FAQIR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a Scrutiny Inspector in the office of the Labour Commissioner, Punjab, challenges the validity of the instructions issued vide letter dated March 14, 1991 (Annexure P.2). A few facts may be noticed.

(2.) The petitioner who possessed the qualification of M.A.LL.B. and a Diploma in Personnel Management and Labour Welfare was appointed as a Field Investigator in the department of Labour and Employment on Jan. 16, 1976. On Nov. 21, 1988, he was promoted as a Scrutiny Inspector. It is averred that the petitioner is the senior-most Scrutiny Inspector/Field Investigator in the department.

(3.) The Scrutiny Inspectors/Field Investigators are members of the Class-III Service. They are eligible for promotion to the post of Labour-cum-Conciliation Officer, which is a part of the Class-II service. The recruitment to the Class-II service is governed by the Rules, called, 'The Punjab Labour (Class-II) Service Rules, 1982,' (hereinafter referred to as 'the Rules'). The provision regarding "appointment etc. is contained in Rule 7, which inter-alia provides that appointment to the Service shall be made in the manner as specified in Appendix 'B' to these rules." In Appendix-B, so far as a Labour-cum-Conciliation Officer is concerned, it is provided that 30% shall be filled up "on the basis of a combined competitive examination conducted by the Commission........and 70% by promotion. Out of the posts which are to be filled up by promotion, 60% are to filled up from amongst the Labour Inspectors, Grade-I and 10% from amongst the Scrutiny Inspectors or Field Investigator working in the Department of Labour and Employment." There is a note attached to the Rules, which lays down the rotation/order in which the posts have to be filled up. It reads as under:-