DULAL CHAND MAHTO Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) THE matter of this writ petition relates to promotion. Service of the petitioner was taken over by the respondent B.C.C.L. in 1985 on a fresh appointment basis as Crane Operator with provision of protection of his pay/grade. The petitioner tried to raise industrial dispute in 1997 and the issue with regard to the promotion was considered by the Assistant Labour Commissioner (Central) Dhanbad and consequent upon failure of conciliation, the matter was forwarded to the proper Government who did not find the case proper for reference to Tribunal for adjudication. The petitioner then moved this Court by filing writ petition being W.P. (S) No. 1870 of 2002. The learned Single Judge held that in absence of any evidence with regard to requisite qualification and experience of the petitioner, it was not possible to find out legality and propriety of the order by which the appropriate Government refused to refer the matter for adjudication. However, the Court directed the respondents to reconsider the matter. In compliance of the aforesaid order, respondents have reconsidered the matter and passed a fresh order on 5/7.10.2002 which is impugned in this writ petition. The concerned authority of the respondents reconsidered the matter again and it was found that petitioner was not eligible for placement/promotion in the next higher category as he does not fulfil the norms, as per cadre scheme. The respondents further held that the petitioner was appointed on the post of Crane Operator in 1985 in Category -D Grade -Ill and jointed B.C.C.L. in 1985 and subsequently, he was promoted to Grade -C with effect from 8.10.1986.

(2.) HAVING regard to the facts that claim of the petitioner was reconsidered by the respondents authority in the light of the direction of this Court in the earlier writ petition, I do not find any reason to re -appreciate the entire evidence and come to a different conclusion.