The appellants, who are promotees in the cadre of Inspectors and even higher posts in the Department under Factories and Boilers Branch in the State of Karnataka are aggrieved by the decision of the Tribunal quashing the gradation list as published in 1975.
While the companyrespondence was pending, the State Government framed two Rules, one Mysore State Government Service Recruitment of Local Candidates to Class III Posts Rules, 1966 and Mysore Labour Service Recruitment Rules, 1966.
Consequently the order of the Labour Commissioner regularising the services of the appellants on 15.12.1967 was number in accordance with law.
They were promoted as Inspectors between December 1969 to September 1970.
During pendency of these proceedings, further promotions were, also, made.
They were appointed as Assistant Inspectors Factories in 1963.
The Commissioner of Labour took recourse to these Rules specially the Rules relating to the local candidates and purported to regularise the services of appellants by regularly appointing them.
In May 1971 the respondents were appointed as Inspectors of Factories by direct selection.
The minimum qualification for appointment as Assistant Inspector then was a Degree in Science.
They were appointed probably, because qualified persons were number available.
The Chief Inspector of Factories, therefore, wrote to the Government that their service be regularised.
The appellants promotees were shown as senior to respondents direct appointees.
The Government realised the difficulty of the appellants, therefore, it amended 1959 Rules retrospectively in 1984 and provided diploma as one of the qualifications for Assistant Inspector of Factories.
When numberrelief came from the Government, they approached the High Court but the petitions were transferred to Tribunal.
The respondents represented against it.
In the mean time, one of the appellants was promoted as Senior Inspector Class I. The respondents then challenged the initial appointment of appellants.
The latter Rules relaxed the qualification and the minimum qualification became diploma in Engineering.
The appellants were only diploma holders.
