CW – 748/1995- R.S.R.T.C. Jaipur & Anr. Vs. Shri Mohd. Hayat & Anr. Judgment dt.10.9.08 1/3 S.B. CIVIL WRIT PETITION NO.748/1995 R.S.R.T.C. Jaipur & Anr. Vs. Shri Mohd. Hayat & Anr. Date of order : 10th September, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Bag Singh Bhati for the petitioners. Mr. Vijay Mehta for the respondents. --------- 1. Heard learned counsels. 2. This writ petition filed by the R.S.R.T.C. is directed against the order of Tribunal dated 17.8.1994 whereby the learned Industrial Tribunal allowed the application of the respondent Mohd. Hayat giving him the grade of Artisan Grade II in the pay scale of Rs.295-500 with effect from the date of his appointment i.e. 30.6.1978. The Tribunal drawing adverse inference against the petitioner R.S.R.T.C. found that the record relating to trade test was not produced before the Tribunal, therefore, the respondent was entitled to give the grade of Artisan Grade II in the pay scale of Rs.295-500. 3. It is contended by the learned counsel for the petitioner R.S.R.T.C. that the R.S.R.T.C. had contended before the Industrial Tribunal that unless the person concerned was found fit in the trade test, he could not be given the grade of Artisan Grade II but could be given only the grade of Artisan Grade III (Helper). He also contended that merely on the basis of decision of the Industrial Tribunal in another case i.e. IT No.9/82 dated 29.4.1987 for 3 other CW – 748/1995- R.S.R.T.C. Jaipur & Anr. Vs. Shri Mohd. Hayat & Anr. Judgment dt.10.9.08 2/3 persons, the same benefit could not be extended to the respondent employee. The learned counsel Mr. B.S. Bhati also submitted that the respondent had since been given the Artisan Grade II w.e.f. 4.3.1989 by way of promotion, he therefore, prayed that Tribunal had arrived at the said finding without any material on record and the impugned order deserves to be set aside. 4. On the side opposite, Mr. Vijay Mehta learned counsel appearing for the respondent submits that on account of failure on the part of R.S.R.T.C. to produce the result of the trade test, on the basis of the result of the decision in case of other similarly situated persons, the Industrial Tribunal has rightly drawn the adverse inference against the petitioner R.S.R.T.C. and the said finding of fact does not deserve to be disturbed by this Court in writ jurisdiction. 5. Having heard learned counsels, this Court is of the opinion that once it was contended before the learned Tribunal that unless the appropriate trade test is passed by the employee concerned merely because he worked on daily wages of Rs.8/- as Helper, he could not be straightway given the grade of Artisan Grade II and since the respondent employee had not passed the said trade test he could not be given the said grade of Artisan Grade II w.e.f. 2.7.1978 as claimed by him, the learned Tribunal could not straight away brush aside the said contention of the petitioner R.S.R.T.C. merely on account of failure of result R.S.R.T.C. to produce such recored. It ought to have summoned that record and only after verifying the said trade test result and finding that the respondent employee had passed CW – 748/1995- R.S.R.T.C. Jaipur & Anr. Vs. Shri Mohd. Hayat & Anr. Judgment dt.10.9.08 3/3 the trade test it could have awarded the Artisan Grade II to the applicant before the Tribunal. In the absence of the same findings of the Industrial Tribunal cannot be justified and sustained and the same are rendered perverse as the same has been drawn merely on account of failure on the part of R.S.R.T.C. to produce such record at the time of arguments. 7. In view of this, this writ petition is allowed and the impugned order dated 17.8.1994 is set aside. No costs. [ DR. VINEET KOTHARI ], J. item No.s.1 babulal/-