Pathak, J. - (1.) This appeal by special leave is directed against the judgment and order dated Dec. 12, 1979 of the High Court of Madhya Pradesh dismissing a writ petition filed by the appellant.
(2.) We have heard learned counsel for the appellant and for the respondent-employer. The respondent M. P. Singh has been served with notice of the appeal but has not entered appearance
(3.) The appellant and the respondent M. P. Singh are employees in the Bhilai Steel Plant. The appellant was appointed as a fitter on Jan. 18, 1960 and thereafter he was appointed to the post of Chargeman Grade III by an order dated August 26, 1964 with effect from July 1, 1964. On Jan. 10, 1966, he was promoted to the post Of Chargeman Grade II. M. P. Singh was originally appointed to the post of Assistant Material Chaser on May 26, 1961 and this was followed by a promotion to the post of Material Chaser with effect from July 1, 1964. M. P. Singh filed an application before the Labour Court under S. 31 (3) read with Section 61 of the Madhya Pradesh Industrial Relations Act, 1960 claiming promotion to the post of Chargeman Grade II. He also claimed that he was senior to the appellant. The Labour Court upheld this claim. It found that M. P. Singh was entitled to the post of Chargeman Grade II with effect from Jan. 10, 1966, that he was, therefore, entitled to arrears of pay for the period Jan. 10, 1966, to June 30, 1973 (from which date he had been treated by the employer as holding the post of Chargeman Grade II), and further that he was senior to the appellant. Against the award of the Labour Court the employer filed a revision petition, but the revision petition was dismissed. The appellant now filed a writ petition in the High Court contending that M. P. Singh was not entitled to promotion to the post of Chargeman Grade II, and the High Court has dismissed the writ petition on the merits.;