LAXMI NARAIN TIWARI Vs. DEPUTY LABOUR COMMISSIONER LUCKNOW

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India praying for a writ in the nature of certiorari quashing the order dated October 5, 1995, passed by the Deputy Labour Commissioner, Lucknow. Further, a writ in the nature of mandamus has also been prayed for by the petitioner seeking a command to the opposite party No, 2 to promote him in the Artisan Grade-A with effect from April 1, 1991 or April 1, 1995.

(2.) The petitioners case is that he was appointed by the Management of the opposite party No. 2, namely, Scooters India Limited as Telephone Mechanic (Skilled Grade) in the year 1976 and since then he has been working on the same post in the same grade. In the year 1979, an agreement was arrived at between the management of the Scooters India Limited and the Labour Union and it was settled that there would be five Artisan Grades of the labourers to be designated as Grades A, B, C, D and E and all the workmen would be considered for promotion in the upgraded categories with effect from April 1, 1979 on the basis of test and interview. It was also settled between the aforesaid parties that the evaluation of the work and performance of the labourers would be made without bias and prejudice on the basis of prescribed criteria and in accordance with the guidelines but ignoring any such criteria or guidelines, the Management of the Scooters India Limited acted upon the line of nepotism and promoted only such labourers who were the blue-eyed boys of the officers of the Management and thereby caused serious prejudice to some employees including the petitioner as they exposed the lapses of the Management and resorted to agitational methods including strike with a view to secure justice and fulfilment of their demands. In spite of the fact that the petitioner was the lone Telephone Skilled Mechanic in the factory of the Scooters India Limited until March 31, 1979, other labourers who were not only junior to him but who also did not fulfil the criteria of being a Telephone Mechanic were promoted to the Artisan Grades A and B. This discrimination caused serious prejudice to the cause of the petitioner as he was deprived of his right to get promotion on the higher grade. As a matter of fact, the Management acted in a biased manner with all mala fides on the part of the officers. In these circumstances, the petitioner was obliged to raise an industrial dispute and, therefore, pleaded his cause with the U.P. Government. The petitioner was found favour with the Government and accordingly, a reference was made for settlement of the dispute to the Labour Tribunal. On having heard both the parties, the Presiding Officer, Labour Court. Lucknow pronounced his award on February 27, 1993 and directed the Scooters India Limited to create a post within three months in either Grade B or A and consider the petitioners claim for promotion to the said post with effect from April 1, 1979.

(3.) The opposite party No. 2, in compliance of the said direction, conducted a test in which the petitioner appeared and on the basis of his performance in the said test as also the interview, he was found unsuitable. In fact, the decision of the Test and Interview Committee was tainted with mala fides. The petitioner raised several points in his affidavit filed before the opposite party No. 1 but neither the Personnel Manager of the Scooters India Limited replied to the allegations levelled by the petitioner in his counter affidavit nor the Deputy Labour Commissioner, Lucknow pronounced a reasoned finding. The claim of the petitioner was dismissed in limine by virtue of the order dated October 5, 1995 (Annexure-B). It was in these circumstances that the petitioner was obliged to file this writ petition for the writs of certiorari and mandamus as indicated earlier.