B PERIYASWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was initially engaged as Project Casual Labourer with the respondents on daily wages from 28. 10. 1980 and he was given temporary status with effect from 1. 1. 1984 and was placed in the scale of Rs. 750-940 applicable to Khalasis. When volunteers were called to attend suitability test for the post of Motor Mechanic Grade-II, the petitioner volunteered and passed the trade-test and based on the result of the said trade test, he was promoted, on ad hoc basis, to the Higher Grade i. e. Motor Mechanic Grade-II, with effect from 1. 6. 1990. Though the said post of Motor Mechanic Grade-II was in the pay scale of Rs. 1200-1800 applicable to Highly Skilled Artisan Grade-II, since his scale of pay was not fixed pursuant to his promotion to the Higher Grade, the petitioner filed O. A. No. 1135 of 1993 before the Tribunal. The Tribunal, taking into consideration the fact that the petitioner is performing the duties of Motor Mechanic Grade-II and applying the principle of 'equal pay for equal work', has allowed the said Original Application, directing the respondents to pay the pay and allowances in the pay scale of Rs. 1200-1800 with effect from 1. 6. 1990 i. e. from the date when he was promoted on ad hoc basis to the post of Motor Mechanic Grade-II, together with all arrears of pay and allowances. The Review Application filed by the respondents is also dismissed by the Tribunal, by its order dated 24. 11. 1995. Accordingly, the pay of the petitioner was revised by an order dated 7. 12. 1995, fixing his scale in the pay scale of Rs. 1200-1800.

(2.) THEREAFTER, by the Office Order No. MW/sg/cn/96/3, dated 5. 2. 1996, the petitioner was re-designated as Project Casual Labour 'unskilled' in the scale of Rs. 800-1150 with effect from 5. 2. 1996. This order of re-designation was challenged by the petitioner in O. A. No. 181 of 1996 before the Tribunal and the Tribunal, taking into consideration the earlier order passed by it in O. A. No. 1135 of 1993, has observed that 'the re-designation could have only been as Project Casual Labour (skilled) and since the matter has already been settled in O. A. No. 1135 of 1993, the respondents are barred by principles of constructive resjudicata' and with such observations, the Tribunal has allowed the said Original Application filed by the petitioner, by the order dated 14. 8. 1997.

(3.) PENDING disposal of the said O. A. No. 181 of 1996 before the Tribunal, by the orders dated 26. 3. 1997 and 24. 4. 1997, the respondents have absorbed some staff members, including the petitioner, as Group 'd' Permanent Khalasi. This action of the respondents was challenged by the petitioner before the Tribunal in O. A. No. 220 of 1998. Since the said O. A. was dismissed by the Tribunal, the petitioner has filed this writ petition.