9911796707
TMI Blog1995 (11) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... or skilled workers as determined in the Government circular dated May 11, 1983. After the III Pay Commission, mazdoors working in the military engineering have been classified as unskilled and their scale of pay is ₹ 196-232, semi-skilled ₹ 200 to 290; skilled ₹ 260 to 400 and highly skilled grade II ₹ 330-480, highly skilled grade I ₹ 380-560. As a consequence of fit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cover the arrears. O.A. No.796/87 was filed before the Administrative Tribunal, Calcutta Bench. In the first instance, the Bench had held that the reversion was bad and consequently directed restoration of their category into skilled category. When the matter was challenged by way of Special Leave Petition, that was dismissed in limine. In the meanwhile, another Bench of Calcutta Administrative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeded on the wrong premise, namely, they passed the test and hence become skilled category workmen and also while holding those posts their performance was not found to be unsatisfactory. Therefore, the orders were held to have been vitiated by error of law. That is wholly misconceived view. The only relevant question to be considered is whether the Chowkidars and mazdoors working as motor pum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ably is ₹ 210-260. Accordingly, their fitment is correctly assigned as semi-skilled and it is not a case of reversion but one of proper fitment. Under these circumstances, the view of the first Bench of the Calcutta CAT is clearly erroneous in law. It is settled law that even the dismissal of Special Leave Petition in limine without assigning reasons does not operate as res judicata. Unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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