IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 15510 of 2007(U) -------------------------- PETITIONER: ------------ RAMESH KOTTALICHALIL, ATTENDER, MEDICAL DEPARTMENT, COCHIN PORT TRUST. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS RESPONDENTS: ------------- 1. COCHIN PORT TRUST, REPRESENTED BY ITS SECRETARY, WELLINGDON ISLAND, KOCHI-9. 2. COCHIN PORT STAFF ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY, WELLINGDON ISLAND, KOCHI-9. 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO THE MINISTRY OF LABOUR, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR - R1& R3 SRI.A.M.SHAFFIQUE - R1 SRI.E.K.NANDAKUMAR - R1 SRI.JAYASANKAR A.K.- R1 SRI.ANIL D. NAIR - R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15510/2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE PROCEEDINGS OF ASST. LABOUR COMMISSIONER (CENTRAL), COCHIN 30 BEARING NO.2/39/2004/D2 DATED 31/05/2005. EXHIBIT P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE Ist RESPONDENT DATED 26/04/2007. /TRUE COPY/ P.A. TO JUDGE scm. V.GIRI,J. ------------------------- W.P ( C) No. 15510 of 2007 -------------------------- Dated this the 2nd July, 2008 J U D G M E N T Petitioner, who is working as an Attender in the Kochi Port Trust, aspires for promotion to Class III. It is common case that 20% of the posts of Shed Clerks in Class III are reserved to be filled up from the eligible class IV employees. As per the Recruitment Rules which stood prior to 26.9.1998, the educational qualification for a Shed Clerk was only S.S.LC and therefore petitioner would have been eligible for being considered for promotion to the post of Class III. The qualification was upgraded from SSLC to Graduation and this is resulted in petitioner being rendered ineligible for promotion to Class III post. 2. The matter was taken up as an issue by the Kochi Port Trust Staff Association, as evidenced by Exhibit P1 and therefore the question of providing a clause for the benefit of persons who were eligible for promotion as per the Rules which stood prior to the date W.P ( C) No. 15510 of 2007 2 of amendment was agreed to be referred to as an industrial dispute jointly by the Management as also the Union. Petitioner is aggrieved that thereafter steps have not been taken for referring this issue as an industrial dispute. In the meanwhile, petitioner has submitted Exhibit P2 before the Kochi Port Trust for considering him for promotion. 3. A counter affidavit has been filed by the Kochi Port Trust. It is contended that the Port Trust still does not have objection for an industrial dispute on this issue being referred as agreed under Exhibit P1, but the concerned Union has not come forward. 4. Learned counsel for the petitioner Sri. N.Sukumaran submits that persons similarly situated person were actually promoted in the year 2002 after the new recruitment rules came into force and therefore there is no reason why the petitioner should also not be considered for promotion in that regard. This aspect is brought to the notice of the Management and they may take a decision. W.P ( C) No. 15510 of 2007 3 In the result, the writ petition is disposed of in the following terms: i) First respondent shall take steps to jointly apply to the Government for reference of the dispute as noted in Exhibit P1, for adjudication under Section 10 (2) of the Industrial Dispute Act, provided the 2nd respondent makes a motion before the 1st respondent. ii) First respondent shall consider the petitioner's claim under Exhibit P2 and if the petitioner brings to the notice of the 1st respondent by supplementary representation to be filed within two weeks, the case of any other similarly situated Peon or Attender being promoted as Shed Clerk in spite of not being in possession of the upgraded qualification , that shall also be looked into and appropriate decision be taken within two months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 15510 of 2007 4 W.P ( C) No. 15510 of 2007 5