BHAVNAGAR MUNICIPAL CORPORATION Vs. SADABHAI BHIMABHAI

JUDGEMENT

(1.) THE petitioner, Bhavnagar Municipal Corporation, being aggrieved by the award dated 28.04.99 passed by Industrial Tribunal, Bhavnagar in Reference [IT] No. 23 of 1991 is before this Court with a submission that the learned Tribunal could not issue order of promotion in favour of the respondent with retrospective effect.

(2.) SHORT facts necessary for disposal of the present writ application are that the respondent, Sadabhai Bhimabhai, was working with the petitioner Corporation in the cadre of Cleaner in the grade of Rs.210/ -. The respondent thereafter passed the examination of Wireman, and the Corporation took work for a period of two months from the present respondent. Being aggrieved by non -promotion, the respondent approached the Industrial Tribunal and the Industrial Tribunal, after considering the entire material and also after taking into consideration that certain juniors to the petitioner who were also in the cadre of Cleaner have been promoted to the post of Mechanics, allowed the respondent's Reference with a direction to the petitioner employer to promote the present respondent as Wireman with effect from 27.03.84 ̢  the date on which juniors to the petitioner were promoted.

(3.) SHRI Munshaw, learned counsel for the petitioner Corporation submits that promotion of the juniors would not give cause of action in favour of the present respondent workman to make a Reference, and it would always be for an employer to promote or not a particular employee after considering his merits and demerits.