- (1.) These two writ petitions are directed against a common Award of the Labour Court at Agra and can be conveniently decided by a common judgment These two writ petitions were heard together.
(2.) M/s. Swadesh Cotton Mills Company Limited, Kanpur, hereinafter referred to as the Company, has challenged the Award of the Labour Court dt. 31st Aug., 1974, whereby Sri Jagdish Prasad, a substitute peon in the general shift, was directed to be made permanent peon with effect from Ist July, 1972.
(3.) In writ petition No. 2698 of 1975, Brij Kishore, another substitute peon in the company has challenged this very award claiming that Jagdish Prasad was not entitled to be made permanent in preference to Brij Kishore. Thus, in both the petitions the challenge is to the Award of the labour court that Jagdish Prasad was not entitled to be made a permanent peon. The argument in both the petitions was that Jagdish Prasad was not the seniormost among the substitute peons and there were other peons, who were senior to him and as such the Award in favour of Jagdish Prasad was bad in law. Learned counsel for the petitioners in both the petitions contended that the labour court had misread relevant piece of evidence and drawn conclusions which were unwarranted and arrived at a finding which was wholly perverse. Having perused the material on record and heard learned counsel for the parties, we find force in this contention.;