(1.) These four petitions have been placed before us for hearing on being referred by Mr. Justice K. K. Desai. These four petitions give rise to some common questions of law and can conveniently be disposed of by a common judgment. In the first two petitions, Miscellaneous Petitions Nos. 248 and 254 of 1960, constitutionality of the Essential Services Maintenance Ordinance, 1960 (1 of 1960), promulgated by the President has been challenged, while in the other two petitions, Miscellaneous Petitions Nos. 255 and 256 of 1960, constitutionally of rules 4A and 4B of the Central Civil Services (Conduct) Rules, 1955, has been challenged. The questions raised are of considerable importance.
(2.) Facts giving rise to these petitions may be briefly stated. In exercise of the powers conferred by Clause (1) of Art. 123 of the Constitution the President of India promulgated an Ordinance called "Essential Services Maintenance Ordinance, 1960," hereinafter referred to as the Ordinance. It is in the following terms : "THE ESSENTIAL SERVICES MAINTENANCE ORDINANCE, 1960 No. 1 OF 1960 Promulgated by the President in the Eleventh Year of the Republic of India
(3.) An Ordinance to provide for the maintenance of certain essential services and the normal life of the community.