1. Huluvadi G. Ramesh, Judge: This petition is by the Management challenging the award passed by the CGIT, Bangalore in C.R. No. 6/03 wherein the CGIT has held that Management was not justified in not promoting the first party-workman to the post of Assistant Marine Foreman by relaxing the academic qualification as per Rule 31 of New Mangalore Port Trust (Recruitment, Seniority and Promotion) Regulations, 1980 and further, the first party-workman was declared to be promoted to the said post on notional basis with effect from 31.1.01 the date on which Sri. H. Jaya was promoted and thereby directed the Management to fix the pay scale of the first party in the grade of Assistant Marine Foreman with effect from 31.1.01 and to pay him all the arrears of salary in the said scale from the said date till he retired from service.

2. Heard.

3. It is the submission of the learned Counsel appearing for the Management that the first party workman’s case could not be considered, as at the relevant point of time there were several other persons qualified and that he cannot plead for equality to give him relaxation of qualification. It is further submitted that the case of Sri. Jaya had