GAJENDRAGADKAR, J. - (1.) IN November 1959, the appellant, Brooke Bond (India), Ltd., promoted two clerks Sankara Narayanan and Natarajan from grade "A" to grade "B". Sankara Narayanan was recruited in the services of the appellant on 5 November, 1944, whereas Natarajan was recruited in the middle of September 1944. Mr. Mani had been recruited by the appellant on 31 July, 1944, and in length of service, he was senior to Sankara Narayanan and Natarajan. Mr. Mani, however, was not promoted. The failure of the appellant to promote Mani from grade "A" to grade "B" has given rise to the present dispute between the appellant and its workmen.
(2.) ANOTHER dispute was also referred to the tribunal and that was in respect of the transfer of Mr. Nair, one of the employees of the appellant. The tribunal held that the transfer of Nair was justified and so the reference was answered against the workmen of that point. In regard to the complaint made by the respondents workmen on behalf of Mr. Mani, the tribunal has held that the appellant was not justified in refusing to promote Mr. Mani and it has accordingly directed the appellant to promote him to grade "B" with effect from 1 April, 1959. The award further directs that Mr. Mani is entitled to all the emoluments of "B" grade clerk with effect from that date. It is this award which is challenged by the learned Attorney-General on behalf of the appellant before us.
(3.) IT appears that the tribunal has based its decision substantially on the view which it took that the failure to promote Mr. Mani is violation of the direction issued by the national industrial tribunal which pronounced its award. It appears that the national industrial tribunal which pronounced its award in 1959 dealt with the question about promotion and a general formula which it evolved in respect of these promotions was stated in these terms :"I give the general formula which has been accepted by many concerns, namely, all things being equal, seniority shall count for promotion. If the senior person has been overlooked in the question of promotion, he is at liberty to ask the concern for reason why he has been overlooked, in which case the concern shall give him the reason provided that it does not expose the concern or the officer giving any reasons to any civil or criminal proceedings.";