Municipal Corporation Of Delhi vs Ganesh Razak & Anr. on 26 November, 1993
13. Coming to the submission on behalf of the petitioners that the
workmen were entitled to the benefit of the judgment of the Bombay
High Court in Writ Petition 389/1985, it is seen that the conclusions
drawn therein were reached at a time before the decision of the
Supreme Court in the case of MCD vs.Ganesh Razak (supra) which
came to be decided only in 1994. The said decision, it is seen, limited
the scope of the proceedings and categorically held that in
proceedings under Section 33C (2) of the ID Act, the scale of the
workmen to which they were appointed could not be changed by the
Industrial Adjudicator.