( 1 ) RULE. The writ petition is taken up for final hearing.

( 2 ) THE writ petition challenges the award dated J 2th September, 2001. The only issue which was referred to the Industrial Tribunal for adjudication, reads as under: "whether Shri /asha Ram entitled to be promoted as Assistant Director and if so from what date and what directions are necessary in this respect?"

( 3 ) THE Tribunal framed the following issues:

"1. Whether the cause of the workman has been legally espoused by the union? - (OPW) 2. Whether Shri Asha Ram is a workman within the definition of section 2 (s) of I. D. Act? - (OPD) 3. Whether Shri Asha Ram fulfills the qualifications as required in recruitment rules for the post of Asstt. Director of Horticulture?- (OPW) 4. As per the terms of reference. "

( 4 ) SINCE no evidence was produced by the petitioner MCD in support of its stand in spite of repeated opportunities on 7. 5. 2001 the petitioner s evidence was closed. By its unrebutted evidence led on 22. 11. 1993, the respondent had established that he had passed High School and secured a 2 years diploma in horticulture. On the first issue no document was produced nor any suggestion given to t