IMPORTANT POINT
The main legal principle established in the judgment is that employees claiming the benefit under the ACP Scheme must fulfill the requirements for promotion to the next higher post, including passing the trade test. The judgment emphasizes the mandatory nature of passing the trade test for upgradation under the ACP Scheme.

JUDGMENT

Satish Chandra Sharma, C.J. - The present Letters Patent Appeal ("LPA") arises out of an order dated 06.12.2018, passed by the learned Single Judge in W.P.(C.) No. 5770/2013 and other connected matters ("Impugned Order"). The facts of the case reveal that a writ petition was preferred by the South Delhi Municipal Corporation (the "SDMC") being aggrieved by a recovery certificate dated 29.08.2013 ("the Recovery Certificate") which was issued by the Deputy Labour Commissioner, Govt. of NCT of Delhi, wherein it was stated that a sum of Rs.45,21,402/- is recoverable from the SDMC in pursuance to the implementation of the Award dated 01.04.2006 ("the ID Award") passed in favor of the Appellant-herein by the Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi, in Industrial Dispute No. 08/2004 ("the Industrial Dispute").

2. The present case has a chequered history and the facts of the case reveal that the workmen through MCD General Mazdoor Union ("MGMU") raised the Industrial Dispute and a reference was made by the appropriate Government i.e., Secretary (Labour), Government of NCT of Delhi ("GNCTD") for adjudication to the Industrial Tribunal. The reference made by the appropriate Government reads as under:

"Whether the action of the Management in not allowing the next higher pay scale of Rs.3050-4590/- to Gardeners as first promotional scale after completion of 12 years of service under Assured Career Promotional scheme is illegal/and or unjustified and if so, what relief are they entitled and what directions are necessary in this respect?"

3. The Industrial Tribunal after hearing the parties at length has passed the ID Award, and the operative paragraphs of the same read as under:

"14. A perusal of the aforesaid recital show that once a workman is unfit for the grant of benefit under the ACP Scheme he has to be given the pay scale in the hierarchy in the cadre without giving him the higher status in the hierarchy.

15. It appears that the Management has merely given the next scale as shown in Annexure 1 with reference to Para 7 of the OM dt. 09.8.99 and have not given the next scale in the hierarchy in the cadre. This act of the Management is contrary to the spirit of the ACP Scheme.

16. There is no dispute that the ACP Scheme has been adopted by the Management. The Corporation vide its Resolution dt. 04.9.2000 Ex.MW 1/1 has proved the implementation of the ACP Scheme as recommended by the 5th Pay Commission and notified by the Govt. of India. Under these circumstances, I find that the Gardeners, who have been found fit for the grant of benefit under the ACP Scheme, are entitled to the pay scale of Rs.3050-4590/- from the date from which they have been granted the benefit under the ACP Scheme.

17. In view of the findings in the Issues no. 1 & 2 an award is passed directing the Management to grant the pay scale of Rs.3050-4590/- to the Gardeners who have been found fit for grant of the benefit under the ACP Scheme as first up-gradation. Reference is answered accordingly. Let a copy of this award be sent to the appropriate Government i.e., Secretary (Labour), Government of National Capital Territory of Delhi for necessary action at their end.

File be consigned to Record Room after due compliance."

4. The Industrial Tribunal while passing the aforesaid award had directed the management to grant to the Gardeners/workmen who have been found fit for grant of benefit under the Assured Career Progression Scheme ("ACP Scheme") as first up-gradation, the pay scale of Rs.3050-4590/-.

5. The erstwhile MCD being aggrieved by the ID Award preferred a writ petition being W.P.(C.) No. 15003/2006, and the same was dismissed by the learned Single Judge by an order dated 01.10.2012. The Operative paragraphs of the order passed by the learned Single Judge in W.P.(C.) No. 15003/2006 as contained in paragraphs 6 to 8 read as under:

"6. A perusal of the written statement of the Petitioner before the learned Trial Court shows that the relia