R SENTHIVEL Vs. CHAIRMAN CHENNAI PORT TRUST

JUDGEMENT

(1.) THE petitioner was appointed as Lascar Grade-II on 02.07.1992. THEreafter, he was appointed as Lab Attender cum Section Cutter on 01.08.1994. Since there was lack of promotional opportunities, he sought reversion to the post of Lascar Grade - II and accordingly, he was reverted to the said post on 17.08.1999. However, the period between 1994 and 1999 was not counted for the purpose of seniority in the cadre of Lascar Grade-II.

(2.) THE petitioner raised an industrial dispute under the Industrial Disputes Act, 1947 relating to counting of seniority, before the Central Government Industrial Tribunal cum Labour Court, Chennai and the same was taken on file as I.D.No.73/2002. THE Tribunal allowed the industrial dispute on 15.09.2003 in I.D.No.73/2002 and directed the respondent Port Trust to restore the seniority of the petitioner in the category of Lascar Grade-II from 02.07.1992.

(3.) THE grievance of the petitioner is that two juniors namely, respondents 3 and 4 in the present writ petition were promoted as Syrang, with effect from 07.12.2005 and 20.09.2006 respectively and thereafter, they were further promoted as Lascar Syrang with effect from 11.09.2008 and 19.01.2009 respectively. But the petitioner was not given promotion to the post of Syrang and Lascar Syrang. THErefore, he made a representation dated 05.03.2010. But the same was rejected by the second respondent by the impugned order dated 28.04.2010 stating that as per the award of the Tribunal, the petitioner is entitled to the original seniority in the post of Lascar Grade-II, but he is not entitled to further promotion to the post of Syrang and Lascar Syrang that was given to his juniors. It is stated that the juniors, namely respondents 3 and 4, empanelled earlier for the post of Syrang before the petitioner was promoted as Lascar Grade-I.