TAPEN SEN, J. - (1.) HEARD Mr. K.K. Jha Kamal, learned counsel for the petitioner and Mr. S.N. Das, learned counsel representing respondent No. 1.
(2.) THE Writ Petition is directed against the award dated 29.4.1994 passed by the Presiding Officer, Labour Court, Bokaro Steel City (hereinafter referred to for the sake of brevity as the said Labour Court) in Reference Case No. 25/1998 whereby and whereunder the said Labour Court was pleased to direct the petitioner/Management to make respondent No. 1 (Baldeo Singh) senior to one J.P. Singh and pay the former the difference of wages and other consequential benefits within three months from the date of pronouneernent of the award. Mr. K.K. Jha Kamal, learned counsel for the petitioner has at the very outset submitted that the award of the learned Labour Court is not only perverse but it is also totally unreasonable and is bereft of sound, legal principles. In order to illustrate his submission, Mr. K.K. Jha Kamal has very briefly but succinctly given a very short narration of the sequence of events which ultimately culminated in the passing the award. According to him and as would appear from paragraph 2 of the impugned award, the admitted case of the parties before the learned Labour Court was that Baldeo Singh (respondent No. 1) joined in Bokaro Steel Plant in the Construction Department as a fitter on 8.4.1974. From the same paragraph, it also appears that J.P. Singh joined in the same capacity on 11.10.1973. The contention of Mr. K.K. Jha Kamal therefore is that the very starting point/entry of Baldeo Singh and J.P. Singh being 8.4.1974 and 11.10.1973 is itself a pointer to substantiate his submission to the effect that in fact J.P. Singh ranked senior to Baldeo Singh. That apart, from the same paragraph of the impugned award it is also apparent that Baldeo Singh (respondent No. 1) was appointed subsequently in the Operation Department as Operator -cum -Fitter Grade -Ill by office order dated 18.2.1977 and he was accordingly relieved with effect from 10.3.1977 whereafter he joined on 11.3.1977. On the other hand, J.P. Singh was appointed on a similar capacity and in the same Hot Strip Mill earlier than Baldeo Singh, namely, by office order dated 6/8.10.1976 and he was released for joining the Operation Department by order dated 31.12.1976.
(3.) MR . K.K. Jha Kamals contention therefore once again is that the undisputed and admitted case of the parties as has been recorded by the learned Labour Court in the manner indicated above establishes that J.P. Singh was definitely senior to Baldeo Singh (respondent No. 1).;