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Issues involved: Determination of whether motor pump attendants are semi-skilled or skilled workers as per a Government circular dated May 11, 1983.
Summary: The appeals revolved around the classification of motor pump attendants as semi-skilled or skilled workers based on a Government circular. The III Pay Commission had classified mazdoors working in military engineering as unskilled, semi-skilled, skilled, or highly skilled. Initially, some workers were wrongly classified as skilled, leading to later corrections and directions to fit them in the semi-skilled category. Various challenges were brought before different Benches of the Central Administrative Tribunal, resulting in conflicting decisions. In one instance, the Calcutta Bench initially held that the reversion of workers to semi-skilled was improper, but this decision was later overturned. The appellants argued that since they had passed the prescribed test, they should be considered skilled workers and placed in a higher pay grade. However, the Supreme Court disagreed, stating that passing the test only qualified them for the semi-skilled category, which serves as a feeder post for skilled workers. The Court emphasized that the correct fitment for the workers was in the semi-skilled category, not a reversion, as per the III Pay Commission recommendations. The Court clarified that the dismissal of a Special Leave Petition without reasons does not establish res judicata. Ultimately, the Court upheld the decisions of the latter Bench of the Calcutta CAT and the Cuttack Bench, finding them consistent with the legal reasoning provided. Consequently, the appeals were dismissed without costs.
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