SUPERINTENDING ENGINEER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ petition is filed by the Management challenging the award of the Labour Court dated 31.10.2012 made in I.D.No.36 of 2010.

(2.) The Labour Court passed the impugned award holding that the claim of the petitioner-Union therein viz., the second respondent herein that one Ramamoorthy is entitled to get promotion with effect from 03.11.2004, is justified. In other words, the Labour court awarded the promotional benefit to the said Ramamoorthy, who is the member of the second respondent-Union herein, with effect from 03.11.2004.

(3.) The learned counsel for the petitioner-Management submitted that during the relevant point of time, the said Ramamoorthy was undergoing a minor punishment of stoppage of three annual increments with cumulative effect and therefore, he was not considered for promotion between 01.10.2003 to 30.09.2006. He further submitted that once the period of such punishment is completed, the said Ramamoorthy was considered for promotion and accordingly, given the said benefit on 15.10.2007. In support of the contention that the employee is not entitled to get promotion during the currency period of punishment, whether it is minor or major, the learned counsel relied on a Full Bench decision of this Court in the case of Deputy Inspector General of Police, Thanjavur and another Vs. V.Rani , reported in 2011 (3) CTC 129.