Chapter: 2.4.4 Promotion and Seniority in the M.R.T.U.P.U.L.P.

Promotion and Seniority

• In the case,
Shiva Rama Salia
V
Voltas Ltd.
1991 II CLR 457 (Bom. HC)

• The Unfair Labour Practice being under item 4(c) and (d)' of Schedule II of MRTU and PULP Act ' 1971, it was seen that, mere seniority is not the criteria for promotion, Such considerations as good conduct and potential for advancement have to be taken into account.
• The Company had not used the circumstances, that the petitioner had engaged for more time in union activities to deny promotion to the petitioner.
• The High Court observed that, 'the material on record does', not, prove that company has discriminated petitioner against employees on ground of membership in union.
• In fact, there is no other union in the company.
• Then no credible evidence on record to show that company refused to promote first petitioner to higher post on account' of his union activities."