Bombay HC: Employees accepting promotions on a grade-wise basis without protest are estopped from challenging the same

In a recent decision, the Bombay High Court addressed the issue of promotions for Artisan Staff employees in the Indian Navy. The court held that employees who had accepted promotions on a grade-wise basis without protest are estopped from challenging the same.

Background of the Case

The Ministry of Defence (MoD) created a grade called Master Craftsman in the Artisan Staff in 1982. In 2010, the MoD issued an Office Memorandum (OM) suggesting trade-wise promotions for the posts of Master Craftsman (Artisan Staff) and grade-wise promotions for Technical Staff.

However, the promotion of Technical Supervisors was based on trade-wise seniority, while the promotion of Artisan Staff was based on grade-wise combined seniority. This resulted in a shortage of Master Craftsman posts for promotion, leading to some employees being directly promoted from the post of Artisan Staff to Technical Supervisor. This skipped the post of Master Craftsman and deprived employees of an extra pay increment.

The employees’ requests for trade-wise seniority in promotions were rejected by the Admiral Superintendent, Naval Dockyard. They then filed applications before the Central Administrative Tribunal (CAT), seeking trade-wise seniority for promotions. However, the CAT dismissed these applications, prompting the employees to file a writ petition before the Bombay High Court.

Arguments of the Employees and Employers

The employees argued that promotions for Artisan Staff should be based on trade-wise seniority due to the different nature of work in each trade. They claimed that the promotion practices followed by the Naval Dockyard were unfair and resulted in financial loss by depriving them of an extra pay increment. They also highlighted that promotions for Technical Supervisors were conducted based on trade-wise seniority, while the same approach was not followed for Artisan Staff promotions.

On the other hand, the employers contended that the Naval Dockyard had historically followed a system of promotions based on grade-wise seniority. They argued that the promotion policies in place, including the OM, did not mandate promotions based on trade-wise seniority. The employers further claimed that the employees took an unreasonably long time to challenge the promotion practices, which prejudiced the employers and disrupted the established seniority list.

Bombay High Court’s Decision

The Bombay High Court observed that a significant number of employees had already been promoted based on grade-wise seniority without objection, indicating their acceptance of the promotion practices. The court also noted the delay of six years in filing the petition and deemed it unreasonable, as it prejudiced the employers and disrupted the established seniority lists.

The court interpreted the Office Memorandum dated June 14, 2010, as not mandating promotions based on trade-wise seniority. It found no evidence of prejudice or discrimination resulting from promotions based on grade-wise seniority. Therefore, the court upheld the promotion policies as consistent with historical practices.

The court further observed that most of the employees had already been promoted and accepted the current system. Out of 25 employees, 13 had already moved from the post of Artisan Staff to the post of Technical Supervisors based on trade-wise promotion. The majority of the remaining employees had also been granted promotion on a grade-wise basis.

Based on these observations, the court held that the employees had accepted the promotions without protest and were thus estopped from challenging the same. The court upheld the CAT’s dismissal order, as it agreed with the tribunal’s reasoning that the petitioners failed to demonstrate any policy violation or injustice.

Conclusion

In conclusion, the Bombay High Court dismissed the writ petition filed by the employees challenging the promotion practices for Artisan Staff in the Indian Navy. The court held that employees who had accepted promotions on a grade-wise basis without protest are estopped from challenging the same. The court found no evidence of prejudice or discrimination resulting from the promotion policies and upheld them as consistent with historical practices.