- (1.) IN this appeal under Clause 15 of the Letters Patent appellant is the Writ petitioner and the order impugned is one elated February 2, 98 passed by a learned single judge of this Court in CO. No. 11 HO (W) of 1 982. By consent of parties while hearing the application Costay filed in the appeal we have heard out the appeal as well by dispensing with tether formalities since all the necessary parties are now appearing before us.
(2.) ON July 14, 1981 the respondent Indian Oil Corporation ltd. notified to the Oficer-in-cbarge, Project Employment Exchange nine vacancies "or the pasts of Technician Grade IV in the- trade of Rigger, and. Welder. This notification made it clear that the requisite qualification for eligibility for the post shall, be that' 'the candidate must be iterate preferable up to Class VII with minimum experience of three years in the line' and should have' knowledge with regard to certain specified trade. The obvious object of notifying the vacancies 1 to enable the Employment Exchange to sponsor appropriate candidates borne on their panel for consideration for such appointment. There, is no dispute that the employment exchange sponsored a number of candidates possessing the requisite qualification and experience including the Writ petitioner.
(3.) IT is further not in dispute that the management of Indian oil. Corporation Ltd. entered into a negotiation with the Employees' Union which ended in a tripartite agreement on November 11, 1981. tender this agreement, the departmental employees possessing the requisite qualification would, be entitled to offer themselves or appointment to such posts of Technicians Grade iv. It is necessary that we should quote the relevant clause in the agreement which reads as to lows:- "section of Riggers - Since ITI Trade Certificates is not available for Rigger Trade and. there might be Shramiks with requisite experience in the Refinery, it is agreed by and between the parties that the posts of Rigger in technicians Grade IV will be filled up by the selection from amongst shramiks provided they are found suitable in the tests and possess requisite experience certificates. In case no suitable candidates wit his the Refinery is available the management will have the right to select candidates from outside. ";