MANAGEMENT OF INDIAN OIL CORPORATION LTD Vs. WORKMEN DEEP NARAIN PRASAD

JUDGEMENT

(1.) In this writ application the Management of M/s. Indian Oil Corporation, Barauni Oil Refinery has challenged the validity of the award dated 31-3-1981 passed by the Labour Court, whereby the Management has been directed to upgrade the post held by respondent No. 1 at the Factory Site Dispensary to that of Head Compounder (Grade B) and placed him to that Grade with effect from 1-5-1978.

(2.) The 1st respondent, Deep Narain Prasad, was appointed as a Compounder in the Medical department in February 1962. He was promoted as Compounder-cum-Stores Incharge in January 1968 in the pay scale of Rs. 170-292 plus other benefits. Earlier to him, one Sri B. P. Pramanik had been initially appointed in September 1960 and promoted to the post of Compounder-cum-Dispensary Incharge with effect from January 1968. The two posts, namely, Compounder-curn-Dispensary Incharge and Compounder-cum-Stores Incharge are of the same cadre having the same scale of pay and the post is interchangeable. Sri B. P. Pramanik was posted at Hathida Dispensary of the Management to discharge his duties as Compounder-cum-Dispensary Incharge, whereas the 1st respondent was posted as Compounder-cum-Stores Incharge in the Factory Site Dispensary of the Management Later, on the recommendation of the Committee, one post of Head Compounder and six posts of Compounder Incharge were created. They were filled up on the recommendation of the duly constituted Departmental Promotion Committee,

(3.) Then the post of the Head Compounder was created, at that time, there were two Compounders Incharge in the medical department of the Corporation, namely, Sri B. P. Pramanik and Sri Deep Narain Prasad (respondent No. 1). Their cases were considered by the Departmental Promotion Committee and Sri B. P. Pramanik, who was senior amongst the two, having better service record, was recommended by the Committee for promotion as Head Compounder with immediate effect.