SBCWP5783/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5783/1997 Assistant Engineer Mechanical Sub Division Kota and Another Vs. Shri Santosh Kumar and Another Date of Order ::: 25.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri S.D. Khaspuria, Additional Government Counsel for petitioners Shri Govind Gupta for Shri M.F. Baig, Counsel for respondent #### By the Court:- Heard learned counsel for parties. This writ petition has been filed by petitioners aggrieved by Award dated 12.03.1996 of Industrial Tribunal, Kota, by which, while answering reference on the question of entitlement of respondent-workman to pay scale of Rs.370-590 from the year 1978, learned Industrial Tribunal held him entitled to said pay scale. Shri S.D. Khaspuria, learned Additional Government Counsel appearing for petitioners, asserts validity of impugned Award on the grounds; first, the reference was sought to be raised with delay of 12 years and despite the SBCWP5783/1997 // 2 // question of delay being made part of terms of reference, learned Industrial Tribunal has not given any finding thereon on one way or the other; secondly, it is contended that Industrial Tribunal held respondent entitled to the pay scale No.8 of the post of Smith, even though he could not show whether he had qualification of matriculation with three years experience or ITI diploma with two years experience, which was requirement for promotion under the Rules. A perusal of impugned Award shows that Industrial Tribunal was although conscious of this argument but did not accept the same because no rule was cited by petitioners before it. The question of delay has also not been correctly analyzed by the Tribunal although it was a specific part of term of reference whether such an issue could be raised with a delay of 12 years. The Tribunal has thus not satisfactorily rendered the Award and therefore it is liable to be set aside. In the result, this writ petition is allowed. The matter is remanded back to the Industrial Tribunal, Kota, where petitioner would be at liberty to produce receipts before the Tribunal. The Tribunal is also expected to SBCWP5783/1997 // 3 // give clear finding on the question of delay, Because the Tribunal, while awarding ultimate relief in the present matter, despite there being delay, has awarded complete arrears. This matter may be given priority over any other matter that may have been referred thereto prior to notification of reference made in this case. (Mohammad Rafiq) J. //Jaiman//