RAKESH TIWARI, J. - (1.) HEARD counsel for the parties and perused the record.
(2.) RESPONDENT workman Ram Narain son of Mewa Lal was working on the post Lab Attendant in Vidyut Parishad Inter College, Panki, Kanpur since 1949. The workman belongs to Scheduled Caste Candidate i.e. Dhobi. It appears that the petitioner was initially known as U.P. State Electricity Board for short (UPSEB) and in view of the U.P. Electricity Reforms Act, 1999 a New Company known as U.P. Rajya Vidyut Utpadan Nigam Ltd. has now been constituted under the Company Act. It has been substituted as party to the petition vide order dated 2.9.2004 in place of U.P. State Electricity Board, as U.P. Rajya Vidyut Utpadan Nigam Ltd. It also appears that a notice was issued by the Executive Engineer, Headquarter, UPSEB at the relevant time calling for application from the eligible candidates for promotion to the post of Lab Assistants in the Corporation. The workman who as was working in a School being managed and controlled by the Corporation applied for the post of Lab Assistant in the Power Corporation but was not promoted on the ground that there is no post of Lab Assistant in the Vidyut Parishad Inter College, Panki, Kanpur. The case of the petitioner before the Labour Court was that there was no post of Lab Assistant in the said College and the respondent workman was working as Lab Attendant in the said College, hence his claim on the said post in the Power House is not maintainable. It is stated that there was even no evidence before the Labour Court that there was functional integrity between the two establishments and nature of work of Lab Assistant recruitment process, qualification etc. in the said two establishments was same evidence about availability of post of Lab Assistant, hence respondent workman could not claim promotion as a matter of right. 3.1 It further appears that the workman raised following matter of dispute, which was referred by the State Government to the Labour Court, U.P. Kanpur. ...[VERNACULAR TEXT OMITTED]... 3.2 The reference was registered as Adjudication Case No. 201 of 1996. On receipt of summons, the parties filed their respective written statements as well as their rejoinder statements. 3.3 The Labour Court by its award dated 31.10.98 granted promotion to respondent No. 2 workman on the post of Lab Assistant with effect from 4.5.91 in Power House Panki. It further directed that as posts of Lab Assistants were available in the Power House and no person from the reserved category having been promoted on the said post, the petitioner being a Scheduled Caste candidate be appointed as Lab Assistant there.
(3.) THE counsel for the petitioner assails the award on the ground that he was appointed in the Rajya Vidyut Parishad Inter College, Panki, Kanpur which is a separate establishment from Panki Power House; that where there is no post of Lab Assistant sanctioned in the Inter College on which the workman could be promoted. It is stated that since he was not an employee in Panki Power House the Labour Court has committed an illegality in directing the employer to promote the workman concerned as Lab Assistant there.;