(1.) This petition under Article 227 of the Constitution of India has been preferred against the order dated 30th October, 2006 passed by the M.P. Industrial Court Bench at Gwalior in C.A. No. 52/2004.
(2.) Respondent No. 1, who was working on the post of Technician Grade I in the services of the Petitioners, submitted an application under Sections 31, 61 and 62 of the Madhya Pradesh Industrial Relations Act, 1960 (for brevity "M.P.I.R. Act) mainly with allegations that Respondents No. 2 and 3 despite being junior to him were promoted as Senior Technician. He prayed that the action on the part of the Petitioners in promoting Respondents No. 2 and 3 on the post of Senior Technician and further inaction on their part in not promoting Respondent No. 1 on the said post may be declared illegal. Consequential prayer has also been made for promotion as well as higher pay grade from the date when Respondents No. 2 and 3 were promoted.
(3.) Aforesaid, was opposed mainly on the ground that the application under Section 31 of M.P.I.R. Act, 1960 is not maintainable; secondly, Respondent No. 1 was not found suitable for promotion by the Departmental Promotion Committee.