ORDER :

The present Writ Petition has been filed by the Union of India and two others, being aggrieved by the judgment delivered by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru [hereinafter referred to the Tribunal’for short] in OA No.170/00388/2014 dated 25.10.2018.

2. The facts of the case reveal that the respondent – employee was serving Kudremukh Iron Ore Co.Ltd., [hereinafter referred to as ‘KIOCL’for short], which is a Government of India enterprise and he was appointed as a Junior Trainee on 7.4.1992 and posted to work in the Mining Department. He was thereafter appointed as an Junior Operator-cum-Mechanic Grade-II in the Mining Department of the Company on 12.05.1994. He was promoted to the post of Junior Operator-cum-Mechanic Grade-I with effect from 2.11.1997. The respondent employee unfortunately met with an accident on 19.06.2001 which resulted in injury and he was given treatment by the company with effect from 19.06.2001 to 18.12.2002 in the Company’s Hospital and referral Hospital. He was declared medically fit on 19.12.2002 and was posted at the Pollution Control Department of the Company.

3. The respondent employee was thereafter transferred and posted to the Mining Department on 12.08.2003.As he was having some difficulty in the mining department, he requested vide his representation dated 11.10.2003 for transfer to the Pollution Control Department. Thereafter, he was again posted to Pollution Control Department on 22.07.2004. He reported at the Pollution Control Department of the Company on 30.7.2004.

4. In the year 2005, he preferred an application before the Workmen's’ Compensation Commissioner, Chikkamagaluru, which was allowed and a sum of Rs.1,64,901/-was directed to be paid to the workman as compensation on account of the injury. The undisputed facts of the case would reveal that 15% disability was assessed in respect of the workman for loss of earning capacity., Thereafter, the workman requested the employer to grant him higher pay scale as the benefits were extended to his juniors and nothing was done in the matter. He kept on representing and finally the employer rejected the representation on 26.12.2012. Being aggrieved by the rejection of the representation, Original Application was preferred before the Central Administrative Tribunal and the said Original Application has been allowed by the Central Administrative Tribunal. Being aggrieved by the order passed by the Central Administrative Tribunal the present petition has been filed.

5. The order passed by the Central Administrative Tribunal reads as under:

"Heard. The applicant suffered an injury on 19.06.2000 and under the Workman's Compensation Commissioner in Case No.WCA/NF/38/2005 he had been assessed with a disability of 15% and granted a compensation of Rs.71,000/-odd and apparently, on their own, the company had posted him to the Pollution Control Department for performing an alternate job.

2. Now the company would say vide Annexure-A11 that since the applicant is not fit to perform the regular job of Junior OCM as has been decided by their own Medical Board and having been given an alternate job in the Pollution Control Department the applicant is not eligible for regular promotion.

In other words, functional incapacity of the applicant has been assessed as if not 100% at least more than 85% so as to bring it within the schedule. If it has been brought in into schedule as aforesaid, then the workman's compensation which ought to have been given to him under the same schedule ought to have been 100%. Since the Workman's Compensation Commissioner had acted on the inputs granted by the company also in adjudicating the disability as only 15%, the company cannot now turn around and say that the applicant had been fully incapacitated as i