IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23334 of 2011(N) ------------------------ PETITIONER : --------------------- COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-682 009, REPRESENTED BY ITS SECRETASRY, MR.CYRIL C. GEORGE. BY ADVS. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH MENON RESPONDENT(S): ------------------------- 1. THE GENERAL SECRETARY, COCHIN PORT STAFF ASSOCIATION, WILLINGDON ISLAND, COCHIN-682 009. 2. THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, 38/377, A-2, KARITHALA LANE, KARSHAKA ROAD, ERNAKULAM, COCHIN-682 016. R1 BY ADV. SRI A.V.XAVIER R2 BY ADVS. SRI. P. PARAMESWARAN NAIR, ASGI SMT.GOVINDA P. RENUKADEVI, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 23334 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AWARD IN I.D. NO. 39 OF 2008 DATED 31.5.2011 PUBLISHED IN THE CENTRAL GOVERNMENT GAZETTE DATED 16.06.2011 PASSED BY THE 2ND RESPONDENT. EXT.P2 : COPY OF THE SENIORITY LIST OF ATTENDER/DAFTRY. EXT.P3 : COPY OF THE PRE-REVISED RECRUITMENT RULES. EXT.P4 : COPY OF THE BOARD RESOLUTION DATED 13.12.1999. EXT.P5 : COPY OF THE REVISED RECUITMENT RULES. EXT.P6 : PHOTOCOPY OF THE RESOLUTION NO. 135 (AGENDA ITEM NO. C-7). EXT.P7 : COPY OF THE CLAIM STATEMENT DATED 24.04.2009 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT IN ID 39/2008. EXT.P8 : COPY OF THE WRITTEN STATEMENT DATED 22.09.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN ID 39/2008. EXT.P9 : COPY OF THE LETTER DATED 13.02.2004. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23334 OF 2011 -------------------------- Dated this the 29th day of August, 2011 J U D G M E N T Ext.P1 award passed by the Central Government Industrial Tribunal, Ernakulam on 31.5.2011 in I.D. No.39 of 2008 is under challenge in this writ petition. 2. The respondent union raised a dispute regarding the denial of promotion to Sri.Ramesan Kottatichallil, Peon in the Medical Department of the Cochin Port Trust to the post of Shed Clerk against the quota reserved for Class IV employees. Promotion was denied to the concerned employee on the ground that he did not possess a degree. The Industrial Tribunal on an analysis of the evidence oral and documentary in the case held that the resolution adopted by the Board of Trustees on 13.12.1999 did not have retrospective effect from 26.9.1998 as claimed by the petitioner and that the said resolution amending the educational qualification did not have the approval of the Central Government. In other words, the Tribunal held on WPC No.23334/2011 2 the materials on record that the procedure prescribed for amending the regulations was not followed and therefore the resolution adopted on 13.12.1999 cannot be held out against the workman. The said finding is a finding of fact based on the materials on record and cannot be said to be perverse warranting interference under Article 226 of the Constitution of India. It cannot therefore be said that the declaration issued by the Tribunal that the workman concerned is entitled to promotion as Shed Clerk in the vacancy in which his immediate junior was promoted is illegal. I therefore find no merit in the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps