THEIR WORKMAN BIHAR COLLIERY KAMGAR UNION Vs. EMPLOYERS IN RELATION TO THE MANAGEMENT OF GOVINDPUR AREA NO 3 OF BCCL

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the respondent. The writ petition has been filed against an award dated 16 th March,2009 passed by the Central Government Industrial Tribunal No.1, Dhanbad, whereby the learned Tribunal, after considering the case of the petitioner that although he was working as per office direction on the post of Legal Assistant from,1990 but he was never selected by the Selection Committee for the post of Legal Assistant and in that view of the matter, he has got no right as per judgment of the Supreme Court for regularization on that post, until he is selected by the Selection Committee.

(2.) It is submitted by the learned counsel for the respondent- Management that there is no perversity in the award and he accepts that the workman, as per office order, worked on the post of clerk from 1990 with experience and qualification, since he is a graduate and his case will be considered in future by the Selection Committee with other similarly situated persons when vacancy arises.

(3.) In that view of the matter, the petitioner is directed to file a representation before the Management for his consideration to the post of legal assistant by the Selection Committee of BCCL and if there is any vacancy, the management is directed to consider the same within three months.