TMI Blog1989 (8) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... The Tribunal by judgment dated August 7, 1987 allowed his claim which has been challenged in this appeal by leave. 2. Council of Scientific and Industrial Research is a society registered under the Societies Registration Act. It is appellant No. 1 in this appeal. The Director of Central Food and Technological Research Institute at Mysore is appellant No. 2. They are hereinafter together called as 'the appellant'. The appellant has framed certain bye-laws for regulating promotion of technical and scientific staff. One such bye-law is bye-law 71(b)(ii) which expressly does not cover the case of civil engineers. The Tribunal, however, extended the benefit of that bye-law to respondent-1 also. It directed the appellant to consider hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assified as under : (i) Scientific (ii) technical; and (iii) administrative. This latter classification resulted in the elimination of supporting staff (class IV) and the category of 'auxiliary technical'. It is not disputed that the civil engineers were categories as auxiliary technical' under the first classification, but under the latter classification, they were brought under the 'administrative' category. The exclusion of their cadre from the scientific or technical category and bringing them under the 'administrative' category led to a wave of protests and representations. The question was also raised in the Parliament about the injustice done to the civil and structural engineers. On August 3, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive accelerated promotion to scientific and technical officers as an incentive for them and it cannot be extended to others who are doing routine administrative work. 8. It seems to us that the submission of counsel for the appellant is not unjustified. Apparently the bye-law governs only the promotion of junior scientific and technical staff grade-II who are engaged in the scientific work. One who is engaged in the scientific work is alone entitled to the benefit of the bye-law. It is a necessary qualification for being considered for accelerated promotion. A person who is not engaged in the scientific work, therefore, stands excluded from the bye-law. In other words, it has no application to the staff who are doing administrative wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t fails to develop a satisfactory procedure for promotion is bound to pay a severe penalty in terms of administrative costs, misallocation of personnel, low morale, and ineffectual performance, among both no managerial employees and their supervisors . (See : Personnel Management by Dr. Udai Pareek p. 277). There cannot be any modern management much less any career planning, man-power development, management development etc. which is not related to a system of promotions. (See : Management of Personnel in Indian Enterprises by Prof. N.N. Chatterjee, Chap. 12 p. 128). The appellant appears to have overlooked this basic requirement of management so far as respondent-1 was concerned till N.R. A.S. was introduced. 10. Respondent-1 has alle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India and in Kamal Kanti Datta v. Union of India . There, this Court observed that the Tribunal should decide disputes as to service matters without being tide down to strict rules of evidence. In fact Sub-section (1) of Section 22 of the Administrative Tribunal Act, 1985 provides that a Tribunal shall not be bound by the procedure laid down in the CPC, 1908. but shall be guided by the principle of natural justice, etc. Section 27 provides finality to orders of the Tribunal. Section 28 excludes the jurisdiction of courts except the Supreme Court, or any Industrial Tribunal, Labour Court. 12. But this Court under Article 136 exercises power only when there is supreme need. The decision on individual disputes of seniority, promotion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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