DAGDURAM LAXMAN KHANDEKAR Vs. AHMEDNAGAR MUNICIPAL COUNCIL

JUDGEMENT

(1.) The submissions of the learned Advocate appearing for the petitioner were heard yesterday. With a view to appreciate the submissions made by the learned Advocate for the petitioner, it will be necessary to refer the facts of the case in brief. By this petition under Article 227 of Constitution of India, the petitioner has taken an exception to the judgments and orders dated 23rd December, 1988 passed in Complaint (U.L.P.) Nos.372/1986 and 374/1986 by the Learned Member of the Industrial Court.

(2.) The case of the petitioner in Complaint (U.L.P.)No. 374/1986 is that he was in the employment of the 1st Respondent Municipal Council since the year 1957. At the time of filing of the complaint he was employed as a Recovery clerk. According to him he had taken a training in Civil Defence Course, Fire Fighting Refresher Course and First Aid Course. According to the petitioner he possessed qualification and experience to hold the post of Fire Fighter Supervisor. The grievance of the petitioner is that by ignoring his claim, 1st Respondent promoted one Sk. Gani Imam (2nd Respondent) to the post of Fire Fighter Supervisor w.e.f. 11th September, 1986. He contended that the said 2nd Respondent is junior to the petitioner in service. The prayer in the complaint is for setting aside the order in favour of the 2nd Respondent.

(3.) According to the petitioner vacancy occurred for the post of Fire Brigade Superintendent and the person holding said post is required to complete a course of Fire Fighter Sub Officer conducted by an institute at Nagpur. It is alleged that the petitioner was possessing requisite experience and seniority for sending him to attend the said course. However, the General Body of the 1st Respondent selected 3rd and 4th Respondents for attending the said course. It is alleged that both the said Respondents are junior in service to the petitioner.