BHARATKUMAR GULABCHAND GOPANI Vs. GENERAL MANAGER

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Industrial Court, Rajkot in Appeal (ICR) No.4/1995 dated 16.05.1997, whereby, the said appeal preferred by the petitioner came to be dismissed and the judgment and order passed by the Labour Court, Surendranagar in B.I.R. Application No.14/1993 dated 04.05.1994 was confirmed.

(2.) The facts in brief are that the petitioner joined the services of the respondent-Bank in the clerical cadre on 16.06.1981. It is the case of the petitioner that at the relevant time the respondent-Bank used to give promotion to its employees by taking the month of July as the base year. However, somewhere in the fourth quarter of the year 1993, the respondent-Bank changed the month of seniority ranking from July to April. As a consequence thereof, the petitioner was placed at Sr. No.12 instead of Sr. No.9 in the seniority list. Therefore, the petitioner addressed letter dated 13.12.1993 to the respondent-Bank asking to cancel the said change. However, the same was not accepted.

(3.) Being aggrieved by the said action of the respondent-Bank, the petitioner filed B.I.R. Application No.14/1993 before the Labour Court, Surendranagar. In the said proceedings, the representative Union of the Bank filed its appearance and prayed for allowing them to withdraw the original application filed by the petitioner, which was allowed vide order dated 04.05.1994.