Govind Mathur, J. - (1.) To assail validity, correctness and propriety of the award dated 13.8.1998 passed by the Industrial Disputes Tribunal cum Labour Court, Jodhpur in Industrial Dispute No.33/92 this petition for writ is preferred. The appropriate government by a notification dated 28.10.1991 referred an industrial dispute for its adjudication to the labour court in following terms: ...[VERNACULAR TEXT OMITTED]...
(2.) As per the statement of claim submitted on behalf of the workmen they were appointed as Mate in work-charged cadre of the respondent department and were declared permanent as per provisions applicable. Under the relevant standing orders viz. The Standing Orders for Workmen Engaged on Work-charged Establishments in the Rajasthan Canal Project they were having an avenue for promotion to the post of Supervisor Gr.I and Store Munshi but the respondents superseded them while making promotions on the post aforesaid by their juniors viz. Padam Singh, Naina Ram, Hari Singh, Kan Singh, Rajesh Kumar and number of other persons. According to the petitioners the first person junior to them was promoted on 24.8.1985, and therefore, they are also entitled to be considered and promoted on the promotional post from the date aforesaid.
(3.) In written stand of the employer was that up to the year 1990-91 seniority lists of the work-charged employees were maintained at division level and as such promotions were given by considering seniority of the workmen employed within the specific division. In Division No.28, where the petitioners were working, no person junior to them was promoted. The respondent-employer admitted the position that the persons named by the petitioners were employed subsequent to the petitioners but their seniority was reckoned in their own division and not with the petitioners, who were employed in Division - 28. The petitioners contested their case before the labour court with the stand that as per Clause 50 of the Standing Orders the seniority of all semi permanent and permanent work-charged employees is required to be maintained at department level and the same is required to be published every year in the month of January, as such, the promotion should have been made by taking into consideration seniority of all work-charged employees working in department and not at division basis.;