- (1.) AGGRIEVED by the order dated November 17/19, 1979 passed by the Managing Director, u. P. State Sugar Corporation Ltd. declaring petitioner's promotion as Labour Welfare officer Grade-II as illegal, invalid and unenforceable and reverting him to the post of labour Welfare Officer, Grade-Ill, the petitioner has come up in this writ petition seeking a writ of certiorari for quashing the same, and, a mandamus commanding the respondents to treat him as Labour Welfare officer, Grade-II with all benefits.
(2.) THE facts in brief are that the petitioner was appointed as Labour Welfare Officer, grade-Ill at Maheshwari Khetan Sugar Mills limited, Deoria (hereinafter referred to as the "factory" ). The terms and conditions of Labour welfare Officers are governed by the U. P. Factories Welfare Officers Rules, 1955 (hereinafter referred to as "1955 Rules" ). The employment of Welfare Officers in different grades is based on the size and number of employees in the Factory as provided in Rule 3 of 1955 Rules. Initially the number of employees of the Factory was less than 1000 but with the passage of time the production in factory increased resulting in increase of strength of its workers. The factory was taken over by U. P. State Sugar Corporation under the provisions of U. P. Sugar Undertakings (Acquisition) Act, 1971 (hereinafter referred to as "1971 Act" ). After said take over, the petitioner stood transferred by U. P. State Sugar corporation, to its Unit at Ramkola, District deoria. Since the number of employees at ramkola Unit was more than 1000, the petitioner made a representation dated October 25, 1978 to the Official Receiver for placing him in Grade-II whereupon he passed order on february 26, 1999 that the petitioner shall be treated Grade-II Welfare Officer, w. e. f. February 1, 1979. The said order was not given effect to. Subsequently the management decided to place him in Grade-II and the general Manager of Ramkola unit vide order dated October 9, 1979 communicated said decision that he has been placed in Grade-II of welfare Officer w. e. f. September 1,1979. After sometime without any show cause notice or opportunity to him the Managing Director, U. P. State Sugar Corporation Ltd. passed the impugned order declaring his placement in grade-II as invalid and unenforceable.
(3.) SRI K. P. Agarwal, Senior Advocate contended that the impugned order has been passed on misreading of document inasmuch as the petitioner was not placed in Grade-II by the general Manager but the General Manager communicated the decision of the Management of the Factory of placing the petitioner in grade-II. Therefore, it is evident that the impugned order was passed On non est ground based on misreading of the document. He further contended that since the petitioner was already promoted and working in Grade-II, the impugned order which in effect amounts to cancellation of his promotion and then visits civil consequences and, therefore, could not have been passed without giving opportunity of show cause to petitioner. It is admitted case of the parties that no opportunity has been given to the petitioner before passing of the order impugned and thus it is in violation of principle of natural justice. He further contended that rule 15 of 1955 Rules provided that no order of punishment shall be passed without previous concurrence of the Labour Commissioner but in the present case since no concurrence of the labour Commissioner has been obtained, hence it is also in violation of Rule 15 of 1955 Rules.;