- (1.) This is an intra Court appeal filed by the respondent of W.P. No.4334/1998 under Rule 134 of the Rajasthan High Court Rules against an order dated 22.10.2009 passed by Single Judge in aforementioned writ petition.
(2.) Facts of the case are these.
(3.) The short dispute that arose between the parties to the appeal was in relation to the promotion of the respondents on a particular post. The appellant is a State whereas the respondents are the persons working with the State in its one of the department. It is to resolve this dispute that the case was referred to the labour Court under Section 10 of the Industrial Disputes Act. The labour Court answered the reference against the respondents and in favour of the appellant (State). The respondents therefore felt aggrieved and filed the writ petition against the said award out of which this intra Court appeal arises. The Writ Court allowed the writ petition and answered the reference in favour of the respondents i.e. employees in following terms. The concluding para of the writ Court decision runs as under. "For the reasons stated above this petition for writ deserves acceptance, and therefore, the same is allowed. The award dated 13.8.1998 passed by the Industrial Disputes Tribunal cum Labour Court, Jodhpur is quashed. The reference made by the appropriate government by the notification dated 28.10.1991 is answered in the terms that the employer Chief Engineer, Indira Gandhi Nahar Pariyojana, Bikaner and Executive Engineer, Indira Gandhi Nahar Pariyojana, 28 Division, Phalodi were not justified in denying the consideration for promotion to the workmen S/Sh. Peerdah Singh, Rameshwar, Sewaram, Man Singh, Khet Singh, Jagannath Prashad, Laxman Ram and Prithvi Singh (represented by Secretary, Indira Gandhi Nahar Rashtriya Mazdoor Union Suratgarh, Branch-Nachna, Jaisalmer). The workmen are further declared entitled to be considered or promotion as Supervisor Gr.I/Store Munshi from the date the persons junior to them were promoted i.e. 24.8.1985. The petitioners are also declared entitled for all consequential benefits including consideration for promotion to the next higher post. However, pay fixation in the event of grant of promotion may be made on notional basis";