M.Y.EQBAL, J. - (1.) HEARD Mr. A.K. Sen, learned counsel appearing for the petitioner. No one appears on behalf of respondent No. 2 the concerned workmen in spite of services of notices served upon him. Ram Narayan Sharma Versus State Of Jharkhand
(2.) THE petitioner who is the management of Chasnalla Colliery of M/s Indian Iron and Steel Company Ltd. has challenged the award passed by the Central Government Industrial Tribunal Dhanbad reference case No. 294/86 whereby answering the reference in favour of the workmen he has held that the concerned workman is entitled to promotion to the post of Senior Overman w.e.f. 1985 and further declared the concerned workmen passed in the test conducted by Departmental Promotion Committee in the year 1984. It appears that the appropriate Government in exercise of power under Section 10(1)(b) of the Industrial Dispute Act. 1947 referred the following dispute for adjudication. "Whether the demand of Bihar Colliery Kamgar Union that the management of the Chasnalla Colliery of M/s Indian Iron and Steel Company Limited should give promotion to Sri B.D. Singh, Overman as Senior Overman from the date on which he was superseded by the promotion of other workmen junior to him is justified."
(3.) THE case of the workman Sri B.D. Singh is that he was appointed as permanent Overman in the year 1964 and despite his satisfactory performance he was not given promotion to the post of Senior Overman. On the contrary several other Overman junior to him were given promotion as Senior Overman.;