Dismissed

Uoi.Th.Min.of Defence and Ors. v. Khila Nand and Ors.

J&K HC6 Oct 2021SWP/3015/2015

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an earlier CAT order categorizing tent menders as skilled workers. Relying on a final, implemented precedent (OA No.060/00832/2014), the Court found no merit in the challenge.

What did the court decide?

The writ petition was dismissed finding no substance in the challenge to the established categorization of tent menders as skilled workers.

Uoi.Th.Min.of Defence and Ors. Vs Khila Nand and Ors. — Service and Employment | J&K HC (2021)

¶1

Sr. No. 43

¶2

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

¶3

CJ Court

¶4

Case: SWP No.3015 of 2015

¶5

UOI and others

¶6

…Petitioner(s)/Appellant(s)

¶7

Through: Sh. Ranjit Singh Jamwal, CGSC

¶8

V/s

¶9

Khila Nand and others …. Respondent(s)

¶10

Through:

¶11

CORAM:

¶12

HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

¶13

ORDER

¶14

The Union of India and others have preferred this writ petition against

¶15

the judgment and order dated 27.05.2015 passed by the Central Administrative Tribunal, Chandigarh (for short ‘the Tribunal).

¶16

The Tribunal by the said order has treated the tent menders as skilled workers as against the case of the petitioners that they are to be categorised to be semi-skilled.

¶17

The Tribunal in passing the impugned order and directing for treating

¶18

the tent menders as skilled workers has placed reliance on its earlier judgment and order dated 16.04.2015 passed in Original Application (OA) No.060/00832/2014 wherein it has been categorically concluded that the tent menders are to be treated in the skilled category and accordingly the respondents were directed to treat them as skilled workers from the date they were appointed as tent menders and to grant them the pay scale of the skilled category with consequential revision from due dates.

¶19

SWP No.3015/2015

¶20

¶21

Learned counsel for the petitioners on being enquired accepted that the judgment and order passed in the above Original Application (OA) No.060/00832/2014 which is the case of one-Mangat Ram, is final and that it has also been implemented.

¶22

Learned counsel for the petitioners has passed on to us the copy of the instructions as per the letter dated 06.01.2020 of the administrative officer which states that the judgment and order dated 16.04.2015 passed in the aforesaid OA of Mangat Ram stands implemented.

¶23

In view of the aforesaid facts and circumstances as there is already a judgment holding the tent menders to be the skilled workers and the said judgment has been accepted and implemented, we do not find that there is any substance in the present petition and the same is dismissed.

¶24

(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE Jammu 06.10.2021 Raj Kumar

Uoi.Th.Min.of Defence and Ors. v. Khila Nand and Ors.

Case brief

What is this about?

What did the court decide?

Uoi.Th.Min.of Defence and Ors. v. Khila Nand and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Durga Dass Thapa and Ors. Vs State Th.Divisnl.Commssr.Jammu and Ors.

Viklang Chhatra Trust Th.Satya Pal Saraf Vs State Th.Div.Commissioner and Anr.

Tafazul Hussain Parimoo Th Taufeeq Hussain Parimoo and Another Vs Union Territory of Jammu and Kashmir Th Natonal Investigating Agency Nia Jammu and Another

Swati Gupta Vs Ramesh Chand and Ors.

Prem Singh Vs Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

State of Jammu and Kashmir Th SHO Police Station Gandhi Nagar Vs Prabhjot Singh