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The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondent to convene a Department Promotion Committee and to give promotion to the petitioners to the post of Assistant Manager, with effect from the date on which the vacancies arose, with all other consequential benefits including difference of salary, seniority etc.

2. The short facts of the case are as follows:

The petitioners submit that they have joined the respondent Mill on 14.06.1976, 01.03.1982, 06.08.1980 and July, 1976 respectively and are working as Supervisors. During 1983, the respondent Mill was closed and subsequently it was taken over by the Government of Pondicherry by issuing the ordinance for the purpose of acquisition of Anglo French Textile, which become an Act, namely, Anglo French Textiles Act. By the said Act, the entire Mill as well as it's properties were vested with the Government of Pondicherry and were brought under the Pondicherry Textile Corporation Limited. The Management of the respondent Mill prescribed Rules in respect of terms and conditions of the services and norms of promotion for the workmen category, whereas no such Rules were prescribed by the respondent in respect of employees other than workmen, which resulted in arbitrary exercise of power by the respondent under the influence of extraneous consideration in respect of employees other than workmen regarding fixation of pay scale, fixation of promotional avenues, granting promotion to the higher posts etc.

5. The respondent has filed a counter affidavit stating that their Mill remained closed from the July 1983 and thereafter there was no manufacturing process. Subsequently, the Government of Pondicherry acquired the respondent Mill and promulgated an ordinance called as the Anglo French Textiles Limited (Acquisition and Transfer of Textile Undertaking) Ordinance, 1985 and subsequently an Act of legislature was enacted by the Pondicherry Legislative Assembly called as the Anglo French Textiles Limited (Acquisition and Transfer of Textile Undertaking) Act, 1986 (hereinafter, referred to as 'the Act'). The preamble to the Act reads as follows:

To provide for the acquisition and transfer of the rights, title and interest of the Anglo French Textiles Limited for the purpose of ensuring continued and increased production of goods essential to the needs of the community and for matter connected therewith or incidental thereto. By virtue of the provisions contained in the Act, the Textile Undertaking was vested with the Government and stood transferred to the Pondicherry Textile Corporation Limited. As per Section 2(a) of the Act, the appointed date means 24th December, 1985. Section 3(1) of the Act provides that on the appointed day, the Anglo French Textiles Limited and the rights, title and interest of the owner in relation to the textile undertaking shall stand transferred to and shall vest absolutely in the Government. Section 3(2) of the Act provides that the respondent Mill, which stands vested in the Government by virtue of Sub-Section (1) shall immediately, after it has so vested, stand transferred to, and vest in the Corporation. Chapter IV of the Act relates to the provisions with respect to employees of the respondent Mill. Section 11(1) deals with services of persons, who were workmen under the Industrial Disputes Act, 1947, while Section 11(2) deals with services of persons, who were not workmen within the meaning of the Industrial Disputes Act, 1947.

12. Further, the respondent submits that the Anglo French Textiles Officers Association, Anglo French Textiles United Staff Association and Anglo French Textiles Staff, Supervisors and Officers Joint Action Council filed writ petitions in W.P.Nos.4760 of 1995, 15068 of 1996 and 12568 of 1998, claiming fixation of pay scales on the basis of the Fourth and Fifth Pay Commission Recommendations, on par with Central Government Employees stationed at Pondicherry, which are pending before this Court and hence, the reference made by the petitioners in respect of monetary loss because the majority of the petitioners have reached the basic pay in the post of Supervisor, which is equivalent to the post of Assistant Manager, is nothing but misleading one. The promotions in general have been kept pending by the Management since the Mill is highly over staffed. The Mill has one third staff excess over what is required and hence the Management has to take steps to reduce the excess staff and officers before going into the question of promotion. Further, there are no recruitment rules, while the 89th Board of Directors Meeting held on 24.12.1996 has approved the recruitment rules vide Board Resolution No.89.3 and the said Rules are in force. The promotion given to clerical staffs is on time scale basis and promotion in respect of worker category is kept pending as there is reduction in the production capacity and the revision of work load and work norms are pending. Therefore, the Technical Supervisors cannot claim promotion on time scale. The promotions will be considered after finalization of the required strength for all categories such as Assistant Manager, Deputy Manager, Managers etc., taking into account the reduced production capacity and requirement.