JUDGEMENT
Aloke Chakrabarti, J. -
(1.) Certain Tacts stated in this writ petition are relevant for resolving the dispute involved herein.
(2.) The petitioner was appointed as Operator 'B' in Production Deapartment, B.D. Plant under the Management of Synthetics and Chemicals Limited at Bareilly with effect from 6.12.1978. Junior persons, who were working with the petitioner in Butadine Plant, were transferred to Rubber Plant and they were promoted there as Operator Grade-A with effect from 15.3.1988 ignoring the seniority of the petitioner. The petitioner raised objection and made representation and thereafter was given promotion as Operator Grade-A in the year 1991 with effect from 1.9.1990, although the petitioner was entitled to be promoted much earlier along with his aforesaid juniors. By subsequent similar action again, junior persons were transferred to other department and then given promotion compelling the petitioner to make objection. Ultimately, the petitioner raised Industrial dispute which was registered as Adjudication Case No. 23 of 1996 in Labour Court at Bareilly.
(3.) The Management continued such illegality by promoting further persons Junior to the petitioner ignoring the claim of the petitioner. The petitioner again raised dispute and filed application under Section 6F of U, P. Industrial Disputes Act, 1947 which was registered as Misc. Case No. 60 of 1997 in Adjudication Case No. 23 of 1996. Thereafter the petitioner was transferred from Bareilly to Kandla Port in Gujarat by order dated 26.7.1997 enabling the Management to promote persons junior to the petitioner at Bareilly. The petitioner again filed application under Section 6F of the said Act for violation of provision of Section 6E of the said Act on 28.8.1997. The Management filed a written statement. The Labour Court rejected the said application by order dated 29.5.1998. Challenging the same as also the transfer order, this writ petition has been filed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.