THE EXECUTIVE ENGINEER, (ST/RE), CONSTRUCTION DIV., MADHYA PRADESH ELECTRICITY BOARD Vs. MANIK CHAND AND OTHERS

JUDGEMENT

(1.) By this petition under Art. 227 of the Constitution of India, the petitioner/Board has called in question the tenability of the order dated 25.3.1996, Annexure P/2 passed by the labour Court and the order, Annexure P/1 dated 18.2.1999 passed by the industrial Court whereby the appeal filed by the petitioner-Board has been rejected.

(2.) The respondent/ employee filed an application under Sec. 31 read with Sections 61 and 62 of the Madhya Pradesh Industrial Relations Act inter alia contending that he is working as a driver in the petitioner's establishment. He is senior to respondents No. 2 and 3 and respondents No. 2 and 3 have been promoted as drivers, therefore he claimed promotion to the said post and wages attached to the post of driver on the ground that he is discharging the duties of a driver.

(3.) The petitioner/Board examined one witness, namely; Surendra Singh Pawar. On the basis of the evidence and documents which were brought on span style= record span, the labour Court by the impugned order, Annexure P/2 dated 25.3.19% allowed the application directing the petitioner/employer to promote the respondent/ employee to the post of driver with effect from the date respondents No. 2 and 3 were promoted to the said post and further directed that he be granted seniority above these persons.