UNION OF INDIA Vs. BRANCH SECRETARY

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari to quash award dated 12.06.2014 (Annexure P/5) notified on 12.09.2014, passed by the Central Government Industrial Tribunal-cum-Labour Court-II, Chandigarh (for short, "the Tribunal") being contrary to the law and facts.

(2.) Facts relevant for the purpose of decision of this writ petition; that one K.K.Kappor joined as Clerk with Railways Department with effect from 17.4.1963. Later on, he was promoted as Senior Clerk w.e.f. 1.10.1980 in the revised pay scale of Rs. 330-560. Vide order dated 3.1.1983 (Annexure P/1) said K.K. Kapoor was asked to officiate as Head Clerk as a local arrangement against vacancy in the Security Office of RPF, Northern Railway, Ferozepur with effect from 01.01.1983. In March, 1983, said K.K. Kapoor was temporarily transferred to Personnel Branch, DRM Office, Ferozepur and subsequently, he was promoted as Head Clerk with effect from 1.1.1984. To this extent, facts are not disputed from either side.

(3.) The contention was raised on behalf of Branch Secretary, Uttariya Railway Mazdoor Union (respondent No.1) that the workman was promoted as officiating Head Constable w.e.f. 1.11.1983 and his services were being utilized as Head Clerk and his services were to be regularized w.e.f. 1.1.1983 as Head Clerk.