Writ petition concerning promotion from Boiler Operator II to Grade-I dismissed. The court held lack of interference justified as eligibility was insufficient for selection and hotel closure precluded compulsion to fill the post.
Writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
WRIT PETITION NO.529 OF 2005
Prakash Yeshwant Naik.
...Petitioner.
Vs.
M/s.Centaur Hotel & Anr.
...Respondents.
Mr.R.D.Bhat for the Petitioner.
CORAM : DR.D.Y.CHANDRACHUD, J.
March 2, 2005.
P.C. :
The case of the Petitioner for promotion
from the Grade of Boiler Operator II to Grade-I
which was the foundation of the complaint of unfair
labour practices has been considered in all its
perspectives by the Industrial Court. The post was
a selection post and the Industrial Court has
justifiably taken into consideration the ground
that mere eligibility is not a sufficient condition
for promotion. The Hotel was virtually closed for
a period of one year for undergoing renovation and
there was no compulsion to fill up the post. No
case for interference is made out. The Petition is
accordingly dismissed.
2 issues framed by the court
Whether the writ court can interfere with the Industrial Court's order dismissing a promotion complaint where eligibility was not sufficient for selection.
Whether the temporary closure of the hotel for renovation justified not filling the promotion post.
Prakash Yeshwant Naik
M/s.Centaur Hotel & Anr.
D.Y.Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court