Eligibility for re-designation of Non-Industrial Employees to Industrial Employees is contingent upon meeting specific criteria outlined in relevant circulars.

By Akhil Kumar Srivastava, JM.- The applicant is aggrieved by the order dated 09.11.2012 (Annexure A-8), whereby his representation for re-designation/transfer to the post of Labourer (Semi Skilled) w.e.f. the date of implementation of the Ordnance Factory Board’s circulars since 2007 has been rejected.

2. The applicant has sought for the following reliefs:

“8.1 This Hon’ble Tribunal may be pleased to quash order dated 09/11/2012 (A/8) being illegal and arbitrary.

This Hon’ble Tribunal may be pleased to direct the respondent no.3 to consider the case of the applicant by implementation of circular dated 19/01/07 and instruction dated 30/07/07 for re-designation/transfer of Non-Industrial Employee in various categories including vendors, working in Canteen establishment, by preparing seniority list and by appointing them against the post of Laborers by re-designation/transferring, thereby bring them in to Industrial employees category from the date of circular/policy.

This Hon’ble Tribunal may be further pleased to grant any other relief as thought fit by it in given or changed circumstances.”

3. Brief facts of the case are that the respondent No.2 formulated a policy by circular dated 18.01.2007 and instructions dated 30.07.2007 for re- designation/transfer of Non-Industrial Employee (NIE) of various categories including Vendors working in Canteen establishment by preparing seniority list and by appointing them against the post of Labourers (Unskilled) by re- designation/transferring, thereby bring them into Industrial Employees (IE) category.

3.1 The applicant pursued the matter regarding his re-designation to the IE category. However, the respondent No.3 informed that since the applicant is enjoying the Grade Pay of Rs.1800/-, he is not entitled to be re-designated to IE category. The applicant submits that the reason given by the respondents that he was enjoying the Grade Pay of Rs.1800/- is not tenable as the recommendations of the 6th CPC, whereby the concept of Grade Pay was introduced, were not in existence when the policy dated 30.07.2007 was framed and directed to be implemented.

3.2 The applicant further submits that some of the similarly situated employees likewise the applicant have been re-designated to IE category despite enjoying the Grade Pay of Rs.1800/-. 3.3 The applicant had earlier preferred an OA No.760/2011 before this Tribunal seeking similar relief, as has been sought in this OA. During the pendency of the OA, the applicant was re-designated/transferred from Non- Industrial employee to the post of Labourer (Unskilled), i.e. IE category vide order dated 23.02.2012 (Annexure A-5). However, since the applicant was claiming re-designation w.e.f. 2010, the said Original Application was disposed of vide order dated 02.08.2021 with liberty to the applicant to file representation before the competent authority of the respondents, who, in turn, were directed to decide the same, in accordance with law. Accordingly, the applicant preferred a representation dated 21.08.2012 (Annexure A-7). But the same has been rejected by the respondents vide order dated 09.11.2012 (Annexure A-8).

4. In their reply, the respondents have stated that on the basis of instructions issued by the Ordnance Factory Board vide letter dated 18.01.2007 (Annexure R-1) and revised instruction dated 06.07.2007 (Annexure R-2), a circular dated 15.09.2007 (Annexure R-3) was issued for purpose of re- designation/appointment by transfer of Group ‘D’ NIE to Labourer and group- wise seniority list. But, neither the applicant nor any other Vendor/Washerman had submitted any application against the above circular. Hence, no seniority list could be prepared for the group of Vendor/Bearer/Washerman.

4.1 The matter was again reviewed by the competent authority and a circular dated 23.11.2010 (Annexure R-6) was issued in