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1968 Supreme(MP) 52

P.V.DIXIT, A.P.SEN
Mahendralal – Appellant
Versus
Hindustan Steel Ltd. , Bhilai Steel Project – Respondent


JUDGMENT :

( 1. ) BY this application under Articles 226 and 227 of the Constitution of India, the petitioner Mahendralal applies for issuing a writ of certiorari for quashing the order of the industrial court, Madhya Pradesh, Indore, dated 5 September 1966, and for a writ of mandamus directing the General Manager, Hindustan Steel, Ltd. , Bhilai, to enforce the order of the labour court, Raipur, dated 28 April 1956.

( 2. ) THE material facts are these. The petitioner was employed as an upper division clerk in the Bhilai Steel Project with effect from 24 October 1956. On 27 September 1958, the project promoted 46 upper division clerks to the post of section assistants, in the higher pay-scale of Rs. 160-10-330, with effect from 20 September 1958 until further orders, and the petitioner Mahendralal was one of them. In the promotion order, it was directed that the seniority of the petitioner, who figured at serial No. 34 in the cadre of upper division clerks would be reckoned from the date of his regular promotion, i. e. , with effect from 27 September 1958, although the petitioner was already working as section assistant in an officiating capacity, on ad hoc basis, from 13 September 19














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