(1.) INSTANT petition has been filed by petitioner assailing award dt. 2nd June, 2007 [ann. 7] passed by Industrial Tribunal, Bharatpur.
(2.) MAIN contention of counsel for petitioner is that he is working as Safai Karamchari and entitled to be considered for appointment on the post of Fireman under Rajasthan Municipal subordinate and Ministerial Service Rules, 1963. From the record, it appears that committee in its meeting held on 18/3/1983 [ann. 1] prepared the list of employees who are working in municipal Council, Bharatpur, who were found suitable for the post of Fireman in the category of ST, petitioner's name finds place at Serial no. 4 are recommended to be considered on priority basis. Selection was undertaken by the Municipal council in 1989 after almost 6 yrs. of list being prepared and appointments were made on the post of Fireman on 20th January, 1989 [ann. 2]. Reference was made by appropriate government to labour Court, Bharatpur as to whether petitioner's right of consideration in regard to appointments made on 20th January, 1989 in any manner has been infringed and what relief he is entitled for.
(3.) LABOUR Court after appreciation of material on record rejected the claim of petitioner. Counsel for petitioner submits that he being in the list prepared by Municipal Council on 18th march, 1983, he has a preferential claim in consideration for appointment on the post of fireman which has been infringed by the respondents.