Prashant Kumar, J. - (1.) IN this writ application, petitioners prayed for quashing of Annexure -9 whereby respondent no. 1 rejected representations of the petitioners by giving reason that National Certificate in supervision issued by National Productivity Council could not be taken into consideration for giving weightage for career growth, because it cannot be equated with the laid down norms formulated in the cadre scheme for promotion of Non -Executive employee of the E & M Discipline of the Company. Petitioners farther prayed for issuance of a direction commanding the respondents to recognize National Certificate in supervision issued by National Productivity Council and give weightage to the petitioners in the matter of promotion Petitioner no. 1 is registered Trade Union, whereas petitioner no. 2 and the workmen named in Annexure -1 are members of petitioner no. 1. It is stated that petitioner no. 2 and workmen named in Annexure -1, are matriculate and ITI Certificate holder from recognize Institute and working continuously in the coal washery of respondent company. It is stated that while the petitioner no. 2 and other workmen were working under the respondents they completed National Certificate in Supervision Course conducted by National Productivity Council and obtained aforesaid Certificate. It is stated that said Certificate is recognized by Government of India as well as erstwhile National Coal Development Corporation. It stated that as petitioner no. 2 and other workmen obtained National Certificate in Supervision, they requested respondents to recognize said certificate and give them weightage in the matter of promotion from Non -Executive Cadre to Supervisory Cadre It is further stated that when respondents did not give any heed to the aforesaid request, petitioner no. 2 filed a writ petition bearing C.W.J.C. No. 2370/1994(R), which was disposed of by Annexure -6 and petitioners were given liberty to file fresh representation before respondent no. 1 and respondent no. 1 was directed to dispose of the said representation within two months. It appears that petitioners filed their representation (Annexure -7 and 8) before respondent no. 1. Aforesaid representations disposed of by order dated 13.11.1995 (Annexure -9). It appears that respondent no. 1 rejected the representations on the following grounds: In accordance with the said rules of the company in vogue inter alia for the career growth of the non -executive employees in E&M discipline, an employee should possess either ITI Certificate or 3 -year Diploma in Electrical or Mechanical Engineering for being considered for promotion to higher rank/grade. The Certificate as obtained by the petitioner from the National Productivity Council is one year Correspondence Program and cannot be equated with the laid down norms formulated for the Cadre Scheme. The position being so, the certificate as referred to above, cannot be taken into consideration for giving weightage for career growth to the said discipline. Hence, the representation dated 31.8.1995 of the petitioner does not have any merit for giving weightage, as prayed for.
(2.) PETITIONERS challenged the aforesaid order of respondent no. 1 in this writ application. Mr. Mahesh Tiwari, learned counsel appearing for the petitioners submits that National Certificate in Supervision issued by National Productivity Council is recognized by Government India. It is submitted that as per cadre scheme, any qualification recognized by Central Government or State Government or qualification/test prescribed and conducted by the company will be considered for appointment and/or promotion. It Is submitted that since petitioners obtained National Certificate in Supervision, therefore, they are entitle to get due weightage in the matter of promotion. It is submitted that respondents arbitrarily not recognizing said certificate by saying that the same is not equal to the norms mentioned in the cadre scheme. Accordingly, it is submitted that impugned order is liable to be quashed and a direction be issued commanding the respondents to recognize said certificate and give weightage to the petitioners in the matter of promotion.
(3.) ON the other hand, Mr. A.K. Mehta, learned counsel appearing for the respondents submits that supervisory grade starts from the post of Assistant Foreman grade 'C'. He submits that on the said post 3 -years Diploma holder in Electrical/Mechanical Engineering can be appointed or a Mechanical Fitter category VI, who passed selection test and has six years' experience can be promoted. It is submitted that though National Certificate in Supervision is recognized by Government of India but the same has not been recognized as equivalent to 3 -years Diploma in Electrical and Mechanical Engineering. He submits that aforesaid facts had been clarified by National Productivity Council vide Annexure -10. Accordingly, he submits that respondent no. 1 rightly rejected the representations of petitioners by saying that National Certification in Supervision issued by National Productivity Council cannot be equated with the norms prescribed for promotion in the cadre scheme. It is submitted that if the cadre scheme framed under the Coal Wage Agreement, does not prescribe that any weightage be given to an incumbent who obtained National Certificate in Supervision, then petitioners have no right to claim such weightage.;