IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 4889 of 2009 Date of Decision: 27.3.2009. Surinder Singh --Petitioner Versus State of Punjab & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.S. Manhas, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. B.S. Chahal, DAG, Punjab accepts notice on behalf of the respondent-State. Equal number of complete paper books be furnished to him during the course of the day. The petitioner is working as Beldar since 1987. He is claiming promotion to the post of Dumper Operator, which is said to be lying vacant. Earlier the petitioner raised an industrial dispute under Section 10(1) C of the Industrial Dispute Act, 1947 for promotion to the post of Dumper Operator. The Tribunal vide its award dated 8.8.2003 disposed of the matter with the observation that management may consider the case of the petitioner if any post exists and in view of the service record of the petitioner. It is stated on behalf of the petitioner that at the relevant time there was no vacancy but now a number of posts are available and thus, the petitioner is entitled to be promoted as Dumper Operator. The petitioner has also served legal notice dated 23.12.2008 (Annexure P-5) but no decision has been taken thereon till date. CWP. No. 4889 of 2009 -2- Learned counsel for the petitioner submits that the petitioner will be satisfied, if, a direction is issued to the respondents to take decision on the legal notice of the petitioner. In view of the above circumstances, this petition is disposed of with a direction to respondent no.2 to take decision on the legal notice of the petitioner within a period of three months from the date certified copy of this order is served upon the competent authority. If, the petitioner is found entitled to the promotion, the same may be granted to him. However, in the event, the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order. (PERMOD KOHLI) JUDGE 27.3.2009 lucky