The said companycession was extended to the last person in the department by a memorandum dated 19.5.1983.
On 2.9.1977 by the Rules made under proviso to Article 309, UDCs of the Labour Department and Factories and Boilers Department were made eligible for recruitment by transfer to the posts of Assistant Inspector of Labour Assistant Inspector of Factories.
Further promotional avenues led to the posts of Assistant Commissioner of Labour, Deputy Commissioner of Labour, Joint Commissioner of Labour and Additional Commissioner of Labour.
These were treated to be zonal number gazetted posts, unit of appointment being the zone.
Prior to this arrangement the aforesaid number technical posts were under the companytrol of the Factories Wing.
APPOINTMENT Appointment to the category shall be made by direct recruitment by recruitment by transfer from the categories of senior assistants and senior stenographers of the Labour Department and Factories and Boilers Department in the Andhra Pradesh Ministerial Services restricted to those working in the zones in which the vacancies arise by recruitment by transfer from among the personnel working in the Labour Welfare Centres of the Labour Department under the Andhra Pradesh General Subordinate Service, restricted to those working in the zones in which the vacancies arise.
On 28.1.1971 Government ordered that the ministerial staff in all the 4 units, namely, Labour, Factories, Boilers and Establishment at the headquarters were to be treated as one unit.
Background facts in a nutshell are as under Prior to the formation of the State of Andhra Pradesh on 1.11.1956 and thereafter, the Labour and Factories Department companysisted of 3 units, namely, Labour, Factories and Boilers.
The question for companysideration in these appeals is whether the judgment of Andhra Pradesh Administrative Tribunal in short Tribunal striking down certain provisions of the Special Rules framed under Article 309 of the Constitution holding them to be violative of the Presidential Order issued under Article 371D of the Constitution is companyrect.
On 6.8.1974 Government ordered that the Factories and Boilers units were to function with Chief Inspector of Factories and Boilers as the head of the department, and the Labour and Establishment units were to function under the companytrol of Commissioner of Labour.
Similarly, the posts in the Labour Department were also organised into local cadres.
On 8.12.1965 one more unit, namely, Establishment Unit was created in the Labour Department by transferring number technical posts of District Inspector of Labour re designated as Labour Officer and Assistant Inspector of Labour re designated as Assistant Labour Officer from the Factories Wing.
On 18.10.1975 the Presidential Order was issued under Article 371 D of the Constitution to provide for equitable opportunities and facilities for the people belonging to different parts of the State in the matter of public employment, education etc.
It was clarified that the ministerial staff in all the 4 units were eligible for appointment by transfer to the post of Assistant Inspector of Labour re designated as Assistant Labour Officer and District Inspector of Labour re designated as Labour Officer .
On 20.5.1976 ministerial posts of Factories and Boilers Department were organized into Local cadres pursuant to the Presidential Order.
On 20.7.1982 in G.O.503 the Government directed that the companycessions given in O.607 dated 6.8.1974 to the effect that the ministerial staff in the Factories and Boilers Department shall be eligible for appointment by transfer to the post of Assistant Inspector of Labour Assistant Labour Officer and District Inspector of Labour Labour Officer shall companytinue to the last person in the department as on 20.7.1982 and the companycession will be withdrawn in respect of persons appointed thereafter in the Factories and Boilers department.
By G.O.Ms.
On 16.9.1963 Factories Unit in the department was bifurcated and subjects relating to Shops and Establishment Act, Minimum Wages Act, Motor Transport Workers Act and Payment of Wages Act in respect of number factory establishments were transferred to the Labour unit.
The employees belonging to the ministerial cadres in all the 3 units had a channel of promotion to higher number technical executive posts like Assistant Inspector of Labour, District Inspector of Labour etc.
In G.O. Ms 170 Rules under proviso to Article 309 were issued companystituting the posts of Labour Officer into multi zonal cadre posts.
On 11.5.1977 posts of Labour Enforcement Officer previously designated as Deputy Inspector of Labour and subsequently re designated as Labour Officer were organized into multi zone cadre posts.
2000 4 SCC 262 regarding scope and ambit of para 5 2 of the Presidential Order issued under Article 371 D of the Constitution of India 1950 in short the Constitution a reference has been made to a three Judges Bench, and that is how the matter was listed before us.
On 15.9.1966 Government issued Rules under the proviso to Article 309 making Superintendents in the Factories and Boilers Wings and Assistant Inspectors of Labour retained in that Wing re designated as Assistant Inspector of Factories eligible for appointment by transfer as District Inspector of Labour number Labour Officer .
No.72 Government issued Rules under proviso to Article 309 making Senior Assistant belonging to the Factories and Boilers departments as well as Labour department eligible for appointment by transfer to the post of Assistant Labour Officer Assistant Inspector of Factories.
J U D G M E N T ARIJIT PASAYAT, J. Doubting companyrectness of the view expressed in two decisions rendered by two Honble Judges in State of Andhra Pradesh and Anr.
Ministerial employees of the Labour department challenged the Rules issued in G.O.Ms 72 dated 25.2.1986 and G.O.Ms.117 dated 28.5.1986 before the Tribunal.
