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17. It is submitted that the respondent workman cannot be designated as Garden Chaudhary because he never worked on the same post. There is a process for promotion to the post of Garden Chaudhary, i.e., there must be sanctioned post/vacant post of Garden Chaudhary and the workman should pass the trade test conducted by the department. It is submitted that the workman has never passed the trade test, and hence his claim is misconceived and wrongly adjudicated by the learned Tribunal.

40. The petitioner management contested the workman‟ claim, arguing that the dispute did not qualify as an industrial dispute since it was not properly espoused by a union and no demand notice was served upon it. It was asserted that the workman was initially and regularly promoted as a Mali, not a Garden Chaudhary, and had never performed the duties of a Garden Chaudhary. Furthermore, the petitioner department emphasized that Garden Chaudhary is not a promotional post from Mali; it requires passing a test, and the workman in the instant case had never passed such a test nor was there an office order for him to act as Garden Chaudhary.

58. While the workman performed the duties of a Garden Chaudhary from the year 1991, this alone does not entitle him to the post. There must be clear evidence that his performance met the standards required for the post, thereby, confirming his promotion to the post of Garden Chaudhary after following the due process of law, i.e., trade test.

59. The fact that the respondent workman passed the trade test in the year 2014 is relevant, but it also indicates that prior to this, he did not meet all the necessary qualifications for „regular promotion/appointment‟ to the post of Garden Chaudhary.

61. This Court is of the view that if the rules for the higher post require certain qualifications or passing of specific tests, the employee must meet these criteria. Sh. Siroman Singh, i.e., the workman herein passed the required trade test only in the year 2014, which fulfilled this requirement for formal promotion to the post of Garden Chaudhary. As per the law, promotions must be evaluated based on the fulfillment of all requirements at the appropriate time and the respondent workman passed the trade test (2006) 4 SCC 1 in the year 2014, indicating he did not meet the necessary qualifications for regular promotion to the post of Garden Chaudhary until that time.