N.D.M.C. Vs. AFTAB SINGH

JUDGEMENT

(1.) THIS writ petition impugns the decision of the Labour Court dated 1.7.2006, whereby the Petitioner was directed to promote the Respondent Aftab Singh, to the post of, "Technical Supervisor" from the date on which Anr. employee, Ms. Rajni Gaur, was also promoted to that post, on similar terms, along with all consequential benefits.

(2.) ADMITTEDLY , the Respondent, who joined the services of the Petitioner on 16.6.1973 as a Lab Assistant, was recruited before Ms. Rajni Gaur, who had also joined as a Lab Assistant later. To begin with, Ms. Rajni Gaur was promoted as Senior Lab Technician in preference to the Respondent with effect from 7.5.1978. Consequently, the Respondent raised an Industrial Dispute bearing No. 109/91, seeking promotion to the post of Senior Lab Technician from the same date, on the ground that he was senior to Ms. Gaur. This was allowed by the Labour Court, and the Petitioner promoted the Respondent as well to the post of Senior Lab Technician, from 7.5.1978, with all consequential benefits.

(3.) THE Petitioner has no grievance as regards the Respondent's stand that he was recruited before Ms. Rajni Gaur as a Lab Assistant and that, to that extent, he was senior to Ms. Rajni Gaur. It also does not have any grievance with regard to the promotion of the Respondent to the post of Senior Lab Technician w.e.f. 7.5.1978, in terms of, and in compliance with the directions of the Labour Court in the earlier Industrial Dispute No. 109/1991.