LAWS(MAD)-2009-4-497

A RAJAN Vs. UNION OF INDIA

Decided On April 30, 2009
A. RAJAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE writ petitioners sought the following relief in O.A.No,442 of 2004 before the 3rd respondent - Tribunal. a) To quash the order No.1802/LB dated 18.10.2003 issued by the 2nd respondent as illegal and void. b) To declare that the petitioners are entitled to be appointed as Tailors (Semi-Skilled) on transfer from non-industrial to industrial category. c) To direct the respondents to treat the appointment of petitioners as unskilled labourers in the industrial category as Tailors (Semi-Skilled) and grant all attendant benefits like promotion, seniority, pay fixation etc.

(2.) THE third respondent - Tribunal, dismissed the said Original Application on 27.01.2005. Hence the present writ petition.

(3.) IT is an admitted fact that though the petitioners were re-designated as Labourers (unskilled), the second respondent extracted work of Tailors (Semi-Skilled). After three years of service as Labourers (unskilled), the petitioners were appointed as Tailors (Semi-Skilled) and given the pay scale of Tailors (Semi-Skilled). Therefore, the petitioners wanted the pay scale of Tailors on their transfer to industrial establishment, particularly when they carried out the work of the Tailors and when they passed the trade test meant for Tailors at the time of transfer. However, their request was declined. Therefore, they came with the prayer as mentioned above.