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Judgment
Heard Sri R.B. Singhal, learned Solicitor General of India assisted by Sri Ram Dulare and Mahendra Bahadur Singh, learned Counsel for the petitioners.
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.
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.
We have considered the submission of learned Counsel for the parties and perused the record. The Tribunal in its own judgment dated 06.01.1997 has relied on the judgment of the Apex Court reported in Bhagwan Sahai Carpenter and others Vs. Union of India and another, In view of the stand taken by the counsel before the Tribunal we see no ground to interfere with the direction of the Tribunal to act in accordance with the earlier order dated 06.01.1997. In so far as the submission of petitioner regarding re-fixation of seniority is concerned we are of the view that the question of seniority was the question which was to be considered by the respondent in accordance with the relevant rules governing seniority.
In the event, by grant of grade as per the order dated 06.01.1997 according to rules, the seniority was to be affected the said question was to be examined by the employers. We have only clarify that the re-fixation of the seniority as directed by the Tribunal has to be examined and done in accordance with the relevant rules governing seniority of the petitioner.
Subject to above, the writ petition is dismissed.