KAMALUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals by special leave are directed against the judgment of Rajasthan High Court dated August 25, 1984 in Special Appeals Nos. 288/80, 96/81 and 300/80 whereby the Division Bench of the High Court has affirmed the order of learned single judge dated April 20, 1980 allowing Writ Petitions (Civil) Nos. 1888/73, 253/74 and 1047/74 and setting aside the award of the Judge, Labour Court Rajasthan dated February 24, 1972.

(2.) The facts, briefly stated, are as follows:

(3.) The appellant was appointed as a Canner in the Public Works Department of the Government of Rajasthan with effect from February 13, 1953. In the said department there are two posts of Supervisors ( one is Supervisor, Workshop, Furniture Store and the other is Supervisor Workshop, Mechanical Sub-Division. One Bhairon Bux, who was working as Supervisor, Workshop, furniture Store, retired on July 1, 1967 and on his retirement Tarachand, L.D.C., was promoted as officiating Supervisor with effect from May 29, 1968, on ad hoc basis for a period of three months. Tarachand was working as Store Keeper in the Furniture Store. The appellant represented against the appointment of Tarachand on the ground that he was not a technical person and could not be appointed as Supervisor and that the appellant was the senior most person eligible for promotion to the post of Supervisor. Since the appellant was not able to get his grievance redressed an industrial dispute was raised by the Rashtriya P.W.D. Mazdoor Union on behalf of the appellant and by order dated March 12, 1969 the Government of Rajasthan referred for adjudication to the Labour Court, Rajasthan, Jaipur the following dispute.