TMI Blog1998 (4) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... hief Labour Commissioner (Central). 2. Labour officers (Central pool) consisting of Labour Officers and senior labour Officers. 3. Labour Welfare Commissioners' cadre consisting of Assistant Welfare Commissioner and Welfare Commissioner. 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 origin cadres. By reason of the merger, his chances of promotion have been substantially diminished. He has, therefore, challenged the exercise of power under Article 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. Under Article 309 of the Constitution Legislature is empowered to regulate the recruitment and conditions of service of persons appointed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he principles laid down in State of Maharashtra V. Chandrakant Anant Kulkarni (supra), we have to examine whether the cadres which have been merged by the notification of 3.2.1987 were comparable carrying similar qualifications and comparable duties and salary. Respondent no.5 in his affidavit has stated that prior to the merger of the three cadres the cadre Review Committee which had been appointed for cadre review had recommended the merging of these three cadres/services operating under the Ministry of labour. The Cadre Review Committee was headed by cabinet Secretary and had members of various other ministries such as Secretary Labour, Finance, Department of Personnel, Law and Defence. The recommendations of the committee were approved by the cabinet. Thereafter Rules were framed and these Rules were sent for approval first to the Department of Personnel and thereafter to the Law Ministry and the Union Public Service Commission. After considering the observations of all these department/agencies appropriate Rules were framed and notified by the Government. The respondents have stated that a detailed exercise in this connection was done to ensure that no injustice takes place to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y at the top, the chief labour commissioner. At the material time there also existed in the Labour Ministry another set of officers known as Labour officers (Central pool) and senior labour officers whose main duty was to maintain harmonious relations between management of an undertaking and its workers to bring the grievances of the workers to the notice of the management and to encourage provision of amenities to workers by the management. There was also a third set of officers at the material time under the welfare Wing of the Ministry of labour headed by the Director General, labour Welfare who was ex-official Joint Secretary to the Government of India. He was assisted by a Welfare Commissioner with a supporting staff consisting of nine Welfare commissioners and five Assistant Welfare Commissioners. The salary scale of Assistant Welfare Commissioners as also of the Labour Officers in the Central Pool was the same as the salary scale of Assistant Labour commissioners, namely, ₹ 700- 1300. While the salary scale of senior labour Officers (Central pool), Welfare commissioners and Regional Labour Commissioners was in the same scale of ₹ 1100-1600. The cadres which have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een the management of the undertaking and the workers. For this purpose they were required to advice the management and the trade unions. It was also their duty to bring to the notice of the management the grievances of the workers, to advice and concerned department of the undertaking or the statutory obligations under the Factories Act, 1948 to encourage the provision of amenities such as Canteen, creches, providing drinking water and so on. The main role was to advise the management in various labour related issues. A Labour officer was prohibited from appearing in any disciplinary proceedings against the worker or in conciliation proceeding. The Assistant Welfare commissioner was required to assist the employer in formulating proposals for grant-in- aid under various welfare schemes such as housing and water supply, health, education and recreation of workers. They were required to supervise the utilisation of grants sanctioned by the Ministry of Labour. They could also formulate proposals for opening dispensaries hospitals, recreational activities in the mining areas for disbursement of scholarships to the school-going children of workers in mines and so on. The cadre Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stant labour commissioners were in a higher pay scale than labour officers. The parity between their pay scales came about only from January 1973. That is why to preserve their inter se position, Assistant labour Commissioners appointed prior to 31st of December, 1972 have been placed above Labour officers. Similarly, Regional Labour commissioners drew a higher pay scales than senior labour officers prior to 1980. The parity has come about in 1980 and hence Regional labour Commissioners holding such posts on or before 2nd of March, 1980 have been placed above senior labour officers. The seniority Rules have thus been carefully framed taking all relevant factors into consideration. The respondents have also pointed out that as a matter of fact, by reason of the merger, the appellant has not, in fact, suffered any prejudice and he has also received promotions. However, it is possible that by reason of such a merger, the chance of promotion of some of the employees may be adversely affected, or some others may benefit in consequence. But this cannot be a ground for setting aside the merger which is essentially a policy decision. This court in Union of India v. S.L. Dutta (supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
