Re-designation of Tailors to Examiners in administrative interest, without trade change, preserves original Tailor seniority for promotions, rejecting undertakings forgoing seniority as non-binding.

O R D E R

By Hon’ble Mr. Mohan Pyare, Member (Administrative):

Shri S.K. Pandey, learned counsel for the applicants and Shri Raj Pal Singh, learned counsel for the respondents are present.

2. By means of this OA, the applicants have sought the following reliefs :

“ (i) Issue a writ, order or direction in the nature of CERTIORARI to quash the impugned order dated 20.02.2011 (Annexure A-1) with all consequential benefits.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to include the name of the applicants in the seniority list of tailor.

(iii) Issue any other writ, order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iv) The cost of the application may also be awarded in favour of the applicants.

3. The brief facts of the case are that the Government of India, Ministry of Defence, Ordnance Factory Board, Kolkata had issued an order providing therein that if an employee is re-designated to another trade in administrative interest, he would retain the seniority of his original trade. The applicants were initially appointed as Tailors in 1985–1986 at Ordnance Clothing Factory, Shahjahanpur after completing their apprenticeship. In July 2002, the factory invited applications from Tailors for deployment on inspection work, and the applicants were transferred to inspection duties through factory orders issued in September and December 2002. Later, based on the seniority list, they were promoted from Tailor (Skilled) to Tailor (Highly Skilled). After conducting a trade test and obtaining their willingness in April 2005, the applicants were re-designated as Examiner (Highly Skilled) in the same pay scale with effect from 24.08.2005 by an order issued by the General Manager. It is submitted that the case of the applicants is covered by the judgments of the Supreme Court of India in the case of Bhagwan Sahai Carpenter Vs. Union of India & others and Murad Nagar Ordnance Clothing Factory Vs. Union of India & others which was duly discussed by this Tribunal in O.A. No. 893 of 2006 (Mohd. Yamin and others), on 08.10.2010. The Ordnance Factory Board issued an order for restructuring the artisan cadre and revising grade structure, after which the applicants requested through their Workers Union that Examiners, who were originally Tailors and given inspection duties on administrative grounds, should be included in the Tailors’ seniority list and given proper promotion benefits. The Union sent representations and reminders to the General Manager, but their request was rejected. The applicants also obtained information under RTI, which confirmed that there was no direct recruitment for the Examiner post. Meanwhile, the factory issued promotion and restructuring orders showing both Tailors and Examiners in the same seniority list, and some applicants were shown as Highly Skilled-I and already working as Examiners. The respondent’s establishment issued an order on 09.03.2011 regarding promotion to the post of Charge man from Master Craftsman and for that they have issued eligibility/seniority list placing the tailors and examiners both in the said list. The Ordnance Clothing Factory, published an Shahjahanpur order Part-II No. 782 regarding restructuring of cadre and 3 of the applicants in the present case namely Rahat Ahsan at serial no. 287, Manish Pal at serial no. 685 and Sudhir Kumar Bajpai at serial no. 675 have been shown as Highly Skilled-I grade pay 2800 a