Gujarat High Court
Shree Vidhyut Kamdar Sangh vs Gujarat Urja Vikas Nigam Limited & Anr on 4 May, 2016
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
C/SCA/7113/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 7113 of 2016
=============================================
SHREE VIDHYUT KAMDAR SANGH....Petitioner
Versus
GUJARAT URJA VIKAS NIGAM LIMITED & ANR....Respondents
=============================================
Appearance:
MR TR MISHRA, ADVOCATE for the Petitioner
MR DIPAK R DAVE, ADVOCATE for the respondents
=============================================
CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 04/05/2016
ORAL ORDER
1. The Union is aggrieved by the refusal of interim relief by the Industrial Tribunal. Challenge in this petition is made by the Union to the order passed by the Industrial Tribunal, Ahmedabad dated 06.04.2016 below Exh.7 in Reference (IT) No.336 of 2015. By the said application, the Union had prayed for the interim relief to the effect that, pending the Reference the recruitment process be stayed. It is this application which is rejected by the Tribunal, which is questioned before this Court.
2. Mr.Mishra, learned advocate for the petitioner has submitted that the petitioner Union had moved an application for interim relief in the Reference, seeking stay against the recruitment with regard to the advertisement in question. The said examination is indicated to be held on 07.05.2016 and the circumstances pointed out to the Tribunal warranted grant of interim relief. Mr.Mishra, learned advocate for the petitioner Page 1 of 4 HC-NIC Page 1 of 4 Created On Thu May 05 03:30:31 IST 2016 C/SCA/7113/2016 ORDER has taken this Court through the pleadings in detail. Reference is also made to the order passed by this Court in Special Civil Application No.14623 of 2014 dated 28.08.2015. It is submitted that the action of the respondent Electricity Company, which is impugned before the Tribunal, is illegal and arbitrary and the Tribunal even at this interlocutory stage ought to have granted relief. It is submitted that the interim relief which is refused by the Tribunal, be granted by this Court. It is submitted that this petition be entertained.
3. On the other hand, Mr.Dipak Dave, learned advocate for the respondent Electricity Company, appearing on caveat, has contested this petition. It is submitted that the initiation of the proceeding by the Union itself lacked bona fide. It is submitted that the Reference in question is principally with the demand that the vacancy in the cadre of Meter Tester be filled in by the Helpers / Electrical Assistants, holding educational qualification of diploma, according to seniority. It is submitted that so far the principal controversy before the Tribunal is concerned, that itself is against the standing orders and thus the petitioner Union does not have even prima facie case. Further the balance of convenience is also not in favour of the Union and therefore the Tribunal has rightly refused to grant any relief. It is submitted that no relief be granted by this Court. It is submitted that this petition be dismissed.
4. Having heard learned advocates for the respective parties and having gone through the material on record, this Court finds that the controversy is with regard to the recruitment on the post of Meter Tester Grade I / III. The recruitment on the said post is regulated by GSO 315, which is Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu May 05 03:30:31 IST 2016 C/SCA/7113/2016 ORDER referred to by the Tribunal. As per the said GSO, 50% of the total posts are to be filled in by the direct recruitment and remaining 50% of the posts are to be filled by departmental candidates. The abstract of the said Rule is on record (at page- 79, 80). For different cadres, channel of promotion is indicated, however the same is not the case, so far the recruitment on the post of Meter Tester is concerned. Thus there is no feeder cadre, so far the recruitment on the post of Meter Tester is concerned. The qualification and other eligibility criteria is referred to in the advertisement, for recruitment on the post of the Meter Tester. By the said advertisement, applications are invited from the departmental candidates. The Tribunal has taken note of this aspect. The Tribunal has, on the basis of this material, found that the Union does not have prima facie case, even qua the principal term of the Reference, which is to the effect, whether the vacancies in the cadre of Meter Tester be filled in by the Helpers / Electrical Assistants, holding educational qualification of diploma, according to seniority. This Court has considered the reasons recorded by the Tribunal qua this satisfaction and no infirmity is found therein. It is the case of the petitioner Union that pending the said Reference, the recruitment which is to be held by the Electricity be stayed. The Tribunal has found that when the principal demand lacks substance, there is no question of grant of any relief. This Court does not find any infirmity in the reasons recorded by the Tribunal, more particularly in para:9 of the impugned order. The Tribunal has rightly refused the interim relief. No interference is required in this petition. This petition therefore needs to be dismissed.
5. For the reasons recorded above, this petition is Page 3 of 4 HC-NIC Page 3 of 4 Created On Thu May 05 03:30:31 IST 2016 C/SCA/7113/2016 ORDER dismissed.
6. At this stage, Mr.Mishra, learned advocate for the petitioner has submitted that Prayer Clause 9(C) be granted. It is seeking direction to the Tribunal to decide the entire reference within three months. When the Tribunal has found that the Union does not have prima facie case, even qua the principal controversy of the Reference and this Court has also found so, no direction need to be given to the Tribunal to take up this matter out of turn, at the instance of the petitioner Union. This request, therefore is rejected.
(PARESH UPADHYAY, J.) M O Bhati/08 Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu May 05 03:30:31 IST 2016