ASHOK HOTEL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India. The petitioner has challenged the award dated 07.12.1996 rendered by the Presiding Officer, Industrial Tribunal No.II. The brief facts of this case are that the workman (respondent no.3) had joined the Ashok Hotel in the year 1960 and worked with the petitioner till the date of retirement. The respondent had raised a dispute. On 06.04.1985 the dispute was referred for adjudication to the Tribunal with the following terms of reference:-

(2.) According to respondent no.3, he was working as S.G. Assistant (Grade-III) with the petitioner hotel and on 23.07.1979 the management invited application from employees of the hotel for Supervisory training. Respondent no.3 appeared in the written examination along with other candidates and having cleared the written examination he was called for an interview. After being interviewed by the Interview Board, the name of respondent no.3 appeared in the final list of selected candidates, however, he was not sent for training. Although three other candidates, namely, Sh. R.K. Bahuguna, Sh. Madhukar Gupta and Sh. Gurdeep Singh who were junior to him were given the necessary training and thereafter placed in the scale of Rs.450-900 with three advance increments. Respondent no.3 has, thus, prayed for an award holding that he is entitled to promotional benefits as given to other three employees w.e.f. 31.3.1982. The petitioner herein had rejected the claim of respondent no.3 and based on the written statement filed by the petitioner, the following issues were framed:-

(3.) Respondent no.3 had examined himself as well as Sh. R.K. Bahuguna in support of his case. The management had examined its Deputy Manager, Sh. P.K. Ghai as its sole witness. Both the issues were decided in favour of respondent no.3 resulting in filing of the present writ petition.