UNION OF INDIA Vs. MANIK LAL CHAKRABORTY

JUDGEMENT

(1.) Heard Mr. G. Goswami, learned counsel for the petitioner and Mr. U.K. Das, learned legal Aid counsel for the respondent.

(2.) This writ petition has been filed challenging the Award dtd. 7/6/2017 passed by the learned Central Government Industrial Tribunal-cum- Labour Court Guwahati, Assam in the Reference Case No. 04/2015 by which the respondent/workman has been retrospectively extended the benefit of promotion in the higher scale of Rs.6500.00 to Rs.10500.00 w.e.f 1/1/2006 along with all consequential and pensionary benefits.

(3.) The case in brief is that by the Office Order No. 041/05 (Stenographer) dtd. 13/12/2005 issued by the Northeast Frontier Railway, the respondent who was serving as Stenographer Gr-I in scale Rs.5500.009000/- and empanelled for promotion to the post of Private Secretary-II (P.S/II) was appointed to officiate as PS.-II in the scale of Rs.6500.0010500/- and posted in the Office of the Additional Divisional Railway Manager (ADRM) Lumding. Prior to the issuance of the order dtd. 13/12/2005, the respondent was serving as Stenographer Gr-I under Area Manager (AM) Badarpur. The respondent however could not be released to join the promotional post as there was no replacement to relieve the respondent as Stenographer Gr-I at Badarpur. The N.F. Railway thereafter issued the Memorandum dtd. 29/5/2006 granting approval for temporary variation of one post of P.S-II from ADRM/LMG to AM/BPB for a period of 3(three) months w.e.f 1/6/2006 to 31/8/2006 and the respondent was appointed to officiate as P.S-II and posted against the variated post under AM/BPB. The respondent's appeal to the Railway authorities to grant him the benefits of promotion w.e.f. 13/12/2005 was rejected by the Office of the General Manager (P) Maligaon, N.F Railway by issuing the letter dtd. 18/7/2006 on the ground that retrospective promotional benefits cannot be given. The respondent retired from service on superannuation on 31/8/2006. After a considerable lapse of time a conciliation was held between the Railway authorities and the respondent in the presence of the Assistant Labour Commissioner (Central) on 16/3/2015 which however ended in failure. The dispute was thereafter referred for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Guwahati, Assam in respect of the matter specified in the schedule as under;