Notional pay fixation from court orders entitles employees to further promotional benefits reckoned from juniors' dates, without disturbing seniors' positions; discriminatory denial violates equality when relaxations granted to others.

ORDER

(Pronounced by Hon'ble Mr. Varun Sindhu Kul Kaumudi, Member(A))

This OA has been filed by the applicants seeking the following relief:-

“a). For quashing of the impugned order Nos 1810/LB/Gen, Labour Bureau, dated 21.07.2014, 23.07.2014, 06.08.2014, 08.09.2014 of the 3rd respondent is illegal and void;

b). For consequential direction to the respondents to grant proper seniority to the applicants in the skilled grade and grant promotion to highly skilled grade effect from 20.05.2003, with attendant benefits like, further promotion to HS Grade-l and Master Craftsman as the case may be, on that basis.

c). For such further or other relief or reliefs as this Hon'ble Tribunal may deems fit and proper in the circumstances of the case and thus render justice. ”

2. The facts of the case, as submitted by the Applicants, are as follows, in brief:-

2.1. The applicants were originally appointed between 1991 and 1993, in the non-industrial establishment in the 3rd respondent factory, (Ordnance Clothing Factory), in various posts like Vendor, Durwan, etc. Since, promotional opportunities were very remote in the non-industrial establishment, they opted for appointment in the industrial establishment, as provided for in the rules. On appointment on the industrial side, on 02.04.2001, the applicants were trade tested in the tailor trade and appointed as unskilled workers, instead of semi-skilled workers, in the tailor trade. However, the work of tailor was extracted from the applicants, though they were designated as unskilled workers. Therefore, the applicants, along with few other similarly placed employees (A.Rajan & others), approached this Tribunal in OA No.442 of 2004, seeking direction for treatment of their original appointment as Tailor semi-skilled rather than unskilled, in the industrial establishment, with all consequential benefits. The OA was dismissed by this Tribunal against which Writ Petition No.7424 of 2005 was filed and the same was allowed, vide order, dated 30.04.2009. The Hon'ble High Court of Madras directed that the applicants herein and others are entitled to pay fixation. seniority, promotion, etc.

2.2. Due to non-compliance with the order passed by the Hon'ble High Court, Contempt Petition No. 1678 of 2011 was filed and notice was ordered in the contempt petition. The 3rd respondent published factory order, dated 08.08.2013, granting seniority and promotion to the petitioners, including the present applicants, in compliance with the directions of the Hon'ble High Court. In the instant case, although, promotion to the skilled grade had been granted, in compliance with the directions of the Hon'ble High Court in WP No.7424 of 2005, further promotion in seniority had not been granted or assigned in furtherance of the High Court directions, as far as the present applicants were concerned. In response to their representations, the 3rd respondent passed the impugned orders, dated 21.07.2014, 06.08.2014, etc., rejecting the claim of the applicants on the ground that grant of seniority and promotion was in order and any ante-dating of promotion will render the seniors of the applicants as juniors. Since, the orders of the Hon'ble High Court had been substantially complied with, the contempt petition was closed on 12.09.2013. However, as far as the present applicants are concerned, the administration had meted out discriminatory treatment and interpreted the directions of the Hon'ble High Court to their detriment. The applicants claim that, by virtue of the fact of lower seniority and delayed promotion in the higher grades like, HS Grade II and I, etc., they have