PUNJAB WATER RESOURCES MANAGEMENT AND DEVELOPMENT CORPORATION LTD. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, U.T. CHANDIGARH AND ORS.

JUDGEMENT

(1.) CM No.13157 of 2015

(2.) To cut the whole story short, the sole management witness who appeared in the witness box to depose on behalf of the Corporation spilled the beans when he testified on the strength of bye-laws, a copy of which was exhibited as Ex.M-7 that the qualification and experience mentioned for the post of Ferro Printer [the disputed post claimed and referred to tribunal to determine right, if any] which would oust the workman from consideration is laid down in the bye-laws for direct recruitment but not promotion in the quota prescribed for the two sources. It follows sequitur that it is not a qualification laid down for promotion. This unimpeachable testimony has turned the tables in favour of the workman and proved that he was wronged by denial of right to promotion based on seniority, the respondent workman being senior to the one promoted .

(3.) In view of this, the Presiding Officer, Industrial Tribunal-cumLabour Court, UT, Chandigarh by the impugned order dated August 14, 2014 has committed no error in upholding the claim of the workman and awarding promotion to the respondent-workman to the post of Ferro Printer w.e.f. March 27, 1981 the date when his junior was promoted.