DIRECTOR GENERAL Vs. SAURABH KUMAR

JUDGEMENT

(1.) The Director General, Employee's State Insurance Corporation (hereinafter referred to as "ESIC") has preferred the present writ petition to assail the order dated 05.09.2014 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 1427/ 2012 preferred by respondent 1- Saurabh Kumar. The Tribunal has allowed the said Original Application and directed the petitioner to prepare an All India Seniority list of the Lower Division Clerk (LDC) cadre of the ESIC and on the basis of the said seniority list, to give consequential benefits of further promotion(s) to respondent 1 within three months from the date of receipt of the copy of the order.

(2.) Esic is a Statutory Body established under the Employee's State Insurance Act, 1948 and Director General is its Chief Executive Officer. Its Headquarter is in Delhi and it has offices in various other cities of the country. The conditions of service of employees of the ESIC are governed by ESIC (Staff and Conditions of Service) Regulations, 1959 which are statutory in nature, as they have been framed in exercise of powers conferred by Employees State Insurance Act, 1948. Some of the relevant provisions contained in these Regulations are the following:

(3.) Esic has also framed the ESIC (Recruitment) Regulations, 1965 and the ESIC (Lower Division Clerk/ Adrema Operator/ Telephone Operator/ Computer) Recruitment Regulations, 2006. ("ESIC LDC Recruitment Regulations" for short)