Ramu Ram And Ors. vs State Of Rajasthan And Ors. on 15 January, 2002
8. The Division Bench judgment has no application to the facts of this case because of the simple reason that the dispute which was before the labour Court was altogether different then the dispute which was raised in the matter, which was decided by the Division Bench in the above referred judgment of Ramu Ram's case. There is distinction between refusal of consideration of a candidate for particular benefit then the refusal of benefit on merit after consideration or postponement of the benefit after consideration. When the employer refuses to consider a candidate for grant of benefit and the candidate or workmen proves his case to the extent that he is eligible for consideration for the benefit, the Court can issue direction only with respect to the consideration of candidature of that candidate or workmen because of the reason that after finding that the candidate or workmen is eligible for consideration, thereafter, the selector, for employer will look into the other factors on the basis of which the candidate or workmen entitled for the benefit on fulfilment of condition for grant of the benefit. In case where the candidate has been considered for grant of benefit and either benefit is denied on consideration or benefit is deferred after consideration, then in those cases dispute does not survive regarding non-consideration of the candidate for grant of the benefit, in the cases, where the benefit is deferred or granted from future date or refused on merit is challenged by the aggrieved party, then the forum where it is challenged having competence to decide, is required to decide the merit and the reasons on the basis of which the benefit was denied or deferred to the candidate or workmen. Here in this case, there is no dispute with respect to right of workmen of consideration of their candidate for grant of selection grade. The petitioner- employer admittedly considered the cases of the workmen for grant of semi permanent status, but give the benefit of semi permanent status not from the date when the workmen completed two years' services as required under the Rules for consideration for grant of semi permanent status. Once a candidate acquires eligibility for consideration, then the benefit can be denied or deferred only when Rule permits such dental or deferment. In the case of grant of semi permanent status such benefit can be denied to the workmen on the ground that the non- petitioners services were not satisfactory or there were no vacant post available or the workmen was not medically fit etc. as provided in the Rules. The denial or deferment of the benefit when challenged, then the employer or the selector is required to prove before the appropriate forum or the court that the denial or deferment of the benefit was justified by producing relevant evidence before the forum or court.