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2(c). itis clalmed that even when they were promoted as highly skilled from 12.08.2006, their interse seniority was not published. They came to know about their position in seniority list only from their names mentioned in the above promotion onder.

2(d). Based on recomendations of the 6° CPC, the highly skilled grade was divided into Highly Skilled Gril and Highly Skilled Gr. By maintaining the same seniority of the applicants and others, they were promoted as Highly Skilled Grll from OLO?. 2011 and then further promoted as Highly Skilled Gr-T from OL1O.2022, 2{e). en for the first time the seniority list of DBW, HSCG-1] as on 01.07.2011 was published in the Factory and also displayed online on intranet In September, 3011, Ttis claimed that Respondent No.3 was under obligation to publish batch-wise seniority in the factory and on intranet afer conducting the recruitment and trade test for their appointments as per Ordnance Factory Board instructions dated 19/20.10.1999. After ZOL1 the same inter-se seniority has been maintained every year. The OFB further issued directions on 17.12.2003 directing all Ordnance Factories, including Respondent Ned 3, that batch-wise seniority of ex-trade apprentices should be maintained for fixing inter-se seniority of industrial employees based on passing Na ational Council of Trades for Vocational Training Certificates Examination (NCTVT examination). The ex-Trade Apprentices who passed the examination earlier were to be senior en bloc to thase passing the examination subsec uently. Jt is also claimed that Respor wient Nod. did not follow those instructions and fined the inter-se seniority of the applicants and their batchmaies and juniors wrongly in violation of the instructions. In the seniority. Uist published by Respondent No.3 names of the applicants were placed beluw about 57 7 junior employees. They met the concerne ara authorities on their grievance about inter-se seniority position, then submitted written representations to Respondent No.3 from 2006-2007 till 2012-2019 and the Respondent No.3 kept assuring that their inter-se seniority would be fixed after appropriate decision to be taken in the Joint Consultative Meeting in the Factory, JCM-IV Council Level is a body comprising of the representatives of Management and Workmen at Factory level, which deliberates on the issues common to all classes of the workinen and/or related to the entire factory and takes a decision in the advisory capacity.

S{d). The OFB again issued the instructions on ISAT A2 2003 on the subject of recruitment of Ex-Trade Apprentices and reiterated the earlier instructions, However, the respondent no.3 did not follow those instructions deliberately rightly been complied with based on Supreme Court decision in contending that there was no recruitment in Ordnance Factory, Bhandara for about 10 years and then vacancies in bulk were filled up, Ex-Trade Apprentices of many batches were called at the same time and appointment orders were issued to the selected candidates. Therefore, many candidates of junior batches joined duties earlier than those of senior batches end their seniority was assigned accordingly in accordance with their dates of joining duties in the Factory;
September, 2000;
Aa). the OFB instructions dated 15/20.10.1999 were about maintaining seniority of ex-trade apprentices of the factory and issuance of call letters for direet reeruitment as per the seniority of ex-trade apprentices. Those instructions were not about fixing of seniority of Industrial employees. Since the sele ection PrOCEAS Hi respect of the applicants and private respondents wa carried out in 2000 and 2001, the subsequent OFB scat dated 17.12.2009 were not applicable in case of the present applica 3p). since all the candidates were called for the same trade test / selection process, there was no question of providing any separate treatment to the present applicants. The batch-wise panna seniority of Ex-Trade Apprentices of the factory was mainia ained as per OFB letter dated 15/20.10.1999 an d thereafter the applicants are called for trade test. Thus the candidates who were selected earlier in the selection process automatically became senior to those candidates who were selected subsequenth, In regular service in semi skilled grade, an individual gets placement in the skilled grade without change in the seniority. As per service record avatable with the respondents, the seniority [st of {Industrial employees was first published on website of Pactory in 1907. 'The seniority of the present applicants was mentioned in the seniorny list of semi-skilled grade published in 2003, Thereatter the trade-wise and grade-wise seniority lst of Industrial employees was prepared every year and displayed on the TELNET website of the Factory but neither of the applicants nor private respondents had raised. any objection to those seniority lists published before July, 2007 when applicant nol submitted a representation;

Trade Apprentices in Ordnance Factory, para 4(11) mentioned that selection process is based on Atness cum seniority, Only trade test will be conducted to ascertain whether the ex- trade apprentice is ft for the job or not. If he is unfit Le, he failed j 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 Le. seniority of Ex-Trade Apprenticeship. In the trade test between 25" to 29% Seniember, 2000 applicant No.2 in the GA remained absent and applicant Nos.5 and 6 wers found unfit. Therefore, they got excluded from the year 2000 batch of the recruited Semi Skilled Danger Building Workers. Hence, the applicants cannot claim their seniority in the batch selected earlier on the above the first trade test. The next trade test was conducted on 27.02.2001 when applicants No.2, 5 and 6 were found fit and suitable and thus got Included in the batch of 2001 recruits, As a result, these three applicants in the OA cannot have any claim of seniority above those who were selected in the first trade test such 20 OAS332016 as private respondents Nos.4 to 6.