- (1.) Leave granted.
(2.) The respondent workman was employed by the appellant Company on 24.08.1967 as a Maistry Grade II. On 5.10.1978, he was promoted as Telephone Operator Grade I. Subsequently on 14.08.1982, he was further promoted as Telephone Operator Grade II. Then on 2.02.1988, he was promoted as Senior Telephone Operator Grade III. While he was so working, the respondent workman made certain representations to the management stating that he would be stagnating in that post without there being any further promotional avenue in that grade and he be given a post of Telephone Supervisor as a promotional post so that he will have a further promotional opportunity. The management did not agree to the said proposal. But on the said representation, instead of creating a post of Telephone Supervisor, the management transferred the respondent workman to the post of a Clerk.
(3.) Being aggrieved by the said transfer since the same made him work under his juniors and also not being satisfied with the salary available to that post, he raised an industrial dispute. In the said dispute, the respondent workman prayed that he be placed by the management in the higher grade in the non-technical branch w.e.f. 29.07.1990 and he be promoted with consequential monetary benefit flowing therefrom. The said dispute came for adjudication before the Additional Labour Court, Madurai, which rejected the submission of the management that the relief sought for by the respondent workman did not arise from the referral order and the same could not also be granted because of the fact that the respondent workman was not qualified to hold that post; by so holding the Labour Court by its impugned order directed that the respondent workman shall be placed by the management in a higher grade in the non-technical branch w.e.f. 29.07.1990 and be promoted as Accountant with all consequential monetary benefits.;