JUDGMENT

A. K. Mishra, J. - Petitioner No.1 is a company having Human Resource Policy Circular No.24 dated 27.4.2009, the said policy was given effect by notification of rules for promotion vide Human Resource Policy Circular dated 16.6.2009. Thereafter, the company invited application on 25.7.2009 for promotion. The opposite party no.3, working as Operative-Cum-Senior Technician, had applied for promotion along with others. The selection process was not taken up. On 13.11.2010, fresh applications were invited with specification that previously applied employees were not required to apply again. Seventy-eight applicants were found eligible to appear written test. The opposite party no.3 participated in the entire process and in the merit list secured Sl. No.62. Finally, forty-four candidates were selected for promotion to executive cadre, w.e.f. 1.5.2010 and opposite party no.3 did not qualify.

2. The grievance of opposite party no.3 was taken up in a conciliation by the Assistant Labour Commissioner and upon failure of conciliation, the Government made reference under section 10(1)(c) on 9.12.2014 as follows:-

"Whether the action of the management of Neelachal Ispat Nigam Ltd., Kal