S P SHIVPRASAD PIPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises from a judgment and order of the Central Administrative Tribunal at New Delhi dismissing the application filed by the appellant who was at the material time, Labour Commissioner working in the Ministry of Labour. The appellant has challenged the constitution of a Central Labour Service under the Central Labour Service Rules, 1987, issued by the President in the exercise of powers conferred on him under the proviso to Art. 309 of the Constitution. The Central Labour Service Rules, 1987 were brought into force by a notification dated 3-2-1987.

(2.) Under the notification of 3-2-1987 a Central Labour Service was created by merging the following three cadres:-

(3.) According to the appellant the three cadres which were so merged were having different statutory functions, different qualifications and different duties and powers. By merging the three cadres unequals have been treated as equals. The appellant and similarly placed officers belonging to the Central Industrial Relations Machinery have thereby been placed in a position much worse than the positions they occupied in their original cadres. By reason of the merger, his chances of promotion have been substantially diminished. He has, therefore, challenged the exercise of power under Art. 309 of the Constitution to formulate Central Labour Service Rules, 1987. He has also challenged the merger of the three cadres on the ground that this is done in violation of Articles 14 and 16 of the Constitution.