1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. WRIT PETITION No. 936 OF 2009 (Ashok Ramchandra Gomase .vrs. M.S.R.T.C ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Cou rt's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Smt. Vasanti A. Naik, J. DATE : 15 th APRIL, 2009 By this petition, the petitioner impugns the orders passed by the Industrial Court on 09.02.2009 dismissing the complaint filed by the petitioner under Section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971. According to the petitioner, he was appointed as a Driver by the respondent in the year 1978 and after passing the promotional examination, he was promoted from the post of Driver to the post of Vehicle Examiner. It was the case of the petitioner 2 before the Industrial Court that there were two channels for promotion available to a Driver and a Driver could have been promoted either as a Assistant Traffic Inspector or as a Vehicle Examiner. The petitioner therefore, requested the respondent by a communication dated 10.11.2003 for re-categorization from the post of Vehicle Examiner to the post of Assistant Traffic Inspector. The request of the petitioner was granted and he was categorized as Assistant Traffic Inspector by a communication dated 03.08.2004. The re- categorization was however cancelled by the respondent by an order dated 26.10.2005. According to the petitioner, the respondent could not have cancelled the order of re- categorization. The respondent opposed the claim of the petitioner and pleaded that as per GSO 503, the necessary qualification for 3 appointment on the post of Assistant Traffic Inspector was a Bachelors Degree from a recognized University. The respondent pleaded that the petitioner was working on technical side as a Vehicle Examiner, whereas the post of Assistant Traffic Inspector was a non-technical post. According to the respondent, the re- categorization was wrongly granted to the petitioner by an order dated 25.10.2004 and after realization of the mistake the order of re-categorization was cancelled by the order dated 26.10.2005. The Industrial Court Nagpur was perfectly justified in dismissing the complaint filed by the petitioner by the impugned order dated 09.02.2009. It is not the case of the petitioner that he was duly qualified to be appointed on the post of Assistant Traffic Inspector. The submissions made on behalf of the petitioner that the 4 qualification prescribed in GSO 503 is necessary only at the time of direct recruitment and is not necessary when a driver is promoted to the post, is ill founded and is liable to be rejected. The Industrial Court considered the fact that the petitioner was not qualified to hold the post of Assistant Traffic Inspector and therefore, was rightly placed on the post of Vehicle Examiner by the order dt. 26.10.2005. The Court also considered the fact that the post of Vehicle Examiner was a post on technical side and the post of Assistant Traffic Inspector was a non technical post for which the educational qualification prescribed in GSO 503 was necessary. The order passed by the Industrial court cannot be faulted with. The Writ Petition is devoid of merit and is dismissed, with no order as to costs. JUDGE Rgd