ORDER
S.J. Mukhopadhaya, J.
1. The petitioner, a workman, has challenged the Award dated 26th July, 1999 passed by the learned Presiding Officer, Labour Court in Reference case No. 13/94.
2. There appears to be industrial dispute raised between the Management of M/s. Bharat Refractories Ltd., Bhandardih and their workman Bhola Prasad Sahu, petitioner. The competent Government, vide Notification No. 4/02-1304/93-L&E-331, dated 10th February, 1994 made the following reference :– “Whether not to promote Shri Bhola Prasad Sahu, Lathe Operator in Chargeman Grade III ? If not what relief he is entitled to ?”
3. The learned Presiding Officer, vide impugned Award dated 26th July, 1999 while discussed the case and took into consideration the evidence held that the case, in question, is not of promotion, but of appointment by selection process through internal circular so the industrial dispute was not fit to be adjudicated and not sustainable.
4. The counsel for the petitioner rightly pointed out that the finding to that effect given by the learned Presiding Officer is erroneous and wrong.
5. However, from the said finding given by the Presiding Officer, it will be evident that the respondents brought on record, the evidence that the case of the petitioner was considered by a Selection Committee of four persons duly constituted by the Company and after interview the petitioner was not found suitable for appointment for the post of Chargeman Grade III (Mech.), the marks secured by the petitioner was also less than other candidates who were appointed and there was no any evidence of bias attitude by any member of the Selection Committee.
6. In the aforesaid background, even if last part of the finding at Paragraph 20 to the Award dated 26th July, 1999 is erroneous, the writ petition cannot be allowed in favour of petitioner, he having declared unfit and having obtained lessor marks than those who have been appointed.
7. Further, it will be evident that the learned Presiding Officer has already directed the Management to consider the case of the petitioner for promotion/appointment to the post of Chargeman Grade III (Mech.) against future vacancies on the basis of preference,
8. I find no reason to interfere with the Award in question. The writ petition is dismissed.