IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.3828 of 2009 Date of decision : 22.2.2011 Joginder Singh ....Petitioner Versus The Presiding Officer, Central Govt. Industrial Tribunal-cum-Labour Court-II, Chandigarh and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : None for the petitioner. Mr.I.P.S.Doabia, Advocate for respondent No.2. ..... MAHESH GROVER, J. The instant writ petition is directed against the award of the Tribunal dated 31.1.2008, The case of the petitioner is that he was employed as part time Field Messenger in the Nandpur Kotla Branch of the State Bank of India, and since he had not been paid the wages, he raised a claim under Section 33-C(2) of the Industrial Disputes Act, 1947, which matter was compromised and he was offered permanent appointment w.e.f. June 1986. The petitioner was matriculate at the time of joining the service but his claim for being taken into the clerical cadre was not being considered. Eventually his representation to that effect was accepted and he was asked to appear C.W.P.No.3828 of 2009 -2- in the promotional test held on 12.7.1992, which test he passed and figured at Sr.No.7 of the list. He subsequently appeared in the interview and was placed at Sr.No.7 of the merit list. The number of candidates was also 25 but despite the fact that promoted candidates were 25, he was not given the promotion. Aggrieved by this action of the respondents he raised a demand and after the conciliation proceedings he sought a reference which was forwarded by the State Government to the Tribunal which has since rejected his claim and the aforesaid rejection of his claim by the Tribunal is the cause of grievance of the petitioner in the instant writ petition. Upon notice of motion, reply has been filed by the respondents and they have denied the averments made in the petition. They have contended that the petitioner was never placed at Sr.No.25 after he had competed the written examination but his name certainly appeared at No.7 of the list issued which was on the basis of the roll numbers of the candidates appearing for the said examination. The roll number list had been compiled in an ascending form and thereafter the list pertaining to the merit of the candidates after the interview was released and the name of the petitioner appeared at Sr.No.29. The last person selected was Ram Sarup at Sr.No.25 who obtained 76.50 marks as against 75 marks obtained by the petitioner. The original award list prepared by the respondents has been perused by this Court which conforms to the stand taken by the respondents in their reply. There does not seem to be any suspicion with regard to the original record produced before this Court. C.W.P.No.3828 of 2009 -3- Having perused the records, I am satisfied that the claim of the petitioner is under an erroneous impression and there is no infirmity in the findings recorded by the Tribunal. No ground to interfere. Dismissed. 22.2.2011 (MAHESH GROVER) JUDGE dss