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2. The facts as are relevant for the adjudication of the present writ petition are as follows:-

(i) The respondents herein, (workmen for short), were working as pump mechanics with the Corporation in the pay scale of Rs.280 -

560. It was alleged on behalf of the workmen that the pay scale of pump-mechanics in Delhi Water Supply and Sewage Disposal (now Municipal Corporation of Delhi) Undertaking was previously fixed at Rs.425 - 700, which was increased from 1st January, 1973, to Rs.550 - 800, whereas the workmen of the Corporation continued to remain in the old pay scale. The workmen further stated that after implementation of the Fourth Pay Commission‟s Report, pay scale of pump mechanics in MCD was revised to Rs.1600 - 2660/-, but the said pay scale was not given to the present workmen.

(iv) The Management further contended that duties of pump mechanics in the Corporation are different from the duties of pump mechanics of MCD and, therefore, the workman could not claim parity with the pay scales of the employees of MCD.

(v) The workmen in support of the case examined themselves, whereas on the other hand the Corporation examined one Shri.J.N.Kakkar.

(vi) The Industrial Adjudicator framed the following issues:-

(xii) Dealing with the last objection on behalf of the Corporation the Industrial Adjudicator considered the Recruitment Rules for the post - pump mechanic, of the Corporation, in conjunction with those of pump mechanics of MCD and concluded that the Recruitment Rules of pump mechanic in the Corporation were decidedly stiffer as compared to those of the MCD. Consequently, the Industrial Adjudicator arrived at the conclusion that there was no justification for the Corporation, not to pay its pump mechanics same pay scales as pump mechanics in MCD, particularly, when as discussed before with regard to other employees, the Management of the Corporation was following the Pay Policy of MCD. Resultantly, the Industrial Adjudicator directed the Corporation to pay the workman in the scale of Rs.1600-2660 from the date of reference i.e. 16th June, 1987, although the pay scale in MCD had been revised with effect from 1st January, 1973.

a) The Corporation had been following the pattern of pay scales of MCD while deciding the pay scales of its employees;

b) That the workmen were doing identical and fairly comparable duties with their counterparts in the MCD;

c) That the workmen as departmental candidates were subjected to stiffer Recruitment Rules as compared to their counterparts in the MCD; and

d) That the resolutions on record and the letter dated 1st March, 1988 issued by the Assistant Secretary of the Corporation clearly establish that the pay scales in the Corporation were at par with those in the MCD.