DIVISIONAL RAILWAY MANAGER Vs. JUDGE, LABOUR COURT

JUDGEMENT

(1.) INSTANT petitions have been filed by the petitioner -employer assailing the award passed by the learned Labour Court -cum -industrial Tribunal dated 23rd March, 2006.

(2.) A reference made by the appropriate Government for adjudication of the dispute was as to whether both the workmen are entitled for promotional scale under the Assured Career Progression Scheme (ACP) introduced by the petitioner in terms of circular dated 20th October, 1999 (Annexure 1) which came into force with effect from the date of its publication. Both the respondents -workmen stood retired from service before reference was made, on 31st December, 2001 and on 31st January 2002 respectively. Learned Tribunal after taking into consideration the material on record, recorded a finding that both the respondents -workmen were entitled for promotional scale under the ACP Scheme introduced by the petitioner dated 20th October, 1999 and answered the reference.

(3.) COUNSEL for respondents -workmen, on the other hand, submits that petitioner was never prevented from holding the Trade Test, if so required and both the workmen retired from service way back in December, 2001 and in January, 2002. Holding of Trade Test at this stage will be a formality only to deny their rightful claim which accrued to them on implementation of the Scheme in October, 1999.