- (1.) I have heard Mr. U. K. Nair, learned counsel for the petitioners, and Mr. J. Handique, learned Government Advocate, appearing on behalf of the respondent Nos. 1 and 2.
(2.) AGGRIEVED by the orders of promotion made in favour of the petitioners, the respondent Nos. 5, 6 and 7 of this writ petition, represented by their Union, namely, Workers Union, Assam Small Industries Development Corporation (in short, "asidc"), raised an industrial dispute. By notification, dated 14. 08. 1996, the State Government made a reference to the Labour Court of Assam, at Guwahati. The reference, so made, read as under : "whether the management of Assam Small Industries Development Corporation Ltd. Bamunimaidan, Guwahati-21 are justified in promoting juniors namely-Pradip Ch. Nayak, Padmanath Gogoi, Nakum Ch. Dutta, Munin Baruah, Moral Deka, Dinanath Kalita, Achyut Chandra Sharma and Md. Khalil Ali (All are non members of the union) to higher posts superseding seniors-namely, Md. Ziaur Rahman, Sarat Chandra Das, Ram Charan Haloi and Sudhir Sharma (All are members of the union)? If not, are the workman Md. Ziaur Rahman, Sarat Chandra Das, Ram Charan Haloi and Sudhir Sharma entitled to promotion to the higher post with due seniority or any other relief in lieu thereof? Whether the action of the Management of the Assam Small Industries Development Corporation Ltd. amounted to unfair labour practice? Whether the management of Assam Small Industries Development Corporation Ltd. are justified in transferring Shri Gopal Ch. Das, Ziaur Rahman and Sarat Ch. Das office bearers as well as protected workmen to other places while they are in office. If not, what action should be taken. "
(3.) THE reference abovementioned, which came to be registered as Reference Case No. 15/1996, was disposed of by award, dated 09. 09. 1998, passed by the Labour Court, Guwahati. The relevant observations and directions given in the award aforementioned read as under : "16. It appears from the written statement of the workmen dt. 24. 10. 96 and that of management dated 26. 12. 96 verified by Shri A. C. Bora, General Manager, Assam Small Industries Development Corpn. Ltd. , that the seniority among the two groups of workers numbering eight and four should be in the order given below : (1) Md. Khalil Ali (date of appointment 13. 5. 70) (2) Sarad Ch. Das (date of appointment 22. 10. 70) (3) Sri Achyut Ch. Sarma (date of appointment 18. 6. 71) (4) Sri Dinanath Kalita (date of appointment 13. 8. 72) (5) Sri Ram Charan Haloi (date of appointment 11. 12. 72) (6) Sri Sudhir Sarma (date of appointment 11. 12. 72) (7) Md. Ziaur Rahman (date of appointment 9. 4. 73) (8) Sri Nakul Ch. Dutta (date of appointment 12. 7. 73) (9) Sri Moral Deka (date of appointment 2. 12. 74) (10) Padmanath Gogoi (date of appointment 4. 12. 74) (11) Sri Munin Barua (date of appointment 6. 10. 76) (12) Sri Pradip Ch. Nayak (date of appointment 1. 1. 82) 17. The above seniority list should be followed and the promotions already made are to be scrapped to the extent necessary and re arranged according to the above list. In the other words promotion already made which are inconsistent with the above seniority list are scrapped to give effect to the above seniority position. The suggested charge shall take effect from the date of reference. However, the management are at liberty to create new posts to accommodate the affected employees while giving effect to this order if they so like. In no case junior employee as shown in the above list shown hold a higher post then any senior one of the four workman involved in the reference and as shown above. The schedules A and B of the reference are answered as above. The schedule C calls for no answer. ";