S.N. Sahay, J. - (1.) This is a petition for issuing a writ of certiorari to quash the order of the Labour Court, Lucknow, dated October 31, 1987 (Annexure-4), and a writ of mandamus commanding the opposite parties to consider the seniority of A.M. Aslam, opposite party No.3, in accordance with the gradation list and promote him to the next higher post of Senior Clerk with effect from January 8, 1974.
(2.) There was an industrial dispute between the petitioner, U.P. State Agro Industrial Corporation Ltd., and two workmen namely, A.M. Aslam opposite party No.3 and P.N. Sharma regarding promotion as Senior Clerk. The dispute was referred by the State Government to the Labour Court, Lucknow by order, dated April 25, 1985. The case of the workmen was that A.M. Aslam and P.N. Sharma were appointed as Junior Clerks in the pay scale of Rs.100-180. A.M. Aslam was appointed with effect from July 22, 1968 and P.N. Sharma was appointed with effect from September 23, 1968. Both of them were posted in Tal Katora Workshop of the petitioner Corporation. However, D.S. Rawat and seven others who were junior to the above named two workmen were arbitrarily promoted as Senior Clerks/Office Assistants and were placed above them. The workmen accordingly asserted that they were entitled for promotion to the post of Office Assistant with all benefits attached to that post with effect from the date on which their juniors were promoted. The petitioner Corporation denied that juniors were promoted ignoring the claim of the workmen concerned. It was asserted that all promotions had been made according to seniority. It was also submitted that in the absence of service rules it was decided that promotions would be made on the basis of seniority of the employees in each Division/Department in which they were working. In this connection, the petitioner Corporation relied upon a circular issued by the Managing Director of the Corporation on October 7, 1971. It was also contended that a combined gradation list of all the clerks of the petitioner Corporation was prepared and finalised. The seniority was counted from the date when the incumbents took over as Senior Clerks. In this list A.M. Aslam was shown at Serial No.15 and P.N. Sharma was show at Serial No.16 and both of them were given seniority with effect from January 8, 1974. The claim of the workmen was thus repudiated by the petitioner Corporation and it was asserted that the seniority of the workmen is to be determined and their promotions are to be made in accordance with the gradation list so prepared.
(3.) The Labour Court found that A.M. Aslam was appointed as Junior Clerk on July 22, 1968. P.N. Sharma was appointed as Junior Clerk by order, dated September 23, 1968 but there was no evidence to show as to when he took over as Junior Clerk, D.S. Rawat and others joined later as Junior Clerks and as such they are junior to A.M. Aslam. It was further held that the petitioner Corporation did not adduce any evidence to prove the circular, dated October 7, 1971. It was not shown as to how the combined seniority list was prepared nor any rule was cited in support on the criteria on the basis of which this list was prepared. A.M. Aslam had made representation against the provisional gradation list and no order was passed on his representation before finalising the gradation list. Therefore, it was held that the gradation list had not become final and it was wrong to deny promotions to the workmen on the basis of that list. It was also held that there was no basis for allotting the date of January 8, 1974 to A.M. Aslam for counting seniority. If he was not appointed as Senior Clerk earlier it was the fault of the Corporation and not that of Aslam. In this view of the matter the Labour Court held that A.M. Aslam is entitled to be considered from the date of his joining as Junior Clerk and if this date is taken into account, then he became senior to all the officials, D.S. Rawat and others. The Labour Court rejected the claim of P.N. Sharma and allowed the claim of A.M. Aslam and ordered that keeping the date of his joining as Junior Clerk as the guiding factor A.M. Aslam will be placed at a proper place as Senior Clerk/Office Assistant in the gradation list prepared by the petitioner Corporation. The Labour Court made an award accordingly.;