P P VARGHESE SHIFT PRODUCTION SUPERVISOR Vs. HINDUSTAN INSECTICIDES LTD REPRESENTED BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioners are stated to be presently working as Shift Production Supervisors (hereinafter referred to as "the Supervisors" for short) in the services of the first respondent Hindustan Insecticides Ltd.

(2.) The petitioners have filed this writ petition alleging that even though they were entitled to be promoted as Supervisors in the years 2001 and 2002, they were denied such promotion but posted only as Leadsman. They say that this denial of promotion as Supervisors was in violation of Exhibit R4(e) settlement, entered into by the management with the trade unions under the provisions of the Industrial Disputes Act. They, therefore, pray that the respondents be directed to promote them as supervisors with effect from the various dates in 2001 and 2002, when they were actually promoted as Leadsman and further that since even as Leadsman they were made to do the work assigned to the Supervisors, the respondents be directed to pay to them the 'charge allowance' for such service. The petitioners have, in addition, prayed for a declaration that Exhibits P3 and P4, which are executive orders issued by the first respondent Company, cannot supercede Exhibit R4(e) settlement entered into by them with the various trade unions under the Industrial Disputes Act.

(3.) The declarative prayer has been made on the assertion that Ext.R4(e) is the settlement entered into under the provisions of the ID Act wherein the benefit of promotions have been specifically reserved in favour of persons like the petitioners. They alleged that in spite of the settlement, they were denied promotion as Supervisors in the years 2001 and 2002 but were promoted only as Leadsmen and that too on supernumerary posts, but reserved against the vacancies for Supervisors.