[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 398 of 1999 RAJ. STATE ELECT. BOARD & ANR V/S GHASHI KHAN & ANR Mr. LM LODHA, for the appellants. Mr. HS SEKHAWAT ON BEHALF OF Mr.RS SALUJA, for the respondent Date of Judgment : 6.8.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. JUDGMENT -------- BY THE COURT (PER HON'BLE GUPTA, J.): Heard learned counsel for the parties. This appeal has been filed against the order of learned Single Judge dated 01.02.1999, dismissing the writ petition of the appellants. The necessary facts are, that a reference was made to Labour Court, on the question, as to whether denial of permanent scale to the workman since 01.04.1982, is proper or not? On this reference, claim was filed by the workman, alleging, that the permanent scale was to be given, on the basis of seniority, while three persons junior to him were given the scale, and the workman was denied. [2] The claim was contested, on the ground, that a Screening Committee was constituted, for screening the workmen, for being considered eligible for giving the permanent scale, and in that screening, respondent workman failed, and did not come to be selected, and thereafter, when he was selected in the year 1987, he was given the pay scale from the date of his selection. The workman has claimed that he is entitled to be given the scale w.e.f. 01.04.1982. Against the Award, the writ petition was filed by the employer, which has been dismissed as above. On 01.04.1999, when the appeal came up for consideration, the notices were ordered to be issued, and appeal was directed to be posted, along with D.B. Special Appeal No.828/1998. It appears that, thereafter, somehow or the other, the appeal did not remain tagged with the said appeal, however, as per the marginal note, on this file, dated 08.08.2003, it was noted that SAW 828/1998 had already been decided. The learned counsel for the appellants relies upon the judgment rendered by Division Bench on 22.11.2001 in the said appeal No.828/1998. Learned counsel for the respondent workman, on the other hand, submits that the decision in Sri Nath Rai's case is distinguishable from the case in hand, inasmuch as, [3] in that case, the employee was earlier not considered, on the ground of being age barred, which is not the case in the case in hand. Likewise, it is also contended, that in case in hand, an application was filed by the workman to requisition the proceedings, of the Screening Committee, of the year 1982, but they were not produced. We have considered the submissions, and have gone through the judgment in SAW 828/98 - RSEB Vs. Sri Nath Rai, and find, that in the said judgment a definite logic has been given by the Division Bench, being that on consideration by the screening committee, if a person is not adjudged suitable, and if he is again subjected to screening, and in the subsequent screening he is adjudged suitable, then he cannot be put at par, with the persons, who had been adjudged suitable on the earlier occasion, when the workman concerned was not adjudged suitable. In our view, logic is sound, and does very much cover the case in hand. It may be observed, that in the present case, the correctness, legality and propriety of the earlier screening proceedings of the year 1982 were not under challenge, in the claim petition, rather, plain and simple claim was to the effect that the scale was to be given, on the basis of seniority, while three persons junior to the workman have been given permanent scale, which is bad. As against this, it is clear, that it is not a case of giving permanent scale, simply on the basis of seniority, but was [4] to be given, and was given, consequent upon the concerned workman being adjudged suitable, by the screening committee. In view of above, following the judgment rendered in Sri Nath Rai's case, we allow this appeal and set aside the impugned judgment and Award, and answer the reference against the workman, holding that the workman was rightly given the benefit of permanent scale since 17.09.1987. (KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. jpa/