M HANDRASEKARAN Vs. MANAGING DIRECTOR AND MANAGER, DEPUTY GENERAL MANAGER, TAMIL NADU CEMENTS CORPORATION LIMITED

JUDGEMENT

(1.) The Petitioner was appointed as a temporary Draughtsman in Alangulam Cement Factory that belongs to the Tamil Nadu Cement Corporation Limited (in short TANCEM) on 27.12.1980. Further, he was designated as Trainee Draughtsman on 01.07.1982 and thereafter, he was appointed as Draughtsman (VI grade) permanently on 01.07.1983 and as Draughtsman (VII grade) on 01.07.1988. Finally he was redesignated as Foreman on 28.04.1989.

(2.) According to the Petitioner, the TANCEM formulated a one time settlement policy, dated 29.01.1987 and as per the policy, the Diploma holders working in TANCEM, who have gained minimum 6 years experience irrespective of the designation, which they were holding were promoted as Senior Foreman. The said policy was implemented up to 01.10.1988. Though the Petitioner joined the services in the year 1980, he was not given the afore-said benefit under the said policy on the ground that his service could be counted only from the year 1983, wherein he was made permanent. As he did not complete 6 years of services from 01.07.1983, he was not granted the benefit under the policy. In the meantime, his juniors were promoted. Finally, he was promoted as Senior Foreman only on 03.08.1997 after completion of 16 years of service.

(3.) The Petitioner also states that a settlement under Section 12(3) of the Industrial Disputes Act, was arrived at between the management and the employees on 22.01.2002 to disburse full salary to the workers who have worked as Trainees in the year 1982 as per the arbitration award and as per the direction of this Court in W.P. No. 10842 of 1991. Though the Management was ready to disburse the arrears of salary, the Petitioner requested them to consider him for promotion instead of disbursing his arrears. Hence arrears amount as per the 12 (3) settlement and the orders of this Court were not disbursed to him. He gave up the arrears amount only to get promotion on par with his juniors, who were promoted long back and some of them were working as Assistant Manager (Technical). But, the Petitioner was still languishing as Senior Foreman.