INDRAPRASTHA POWER GENERATION COMPANY LTD Vs. PRATAP SINGH

JUDGEMENT

(1.) THE Petitioner, Indraprastha Power Generation Company Ltd. [,,IPGCL], challenges an Award dated 12th September 2001 passed by the Industrial Tribunal [,,Tribunal]. By the impugned Award the Tribunal held the non-promotion to the Respondent on the post of Operator to be illegal and directed him to be promoted to the said post with effect from 24th June 1985 in the proper pay scale.

(2.) WHILE directing notice to issue in the writ petition on 3rd September 2002, this Court stayed the operation of the impugned Award.

(3.) A DPC was convened to select candidates to fill up ten vacancies in the post of Operator: three vacancies were earmarked for Electrical and seven for Mechanical. Further, there were twenty posts including back log- five posts for scheduled castes [,,SC] and five for scheduled tribes [,,ST]-which were required to be filled up. A note prepared by the DVB, a copy of which was marked as Ex. MW1/2 in the Tribunal gives the detail of what transpired at the DPC. This note states that interviews were held by the DPC on 4th and 5th June 1984. The list of AOs (E/M) working on regular and ad hoc basis to be interviewed were placed before the DPC but the DPC recommended a panel of 25 persons; 20 general candidates and 5 SC candidates from the list of both regular and ad hoc AOs "in order of marks obtained by the individual ignoring the fact that whether they are working on regular or ad hoc basis." The validity of the panel was fixed as one and a half years. The Respondent, who belonged to the SC category, was placed at serial No. 22 in the panel. Against his name he was shown as ad hoc and as belonging to the Mechanical stream with a pending vigilance case.