CHARANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners through this writ petition are challenging the qualification prescribed for appointment to the post of Labour Officer -cum - Conciliation Officer in the Haryana Labour Department Group 'B' Service Rules, 1987, by promotion and the qualification prescribed for appointment under the Haryana Labour Department Group 'B' Service First Amendment Rules, 1994, by direct recruitment extracts thereof are appended as Annexure -P - 2 and Annexure -P - 1 respectively. They are also challenging the advertisement dated 23.01.2009 (Annexure -P -3) qua which the applications have been requisitioned for recruitment for the post of Labour Officer -cum -Conciliation Officer.

(2.) THE petitioners are challenging the said rules on the ground that the post of Labour Officer -cum -Conciliation Officer is a post where the incumbent has to perform judicial and quasi judicial functions under various Acts and enactments which require legal knowledge and these require an incumbent to have the knowledge of general procedural acts like The Indian Evidence Act, the Code of Civil Procedure and the Code of Criminal Procedure etc. The holder of this post has to perform various responsibilities which are attached with the post and has, thus, to apply his independent mind and for that he needs to have legal background. It has further been contended by the petitioners that by not prescribing the Degree in Law as the basic qualification for appointment to the said post, Article 15 of the Constitution of India stands violated as the Judiciary and the Executive need to be separated. A person who is not conversant with general procedural laws can even be appointed on the post of Labour Officer -cum -Conciliation Officer. It has further been contended by the petitioners that the same qualification should have been provided for the appointment to the post by way of direct recruitment as well as promotion and the L.L.B. should be an essential qualification. Reliance has been made on the order of the Allahabad High Court in the case of Surendera Kumar Sharma Versus State of U.P. and others, 2002 Lab. I.C. 3613, in support of this contention It is on this basis that the vires of the Rules have been challenged.

(3.) THE qualifications as prescribed under The Haryana Labour Department Group 'B' Service First Amendment Rules, 1994, as contained in Appendix 'B' for appointment by way of direct recruitment or transfer or deputation read as follows : -