Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THIS writ petition has been filed against the impugned award dated 18th February, 1989, passed by the Labour Court-V, Kanpur in Adjudication Case No. 149 of 1987 between Kanpur Sahkari Milk Board Limited, Nirala Nagar, Kanpur and Dugdh Parishad Karmchari Sangh. By the impugned award the claim of the petitioner was rejected. The petitioner was initially engaged with respondent No. 2 with effect from 12.11.1969. As per averments made in the writ petition he was deputed to work as Junior Clerk (Route) immediately after a week but was given the grade of Junior Clerk (Route) only with effect from 1.2.1971. Aggrieved the petitioner raised an Industrial Dispute which was registered as Adjudication Case No. 49 of 1986 regarding grant of the grade of Junior Clerk (Route) with effect from the date of his appointment, i.e., 12.11.1969. The Tribunal by the impugned award held that the services of the petitioner are to be treated as Junior Clerk (Route) with effect from November, 1969 and not with effect from 1.2.1971.
(3.) IT is claimed that the petitioner thereafter was orally directed to discharge the duties of higher post of Sale Inspector/Sale Supervisor to control and improve the work of transport Section. IT is also claimed that one Senior Clerk Sri S. K. Tripathi was posted under him on 4.11.1974. Aggrieved that respondent No. 2 was taking the duties of higher responsibilities from the petitioner but was not paying the corresponding grade of the higher post, he raised an Industrial dispute which was registered as Adjudication Case No. 70 of 1975 before the Industrial Tribunal (I), Allahabad. The Tribunal by the impugned award granted special pay of Rs. 25 per month to the petitioner for discharging the additional responsibilities and also directed to be given designation of Junior Clerk (Despatch). The award was implemented with effect from 7.12.1973. The petitioner again raised an Industrial Dispute which was registered as Adjudication Case No. 20 of 1976 and it was decided in his favour and he was reinstated in service with effect from the date of his removal from service. The respondents employer filed a writ petition before this Court which was also dismissed and the petitioner was taken in employment on 3.11.1983 and since then he is working uninterruptedly. It appears that in 1983 some other higher posts fell vacant in Sale Section and all these posts were filled by direct recruitment. The petitioner claimed promotion on one of the posts alleging that the aforesaid posts have been filled in violating all the Rules which provide that 50% posts of the Sale Section are to be filled by promotion and remaining 50% posts by direct recruitment. When the grievance of the petitioner was not mitigated he raised an Industrial Dispute vide C.B. Application No. 64 of 1987. On conciliation proceedings having failed, the following matter of dispute was referred for adjudication to Labour Court-V Kanpur where it was registered as Adjudication Case No. 149 of 1987. ...[VERNACULAR TEXT OMMITED]... The award was given by the labour court on 18th February, 1989, which was published by publication on a Notice Board on 15.3.89. By the impugned award the labour court rejected the claim of the petitioner. Aggrieved by the aforesaid award he has filed this writ petition.;