Ram Niwas vs South Delhi Municipal … on 9 October, 2015

1. The appellant Ram Niwas claimed a right to be promoted as a Garden
Choudhary w.e.f. June 16, 1997 with consequential benefits and the dispute
was referred to the Labour Court by the Competent Authority on April 04,
2003.
2. Vide Award dated January 07, 2005, while denying the entitlement to
be promoted as a Garden Choudhary w.e.f. June 16, 1997, the learned
Labour Court directed that Ram Niwas would be paid wages in the pay scale
applicable to the post of Garden Choudhary w.e.f. June 16, 1997 because the
evidence was that notwithstanding he being appointed as a Mali on
permanent basis since March 16, 1986 he was directed orally by the
Assistant Director (Horticulture) to discharge duties of a Garden Choudhary
w.e.f. June 16, 1997. As per the Tribunal, Ram Niwas could therefore not

LPA No.188/2010 Page 1 of 5
be denied wages applicable to the post of a Garden Choudhary.

Source: Indian Kanoon

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