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That such order is a cryptic one, and it has been issued in violation of various judicial pronouncements made by the Hon'ble High Courts and coordinate benches of the Central Administrative Tribunals. As such the impugned order deserves to be quashed.

5. The respondents repelling such contentions, have filed written -- arguments. They would contend that the recruitment process was carried out in terms of instructions contained in OFB letter L/No.: 800/MP/2003- 04/A/l dated 10-03-2004, the requirement of 60 semi skilled posts in different trades as approved by the G.M was forwarded to OFB for obtaining approval of operating Member (WV&E) vide G.M/GSF D.O. No.A/29/TA/Vig & Co/GM dated 24-04-2004. Accordingly, OFB vide their FAX No.844/Manpower/CO/PW dated 07-05-2004 (FA) has approved the 'recruitment of 60 Ex-TA in the trades of Machinist (35.Nos) Fitter (22 No.} Electrician (02 Nos) and Welder (1 No.) of the semi-skilled Grade. Under the provision of the said letter the factories were required to maintain seniority list of ex-trade apprentice as and when vacancy would arise the - factories were permitted fo make direct induction from Ex-Trade apprentice of their own Factory.

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11. The following facts are discernible in the case at hand:

(i) The OFB way back in the year 1999 issued the following instructions | for the GMs of all factories:

"No.570/A/J{Ill) Government of India, Ministry of Defence, Ordnance Factory Board, 10-A, Shaheed Khudiram Bose Road, Calcutta - 700 001.

To Dated, the 15/20!» October, 1999 The General Managers All Factories Staff College, _ Ambajhari.

Sub: Recruitment of Ex-trade Apprentices in OFs.

It has been represented in JCM Ii! Level Council meeting that factories are not following uniform procedure in recruiting Ex-Trade Apprentices of the factories. It was mentioned that factories follow different methods in selecting Ex-Trade Apprentices for recruitment. The matter has been under examination in this Hqrs. for quite some fime and it has been decided that a common uniform method/procedure of recruitment should be followed by all factories keeping in view various Govt. instructions and judicial pronouncements.on the subject.

02. Instructions have been issued vide Circular No.570/A/I dated 15-05- . 96 that ex-trade apprentices should be given preference in recruitment in pursuance of the directives of Min. Of Labour which were based on the Supreme Court judgement in UPSRTC Vs. UP Parivahan Nigam Shishukh Berozgar Sangh on the subject. DOP&T has also issued instructions in pursuance of another Apex Court judgement on the necessity of notifying » the vacancies in Newspapers while approaching Employment Exchanges for sponsoring of candidates for recruitment. There has also been judicial pronouncement on subjecting the ex-trade apprentices to tests/interviews _ etc. ,

ii) As and when vacancies arise and factories are permitted to make direct induction, in the first instance ex-trade apprentices of_their own factory will be considered for recruitment as already explained in the preceding para.

MA 350/00045/2021.

ili) Selection process is based on fitness cum seniority. Only trade test will be conducted to ascertain whether fhe ex-trade apprentice is fit for the job or not. if he is unfit (i.e. he failed in trade test) he is to be excluded. Amongst the candidates who pass the trade test, and are therefore fit, the selection will be done strictly on seniority. That is why it is very important that the factories maintain accurately batch-wise and in the same baich seniority list. The trade test should be same as in a trade test conducted for promotions of industrial employees in OFs. The suitability or board in the test. ;