UNION OF INDIA Vs. OM PRAKASH NARAYAN

JUDGEMENT

(1.) THE present petition is filed challenging the order dated 03.10.2002 passed by the Central Administrative Tribunal, Ahmedabad in OA No. 60 of 1998 and the judgment and order dated 18.09.2003 passed by the Central Administrative Tribunal, Ahmedabad in R.A. No. 25 of 2003 with M.A. No. 258 of 2003 in O.A. No. 60 of 1998.

(2.) IT is the case of the petitioner that the Regional Labour Commissioner, Ahmedabad passed an order dated 30.04.1997 directing the Railway Administration to change the classification of Sms/ASMs working at different stations with effect from June 1994 from the category 'EI' to 'C'. The said order was challenged before the appellate authority under HOER and Jt. Secretary, Govt. of India by the Railway Administration. The said appellate authority passed an order dated 12.10.2000 directing that the matter should be reheard by Regional Labour Commissioner and fresh JJA should be conducted for these Railway Stations within four months.

(3.) AFTER having heard learned advocates for both the sides and having perused the papers on record, it is clear that it is not in dispute that the Authority viz. RLC (C ) - Ahmedabad decided the appeal vide order dated 30.04.1997 directing the railway administration to change the classification of SM/ASM working at Viramdad, Bhatel etc for essentially intermittent to continuous with effect from June 1994 with all consequential benefits arising out of the said change from the said date. Thereafter, the said order of HOER and RLC ( C) Ahmedabad was challenged by the Railway Administration before the Appellate Authority and the authority vide order dated 12.10.2000 remanded the matter and directed that the matter should be reheard by RLC and fresh JJA should be conducted for these railway stations. Thereafter, job analysis was carried out twice by the competent authorities and pursuant to the same order dated 19.04.2001 was passed.