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Judgment
By way of present writ petition, petitioner has challenged the
award dated 01.06.2016 passed by the Industrial Tribunal and
Labour Court, Jodhpur, whereby the reference made at the
instance of the workman has been allowed. The skeleton facts
necessary for the decision of the present writ petition are that the
respondent No.2-workman had raised an Industrial Dispute
seeking his promotion with effect from 02.05.1981, when persons
junior to him were promoted to the post of Lower Division
Clerk.After following the due process a reference was made by the
State Government which came to be decided by the Labour Court
vide order dated 01.06.2016, wherein the Labour Court below has
found that in light of the Division Bench decision dated
04.12.1987, workman was entitled for promotion to the post of
Lower Division Clerk from class 4th employee.
Mr. Mehta, learned counsel for the petitioner assailing the
order impugned dated 01.06.2016 submitted that the Labour
Court has no jurisdiction to pass an award granting promotion on
the post of LDC inasmuch as Lower Division Clerk,not being a
workman cannot approach Labour Court for redressal of his
grievance.
Heard learned counsel for the petitioner and perused the
matter available on record.
Argument of the petitioner that the Labour Court could not
pass an award for promoting a class four employee to the post of
LDC, is unsustainable. At the time of raising a dispute,the
workman-Respondent No.2 was undeniably a work-charge-
employee, as such, the Labour Court did have the jurisdiction to
decide the dispute in question. More so such question of
jurisdiction was not raised before the Labour Court.
Hence, the petitioner-State cannot raise the question of
jurisdiction once having submitted to the jurisdiction of the Labour
Court.
In response to the query of the Court about the Division
Bench judgment dated 04.12.1987, he could not bring to the
notice of the Court, any subsequent order of Supreme Court or
otherwise vide which the claim of the respondent could be
justifiably denied.
It is also to be noticed that this Court had held the
respondent No.2, entitled for promotion w.e.f 02.05.1981 when
the person junior to him were promoted.
There is no substance in the present writ petition submitted
under Article 227 of the Constitution of India and the same is
hereby dismissed.