S.J.MUKHOPADHAYA, J. - (1.) THE petitioner, a workman, has challenged the Award dated 26th July, 1999 passed by the learned Presiding Officer, Labour Court in Reference case No. 13/94.
(2.) THERE appears to be industrial dispute raised between the Management of M/s. Bharat Refractories Ltd., Bhandardih and their workman Bhola Prasad Sahu, petitioner. The competent Government, vide Notification No. 4/02 -1304/93 -L&E -331, dated 10th February, 1994 made the following reference : - - "Whether not to promote Shri Bhola Prasad Sahu, Lathe Operator in Chargeman Grade III ? If not what relief he is entitled to - The learned Presiding Officer, vide impugned Award dated 26th July, 1999 while discussed the case and took into consideration the evidence held that the case, in question, is not of promotion, but of appointment by selection process through internal circular so the industrial dispute was not fit to be adjudicated and not sustainable.
(3.) THE counsel for the petitioner rightly pointed out that the finding to that effect given by the learned Presiding Officer is erroneous and wrong.;