SHISHIR KUMAR, J. - (1.) BY means of the present writ petition the petitioner has approached this Court for issuing a writ of certiorari quashing the award dated 19.4.2006 passed by Presiding Officer-I, U.P. Kanpur in Adjudication Case No. 151 of 2002 which was published on 24.6.2006, Annexure-1 to the writ petition.
(2.) THE petitioner U.P. State Handloom Corporation being employer has approached this Court for setting aside the aforesaid award by which the Labour Court has directed the petitioner that respondent-workman be treated on the post of Senior Salesman from 1.4.1981 and from 1.1.1986 be treated as Depot Manager Grade-II and accordingly the salary be paid to the respondentworkman. The respondent-workman who was an employee of the petitioner, as he was denied promotion on the post of Senior Salesman and subsequently on the post of Depot Manager GradeII, raised a dispute before the labour court on the basis of the reference by the State Government. For the ready reference, the reference to the labour court is being quoted below:- "KYA SEVAYOJKON DWARA APANE KARMCHARI SUSHIL KUMAR PUTRA SRI HARI, D. MASAND PAD SENIER SELSMAN, KENDRIYA VASTRAGAR KO DI. 1.4.81 SE SENIER SELSMAN PAD PAR VA DINANK 1.1.86 SE DIPO MANAGER GRADE-II PAD PAR PRONNAT KI IANI CHAHIYE? YADI HAN, TO KIS TITHI SE, TATHA KIS ANYA VIVARAN SAHIT ? " The labour court on the basis of relevant record and on the basis of written statement filed on behalf of petitioner has considered the claim and has come to the conclusion that respondent-workman is entitled to be given promotion and further promotion in accordance with the reference.
(3.) LEARNED counsel for the petitioner Sri S.N. Singh Yadav has submitted before this Court that the labour court has got no jurisdiction to direct the authority to treat a person at a particular post. The labour court has only power to direct the authority concerned to consider the claim of the respondent-workman. It has further been submitted by the learned counsel for the petitioner that according to U.P. State Handloom Corporation Limited (Officer and Staffs) Service Rules 1981 which provides the provisions for promotion, Sub Clauses (1) and (2) of Rule 23 of the aforesaid rules mention that all promotions form lower posts or grades to the higher posts or grades shall be mainly performance oriented. Promotion to the post of Group 'A' and Group 'B' against the vacancies reserved to be filled up by the promotion from amongst the serving employees, shall be strictly on merit. In taking support of the aforesaid provisions, learned counsel for the petitioner submits that it is on the basis of merit to be considered for promotion, therefore, the labour court was not justified in directing the petitioner to treat the respondentworkman on a particular post. If the labour court was satisfied, he should have directed the petitioner to consider the claim of the respondent-workman. In support of the aforesaid contention, learned counsel for the petitioner has placed reliance upon the judgment of the Apex Court in the case of K. Samantaray Vs National Insurance Co. Ltd. reported in (2004) 9 SCC 286 and has placed reliance upon paragraph-6 of the judgment which is quoted below:- " In all services, whether public or private there is invariably a hierarchy of posts comprising of higher and lower posts. Promotion, as understood under the service law jurisprudence, is advancement in rank, grade or both and no employee has a right to be promoted, but has a right to be considered for promotion. The following observation in Sant Ram Sharma v. State of Rajasthan are significant: " The question of a proper promotion policy depends on various conflicting factors. It is obvious that the only method in which absolute objectivity can be ensured is for all promotions is to be made entirely on grounds of seniority. That means that if a post falls vacant it is filled by the person who has served longest in the post immediately below. But the trouble with the seniority system is that it is so objective that it fails to take any account of personal merit. As a system it is fair to every official except the best ones; an official has nothing to win or lose provided he does not actually become so inefficient that disciplinary action has to be taken against him. But, though the system is fair to the officials concerned it is a heavy burden on the public and a great strain on efficient handling of public business. The problem, therefore is how to ensure reasonable prospect of advancement to all officials and at the same time to protect the public interest in having posts filled by the most able man? In other words, the question is how to find a correct balance between seniority and merit in a proper promotion policy. ";