ASHOK BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the award dated 27.07.2010 passed by the learned Labour Court at Guwahati in Misc. Case No. 10.2007 by which the application filed by the petitioner under Section 33A of the Industrial Disputes Act, 1947, has been dismissed. The petitioner has also challenged the order dated 3.10.2006 by which the respondent Bank has dismissed him from service. He has also challenged the decision of the appellate authority as contained in Annexure-E order dated 03.09.2007 dismissing the appeal preferred by him against the said order of dismissal. The petitioner was an employee of the respondent Bank. He was also the Vice President of the Employees' Union registered under Trade Union Act, 1926. He was initially appointed in the year 1972 and on 16.1.1993 he was promoted to the post of Junior Officer Grade-II. According to the petitioner, he was deprived of his promotion to Junior Officer Grade-I while his juniors were allowed to supersede him. Raising the grievance against the same, the Employees' Union had raised a industrial dispute before the Assistant Labour Commissioner (ALC), Guwahati by filing an application on 11.04.2006 alleging illegal promotion of the persons by the Bank Management depriving the senior employees in violation of the existing promotion policy and guidelines. On receipt of the said application, the ALC issued notice to the Bank Management on 11.04.2006 and accordingly the Management filed their written statement on 15.05.2006 in which it was contended amongst others that, due to pendency of the departmental proceeding against the petitioner, his case for promotion was not considered by the selection committee.

(2.) The ALC issued notice of conciliation on 21.09.2006 fixing the matter on 18.10.2006 for conciliation on the industrial dispute raised by the Union in respect of the aforesaid alleged illegal promotion. The conciliation proceeding came to an end on 02.04.2007 by submitting the failure report. During pendency of the proceeding, the Bank Management vide order dated 03.10.2006 dismissed the petitioner from service on the allegation of misconduct drawn by charge sheet dated 17.02.2006. Being aggrieved, the petitioner preferred an appeal on 07.10.2006 before the appellate authority under Rule 46 of the Industrial Corporation Bank Ltd. Employees' Services Rules. However, the appellate authority dismissed the appeal vide order dated 03.09.2007 which was communicated to the petitioner by letter dated 05.09.2007.

(3.) Amidst the aforesaid developments, the Govt. of Assam exercising its power under Section 10 of the Industrial Dispute Act, 1947 referred for adjudication the industrial dispute raised by the Union with regard to the promotion of the employees junior to the petitioner vide notification dated 07.08.2007. Accordingly, a case being Reference Case No. 13/2007 was registered in the learned Labour Court at Guwahati. The terms of reference are as follows: