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1994 Supreme(MP) 666

T.S.DOABIA, U.L.BHAT, A.S.TRIPATHI
M. P. S. R. T. C. – Appellant
Versus
Narain Singh Rathore – Respondent


Advocates:
R.D. Jain and A.K. Shrivastava with Sameer Kumar Jain for petitioners; H.N. Upadhyaya for respondent No. 1.

ORDER

U.L. Bhat, C.J. -- 1. This is a petition under Articles 227 of the Constitution of India praying for a writ of certiorari quashing Annexure-PI order passed by the Industrial Court and Annexure-P2 appellate order passed by the Labour Court.

2. First respondent was initially appointed Conductor under the first petitioner M.P. State Road Transport Corporation and later on, promoted to the post of Booking Agent. According to Annexure-P3 order of the General Manager of the Corporation, the promotion channel is from the post of Booking Agent to that of Ticket Examiner and thereafter to the post of Traffic Supervisor Gr. II and finally to the post of Traffic Supervisor Gr. I.

3. While first respondent was working as Booking Agent in the Bus Station, Dabra, Nathilal Jain who was then Traffic Supervisor Gr. II and working as Incharge of the Bus Station, retired on superannuation. The Sub-Depot Manager passed order Annexure-P8 dated 9,4.1986, the English version of which is as quoted herebelow:

"Sub: Appointment of Narain Singh Rathore, Booking Agent as Incharge Bus Station, Dabra.

The post of Stand Incharge Dabra is lying vacant after the retirement of Nathilal Jain, Traffic Supervisory S












































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