AMARESHWAR SAHAY, J. - (1.) THE background of the case is that a reference was made to the Labour Court, Bokaro Steel City, to decide the following dispute : - - "Whether not to nominate Shri G.N. Jha Staff No. 312116, Senior (O and M) Assistant to DPC for promotion from the post of non -executive to the post of executive, inspite of possessing experience and education qualification, by the management is justified? If not, what relief he is entitled to -
(2.) THE Labour Court vide its award dated 6th July, 1994 held that the concerned workman Gunanand Jha (the present petitioner) had the requisite educational qualification and experience for promotion from non -executive to executive post in the year 1987/88 when Departmental Promotion Committee was held and, therefore, the action of the management in not considering him to be eligible for promotion to the executive post and not allowing him to appear before the Departmental Promotion Committee for interview, was improper and unjustified. Accordingly, the Labour Court directed to take out office order promoting Gunanand Jha (the present petitioner) to the post of junior executive (O and M) with effect from 13.3.1989 and to the post of junior manager (O and M) with effect from 13.3.1992 within three months from the date of award. The management of Steel Authority of India challenged the said award of the Labour Court by filing a writ application before this Court being CWJC No. 3216 of 1994 (R). The Court by order dated 15 -7.1996 contained in Annexure -8 to the present writ application disposed of the said writ application after some modification in the impugned order and with certain direction. This Court held the direction given by the Labour Court to promote the petitioner was not a proper order. In fact, he should have given direction to the management to consider the case of the respondent Gunanand Jha.
(3.) IN order to appreciate the points raised in this case by the parties, it is relevant to quota the finding and direction of this Court in the aforesaid writ application i.e. in CWJC No. 3216 of 1994 (R) which is as follows : - - "Having heard the counsel for the parties, this Courts feels that the last portion of the direction given by the respondent No. 2, the Presiding Officer to the petitioner to promote Shri G.N. Jha with effect from 13th of March, 1989 to Junior Executive Grade and with effect from 13th of March, 1992 to Junior Management Grade is not a proper order. In fact, he should have given a direction to the management petitioner to "consider the case of the respondent -G.N. Jha" for promotion to Junior Executive (O and M) with effect from 13th of March, 1989 and to the next higher post of Junior Manager (O and M) with effect from 13th of March, 1992, i.e. from the date his juniors were so promoted. Accordingly, this Court modifies the last operative portion of the impugned award (Annexure -17) to that extent. The petitioner will now consider the case of Shri G.N. Jha for promotion to the post of Junior Executive (O and M) with effect from 13th of March, 1989, by placing the case of said Shri G.N. Jha before the DPC and the Departmental Promotion Committee (DPC) will take into account the service record of the respondent No. 1, Shri G.N. Jha, service rules for such consideration with effect from 13th of March, 1989. The petitioner - management will thereafter come out with proper notification in terms with the decision of the Departmental Promotion Committee. The consequential benefits of promotion, as has been ordered to the post of Junior Manager with effect from 13th of March, 1992 is also to be considered thereafter, in accordance with law. All the aforesaid formalities are to be completed by the petitioner -management within a period of four months from the date of receipt/production of a copy of this order. The writ petition is disposed of with the aforementioned modification and direction." ;