- (1.) Heard Counsel for the parties and perused the record. The U.P. State Electricity Board was constituted under Section 5 of the Electricity Supply Act, 1948 and under Section 79-C of the aforesaid Act, the Board has powers to frame regulations laying down service conditions for recruitment, employment etc. for its employees. The regulations framed in exercise of aforesaid provisions are statutory in nature and are applicable on all the employees of the Board. No recruitment or promotion can be made in violation of statutory regulations framed in exercise of powers conferred under Section 79-C of the aforesaid Act. The respondent-workman in the year 1995 claimed that the work of Noter and Drafter is being taken from him and therefore, he raised an Industrial Dispute through Government in exercise of powers under Section 4-K of the U.P. Industrial Disputes Act, 1947 vide order dated 17.7.1995 for adjudication to the respondent No. 2 in following terms: Kya Sevayojako Pwara Apne Shramik Vijai Tripathi Putra Shri Ram Manorath Tripathi Pad Shramik Shiftdin Vibhag Account Branch Bijli Ghar (Kesa) Kanpur Ko Uski Karya Ki Prakriti Ke Anusar Noter Evam Drafter Ka Padnam Evam Tadnusar Vetanman Na Diya Jana Anuchit Tatha Athwa Avaidhanik Hai Yadi Hai, To Sambandhit Shramik Kya Labh/Anutosh (Relief) Pane Ka Adhikari Hai Kis Tithi Se Tatha Anya Kis Vivran Sahit The Labour Court on 30.3.1996 debarred the employers from submitting their written statement. The petitioner moved an application on 26.4.1996 along with written statement inter alia, stating that they could not submit the written statement in the case as no such employee i.e. Vijai Tripathi son of Sri Ram Manohar Tripathi as mentioned in the order of reference is working in their administrative department, out one Vijai Tripathi son of Sri Ram Manoher Tripathi is working who has claimed the designation of Noter and Drafter and the delay in filing the written statement had accrued due to time taken in verification of records as the percentage of petitioner was incorrectly given. It was prayed that the order dated 30.3.1996 be recalled in the interest of justice and, their written statement be taken on record. The application was rejected by the Labour Court and the written statement of the petitioner was not taken on record. However, he was permitted of file the rejoinder statement.
(2.) The post of Noter and Drafter is of Ministerial Cadre and the recruitment and promotion to this post if governed by U.P. State Electricity Board Ministerial Establishment (Office of the Chief Engineer and other "Subordinate Officers) Regulations, 1970. It may be stated that there is no post with the designation of Noter and Drafter in these Regulations and the posts are either Junior Noter and Drafters for Senior Noter and Drafter is a promotional post and the posts are filled by promotion from amongst confirmed Routine Grade Clerks. The post of Routine Grade Clerks are filled by competitive examination conducted by the Electricity Service Commission. It may be further stated that the educational qualification for the post for the post of Junior Noter and Drafter is bachelor degree of a recognized University or an equivalent qualifications whereas the qualifications for Routine Grade Clerk is Intermediate from Board of High School and Intermediate Education U.P. or examination recognized as equivalent thereto by the Governor.
(3.) It is further contended by the petitioned that the workman respondent did not possess requisite qualification for the post of Noter and Drafter as he was only Intermediate and the entire approach of the Labour Court is perverse and is against the evidence on record. It is vehemently denied that the work of Noter and Drafter was ever taken from the respondent-workman.;