ASSTT. ENGINEER, IGNP Vs. AZAM ALI

JUDGEMENT

(1.) THE instant writ petition has been filed by the State of Rajasthan through Assistant Engineer, I.G.N.P., Division Taranagar and others under Article 227 of the Constitution of India to challenge the validity of the award dated 25.10.2005 passed by the Judge, Labour Court, Bikaner whereby the Judge, Labour Court, Bikaner passed an award in favor of the respondent workman and issued direction to the petitioner department to grant promotion on the post of Supervisor to the respondent employee w.e.f. 01.08.1985 in the pay -scale of Rs. 640 -1180/ - of the post of Supervisor w.e.f. the date his junior person Mohan Singh was granted promotion.

(2.) LEARNED counsel for the petitioner submits that admittedly after seeking voluntary retirement w.e.f. 21.10.2000, the respondent workman raised an industrial dispute for granting promotion on the post of Supervisor w.e.f. 01.08.1985 and on the date of raising industrial dispute by the respondent workman he was not even employee of the petitioner department.

(3.) AFTER seeking voluntary retirement an industrial dispute for granting promotion without explaining delay was raised but the Judge, Labour Court failed to consider the important ground of delay at the time of adjudicating the reference on merit referred by the appropriate government vide notification dated 04.10.2004, therefore award impugned may be quashed.