GUJARAT ELECTRICITY BOARD Vs. S A GHADIYALI

JUDGEMENT

(1.) In the present group of petitions, a common award of the Industrial Tribunal dated 28th July 1987 is challenged by the Gujarat Electricity Board.

(2.) The facts leading to the present petitions, briefly stated, are that each of the workmen in respective petitions was employed by the petitioner, Gujarat Electricity Board (hereinafter referred to as "the Board") working in the clerical cadre. Respondent in Special Civil Application No.1950 of 1988 had filed reference (IT) No.790/83 challenging the order dated 19.7.75 absorbing him as Senior Clerk and had also prayed for continuation of the benefits of the higher grade. Respondent in Special Civil Application No.1951/88 had filed reference (IT) No.790/81. She had requested for cancellation of the order dated 7.11.75 by which the benefit of the higher grade granted to her was withdrawn. Respondent in Special Civil Application No.1952 of 1988 had filed reference (IT) No.346/83 and had requested for cancellation of the order dated 19.7.75 absorbing her as Senior Assistant and also for continuation of the benefits of the higher grade.

(3.) It is not in dispute that the respective respondents was granted the benefits of higher grade pursuant to G.S.O. 247 dated 22.10.73. The petitioner Board had issued the said standing order dated 22.10.73 in which it was, inter alia, provided that an employee who has completed nine years of service in the same cadre/post in a particular pay-scale and who has not got promotion for no fault of his own on 1.8.72 for want of clear vacancy or those who complete nine years service in the same cadre or post in the same scale after 1.8.72 shall be entitled to the promotional scale of the next higher post from 1.8.72 or from the date following the date on which he completes nine years service in the same cadre or post as the case may be. The said higher scale on stagnation in the same pay-scale for a period upward of nine years was to be granted subject to certain conditions specified in the said G.S.O. One of the conditions was that the employee should otherwise be fit for promotion on the basis of his overall performance. It is also provided that he should have passed necessary examinations/speed test, as the case may be, prescribed by the Board for the purpose of securing promotion. One important condition was that an employee who receives benefits of this rule will have to give an undertaking in writing that he shall on his absorption against a regular post, join the post at the place of his posting. If the employee refuses to do so, he shall forfeit the benefit of the rule and he shall stand reverted in the original lower grade and he shall draw the pay which he would have drawn had he not been given the benefit of the rule. Condition (vii) of the G.S.O.247 reads as under: