UNION OF INDIA Vs. CHIRANJI LAL CHANDA

JUDGEMENT

(1.) BY way of this writ petition, the petitioners, Union of India and its officials in the Central Excise and Customs Department, have questioned the order dated 13.01.2012 as passed in Original Application ('OA') No. 227/2008 whereby the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') has, in terms of the opinion of majority (2:1), accepted the claim of the applicant (the respondent herein) for grant of minimum pay scale of Group 'D' employee and for regularisation on Group 'D' post; and has issued the following directions:-

(2.) THE CAT has issued yet further direction that:

(3.) THE CAT took up for consideration the said OA (No. 275/2000) afresh in its order dated 21.12.2005. It appears that before the CAT, a point was sought to be asserted that the applicant was a full-time worker and not a part-time one but with reference to the material on record, ultimately, it was conceded on behalf of the applicant that he 'may be taken as a part-time casual labour'. The case as canvassed and the submissions as made before the CAT were noticed in paragraph 6 of the order dated 21.12.2005 in the following terms:-