MAHARASHTRA STATE ELECTRICITY BOARD Vs. BADRINATH PANDIT KOLHE

JUDGEMENT

(1.) THIS is a writ petition under Article 227 of the Constitution of India directed against the order of the Industrial Court, Nasik, dated 16-11-1987, made in Complaint (ULP) No. 8 of 1986, under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour practices Act, 1971 (hereinafter referred to as 'the Act' ).

(2.) THE Petitioner is a State Electricity Board constituted under the Maharashtra Electricity Act and carries on the business of generation and distribution of electricity within the State of maharashtra. The Respondent is an employee of the Petitioner-Board.

(3.) THE Respondent was initially employed as a line-helper and was subsequently promoted on 21st August, 1971, as Assistant Lineman. It appears that the prospects of promotion for the employees in the service of the Petitioner-Board were dim, either because in several years there were no well defined channels of promotion, or because there were no clear vacancies in which people could be promoted. In order to eliminate the hardship caused to the employees, the government of Maharashtra issued General Order No. 74 of 1974 under which an employee who had completed 10 years in a given post on 1. 5. 1974, including officiating service, and who had not got promotion to a higher post for no fault of his own, (a) for want of a clear vacancy or (b)want of a channel of promotion, or an employee who would complete 10 years service in a given post after 1. 5. 1974 and who may not get promotion for the same reasons, was held entitled to be promoted to the next higher post in the channel of promotion or to the next higher grade, if there was no such channel of promotion, from 1. 5. 1974 or from the date immediately following the date on which the employee completed 10 years service in the same post, as the case may be. The pay of the employee was directed to be fixed in that post/grade in accordance with Service regulation 29 (a) irrespective of the fact of availability of suitable vacancies in the next higher post. There was, however, a proviso to this principle, namely, that the employee who was considered for the benefit of G. O. 74 had to be otherwise fit for promotion on the basis of overall performance.