Heard learned counsel for the petitioner.
This writ petition is directed against award dated 25.02.1995 given by Presiding Officer (III), Kanpur in Adjudication Case No.87 of 1989. The matter, which was referred to the labour court, was as to whether the action of the employer respondent No.2, M/s New Victoria Mills (Unit of N.T.C.) U.P. Limited of not promoting the petitioner, who was senior clerk in E.S.I. Section as In-charge, E.S.I. Section was just and valid or not. A similar reference had earlier been made in respect of another similarly situate employee Ram Raj Yadav, respondent No.3. That case was registered as Adjudication Case No.40 of 1989 and was decided in favour of Ram Raj Yadav on 29.04.1990 by the labour court directing the employer to give designation and pay-scale of In-charge E.S.I. Section. In the award dated 25.02.1995 given in the matter of the petitioner, it was held that as post of In-charge, E.S.I. Section had already been given to Sri Ram Raj Yadav pursuant to award dated 29.04.1990, hence same post could not be given to the petitioner. However, for the period from 09.02.1987 to 09.09.1988, petitioner was directed to be given the designation and pay-scale of In-charge, E.S.I. Section.
When this writ petition was filed 14 years before, petitioner was 57 years of age as shown in his affidavit filed in support of the writ petition. Accordingly, he must have retired long before. On 22.07.1996 when this petition was taken up as fresh, learned counsel prayed for its listing after ten days. Thereafter no effort was made to get it heard at admission stage. Today it has been listed for admission in normal course. Writ petition has therefore become infructuous and is dismissed as such.
Order Date :- 16.11.2010 NLY