1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6531/02 Madan Lal Rajoriya vs. State & Ors. Date of order : 2/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri M.F. Baig for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed with the prayer that the respondents be directed to implement the award passed by the Industrial Tribunal dated 30.11.1988 and carry out the direction contained therein. The Tribunal in the award while answering the reference on industrial dispute held that action of the respondents in not granting the scale of Mechanic Gr.I from the date of his initial appointment was illegal and therefore directed the respondents to treat the appointment of the petitioner having been made on the aforesaid date and grant to the petitioner benefits of Rajasthan Civil Service (Revised Pay Scale) Rules, 1983 and 1987. Shri M.F. Baig, learned counsel for the petitioner has submitted that even the writ 2 petition filed by the respondents against the aforesaid award was dismissed by this Court on 21.2.2004. The award of the Labour Court has thus attained finality. Shri Zakir Hussain, learned Addl. Govt. Counsel opposed the writ petition and submitted that the award passed by the Tribunal was based on mis-interpretation of law and it has not been correctly decided. Learned counsel sought to argue that the Labour Court has gone contrary to the provisions of Rajasthan Engineering Subordinate Rules, 1967 according to which the post of Mechanic-I can be filled 25% by direct recruitment and 75% by promotion. IT was therefore argued that the petitioner could not be granted the desire reliefs. If what is contended by the respondents is accepted, this would tantamount to questioning correctness of the award of the Tribunal, whereas their writ petition challenging award itself has been dismissed by this Court and thereafter the restoration application was also dismissed. Nothing has been brought on record to show whether any challenge was made to the judgement of the 3 Single Bench. In the face of these facts, the respondents are directed to implement the award passed by the Industrial Tribunal dated 30.11.1988 and grant all the benefits to the petitioner within three months from the date copy of this judgement is produced before them. The writ petition is accordingly allowed. (MOHAMMAD RAFIQ), J. RS/