DAYANIDHI Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner praying to issue a writ of mandamus, directing the respondent to refer the Industrial Dispute regarding the denial of promotion to the post of Junior Engineer for petitioner for adjudication by the industrial Tribunal.

(2.) THE case of the petitioner is that he joined the Thanthai Periyar Transport Corporation as Electrician in Technical side in 1979 at Thirupathur Depot; that the said Depot was taken over by the Pattukottai Azhagiri Corporation in the year 1982; that thereafter, he was working in Pattukottai Azhagiri Transport Corporation as Junior Tradesman; that the required qualification for Junior Tradesman is only I. T. I. ; that he is a diploma holder in electrical Engineering; that in 1987 the management sent a circular to all Depots directing the Diploma Holders to make application for promotion to the post of Junior Engineer and accordingly the petitioner has applied for the said post.

(3.) THE further case of the petitioner is that he has attended the interview on 14. 11. 1987, but he was not selected; that on the other hand his juniors Mr. Panneerselvam and Mr. Kotti (May-90)were selected and promoted to the post of Junior Engineer; that in fact Mr. Kotti did not even attend the interview as he had not received interview card since he did not possess qualification at relevant time; that the petitioner's Union raised an Industrial Dispute before the Conciliation Officer questioning the denial of promotion to him and the same was negatived by the Conciliation Officer by report dated 20. 11. 1990; that the Government passed the order in G. O. Ms. No. 241, Labour and Employment Department, dated 8. 3. 1991, declining to refer the Industrial Dispute for adjudication by the Labour Court.