- (1.) The instant writ petition has been filed praying for the issuance of a writ of mandamus for directing the respondent- Authorities to promote the petitioner as Project Foreman Special w.e.f. 1.11.1991 i.e. a date when his junior Bishan Dass was so promoted along with all consequential benefits.
(2.) Brief facts emanating from the pleadings on record and which would require notice are that the petitioner was initially appointed as Gauge Reader at Thein Dam (re-named as Ranjit Sagar Dam Project), Irrigation Department, State of Punjab on 6.8.1974 on work charged basis. He was promoted to the post of Work Mistry w.e.f. 1.11.1978. Services of the petitioner were terminated on 1.1.1980. Such action of termination was impugned by the petitioner and the matter finally culminated in the passing of order dated 24.3.1988 by the Hon'ble Supreme Court of India in Civil Appeal No.519 of 1988, in terms of which, he was directed to be re-instated in service with continuity but his back-wages were restricted to 25%. Accordingly, the petitioner was permitted to join back his duty on 19.12.1988. Thereafter, he was placed under suspension on 28.8.1991 and after a period of almost three years, the suspension order was revoked and he was re-instated on 20.10.1994 with all consequential benefits of service. It has been pleaded that in the interregnum, persons junior to the petitioner had been promoted to the post of Assistant Foreman Special, Foreman Special and Project Foreman Special. Accordingly, upon having been re-instated in service on 20.10.1994, the petitioner submitted representations to the employer to be promoted to the higher post(s) with effect from the date his juniors had been so promoted. Having evoked no response, the petitioner through the Union served a demand notice upon respondents No.2 and 3 under Section 2-K of the Industrial Disputes Act, 1947. Conciliation proceedings having failed, the Labour Commissioner, Punjab referred the dispute to the Industrial Tribunal, Punjab, Chandigarh.
(3.) An award dated 4.11.1999 was passed by the Presiding Officer, Industrial Tribunal, Chandigarh in reference No.24 of 1998 in favour of the petitioner and he was found entitled to be promoted as Assistant Foreman Special w.e.f. 1.5.1989 i.e. the date his junior had been promoted and he was further held entitled to be considered for promotion for the next higher post(s) or grade(s) according to such seniority as Assistant Foreman Special. The operative part of the award dated 4.11.1999 reads as under: "The dispute under reference is, therefore, decided in accordance with the aforesaid finding that the workman concerned Natha Singh is entitled to the anti-dating of his promotion as Assistant Foreman Special with effect from 1st May 1989 with the benefit of seniority but the arrears of wages on fixation of pay in higher posts shall be payable only with effect from 1st January, 1993 and his further promotion to the next higher grade/category/scale shall be considered according to his seniority as Assistant Foreman Special with effect from 1st May, 1989 and matter of promotion to the next higher grade will also be considered likewise. The management of RSD shall take necessary steps to give effect to the aforesaid directions and to pass formal orders within a period of three months from the date of publication of award.";