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Kailash Singh v. Labour Court - WRIT - C No. 29244 of 1990 [2007] RD-AH 4986 (21 March 2007)


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(Court No. 28)

Civil Misc. Writ Petition No. 29244 of 1990

Kailash Singh Versus Labour Court (V) Kanpur and another

Hon'ble S.U.Khan J

Heard Sri H.P.Misra learned counsel for the petitioner and Sri J.N.Singh learned counsel for respondent No.2 UPSRTC.

Respondent No. 1 was working as Semi Skilled Labour in Central workshop Kanpur UPSRTC. He demanded promotion to the post of Specialist Grade I. Industrial dispute was raised and Government referred the matter to the Labour Court. Before the Labour Court (V) U.P Kanpur the matter was registered as Adjudication case No. 144 of 1985. Presiding officer of the Labour Court gave the award on 1.5.1989. Labour Court held that even though respondent No.1 was entitled to be promoted to Specialist Grade I post however it was directed that respondent No.1 shall be given the pay and promotion of skilled labour. The workmen did not feel satisfy with the said award hence he filed this writ petition. Employer respondent No.2 has not challenged the said award. At the relevant time there were five grades of the labourers i.e.  Unskilled, Semi Skilled, Skilled, Specialist and Specialist Grade I. There was absolutely no question of giving triple promotion to respondent No.1 i.e. from semi skilled to Specialist Grade I. Labour court could only direct consideration of case of the respondent No.1 for promotion to the next grade however labour court granted promotion to the next grade as the said order has not been challenged by the employer hence it is final. The claim of the petitioner is that from Semi Skilled he was promoted to Specialist Grade I was utterly fantastic merely because the labour is qualified to do the work of higher grade it does not mean that he must be given promotion. Promotion is given on different factors and most important one is availability of the post in the promotion grade. Double or triple promotion is never warranted by law. The duties of workmen in the aforesaid grades are not so distinct from each other that no job required to be done by one category can be performed by the labour of the other category. Several jobs required different types of operation with various skilled employees having different skills may be required to perform  different stages of particular job. If in the absence of employee of higher grade the employee of lower grade is occasionally required to perform the duty then he can not seek permanent employment in the higher grade. Moreover before making any promotion, it is utmost essential to consider other employees of the same grade seniority wise.

Accordingly I do not find any error in the impugned award refusing to grant triple promotion to respondent No.1 or granting pay scale and designation of Specialist Grade 1 to the respondent No.1

Accordingly writ petition is dismissed.

Dated:  21.3.2007



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