this stand of the workmen was controverted by the mill and its case was that babulal parekh was from the very beginning appointed as store in charge.
the tribunal came to the companyclusion after a companysideration of the evidence produced that babulal was first appointed as an ordinary clerk in the stores department and was subsequently made a store incharge.
appeal by special leave from the award dated january 29 1957 of the industrial tribunal bihar at patna in reference number 7 of 1956.
thereafter ramkrishna prasad made a representation against his being made subordinate to the stores in charge.
one ramkrishna prasad was appointed as clerk in this mill in 1933.
on december 2 1952 anumberher order was passed by which ramkrishna prasad was ordered to hand over the keys of the stores to babulal parekh.
gradually he worked his way up and was drawing rs.
the workmen on the other hand companytended that babulal parekh was first appointed as a mere clerk under ramkrishna prasad to begin with and it was only on numberember 28 1952 that he was promoted over the head of ramkrishna prasad as a store in charge thus superseding ramkrishna prasad.
on numberember 28 1952 an order was passed by the mill distributing the duties between the various clerks employed in the stores department and it was stated therein that all the staff of the stores department would work as subordinate to babulal parekh.
this representation was rejected.
180 per menses.
he was also asked by anumberher letter to take charge immediately.
on october 4 1952 babulal parekh was appointed to this new post on a consolidated salary of rs.
civil appellate jurisdiction civil appeal number 402 of 1958.
k. ramamurthi r. k. garg a. n. nag and suresh aggarwal for the respondents.
a dispute was then raised by the union and a reference was made by the government of bihar on may 9 1956 in which the following three matters were referred to the tribunal whether the status of workman sri ramkrishna prasad store keeper and the nature of the job performed by him has been changed to his prejudice with the appointment of a separate store in charge whether in view of the satisfactory performance of duties of store keeper for the last 20 years by the above named workman it was at all necessary to appoint a separate store in charge over him with higher emoluments and whether shri ramkrishna prasad is entitled to be appointed to the post of store in charge and whether the claim of the above named workman for promotion to higher grades has been overlooked by the management and if so what relief the workman is entitled to.
when the matter came up before the tribunal the main contention on behalf of the mill was that it was exclusively the management function to decide its labour strength both qualitatively and quantitatively and that so far as ramkrishna prasad was companycerned his position had number been prejudicially affected by the creation of the new post of a store in charge.
a letter of appointment was issued to him on that date and he was told that he would be on probation for one year.
he took charge on october 7 1952.
the mill created a new post of store in charge about that time as the work in the stores department of the mill had increased.
sukumar ghose for the appellant.
p. varma for the intervener state of bihar .
140 per month in october 1952.
march 9.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal by special leave against the award of the industrial tribunal patna.
the appellant is a sugar mill in district saran in the state of bihar.
