THE CHAIRMAN ORDINANCE FACTORY BOARD AND ORS. Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH AND ORS.
LAWS(ALL)-2010-9-385
HIGH COURT OF ALLAHABAD
Decided on September 01,2010

The Chairman Ordinance Factory Board and Ors. Appellant
VERSUS
Central Administrative Tribunal, Allahabad Bench and Ors. Respondents

JUDGEMENT

- (1.) HEARD Sri R.B. Singhal, learned Solicitor General of India assisted by Sri Ram Dulare and Mahendra Bahadur Singh, learned Counsel for the petitioners.
(2.) BY this writ petition, the petitioners have prayed for quashing of the order of the Tribunal dated 01.11.2000 by which the Original Application No. 1112 of 1992 and other connected applications have been allowed. Original Applications were filed by the respondents praying that the Anomalies Committee Report dated 16.10.1981 be implemented. The case of the respondents was that they were working as Semi -Skilled Worker whose trades were excluded by the Expert Classification Committee appointed in pursuance of the recommendation of the 3rd Pay Commission on a representation. Anomalies Committee was constituted which re -evaluated and recommended for grant of skilled grade to 23 additional semiskilled grades. The respondents claim to be belonging to above 23 semi skilled grade and they claim benefit from 16.10.1981. The matter had earlier came to the Tribunal and the Tribunal by its judgment and order dated 06.01.997 passed in Original Application No. 564 of 1991 has issued certain directions. When the matter was taken before the Tribunal the counsel of both the parties had agreed that the case is fully covered by the decision of the Tribunal dated 06.01.1997. The Tribunal disposed of the application accordingly with the direction to respondent to fix the grade of the applicants as directed by the order dated 06.01.1997 and also re -fix the seniority with consequential benefits.
(3.) SRI Singhal submits that insofar as the direction to act in accordance with the earlier order dated 06.01.1997 no exception can be taken but the direction to re -fix the seniority ought not to have been given. He further submits that the direction with regard to payment of grade did not necessarily included seniority.;


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