other words, the office
    POIT- 41/2023 Page No. 19/31
    order dated 16.07.2015 Ex. WW1/3 as well as the office order dated
    15.02.2016 Ex. WW-1/5 granting the pay scale of Rs. 5200-20200 + GP
    Rs. 2400/- were superseded by the office order dated 02.03.2016 Ex.
    WW1/9 inasmuch as the grant of salary in PB-1 was withdrawn.

    44. It is also relevant to note that vide subsequent circular dated 03.07.2017,
    Ex. WW1/10, the extension of 13 class-IV employees to perform duties
    as truck drivers was extended for another year on the fixed additional
    remuneration of Rs 1200/- pm. Again, vide office order dated 05.04.2018
    Ex. WW1/11, the extension of 11 class-IV employees to work as drivers
    was sanctioned for another year, up to 28.02.2019, or till the posts are
    filled on a regular basis, or till further order, whichever is earlier, on the
    fixed additional remuneration of Rs. 1200 pm. Similarly, vide circular
    dated 21.06.2019 Ex. WW1/12 sanction was accorded for the extension
    of 11 class-IV employees to perform as drivers for a further period of one
    year on the aforesaid fixed remuneration. A similar circular was issued on
    13.03.2020 Ex. WW1/13, and 19.03.2021 Ex. WW1/15. Notably, vide
    circular dated 25.02.2022 Ex. WW1/16, sanction was not accorded to
    extend the duties of class IV employees as drivers beyond 28.02.2022,
    and they were sent back to their respective departments.

    45. The aforesaid chronology of the circulars shows that the engagement of
    Group ‘D’ employees to work as drivers was being extended on a yearly
    basis before it was withdrawn by circular dated 25.02.2022 Ex WW-1/16,
    which does not record the reason for the non-extension of the engagement

    POIT- 41/2023 Page No. 20/31
    of the workman as a driver, although, as per the office order dated
    16.07.2015 Ex WW- 1/3, it was subject to extension upon satisfactory
    work performance. There is nothing on record to show that the workman
    was not performing to the satisfaction of the management. In this regard,
    one may also peruse the testimony of MW-1, who admitted that the
    workman’s work and conduct remained satisfactory throughout his
    service period. He further admitted that the nature of work, working
    hours, role and responsibilities of the workman at the time when he was
    working as a heavy vehicle driver were identical to those of a regular and
    permanent driver. He admitted that Dhyan Singh, whose name appears at
    Sl No. 4 Ex WW-1/5, was similarly placed and was appointed as a driver
    similar to the concerned workman. He further admitted that the said
    Dhyan Singh has been regularized as a driver and is still working with the
    management as a regular and permanent driver. He admitted the salary
    slip of Dhyan Singh as Ex. MW-1/W1.

    46. The testimony of MW-1, coupled with the repeated extensions granted by
    the management for about five years, clearly establishes that the workman
    was continuously discharging his duties as a driver to the satisfaction of
    the management. The management has not placed any material on record
    to show that the nature of duties performed by the workman was different
    from those performed by the regular drivers.

    47. The question is whether reversion of the workman to his previous post
    vide circular dated 25.02.2022 Ex. WW1/16 is legal. Although the

    POIT- 41/2023 Page No. 21/31
    engagement of the workman as a driver was temporary and extension-
    based, it was against the vacant posts and was subject to satisfactory
    performance. The management is unable to establish that the services of
    the workman as a driver were unsatisfactory and not against the vacant
    post.

    48. Regarding the vacant post, MW-1 also admitted that several driver posts
    have remained vacant since February 2016. Ld. AR for the workman has
    also relied upon the decision passed in the connected case bearing No.
    ‘POIT NO. 34/2023 Ikhtiyar Vs. MCD,’ wherein the witness filed the
    recruitment rules and the vacancy position for the post of driver, as per
    which, 381 out of 833 sanctioned driver posts have remained vacant from
    2016 to date.

    49. The very fact that 381 posts of driver are still lying vacant with the
    MCD, the engagement of the workman as a driver was not casual. Further,
    the extension given on five occasions clearly demonstrates the permanent
    and continuous nature of the work performed by the workman. The
    management’s plea that the engagement was purely temporary appears
    illusory and a mere camouflage. The repeated extensions granted to the
    workman and the continuous utilization of his services as a driver further
    establish that he was, in fact, working against the department’s regular
    requirements.

    POIT- 41/2023 Page No. 22/31

    50. The management has also failed to place on record any evidence to show
    that the duties performed by the workman were in any manner different
    from those performed by the regular driver. It is thus amply clear that the
    workman was performing identical duties, responsibilities and functions
    of regular drivers.

    51. The management has mainly relied on the judgment in the case titled
    Secretary, State of Karnataka Vs. Uma Devi (2006) 4 SCC 1, wherein it was
    held that contractual employees in public departments cannot seek
    regularisation and confirmation of service on the ground of the length of
    their service, and that such regularisation would amount to creating an
    impermissible mode of public appointment bypassing constitutional
    requirements.

    52. In Sheo Narain Nagar vs The State Of Uttar Pradesh(2018) 13 SCC 432 ,
    the Hon’ble Supreme Court observed that Uma Devi (Supra) has not been
    properly understood and has been wrongly applied by various State
    Governments. It was further noted that although incumbents should be
    appointed regularly in accordance with the rules, a new method of making
    appointments on a contract basis has been adopted, employment is often
    offered on a daily wage basis, and other exploitative practices are in use.

    It was further observed that the main purpose of Uma Devi (Supra) was
    to ensure that employment is obtained through fair means and not via
    back-door entry, within the prescribed pay scale and the said spirit of
    Uma Devi (Supra) has been ignored and conveniently overlooked by

    POIT- 41/2023 Page No. 23/31
    various State Governments and authorities, who are using it merely as a
    tool to prevent the regularisation of incumbents’ services.

    53. Further, in Dharam Singh v. State of UP 2025 SCC Online SC 1735, the
    Hon’ble Apex Court clearly distinguished Uma Devi (Supra) by observing
    that refusal to sanction posts for the work of a perennial nature is different
    from bypassing the constitutional scheme of public appointment. It was held
    that where the nature of work is perennial, and the State itself
    acknowledges the need for a regular workforce, an arbitrary refusal to
    sanction posts cannot be sustained. The relevant paragraphs are
    reproduced hereinunder as:-

    “9. Moreover, it is undisputed that the nature of work performed
    by the appellants, i.e. sorting and scrutiny of applications,
    dispatch and office support, and driving, has been continuous
    and integral to the Commission’s functioning since their
    engagement between 1989 and 1992. The Commission itself
    moved for sanction of fourteen posts and furnished a list of
    fourteen daily wagers including the appellants. That consistent
    internal demand, coupled with uninterrupted utilization of the
    appellants’ labour on regular office hours, fortifies the
    conclusion that the duties are perennial. To continue extracting
    such work for decades while pleading want of sanctioned
    strength is a position that cannot be sustained.

    11. Furthermore, it must be clarified that the reliance placed by
    the High Court on Umadevi (Supra) to non- suit the appellants
    is misplaced. Unlike Umadevi (Supra), the challenge before us
    is not an invitation to bypass the constitutional scheme of public
    employment. It is a challenge to the State’s arbitrary refusals to
    sanction posts despite the employer’s own acknowledgement of
    need and decades of continuous reliance on the very workforce.
    On the other hand, Umadevi (Supra) draws a distinction between
    illegal appointments and irregular engagements and does not
    endorse the perpetuation of precarious employment where the

    POIT- 41/2023 Page No. 24/31
    work itself is permanent and the State has failed, for years, to put
    its house in order. Recent decisions of this Court in Jaggo v.
    Union of India and in Shripal and Anr vs Nagar Nigam, have
    emphatically cautioned that Umadevi (Supra) cannot be
    deployed as a shield to justify exploitation through long-term
    “ad hocism”, the use of outsourcing as a proxy, or the denial of
    basic parity where identical duties are exacted over extended
    periods. The principles articulated therein apply with full force
    to the present case.”

    54. The Division Bench of the Hon’ble High Court of Delhi in W.P. (C) No.
    8531/22, titled Namita Khare and others vs. University of Delhi and
    others, decided on 11.07.2025 has observed in paragraph no. 36, as:-

    “36. The issue at hand is no longer res integra. In Jaggo, the Hon’ble
    Supreme Court held that the decision in Umadevi (Supra) cannot be
    stretched to deny regularisation to employees who have rendered
    long, continuous and essential service, where the initial appointment
    was not tainted by fraud or illegality. The Court emphasised that ad-
    hoc or temporary status cannot be used as a tool to deny dignity and
    job security to workers who discharge functions identical to regular
    staff over extended periods. The judgment recognised that sustained
    service in sanctioned or necessary posts, when coupled with absence
    of adverse service record, attracts constitutional protection against
    arbitrary termination and justifies regularisation on equitable
    grounds. We find it imperative to reproduce the following portion
    from Jaggo:………..”

    55. The conspectus of the aforesaid judgments is that the regular recruitment for
    sanctioned posts cannot be delayed to perpetuate temporary appointments
    by the Government Department. In the instant case, repeated extensions
    were given to the workman to discharge duties on the post of driver, which
    was subject to extension on satisfactory work performance, and the very fact
    that it was being extended for about five years, the reversion of the workman

    POIT- 41/2023 Page No. 25/31
    from the post of driver to the post of Nalla Beldar without assigning any
    reason, is nothing but arbitrary and against the principles of natural justice.
    Thus, the circular dated 25.02.2022 Ex. WW-1/16 is illegal and
    unjustified.

    56. Regarding payment of a fixed amount of Rs. 1200/- to the workman
    instead of the pay scale of Rs. 5200-20200 + GP of Rs. 2400/-, which was
    to be granted vide office order dated 15.02.2016 Ex. WW-1/5, suffice it to
    state that when the workman was doing a similar nature of work as was
    being done by the regular drivers, there is no justification to deny him
    payment of the regular salary of drivers.

    57. The Hon’ble Supreme Court in Dhirendra Chamoli & Ors. vs. State of
    U.P.
    , (1986) 1 SCC 637, has also held that as long as workers are performing
    the same duties, they must receive the same salary and conditions of service
    as Class IV employees.

    58. This Tribunal is also guided by the judgment of the Hon’ble Apex Court
    passed in State of Punjab and Ors vs Jagjit Singh and Ors, AIR 2016
    Supreme Court 5176, wherein it was held that persons discharging
    identical duties cannot be treated differently in terms of their pay merely
    because they belong to different government departments.

    59. Relying on the aforesaid decision of Jagjit Singh(supra), the Hon’ble
    Division Bench of the High Court of Delhi in the case titled Indu Munshi

    POIT- 41/2023 Page No. 26/31
    and Ors. v. UOI and Ors.
    , AIR Online 2018 Del 360 , held that the
    “contract teachers” were appointed against regular vacancies, their
    services have been continuous, and their appointments followed a
    constitutionally recognized process of advertisement and calling names
    from employment exchanges; each of them possessed and continues to
    possess the necessary qualifications, including B.ed.; each was
    interviewed before appointment. Therefore, considering their
    uninterrupted employment for over two decades, these Kashmiri migrant
    teachers are entitled to be regarded as regular appointees and to benefits
    such as provident fund, gratuity, and pension upon reaching the age of
    superannuation.

    60. In Shripal & anr. versus Nagar Nigam, Ghaziabad 2025 INSC 144 (Civil
    Appeal No. 8157 of 2024 decided on 31.01.2025), the Hon’ble Apex
    Court held that the principle of “equal pay for equal work” cannot be
    casually disregarded when workers have served for extended periods in
    roles similar to those of permanent employees and performed the same
    tasks (planting, pruning, general upkeep) of regular Gardeners but still
    receive inadequate and inconsistent compensation, constituting an unfair
    labour practice by the Respondent Employer.

    61. In the considered opinion of this Tribunal, the workman was wrongly
    denied the benefit of the regular driver, though he was performing a
    similar nature of duties against the vacant post of driver. Further, the
    management wrongly cancelled the office orders regarding the pay scale

    POIT- 41/2023 Page No. 27/31
    of Rs. 5200-20200 + GP of Rs. 2400/- payable to class IV employees
    engaged as drivers. The Management has also failed to assign any reason
    for paying the workman a fixed allowance of Rs. 1200/-, though he was
    discharging the duties of a regular driver who was paid a salary in the
    proper pay scale.

    62. Unfair labour practice, as defined u/s 2(ra), means any practice specified
    in the 5th Schedule of the ID Act, including, inter alia, item no. 10, which
    provides that to employ workmen as Badlis, casuals or temporaries and
    to continue them as such for years, with the object of depriving them of
    the status and privilege of permanent workmen, amounts to an unfair
    labour practice. In the considered opinion of this Tribunal, the
    management, in utter disregard of law, deprived the concerned workman
    of his legitimate rights, which amounts to an unfair labour practice as
    enumerated in Section 2 (ra) read with item 10 of the Fifth Schedule of
    the Industrial Disputes Act
    by employing the workman on a temporary
    basis for the permanent and perennial nature of the work of a driver, with
    the object of depriving him of the status and privileges of a regular and
    permanent employee. Therefore, the workman is entitled to the
    regularization of his services on the post of Driver w.e.f. 23.02.2016, i.e.,
    his initial date of joining, and is entitled to the salary of a driver in terms
    of the office order dated 16.07.2015 Ex. WW1/3 / office order dated
    15.02.2016 Ex. WW1/5 (or the corresponding revised pay scale under the
    applicable pay commission) with effect from his initial date of joining as
    a driver, with all consequential benefits, either monetary or otherwise.

    POIT- 41/2023 Page No. 28/31

    63. Another concern of the workman is that his entire service as a daily wage
    employee be considered for the grant of pension and other retirement cum
    death benefits under the old pension scheme. Ld. AR for the workman
    has placed reliance on the judgment of the Hon’ble High Court of Delhi
    in W.P.(C) 2060/2019, Dr Ravindra Narayan Mishra Vs Sri Guru Tegh
    Bahadur Khalsa College and ors
    , dated 19.05.2023 , wherein it has been
    observed as follows:

    “36. From a conspectus of the aforementioned judgments, it is
    palpably clear that Courts have repeatedly affirmed that if an
    employee enters service prior to 01.01.2004 i.e. the date of
    enforcement of NPS, inwhatever capacity, whether as temporary or
    ad-hoc employee and renders continuous and uninterrupted
    service, followed by regularisation/absorption, the period
    of service shall count towards qualifying service for pension and
    such an employee will be deemed to be in service prior to
    01.01.2004 and thus governed by OPS……..”

    64. It is amply clear from the reading of the aforesaid judgment that the
    entire services of the workman from the date of initial appointment on
    a temporary basis till the date of regularisation shall be
    counted as qualifying service for the purpose of pension, and he will be
    deemed to be in service prior to 01.01.2004 and governed by OPS.

    65. In view of the aforesaid discussion, issue no. 3 and 4 are decided in
    favour of the Workman and against the management.

    POIT- 41/2023 Page No. 29/31

    Relief:

    66. In view of the foregoing findings on issues, the workman is held
    entitled to the following reliefs:-

    1. The action of the management in reverting the
    workman to his earlier post vide circular dated
    25.02.2022 is hereby set aside, and the workman shall
    be deemed to be continuing as a Driver;

    2. The workman shall be regularised on the post of
    Driver with effect from 23.02.2016, the date from
    which he was initially deployed as Driver;

    3. The workman shall be entitled to pay scale of Rs.

    5200- 20200 with Grade Pay of Rs. 2400/- (or the
    corresponding revised pay scale under applicable pay
    commission) along with all consequential benefits
    with effect from 23.02.2016 onwards; and

    4. The entire services of the workman from the date
    of initial appointment on a temporary basis till the
    date of regularisation shall be counted as qualifying
    service for the purpose of pension, and he will be
    deemed to be in service prior to 01.01.2004 and
    governed by OPS.

    POIT- 41/2023 Page No. 30/31

    67. The management is directed to implement this award within 60 days
    of its publication, failing which it will be liable to pay interest at the
    rate of 8% per annum from the date of the terms of reference till its
    realization. The award is passed accordingly. A copy of the award be
    sent to the appropriate Government for publication. File be consigned
    to the Records after due compliance.

       Announced in open Tribunal on                                   Digitally
                                                                       signed by
                                                                       MANJUSHA
                                                              MANJUSHA WADHWA
                                                              WADHWA   Date:
                                                                       2026.04.07
    
    
    
    
       on 06.04.2026.
                                                                       12:39:07
                                                                       +0530
    
    
    
    
                                                     (MANJUSHA WADHWA)
                                          Presiding Officer Industrial Tribunal-1
                                               Rouse Avenue Court, New Delhi.
    
    
    
    
    POIT- 41/2023                                                                   Page No. 31/31
     



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