IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.803/1998 The Rajasthan State Road Transport Corporation through its Managing Director Vs. Mahasachiv, Rajasthan State Roadways Majdoor Congress (INTUC) and Another Date of Order ::: 25.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Mukesh Verma, Counsel for petitioner #### By the Court:-
Heard learned counsel for petitioner.
This writ petition has been filed by petitioner Rajasthan State Road Transport Corporation. Even though before Industrial Tribunal, it failed to contest the claim made by the Union on behalf of workman concerned Raghunath. The Tribunal in impugned Award has reproduced Para 4(Ka) of statement of claim in which it was specifically pleaded that said workman never worked on the post of Tyre Fitter in the Engineering Department ever since his appointment and the fact that he was working on the post of Fitter in General Administration Department in Civil side.
Learned counsel for petitioner however now would argue that even if the petitioner did not contest that factual plea set up by the Union in the statement of claim, the Tribunal at the maximum could have granted benefit of minimum pay scale of the post from the date of raising the dispute but it has granted pay scale of Rs.370-590 and consequential benefits right from the date of appointment. Such a plea cannot be accepted now at this stage for the first time before this Court when no such plea was set up by the petitioner before the Tribunal. When this fact has not been disputed by petitioner that workman concerned ever since the date of his appointment was discharging the duties of Fitter in the General Administration Department in civil side, why should he be deprived of the salary applicable to that post? This was the question which has been precisely answered by the Tribunal and in my view rightly.
I do not find any merit in this writ petition and the same is accordingly dismissed.
(Mohammad Rafiq) J.
//Jaiman//