Jaishree Thakur, J. - (1.) THE present writ petition has been filed challenging award dated 19.10.1994 passed by the Labour Court allowing the reference of the respondent -workman.
(2.) BRIEFLY put, the respondent -workman was appointed as Lower Division Clerk on 10.7.1968 with Rajasthan State Road Transport Corporation. He was thereafter appointed to the post of Assistant Traffic Inspector on 12.6.1973 and subsequently confirmed on the said post w.e.f. 12.8.1974. A provisional seniority list of Assistant Traffic Inspector/Sub Inspectors was prepared by the petitioner and after inviting objections, the final seniority list was published on 12.7.1975. The name of the respondent was reflected at S. No. 97. A meeting of the Departmental Promotion Committee was convened for consideration of the candidatures of the eligible candidates for promotion to the post of Traffic Inspector/Assistant Depot Manager. On the recommendation of the Departmental Promotion Committee, 21 eligible persons were promoted and appointed on the post of Traffic Inspectors/Assistant Depot Managers on an ad hoc basis vide an order dated 3.8.1976. The respondent was also considered for promotion by the Departmental Promotion Committee but was not found fit and, therefore, his name was not recommended. All incumbents who were accorded promotion were subsequently confirmed on 26.9.1978. Seven more persons were also promoted to the post of Traffic Inspectors/Assistant Depot Managers on the same day and vide the same order.
(3.) ON 19.4.1979, the respondent was promoted as Traffic Inspector/Assistant Depot Manager and in the said order it was laid down that the seniority of the respondent will be fixed in order of seniority applicable to him in the list of Traffic Inspectors/Assistant Depot Managers promoted vide the order dated 26.9.1978. Thereafter, a provisional seniority list of Traffic Inspectors/Assistant Depot Managers was prepared on 11.1.1982 after inviting objections. The respondent made his representation on 23.1.1982 against the said seniority list. After due consideration of the objection, a final seniority list of Traffic Inspectors/Assistant Depot Managers was published on 27.8.1982 wherein the name of respondent No. 1 was shown at S. No. 115. The respondent raised an industrial dispute before the Conciliation Officer on 8.12.1987 claiming therein that he is entitled to be placed in between S. No. 72 and 73 in the seniority list of the Traffic Inspectors/Assistant Depot Managers. On failure of conciliation proceedings, a failure report was submitted and the appropriate government vide a Notification dated 31.7.1990 referred the dispute for adjudication to the Industrial Tribunal, Bikaner in the following terms: - "Whether in compliance of the order dated 19.4.1979, by not fixing the seniority of Mr. K.K. Nagpal on the post of Assistant Depot Manager in the seniority list between S. No. 72 and 73 by the General Manager, Rajasthan State Road Transport Corporation, Jaipur and by not giving all benefits to him, is legal or valid. If not, then what relief the workman is entitled to -;