JUDGMENT 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.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 (Anr 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. 2. The petitioner-employer has basically assailed the impugned Award on the premise that there was a provision of holding Trade Test for grant of promotional scale which was claimed by the respondents-workmen, in the absence of qualifying the Trade Test provided under the Scheme Ann.1., the finding, which has been recorded by the learned Tribunal for grant of benefit of promotional scale is not justified and on this count alone, the finding recorded deserves to be set aside.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 & 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. 3. I have considered the submission of the both the counsel and perused the finding recorded under the order impugned. 4. It is true that there is requirement of holding Trade Test under the Scheme for grant of promotional scale Ann.1, but the fact that respondents-workmen stood retired from service, denial of their claim on the premise that they have not qualified the Trade Test, in my opinion, will not be in any manner said to be justified on the part of petitioner. 5. 5. On the question put to the counsel with regard to service record of the individual workman, counsel has shown his complete inability about the same and there is no contrary material on record to show that there is any adversity in their service record till they retire from service. In such circumstances, I do not find any error committed by the Tribunal in directing to give the benefit to workmen in terms of Scheme. 6. Consequently, I find no force in both the petitions, the same stand dismissed.Petitions Dismissed. *******