D.G.R.PATNAIK, J. - (1.) In this writ application the petitioner has prayed for quashing the award dated 24.8.2004 (Annexure 4) passed by the Central Government Industrial Tribunal No. 2 Dhanbad, in Reference case no. 145 of 1999, whereby the Tribunal has answered the reference in favour of the respondent Union directing the petitioner Management to consider the case of promotion of the workmen for Excavation Grade A.
(2.) THE facts of the case in brief are as under: A dispute raised by the respondent Mines Mazdoor Union in respect of two workmen over non grant of promotion to them in Grade A was referred to the Tribunal for adjudication by the following terms of reference: Whether the action of the Management of Kusunda Area of M/s Bharat Coking Coal Limited creates discrimination in not promoting Md Abbas, Prem Singh, Auto electrician of Dhansar/KOCP in Gr B to Excavation Gr. A although they have promoted 11 persons in 1991 from Gr. B to Gr A. If so, whether Md Abbas and Prem Singh are eligible for promotion to grade A? Earlier in 1991, an industrial dispute was raised by the sponsoring Union in respect of one Madusudan Tiwary and ten others who were employed as Welders in the Excavation Section demanding promotion from Grade B to Grade A. The grounds advanced was that whereas their counterparts in the E&M; discipline in category VI were eligible to get promotion as Assistant Foreman/Foreman in Grade A, such promotion was denied to these workmen on the ground that there was no promotional avenue beyond Gr. B to the workmen employed in the Excavation section.
(3.) A Joint Committee comprising representatives of the management and the Union, was constituted for resolving the dispute. The Committee had observed that there was no promotional channel for Welders in the Excavation Section beyond Gr. B and as a consequence thereof, such workmen were stagnating in the same scale whereas the Welders in the E&M; Discipline in category VI had the privilege of promotion from Gr. B to Grade A. The Joint Committee, by its resolution, had recommended that the 11 EP Welders whose dispute was sponsored by the Union, be given promotion to the post of Foremen Technical and Supervisory Gr B (notionally w.e.f. 1.8.1990) and the notional pay fixation in the scale of Technical and Supervisory Grade B from the said date to be given to them. However, the financial benefits were to accrue to them w.e.f. 1.7.1991. The recommendation of the joint Committee was approved by the Director (P) of the Management and the same was implemented in favour of the concerned workmen. On the same principle, one Sri Vijay Bahadur Singh, Turner employed in Dhansar colliery was also granted promotion in Excavation Gr. B to Foreman in Technical and Supervisory Gr. A with effect from the same date as applicable to the Welders in pursuance of the settlement arrived at before the ALC (Central) Dhanbad.;