Delhi Development Authority Vs. Hari Singh and ors.

constitution of india, 1950 - article 226--writ--question of fact--service matter--workman diverted after passing of prescribed trade test of stenography--petitioners themselves issued the experience certificate for working as a hindi steno-typist--tribunal relying on the material on record passed award directing the petitioner to pay the minimum pay scale without increment to the respondent for the post of steno-typist during the period in question--a finding of fact not be interfered with in writ petition--that apart the delay in filing the petition not being satisfactorily explained by the petitioner, petition is barred by delay and laches as well. - - the tribunal also found that the wages of the diverted capacity are to be paid to the workman only from 31st october, 1986 to 5th july, 1991 since it has been clearly found as a finding of fact that the petitioner worked as hindi steno typist in diverted capacity from 31st october, 1986 to 5th july, 1991 and the payment for only such period without any regularization has been granted, this finding of fact cannot be interfered under article 226 of the constitution. accordingly the writ petition is dismissed both on merits as well as for laches.mukul mudgal, j.1.this writ petition challenges the award dated 6th november, 2001 by which the respondent no.1 was directed to be paid the minimum of pay scale without increment, for the post of steno-typist during the period 31st october, 1986 to 5th july, 1991.2.the impugned award is dated 6th november, 2001 and the petition has been filed belatedly without any satisfactory explanationn in august, 2003. the writ petition avers that the award was received by the petitioner in the third week of january, 2002. from then to 31st january, 2003 the only explanationn is the contemplation of filing of a review petition which was never filed. even from 31st january, 2003 till 9th april, 2003 there is no satisfactory explanationn for the delay. 3.even on merits it has been found that the workman hari singh was diverted after passing of prescribed trade test of stenography. the tribunal has relied on documents such as exhibits ww1/12, ww1/15, ww1/18, ww1/19. the tribunal has also rightly relied upon certificate issued by the petitioner themselves namely experience certificate, exhibits ww1/21 to ww1/23, ww1/26, ww1/28 given to the respondent nos. 1 for working as a hindi steno typist. accordingly the tribunal came to a finding after examining the record that from 31st october, 1986 till 1991 the workman was working in diverted capacity of hindi steno-typist. the tribunal also found that the wages of the diverted capacity are to be paid to the workman only from 31st october, 1986 to 5th july, 1991 since it has been clearly found as a finding of fact that the petitioner worked as hindi steno typist in diverted capacity from 31st october, 1986 to 5th july, 1991 and the payment for only such period without any regularization has been granted, this finding of fact cannot be interfered under article 226 of the constitution. even on merits the award does not warrant interference. accordingly the writ petition is dismissed both on merits as well as for laches.