CW - 1577/1996 -R.S.R.T.C., Jaipur Vs. Mustaq Ali & Anr. Judgment dt.19.9.08 1/2 S.B. CIVIL WRIT PETITION NO.1577/1996 R.S.R.T.C., Jaipur Vs. Mustaq Ali & Anr. Date of order : 19th September, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Niten Ojha for Mr. P.K. Lohra for the petitioner. Mr. Vijay Mehta for the respondents. --------- Learned counsel for the petitioner submits that the controversy involved in the present writ petition is identical to the controversy involved in S.B. Civil Writ Petition No.748/1995 – R.S.R.T.C. Jaipur & Anr. Vs. Shri Mohd. Hayat & Anr. decided on 10.9.2008. The relevant part of the order is produced as under:- “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 the trade test it could have CW - 1577/1996 -R.S.R.T.C., Jaipur Vs. Mustaq Ali & Anr. Judgment dt.19.9.08 2/2 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.” Accordingly, the present writ petition is also allowed in light of the aforesaid decision. [ DR. VINEET KOTHARI ], J. item No.s/5 babulal/-