A Delhi court has directed Municipal Corporation of Delhi (MCD) to appoint a wi dow in place of her husband who died in harness while working with the management of New Delhi Municipal Council (NDMC).
Ajay Goel, Presiding Officer, Industrial Tri-bunal, Rouse Avenue Courts observed, ” ‘…both
daily wage safai karamchari and regular safai karamchari perform identical work, their working hours, duties, responsibilities are also same. However, daily wage Safai Karamchariare paid lesser remuneration despite working for equal hours and performing similar work”
The management granted compassionate appointment on daily wage basis to Guddi after her husband Rajender’s death in 1987.
The court held ittobe an unfair labour practice by the management and granted Guddi regu-larisation from initial date of joining in May 2007 on compassionate grounds in regular pay scale with all consequential benefits.
In addition, the MCD was also directed to comply with the award within 60 days failing which it has to pay 8% interest from the date of its accrual to till it makes the final payment. Appearing for Guddi, advocate Rajiv Agar-wal submitted before the court that the management has admitted that she was appointed on compassionate grounds in place of her husband.
However, “the management failed to justify from where they are deriving the power to grant appointment on compassionate ground on mere temporary basis. It is not the case of the management that the workman Smt Guddi does not fulfil the requisite qualification for the post of Safai Karamchari at the time of her initial joining in the year May 2007,” submitted the counsel.