RANBIR SINGH Vs. PRESIDING OFFICER, CGIT AND ANOTHER

JUDGEMENT

(1.) Petitioner Ranbir Singh was appointed as a Carpenter on 16.4.1986. His services were dispensed with on 6.12.1986. The present controversy has nothing to do with the engagement of the petitioner as a Carpenter for the period referred to above. After the services of the petitioner Ranbir Singh were terminated, he was offered an alternative appointment as Mazdoor. Since the post of Mazdoor is lower in status than the post of Carpenter, he was required to confirm in writing whether or not he was willing to accept the lower category post, on or before 22.4.1987, through a letter dated 11.4.1987. A perusal of the affidavit dated 1.4.2004 filed by the respondents before this Court, reveals that the petitioner submitted his willingness to accept the lower post on 21.4.1987 i.e. well before the period stipulated in the letter dated 11.4.1987.

(2.) In order to complete the pre-requisite requirements of recruitment before a formal letter of appointment could be issued to the petitioner, he was required to submit character certificates issued by two gazetted officers, on or before 24.6.1987, through a letter dated 19.6.1987 (Annexure P.7). The aforesaid letter was addressed to the Garrison Engineer, Patiala, who received the same only on 26.6.1987 i.e. well after the last date of acceptance of the certificates, to be supplied by the petitioner, in case he was desirous of accepting the offer of appointment to the post of Mazdoor, expressed in the letter dated 19.6.1987. The petitioner, on coming to know of the same, on 29.6.1987 submitted all necessary certificates along with his acceptance to the Commander Works Engineer on 29.6.1987 itself. Since the said certificates had not been supplied by the petitioner before 22.4.1987, in terms of the requirement of the letter dated 19.6.1987, his candidature for appointment to the post of Mazdoor was not considered any further.

(3.) In order to press his claim for appointment to the post of Mazdoor, on account of his selection for the same, the petitioner invoked the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The Central Government referred the following dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Chandigarh (hereinafter referred to as 'the Labour Court') :-