WARANA PROJECT CIRCLE Vs. HANMANTRO VASANTRAO BENGAL

JUDGEMENT

(1.) TWO contentions have been raised by the learned Asstt. Government Pleader appearing in support of this petition impugning the order passed by the Member, Industrial Court, Kolhapur in Complaint (ULP) No. 561 of 1994. The first, submission is that the Warana Project Circle, Warana Bhavan, Kolhapur and the Doodhganga Canal Division No. 1, Kolhapur is not an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947. The second submission is that the Court below ought to have taken into consideration the fact that there is no reversion in the instant case at all.

(2.) THE respondent was appointed as a typist in 1974. At his request, he was posted as a tracer which is equivalent to the post of typist. In 1994, it was brought to the notice of the petitioner that the change as made is contrary to the Maharashtra Civil Services Rules, 1981 and therefore by a communication dated 12th December, 1994 the petitioners repatriated respondent to the post of typist. Once the post of typist is equivalent to the post in question then there is no reversion according to the learned Counsel.

(3.) THE second submission on merits of the matter is totally untenable. The Court below has no material placed before it specifically observed that the respondent was appointed as a typist on 18th June, 1974 and thereafter posted as a clerk on 7th March, 1979. Since he possessed the requisite qualification of the tracer, he was appointed to the post of tracer w.e.f. 7th May, 1982. He was enjoying the benefits of the revised pay -scale and rendered more than 12 years services and therefore was entitled for further benefits including time bound promotion. Suddenly, the respondent was told to work as clerk -typist vide letter dated 12th December, 1994.