KHETRI TAMBA SHRAMIK SANGH Vs. HINDUSTAN COPPER LIMITED

JUDGEMENT

(1.) The instant special appeal (writ) has been filed by the appellant/ respondent assailing the order dtd. 4/8/2021 passed by the learned Single Judge in S.B. Civil Review (Writ) Petition No.281/2019 whereby modified the order passed on 27/8/2018 in S.B. Civil Writ Petition No.8661/2018.

(2.) The facts relevant for consideration are that the appellant- Khetri Tamba Shramik Sangh (for short 'the appellant-Sangh') raised a dispute before the authorities of the Labour Department for its member Mr. P.S. Parmar, which was referred to the Central Industrial Tribunal, Jaipur (for short 'the Industrial Tribunal') vide reference dtd. 21/1/1997 in the following terms:- "Whether the action of the management of Khetri Copper Complex, Hindustan Copper Ltd.- Khetri Nagar, Dist. Jhunjhunu in not promoting Shri P.S. Parmar, Sr. Draftsman (Geology) to the post of Asst. Engineer (Design)/Chief Draftsman (now renamed as Sr. Geologist (Design) is justified? If not, to what relief the workman is entitled to?"

(3.) The statement of claim was filed by the appellant Sangh on 4/3/1997 and the reply to the statement of claim was filed by the respondent /petitioner. The learned Industrial Tribunal considering the material available on the record passed an award on 13/2/2017 in the following terms:- <IMG>JUDGEMENT_237_LAWS(RAJ)5_2023_1.jpg</IMG>