WORKMEN OF KARNATAKA SOAPS AND DETERGENTS LIMITED Vs. STATE OF KARNATAKA AND THE KARNATAKA SOAPS AND DETERGENTS LIMITED

JUDGEMENT

(1.) THIS writ petition is by the employees union -Workmen of Karnataka Soaps and Detergents Limited represented by its General Secretary directed against the action of the 2nd respondent -Management framing the Cadre, Recruitment and Promotion Rules for the purpose of filling up of non -officers category. Petitioner Association sees red in the newly framed Cadre, Recruitment and Promotion Rules, prescribing higher qualification for promotion even to the existing workmen and have the apprehension that if such qualification as prescribed for induction of persons, who were semi skilled workmen in Wage Group 2 and the prescription of a degree and diploma in the respective discipline will entail a workmen or a person for being eligible to wage group 3 skilled category in the technical department and a degree or diploma with senior shorthand and knowledge of computer operation will make a person eligible for the post of Junior Assistants and Junior Engineers for wage group 3 as prescribed in paragraph 7.3 of the Cadre, Recruitment and Promotion Rules.

(2.) WHILE this is the qualification, which is insisted upon for appointment to the post directly the association nevertheless is apprehending that if workers are to be promoted from wage group 2 to 3 and likewise from wage group 3 to 4, insistence of such higher qualification will virtually deprive them of the promotional opportunity as existing workmen will not be in a position to acquire such additional skills at this stage of their career. Many of them may not have completed even SSLC at the time of joining service and prescription of higher or additional qualification mid way is virtually a hurdle for their promotional opportunities.

(3.) APART from framing of the Rules the issue of the notification as per Annexure -E dated 16.10.2012 inviting applications from eligible persons for filling up various back -log vacancies that existed in the organization and also the back -log vacancies of posts in respect of reserved category have not been filled up for years and therefore, putting some pressure on the management, applications had been called for and in this notification, the requisite qualification as prescribed now in the newly formed Cadre, Recruitment and Promotion Rules having been indicated which has put the petitioners on alert and the apprehension as noticed earlier.