A.S.SUPEHIA,J. - (1.) Feeling aggrieved and dissatisfied by the judgement dated 24.08.2004 passed in Special Civil Application No.3382 of 1990, wherein and whereby the learned Single Judge has quashed and set aside the award passed by the Industrial Tribunal, Ahmedabad, ('the Tribunal' for short) in Reference (IT) No.189 of 1987 dated 15.01.1990, the appellant workman has filed the present Letters Patent Appeal.
(2.) The recorded facts reveal that; the appellant was employed by the Respondent Uttar Gujarat Vij Company ('the respondent Company' for short) as a Junior Clerk. A dispute was raised by him for granting the promotion as Senior Clerk (Accounts) w.e.f. 22.02.1974. The same was referred to the Industrial Tribunal under Section 10(1) of the Industrial Disputes Act, 1947 for adjudication to the Deputy Commissioner of Labour, Ahmedabad.
(3.) The appellant had joined the service of the Respondent Company as Junior Clerk on 08.01.1966. By an Office Order dated 22.02.1974, he was promoted as Senior Clerk. It is the case of the appellant workman that as no relieving order was passed by the Respondent Company, he did not join the duties. Again he was promoted by an Office Order dated 22.07.1974 but, he did not join at the transferred place. Thereafter, on the third occasion, he was again promoted to the same post vide order dated 22.04.1975 and was posted at Dabhoda Sub Division. He did not join the duties due to some family circumstances. Vide Office Order dated 19.05.1976 he was again promoted as a Senior Clerk and posted at the same place i.e. Dabhoda Sub Division, which he had accepted.;