MAHENDRALAL Vs. HINDUSTAN STEEL LTD

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution of India, the petitioner Mahendralal applies for issuing a writ of certiorari for quashing the order of the industrial court, Madhya Pradesh, Indore, dated 5 September 1966, and for a writ of mandamus directing the General Manager, Hindustan Steel, Ltd. , Bhilai, to enforce the order of the labour court, Raipur, dated 28 April 1956.

(2.) THE material facts are these. The petitioner was employed as an upper division clerk in the Bhilai Steel Project with effect from 24 October 1956. On 27 September 1958, the project promoted 46 upper division clerks to the post of section assistants, in the higher pay-scale of Rs. 160-10-330, with effect from 20 September 1958 until further orders, and the petitioner Mahendralal was one of them. In the promotion order, it was directed that the seniority of the petitioner, who figured at serial No. 34 in the cadre of upper division clerks would be reckoned from the date of his regular promotion, i. e. , with effect from 27 September 1958, although the petitioner was already working as section assistant in an officiating capacity, on ad hoc basis, from 13 September 1958. That was the order in which his name was placed in the list of promoted section assistants. Since, however, the petitioner was officiating as section assistant from 13 September 1958, the project issued an order dated 7 October 1958 apparently for regularizing his officiating appointment for financial purposes. The parties are not agreed as regards the true implication of this order, and it would be convenient to set it out in extenso for a proper appreciation of the controversy between them regarding this: No. Estt. III-7 (b)-AD (R) iv (D) (ii) (16-a) 56. Hindustan Steel (Private), Ltd. , Bhilai Steel Peoject. Dated Bhilai, 7 October 1958. Office order No 1364. Mahendralal, upper division clerk attached to Chief Engineer (3), is promoted temporarily to the post of head assistant on Rs. 160 per month in the scale of Rs. 160- 10-330 with effect from 13 September 1958 (forenoon) far a period of two months or till the date a regular officer is posted, whichever is earlier. (Sd.) B. N. TREHAN, Assistant Personnel Officer. It would appear from the terms of this order that the petitioner was promoted temporarily with effect from 13 September 1958 "for a period of two months" or "till the date a regular officer was posted," whichever was earlier. This was purely a temporary arrangement. The promotion order, dated 27 September 1958, was, however, in the following terms : no. ESTT. III-l (2)/58, Hindustan Steel (Private), Ltd. , Bhilai Steel Project. Bhilai, dated 27 September 1958 Office order No. 1346

(3.) THE following 46 upper division clerks are promoted to the post of section assistants in the scale of Rs. 160-10-330 with effect from 20 September 1953 (forenoon) until further orders. Sl. Name At present Office Appointed Remark No. where to which on Rs. working posted (1) (2) (3) (4) (5) (6) 1. . . . . . . . . . . . . . . * * * * * 34 Mahendralal C. E. (8) C. E. (8) 160 46 * * * * (4) Seniority of serial Nos. 34 and 42 already promoted as section assistants in officiating capacity and those who were promoted on adhoc basis will be reckoned from the date of their regular promotion, i. e. , with effect from 20 September 1958.