A.B.GORTHI, J. - (1.) The Review application (R.A. for short) No. 74/ 91 is from the Union of India seeking a reconsideration of the Tribunal's judgment dated 30.10.87 which decided T.A. 1361/86 and T.A. 1248/86 in favour of the petitioners therein. R.A. No. 35/92 and R.A. 39/91 are from the petitioners in the aforesaid T.As questioning the validity of an order of the Tribunal dated 31.1.92 which directed that R.A. 74/91 be heard on merits even though it was filed well beyond 30 days period of limitation. All the three RAS are dealt with by this common judgment.
(2.) The brief facts leading to the RAs may be stated. Some employees under the control of the Ordnance Factories Board, holding the posts of Grinders in various grades, viz. Grinders Highly Skilled (HS), Grinders (Special), Grinders, Grade A, Grinders. Grade B approached the Calcutta High Court for the quashing of certain administrative instructions dated 7.1.83, 6.1.84 and 25.1.80 which purport to re -designate Grinders. Grade A as Grinders Grade B and introduced a new grade called Grinders (Special). The grievance of the petitioners therein was that their chances of promotion were adversely affected by the said instructions. The writ petitions, upon being transferred to the Tribunal, were heard as T.A. 1361/86 and T.A. 1248/86 and decided by a common judgment dated 30.10.87. It was held, inter alia, that the addition of the grade of Grinder (Special) and its equation with Grinders HS, Grade II amounted to changing the recruitment rules and that, similarly, the introduction of the grade of Grinders. HS by means of an executive order without amending the recruitment rules framed under Article 309 of the Constitution was not legally permissible. The T.As were thus allowed and the impugned executive instructions were quashed so far as they pertained to the petitioners therein.
(3.) Aggrieved by the judgment of the Tribunal, the Union of India filed a Special Leave Petition before the Hon'ble Supreme Court which was summarily dismissed on 14.7.88. That should have ordinarily given a finality to the legal proceedings, but in the meantime the Jabalpur Bench of the Tribunal, following the judgment of this Bench, decided O.A. Nos. 391/89 and 421/89 in favour of the applicants therein who too were Grinders of the Ordnance Factories. Against that judgment, Union of India filed an SLP (No. 6044 -44A/91) wherein the following order was passed on 29.4.91 : We find that the Special Leave Petition preferred against the judgment of Calcutta Bench of the Tribunal which has been followed in the impugned judgment has been dismissed. In the face of that it would be difficult to entertain these Special Leave Petitions. Moreover, learned Additional Solicitor General points out that there in the Calcutta case several material facts have not been taken note of. Adjourned for four months to enable the petitioner to apply for review of the decision of the Calcutta Bench if so advised, stay to continue in the meantime.;