J U D G M E N T

Industrial Relations Officer is a Class I post in the Cochin Port Trust (Respondent No. 1). The method of appointment, qualifications etc. for the above post are prescribed in Ext. P1 rules. Though the post is notified as a selection post the method of appointment is by promotion from Welfare Officer with 3 years regular service in that grade. Direct recruitment is possible only if the method of promotion fails. Qualifications are given in column 8 of Ext. P1. The same reads:

“Master's Degaree in social work/Labour welfare/Personnel Management/Industrial Relations or Degree with Diploma in any one of the above subjects or Degree in Law with Labour laws as an elective subject Exp: 5 years in a managerial capacity dealing with Labour. Desirable: Knowledge of Malayalam.”

The petitioner is a Welfare Officer under the 1st respondent. He has approached this Court against the decision of the respondents to fill up the vacancy of Industrial Relations Officer by direct recruitment.

2. It is contended that the decision of the respondents to deny promotion to the petitioner despite his eligibility and qualification for the post is arbitrary, illegal and vitiated by malafides. Bes