JUDGMENT :

Gajendragadkar, J.

1. In November 1959, the appellant ?Brooke Bond India Ltd. promoted two clerks Sankara Narayanan and Natarajan from Grade ?A? to Grade ?B?. Sankara Narayanan was recruited in the services of the appellant on November 5, 1944, whereas Natarajan was recruited in the middle of September 1944. Mr Mani had been recruited by the appellant on July 31, 1944, and in length of service, he was senior to Sankara Narayanan and Natarajan. Mr Mani however was not promoted. The failure of the appellant to promote Mani from Grade ?A? to Grade ?B? has given rise to the present dispute between the appellant and its workmen.

2. Another dispute was also referred to the Tribunal and that was in respect of the transfer of Mr Nair one of the employees of the appellant. The Tribunal held that the transfer of Nair was justified and so the reference was answered against the workmen on that point.

3. In regard to the complaint made by the respondents workmen on behalf of Mr Mani, the Tribunal has held that the appellant was not justified in refusing to promote Mr Mani and it has accordingly directed the appellant to promote him to Grade ?B? with effect from April 1, 1959. The award