Delhi District Court
In The Statement Of Claim vs Unknown on 24 July, 2007
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IN THE COURT OF SH. I.S. MEHTA: PRESIDING OFFICER:
INDUSTRIAL TRIBUNAL NO.I: ROOM NO.2:
KARKARDOOMA COURTS: DELHI.
I.D.NO.58/2005
Date of Institution :- 13.05.2005.
Date of Reserve for Award :- 13.07.2007.
Date of passing of Award :- 24.07.2007.
BETWEEN
The management of M/s. Officiating Engineer,
Horticulture, Division-3, PWD,
MSO Building, New Delhi-2.
(2). M/s. Chief Engineer, PWD, Curzon Road Barracks,
New Delhi.
AND
Its workmen Sh. Bhopal Singh S/o Sh. Raghubir Singh & 27 others
C/o All India CPWD (MRM) Karamchari Sangthan,
4823, Balbir Nagar Extension, Gali No.13,
Shahdara, Delhi-32.
AWARD
Secretary (Labour), Govt. of the National Capital
Territory of Delhi has referred this dispute arising between the
parties, named above for adjudication to this Tribunal vide
notification No.F.24(3662)/04-Lab./7716-720 Dated 19.04.2005
with the following term of the reference :-
"Whether the workmen shown in Annexure
'A' are entitled to receive the benefit of
A.C.P. Scheme on completion of 12 years
service from the date of respective
employment and if so, to what relief are
they entitled and what directions are
necessary in this respect ?"
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ANNEXURE 'A'
S.No. Name & Father's Name S/Sh. Date of
Appointment
1 Bhopal Singh S/o Raghubir Singh 26.03.87
2 Bansat La S/o Nand Kishore 26.03.87
3 Bhim Singh S/o Teg Singh 26.03.87
4 Layak Ram Sharma S/o Om Prakash 26.03.87
5 Kishan Lal S/o Pyare Lal 26.03.87
6 Jasbir Singh S/o Pritam Singh 26.03.87
7 Om Singh S/o Bhavar Singh 26.03.87
8 Balram S/o Ratan Singh 26.03.87
9 Latur S/o Bhura 26.03.87
10 Om Prakash S/o Hira Lal 26.03.87
11 Virender Singh S/o Dhanpal Singh 20.07.84
12 Krishan Pal S/o Ratan Singh 07/12/88
13 Krishan Pal Sharma S/o Tilak Ram Sharma 26.03.87
14 Maharaj Singh S/o Gandhi 01/10/84
15 Mam Chand S/o Hari Chand 20.12.85
16 Mahesh Chand S/o Than Singh 20.12.85
17 Om Prakash S/o Hari Singh 20.12.85
18 Baley S/o Chetre 20.12.85
19 Ishwar Singh S/o Nirmal Singh 20.12.85
20 Rambir S/o Khiladi 20.12.85
21 Satbir Singh S/o Hari Ram 20.12.85
22 Asha Ram S/o Mata Deen 26.03.87
23 Vishamber S/o Nirmal Singh 26.03.87
24 Anang Pal S/o Badlu 26.03.87
25 Hari S/o Ghishu 26.03.87
26 Mahender S/o Ram Chander 26.03.87
27 Gajender S/o Bhajan Lal 26.03.87
28 Shobh Nath S/o Ambika Pd. 07/12/88
29 Subhash S/o Ramesh Chand 26.03.87
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1.In the statement of claim, it is stated that the workmen whose particulars are shown in Annexure A are working under the Executive Engineer, Horticulture Division III, PWD, MSO Building, New Delhi. It is further stated that the workmen passed the trade test for the post of Senior Mali on 24.08.2001. It is further stated that the Government has announced the ACP Scheme on 09.08.99 for at least two financial up gradations in service tenure after completion of 12 and 24 years of service, therefore, the present workmen are also eligible for first financial up gradation i.e after completion of 12 years of service from the date of employment and that the workmen fulfill all the eligibility criteria for grant of ACP Scheme but the management illegally deprived the workmen from the rightful dues. The workmen are the victim of discrimination on the part of the management. The union of the workmen has properly espoused the case of the workmen. It is prayed that the workmen be given the relief, as claimed in the statement of claim.
2. In rebuttal, the management has filed the written statement wherein it is stated that the management has given the benefits of ACP Scheme as per policy. The work charge staff, who have completed 12 years of service as on 09.08.99 and has qualified the prescribed trade test at the first :4: instance, are eligible to get the benefits of ACP. The present workmen have passed the trade test at first instance held in 2001 and are eligible to get benefits of ACP. Hence, as per office order dated 24.08.2001 NO.10(8)/2001- 2002/ADOH/EWC/393-407, the claimants are found eligible for the benefits under the ACP Scheme. The eligible workmen have been granted benefits of ACP w.e.f.24.08.2001 and the arrears have also been paid to them vide office order dated 06.01.2004. The said action of the management is absolutely according to the policy and procedure of the competent authority. It is prayed that the present statement of claim of the workmen be dismissed being not maintainable.
3. Rejoinder was filed wherein all the contentions raised in the written statement were controverted and those of the statement of claim were reiterated.
4. On the pleadings of the parties, the following issues were framed :-
1. "Whether the workmen shown in Annexure 'A' are entitled to receive the benefit of A.C.P. Scheme on completion of 12 years service from the date of respective employment and if so, to what relief are they entitled and what directions are necessary in this respect ?"
2. Relief.:5:
5. The particulars of the workmen who have come to depose in favour of their individual case are as under :-
S.No Name of workman & Affidavit Documents, relied upon examined as tendered in in evidence evidence Bhopal Singh-WW1 Ex.WW1/A Ex.WW1/1 to 1 Ex.WW1/11 2 Krishal Pal Sharma-WW2 Ex.WW2/A Ex.WW2/1 3 Asharam-WW3 Ex.WW3/A Ex.WW3/1 4 Satveer-WW4 Ex.WW4/A Ex.WW4/1 5 Kishan Lal-WW5 Ex.WW5/A Ex.WW5/1 6 Anag Pal-WW6 Ex.WW6/A Ex.WW6/1 7 Eshwar-WW7 Ex.WW7/A Ex.WW7/1 8 Layak Ram Sharma-WW8 Ex.WW8/A Ex.WW8/1 9 Virender Singh-WW9 Ex.WW9/A Ex.WW9/1 10 Bhim Singh-WW10 Ex.WW10/A Ex.WW10/1 11 Mam Chand-WW11 Ex.WW11/A Ex.WW11/1 12 Om Prakash-WW12 Ex.WW12/A Ex.WW12/1 13 Mahesh Sharma-WW13 Ex.WW13/A Ex.WW13/1 14 Latoor Singh-WW14 Ex.WW14/A Ex.WW14/1 15 Basant Lal-WW15 Ex.WW15/A Ex.WW15/1 16 Ram Bir-WW16 Ex.WW16/A Ex.WW16/1 17 Bishamber-WW17 Ex.WW17/A Ex.WW17/1 18 Bal Ram-WW18 Ex.WW18/A Ex.WW18/1 19 Krishan Pal-WW21 Ex.WW21/A Ex.WW21/1 20 Bale-WW22 Ex.WW22/A Ex.WW22/1 21 Om Singh-WW23 Ex.WW23/A Ex.WW23/1
6. WW24 is Sh. Satish Kumar who is General Secretary of the Union of the workmen. He has tendered his affidavit Ex.WW24/A and documents Ex.WW24/1 to Ex.WW24/3. :6:
7. On behalf of the management Sh. Zile Ram- Deputy Director (Horticulture), is examined as MW1 who has tendered his affidavit Ex.MW1/A and documents Ex.MW1/1 & Ex.MW1/2.
8. MW1- Sh. Zile Ram has proved the list dated 24/08/2007 of successful candidates who had qualified the Trade test of Mali for promotion to the post of Senior Mali. He has further proved the statement of arrears dated 06.01.2004 Ex.MW1/2 whereby the present concerned workmen were paid their arrears as per ACP Scheme w.e.f.24.08.2001 on which they have passed the trade test for promotion to the post of Senior Mali. Learned AR of the workman has put certain suggestions to MW1 during his cross-examination, which suggestions were admitted by him. The said suggestions are reproduced as under :-
It is correct that the workmen concerned in the present case have completed 12 years of service in ACP. It is correct that the workmen have passed the trade test in first instance and that they are entitled for grant of ACP. The workmen are entitled to the grant of ACP Scheme w.e.f August, 1999 or date of completion of 12 years of service. It is correct that the workmen concerned are named in the list which is annexure A to the reference order and the same is Ex.MW1/W-1.
9. Therefore, it is an admitted case between the parties that the criteria of granting ACP Scheme to the workmen is :7: completion of 12 years of service and qualifying of prescribed trade test at the first instance.
10. In the present case, the workmen are already found eligible for grant of ACP Scheme as on 24.08.2001, on the passing of trade test at first instance. All the workmen who have come in the witness box have also admitted that they have received the benefits of arrears w.e.f.24.08.2001 when they qualified the Trade Test.
11. In view of the above discussions, the management is directed to consider the case of the present workmen concerned for grant of ACP Scheme as per the policy of the management. Reference is answered accordingly. Award is passed, accordingly.
Dated: 24.07.2007.
[ I.S. MEHTA ] PRESIDING OFFICER:
INDUSTRIAL TRIBUNAL NO.I:
DELHI.
(one separate copy attached).