RAMESH KUMAR GUPTA Vs. EMPLOYER IN RELATION TO THE MANAGEMENT OF REGIONAL WORKSHOP OF CCL AT BHURKUNDA, HAZARIBAGH

JUDGEMENT

(1.) IN this writ application, the petitioner has challenged the award dated 23.4.1997 of the Central Government, Industrial Tribunal, Dhanbad, whereby the Tribunal held that the action of the Management of Regional Workshop, Bhurkunda of Central Coal Fields Ltd in denying promotion to Ramesh Kumar Gupta (Petitioner) as Assistant Store Keeper w.e.f. 23.12.1982 is quite justified and the workman is not entitled for the relief as claimed.

(2.) THE facts which are not disputed are that the writ petitioner was appointed as General Mazdoor Cat. -1, on compassionate ground on account of death of his father, who died in harness. The petitioner joined the service w.e.f. 23.12.1982 as General Mazdoor Cat I, whereas the two other workmen namely S.N. Sinha and B.N. Pandey (respondents Nos. 4 and 5 herein) joined the service in October, 1982 i.e. prior to the petitioner and that also after they were selected and appointed after following due procedure.

(3.) THE case of the petitioner is that since the date of his joining i.e. 23.12.1982, he was allowed to work as Assistant Store Keeper as he was qualified and competent whereas the respondents Nos. 4 and 5 who were General Mazdoor and Black Smith and had no experience about the working of Assistant Store Keeper, even then he was not promoted as Assistant Storekeeper but the respondents Nos. 4 and 5 were favoured with such promotions, therefore, he has been discriminated.