- (1.) This is petition under Art. 227 of the Constitution against an Award passed by Shri R. D. Tulpuie, Industrial Tribunal, Bombay, rejecting the demands of the petitioner.
(2.) The petitioner is an Union; registered under the Trade Unions Act of the employees of the respondent No. 1. The petitioner raised dispute regarding the promotion and seniority of six . workmen mentioned in paragraph 2 of the petition. These six workmen were initially appointed as Junior Grade Clerks prior to 1950. In 1950, the respondent No. 1 created some posts of Licence Inspectors and applications were invited from the employees of the Corporation who had put (To set aside order passed by Industrial Tribunal at Bombay, in Ref (IT) No. 209 of 1968, D'/- 8-12-1970). in 5 years of service. Some employees including six employees mentioned above applied for that post. Six employees were appointed as Licence Inspectors. Junior grade clerks of the respondent No.. 1 are promoted as Senior grade clerks after they pass a qualifying examination and they are also entitled for further promotions. It may also be mentioned that there was no scope for further promotions for the Licence Inspectors. There were disputes between the Corporation and its employees rgarding pay-scales and in 1962 there was a settlement by which the scales of the Licence Inspectors and Senior grade clerks were refixed as under: Licence Inspectors: 125-5-160-6-190. Senior Grade Clerks: 125-2-130-6-166-8-190. Soon thereafter the Licence Inspectors made an agitation regarding their chances of promotion. The Standing Committee of respondent No. 1 thereafter passed a resolution equating the scales of pay of Licence Inspectors and Senior Grade Clerks and it is the case of the petitioner that the incumbents of those posts were liable to be transferred from one Department to the other. In pursuance of this resolution, the Licence Inspectors were transferred as Senior grade clerks and Senior Grade clerks were also transferred as Licence Inspectors. It is the case of the petitioner that the Licence Inspectors were posted at the bottom of the list of Senior grade clerks as they were treated to have been promoted as on 1st February 1966.
(3.) A dispute arose between the parties and a reference was made by the State Government regarding three demands, viz. (1) the date of the seniority of these inspectors should not be from 1st February 1966; (2) that the seniority should be considered from the date of their appointment as junior grade clerk and the six employees working as Licencce Inspectors should be placed accordingly; and (3) so far as minimum remuneration is concerned, they should be paid the same pay as the junior grade clerks who were appointed after them and who have been promoted and getting higher pay-scale. The petitioner and the respondent No. 1 filed their statements before the Tribunal and the Tribunal, after considering all this material, came to the conclusion that the demands are not well founded and, therefore, rejected the reference. It is against this Award that this petition has been filed.;