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2024 Supreme(Raj) 69

SAMEER JAIN
Managing Director/Chief Manager, Jaipur Agar, Rajasthan State Road Transport Corporation, Jaipur – Appellant
Versus
General Secretary, Rajasthan Transport Workers Organization – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. O. P. Sheoran
For the Respondent: Mr. Vinod Goyal

ORDER :

1. By way of present writ petition, challenge is made to award dated 12.08.2021, passed by Industrial Tribunal, Jaipur (for short “Tribunal”) in Case No. ITR No. 08/2013 whereby the respondent-workman was held entitle for grant of selection scale of 9, 18, and 27 years of service.

2. The facts of the case, as per learned counsel for the petitioner, are as follows. The respondent-workman was appointed on the post of Driver vide order dated 17.12.1986 and was granted the benefit of selection scale of nine years of service vide order dated 06.04.2004. Thereafter, in 2013, after approximately 11 years of grant of first selection scale, the respondent-workman approached the Tribunal by raising an industrial dispute seeking benefit of selection scale of 9, 18, and 27 years of service from the date of appointment. The Tribunal, vide impugned order dated 12.08.2021, erroneously allowed the case filed by the respondent-workman without considering the vital aspect of inordinate delay and the deplorable service record of the respondent-workman.

3. Learned counsel for the petitioner has challenged the impugned order dated 12.08.2021, primarily, on the following grounds:

3.1. The first cont

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