1. - By the instant writ petition under Article 227 of the Constitution of India, the petitioner employer has challenged the award Annex.7 dated 13.10.1997 passed by respondent No. 1. Industrial Tribunal, Jodhpur (for short the tribunal' hereinafter) whereby the tribunal adjudicated the reference made to it by the Govt. of Rajasthan vide notification dated 13.10.1993 and held that appointing the respondent workman on the post of Helper in place of Plumber is illegal and it was further held that the respondent workman be treated to have been appointed on the post of Plumber.

2. I have heard learned counsel for the parties.

3. It is contended by learned counsel for the petitioner that the respondent workman does not possess the requisite qualification for appointment on the post of Plumber. Initially the respondent workman was appointed on the post of Helper on daily rated basis, his services came to be terminated on 1.1.1984. The respondent No.2 raised an industrial dispute and on a reference having been made by the State Govt. to the tribunal, the tribunal by award dated 19.12.1987 held that the termination of the services of the respondent workman by the petitioner employer from the post of Plumber is illegal and therefore, the petitioner employer was directed to reinstate the respondent workman on the post of Plumber with continuity of service w.e.f. 1. 1.1984 with 50% back wages and thereafter the petitioner reinstated the respondent workman in compliance of the earlier award dated 19.12.1987 on the post of Plumber. However, subsequent thereto, the case of the respondent was examined by the Screening Committee of the petitioner employer and the Screening Committee decided to keep the respondent workman on the post of Helper to which he was found suitable and possessing requisite qualification but held that the respondent is lacking the requisite qualification for the post of Plumber and therefore, directed to place the respondent on the post of Helper instead of Plumber on which he was reinstated and has been working right from his initial engagement . According to the learned counsel for the petitioner the qualification for the post of Plumber and the experience are that the candidate must possess ITI certificate in the trade of plumbing with at least two years experience in the trade. however, there is no bar in the case of persons already employed in the corporation from last 3 years.

4. Learned counsel appearing for the respondent workman supported the award impugned and contended that even in earlier reference made to the respondent Industrial Tribunal which came to he adjudicated by award dated 19.12.1987 Annex.R/2/2, no such plea was raised by the petitioner employer that the respondent workman does not possess the requisite qualification for the post of Plumber and therefore, now such plea by way of writ petition is barred by principles of res judicata . Learned counsel appearing for the respondent workman further submits that since inception i.e. w.e.f. 22.2.1983, the respondent workman was engaged as Plumber and continues to work on the post of Plumber till his termination by order dated 01.01. 1984 against which, the industrial dispute was raised by the respondent workman and the Govt. of Rajasthan referred the industrial dispute to the Labour Court and the Labour Court vide award dated 19.12.1987 answered the reference in favour of the respondent workman holding that the termination of the services of the respondent workman on the post of Plumber was illegal and therefore, directed to reinstate the respondent workman with effect from 1.1.1984 on the post of Plumber and to pay 50% back wages and that award has attained the finality and has not been challenged by the petitioner employer. According to learned counsel for the respondent workman. Even before the Labour Court various documents have been placed on record by the respondent workman showing himself to be qualified and eligible for the post of Plumbe