JUDGMENT

S.C. AGRAWAL, J. :- These appeals by special leave are directed against the judgment of Rajasthan High Court dated August 25, 1984 in Special Appeals Nos. 288/80, 96/81 and 300/80 whereby the Division Bench of the High Court has affirmed the order of learned single judge dated April 20, 1980 allowing Writ Petitions (Civil) Nos. 1888/73, 253/74 and 1047/74 and setting aside the award of the Judge, Labour Court Rajasthan dated February 24, 1972.

2. The facts, briefly stated, are as follows:

3. The appellant was appointed as a Canner in the Public Works Department of the Government of Rajasthan with effect from February 13, 1953. In the said department there are two posts of Supervisors ( one is Supervisor, Workshop, Furniture Store and the other is Supervisor Workshop, Mechanical Sub-Division. One Bhairon Bux, who was working as Supervisor, Workshop, furniture Store, retired on July 1, 1967 and on his retirement Tarachand, L.D.C., was promoted as officiating Supervisor with effect from May 29, 1968, on ad hoc basis for a period of three months. Tarachand was working as Store Keeper in the Furniture Store. The appellant represented against the appointment of Tarachand on the ground that he was not a technical person and could not be appointed as Supervisor and that the appellant was the senior most person eligible for promotion to the post of Supervisor. Since the appellant was not able to get his grievance redressed an industrial dispute was raised by the Rashtriya P.W.D. Mazdoor Union on behalf of the appellant and by order dated March 12, 1969 the Government of Rajasthan referred for adjudication to the Labour Court, Rajasthan, Jaipur the following dispute.

"Whether the claim of Shri Kamaluddin, who is represented by the Rashtriya P.W.D. Mazdoor Union, Jaipur that the action of P.W.D. who is not promoting him to post of Superior, was unjustified and invalid and to what relief was he entitled?"

4. While the matter was pending adjudication before the Labour Court one Kanhaiyalal who was Supervisor, Workshop, Mechanical Sub-Division, retired from service on September 24, 1969 and his place Manna Lal, respondent No. 4, was appointed as the Supervisor, Workshop, Mechanical Sub-Division, for a period of three months in the first instance. During the pendency of the matter before the Labour Court Tarachand ceased to be the Supervisor, Workshop, Furniture Store and at the time of final arguments before the Labour Court respondent No. 4 was temporarily looking after the work of Supervisor, Workshop, Furniture Store.

5. The Labour Court gave its award on Feburary 24, 1972 wherein it was held that the appellant was entitled to be promoted to the post of Supervisor which fell vacant on the retirement of Bhairon Bux and the Department was not justified in refusing to promote the appellant and the temporary appointment of respondent No. 4 against the post of Supervisor Workshop was set aside. The Department was directed to promote the appellant to the said post with effect from April 27, 1967. The Labour Court found that the appellant was in the pay scale of Rs. 75-175 in 1967 and he did not belong to Class IV service because the employees of Class IV service did not have the said pay scale.

6. Three writ petitions were filed in the High Court to challenge the said award of the Labour Court Writ Petition No. 1888/73 was filed by the Superintending Engineer, P.W.D. (B&R), Jaipur Circle I, Jaipur, Writ Petition No. 253/74 was filed by respondent No. 4 and Writ Petition No. 1047 was filed by respondent No. 5. All the Writ petitions were decided by a learned single Judge by judgment dated April 30, 1980. As against the Writ Petition filed by the Superintending Engineer, P.W.D. the appellant raised an objection that the writ petition was liable to be dismissed on the ground of laches in as much as it was filed after the expiry of one year from the date of publication of the award. Although the learned single Judge found merit in the said co