1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1881/1994 (R.S.R.T.C. & Ors. Vs. Industrial Tribunal & Anr.) Date of order : 07.01.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. P.K. Lohra, for the petitioners. Mr. Mahesh Bora, for the respodnent No.2. By way of filing the present writ petition, the Rajasthan State Road Transport Corporation has challenged the award dated 31.10.1992 passed by Judge, Labour Court, Udaipur whereby the Judge, Labour Court has held that since 16 workmen whose cause has been sponsored by the Union, came to be absorbed and promoted on the post of Artisen Grade-III (Helper) w.e.f. 1.10.1976 and since all of them were senior to four promotees namely A.K. Cheriyan, Jamuna Prasad, Sukhdev and Sunder Lal, therefore, they are entitled to be promoted on the post of Artisen Grade-II w.e.f. 2 18.9.1978 – the date on which Shri A.K. Cheriyan was promoted on the said post. The Judge, Labour Court has further directed the corporation to prepare and publish the seniority list and also held that 16 workmen after their promotion to the post of Artisen Grade-II will also be entitled to get all consequential benefits and awarded Rs.1000/- as cost from the Corporation. Learned counsel for the petitioner vehemently argued that the Judge, Labour Court has committed an error while treating 16 members of the respondent Union at part with the four persons who were promoted on the post of Artisen Grade-II. Those four persons namely A.K. Cheriyan, Jamuna Prasad, Sukhdev and Sunder Lal were having different trades and qualifications and their case was considered in accordance with the regulations and they were granted the benefit of promotion and facts of these persons were submitted before the Judge, Labour Court but the Judge, Labour Court has treated 16 workmen claimant entitled for same benefits for promotion on the post of Artisen Grde-II, which is awarded to above four persons. Learned counsel for the petitioner submitted that for the post of Artisen Grade-II the service record is required to be considered by the Corporation and after due satisfaction if any person is found efficient in discharging duties can be promoted to the post of Artisen Grade-II. Therefore, the Judge, 3 Labour Court has committed an error while treating the claim of 16 members of the respondent Union at par with above four persons who were granted promotion on the post of Artisen Grade-II. On the other hand, learned counsel for the respondent vehemently argued that admittedly these four persons were juniors to the members of the respondent Union and they were also appointed in the same cadre upon which 16 members of respodnent Union were appointed, therefore, the Judge, Labour Court after considering entire facts of the case has arrived at with the finding and passed an order for considering their case for promotion to the post of Artisen Grade-II at part with their junior persons who were already promoted. The finding of fact arrived at by the Judge, Labour Court on the basis of material evidence on record cannot be interfered with while exercising power under Article 227 of the Constitution of India. Admittedly, these four persons who were promoted were juniors than the 16 members of the respondent Union, therefore, it was the duty of the Corporation to first issue the seniority list and the case of 16 members of the respondent union for promotion to the post of Artisen Grade-II was to be considered. The Corporation on the ground that initially 16 members of the respondent union were appointed on the post of Cleaner and 4 persons who were promoted to the post of Artisen Grade-II were 4 appointed as Helper denied the promotion but infact the promotion to the post of Artisen Grade-II can be made from the persons holding the post of Cleaner as well as Helper. Therefore, the Judge, Labour Court has rightly passed an order which does not require any interference by this Court. I have considered the rival submissions made by both the parties. It is not disputed before this Court that four persons who were promoted to the post of Artisen Grade-II were junior to the 16 members of the respondent Union, so also, it is found at the time of adjudication that the post of Cleaner and the post of Helper is in the same cadre from which promotion can be give to the post of Artisen Grade-II, therefore, it was the duty of the Corporation to consider their case also for promotion but it has not been done, therefore, the Judge, Labour Court has rightly passed an award for considering the candidature of 16 members of the respondent Union for promotion to the post of Artisen Grade-II. I see no reason to interfere with the impugned award passed by Judge, Labour Court after considering the record and evidence for considering the case of 16 members of the respondent Union for promotion to the post of Artisen Grade-II at par with the junior person while exercising the power under Article 227 of the Constitution of India. Thus, there is no force in the writ petition. Accordingly, the writ petition is 5 dismissed. However, the petitioner Corporation is directed to consider the candidature of 16 members of the respondent Union who were admittedly senior then the four persons named above at the time of their promotion to the post of Artisen Grade-II and pass an order in accordance with the Regulations of the Corporation within a period of six months from the date of this order as ordered by the Judge, Labour Court, Udaipur. (GOPAL KRISHAN VYAS), J. arun