TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE recruitment and conditions of service of persons appointed to Class III Service in the Punjab Labour Department are regulated by the statutory rules called the Punjab Labour Department (State Service Class III) Rules, 1969 (the Rules). Rule 8(1)(a)(i) of the Rules is relevant for the purposes of these appeals. It would, however, be useful to reproduce Rule 8(1) as a whole :-

(2.) THE expression "ministerial employee" has not been defined under the rules. Appendix 'A' to the rules, however, mentions 16 posts including Superintendent, Head Assistant, Legal Assistant, Accountant, Assistant/Head Assistant, Stenographer etc. under the heading "ministerial staff." It is, therefore, assumed that all the persons who are working against the 16 posts mentioned under the heading "ministerial staff" are ministerial employees and, as such, are eligible for promotion to the post of Labour Inspector. Appendix 'A' to the rules indicates the scales of pay - as initially fixed - of various posts governed by the rules. THE pay-scale for the post of Labour Inspector, which is a part of the field and technical staff, was Rs. 200-10-300/15-450/-. THE pay-scales of the relevant ministerial staff were as under :- <FRM>JUDGEMENT_392_5_1994Html1.htm</FRM>

(3.) THE question for our consideration is whether the Superintendents in the pay-scale of Rs. 350-450.00 (revised Rs. 2000-3500.00) can seek "promotion" to the post of Labour Inspector having the pay-scale of Rs. 200-450.00(revised Rs. 1500-2640.00). A learned single Judge of the Punjab and Haryana High Court has answered the question in the affirmative. THE Letters Patent Bench has upheld the judgment of the learned single Judge. This appeal by way of special leave is against the judgments of the High court.