- (1.) Heard learned Counsel for the petitioners and Sri D. K. Tandon, learned Counsel for the respondent nos. 2/1 to 2/3.
(2.) By means of the present petition, the petitioners have challenged the award dated 19. 07. 1990 passed by Labour Court No. II at Kanpur, in industrial dispute raised by Late Sri Rais Khan, who was impleaded at the time of filing of the present petition as respondent no. 2. However, during the pendency of the writ petition, the respondent no. 2 Sri Rais Khan died and his legal heirs were substituted as respondent nos. 2/1 to 2/3. An interim order dated 31.3. 1992 was passed in favour of the petitioners by this Court and the award has not been implemented.
(3.) The award dated 19. 07. 1990 passed in case no. 107 of 1989 has been assailed by the learned Counsel for the petitioners on the grounds to the effect that findings given by the Labour Court, are perverse in nature, as the same is based only on the oral statement recorded before the Labour Court and no junior to the respondent no. 2 was promoted on the post of Cable Jointer and no selection was held or completed with respect to the post in question i. e. Cable Jointer.;