RAKESH TIWARI, J. - (1.) HEARD the learned counsel for the parties and perused the records.
(2.) THE petitioner U.P. State Electricity Board (now Corporation) has challenged the award dated 9.2.1989 passed by the Industrial Tribunal II. U.P., Lucknow, By the impugned award it has been held that respondent No. 1 is entitled to seniority from the date of joining, i.e., 17.12.1956 as Junior Engineer in ordinary grade and is eligible for consideration for the post of Junior Engineer in selection grade and Assistant Engineer on the date on which his next junior was considered and given promotion on the next post with retrospective effect from due dates. Workman P.N. Khanna was appointed as work charge supervisor on 12.12.1956 and joined his duties on 17.12.1956. By order dated 23.4.1966 he was approved as shift supervisor.
(3.) A seniority list of Junior Engineers ordinary grade was announced on 12.6.1983 in which respondent No. 1 was placed at serial No. 1145 on the basis of date of approval; whereas other similarly placed workman, namely, Amit Das Gupta, N.K. Sharma, J.K. Bhattacharya, Manohar Lal and R.S. Thaddi were given seniority from the date of appointment. S.C. Nigam, Junior Engineer was also given seniority from the date of joining, i.e., 26.8.1962 and was promoted as Assistant Engineer with effect from 22.8.1984. Aggrieved by the seniority list, respondent -workman raised an industrial dispute, which was referred by the State Government for adjudication by the Industrial Tribunal (II) U.P. at Lucknow under Section 4K of the U.P. Industrial Disputes Act, 1947. The said reference was registered as Adjudication Case No. 60 of 1985.;