NAGPUR MUNICIPAL CORPORATION Vs. SUDESHWAR

JUDGEMENT

(1.) THESE two writ petitions can be disposed of by common judgment since common judgment and order made by the Industrial Court on 12.11.1992 in Complaint (ULPN) No.291 of 1986 is under challenge.

(2.) FACTS : Respondent no.1 Sudeshwar Vishwanath Gotekar (in W.P. No.1044/93) filed a complaint under Section 28 read with Item 4(c) (d) (e) of Schedule II and Item 9 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short MRTU & PULP Act). In his complaint, respondent no.1 pleaded that he was initially appointed by Nagpur Municipal Corporation (petitioner in W.P. No.541/93) on 9.11.1970 as Fireman on temporary basis and ultimately was absorbed in the same post on regular basis by the order dated 6.3.1972 in the Fire Brigade Department of the Corporation. He then stated that he being the senior most in his cadre, was the only eligible and competent star for being promoted to the post of Sub Officer and since he is a member of Scheduled Castes, the question of considering any other person except him did not arise. He then averred that there was an attempt to favour his juniors, namely Naim Khan, C.S. Jadhav and G.D. Asre inasmuch as they were being attempted to be sent for training of Sub Officers. He also averred that the said juniors were in fact promoted by the Corporation. He consequently prayed for setting aside of their orders of promotion.

(3.) THE parties thereafter went on trial. Respondent no.1 Sudeshwar (in W.P. No.541/93) examined him self and admitted that by Resolution No.31 dated 12.4.1976, the Corporation has prescribed qualifications and channel of promotion for its employees. He admitted that for the post of Assistant Station Officer (Sub Officer) minimum qualification was matriculation and the course of Sub Officer from National Fire Service College. He further admitted in his cross-examination that even on the date of his evidence he did not possess the requisite qualification for the post of Assistant Station Officer. He stated in his evidence that his date of birth was 19.12.1947, meaning thereby that on the date of his evidence his age was 39 years.