were 23 vacant posts in the corporation. Admittedly, the posts of driver operators is promotional post. As per that authorities relied by counsel for respondents reported in State of Punjab & Anr. Vs. Subash Chander Oberoi the transfer order specifically stipulated that the employees shall be paid salary in the scale he was working. He accepted the same without objection. Subsequent claim of requisition to higher post is not maintainable. So the complainants were transferred to Fire Brigade Department accepted their transfer as driver, they did not raise any objection and worked there for year together. Later on, they accepted time bound promotion and regular promotion was given by the employer. Hence, now they cannot claim the benefits of higher post from the date of their transfer. For giving promotion seniority list is to be maintained and as per the seniority promotions are given. The witness examined by complainants Nandkumar Haribhau Gore retired Station Officer deposed that he was taking the work of driver operator from the complainants and the complainants were fully eligible for the post of driver operator. He admitted that Fire Fighting Vehicle is specialized vehicle and it requires training of 3-4 days for work of drivers operators. This person got the work done from the complainants of driver operator that does not mean that they were eligible for that promotion. Had the complainants demanded the post of driver operator immediately after their transfer to Fire Brigade Department, then the respondents might have follow the procedure for the promotion to that post, the day on which the complainants were transferred to the post of driver operator, they were not eligible for that post. Their appointments were not on that post. As per the seniority, they were not even eligible for the promotion. To direct the respondents to absorb or regularize the complainants on the posts of driver operator amounts to interference by the Court in the process of selection. The senior drivers who were also eligible for the promotion of driver operator in the year 1995-96 were also required to be given opportunity, if those posts were to be filled. If the complainants are absorbed for the post of driver cum operator from the day, they were transferred to Fire Brigade Department, then it will cause serious prejudice to the drivers, who were senior to the complainants on that day. The complainants by filing this complaint want absorption to promotional post without following process required for the promotion and they also wants to supersede who were seniors to the complainants and were entitled for promotion before the complainants. So if the complainants are given the benefit of higher post from the year 1995-96, then it would be injustice on the person who were seniors to the complainants. So in my view the complainants failed to prove that they were entitled for the promotional posts of driver cum operator in the year 1995-96 as they were working in Fire Brigade Department. Hence, there is no case of discrimination proved by the complainants on the part of the respondents. Moreover, the complainants after getting the promotion started demanding the promotional posts from the year 1995-96. Hence, there is no unfair labour practices proved
