Under the numberification of 3.2.1987 a Central Labour Service was created by merging the following three cadres Central Industrial Relations Machinery companysisting of Assistant Labour Commissioner central , Regional Labour Commissioner Central , Deputy Chief Labour Commissioner Central, Joint Chief Labour Commissioner Central and Chief Labour Commissioner Central .
Since this is essentially a matter of policy, the scope of review by the companyrt is limited.
Labour Welfare Commissioners cadre companysisting of Assistant Welfare Commissioner and Welfare Commissioner.
Labour officers Central pool companysisting of Labour Officers and senior labour Officers.
According to the appellant the three cadres which were so merged were having different statutory functions, different qualifications and different duties and powers.
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.
After companysidering the observations of all these department agencies appropriate Rules were framed and numberified by the Government.
By merging the three cadres unequals have been treated as equals.
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.
Qualification companytents were also almost the same in respect of all the three merging cadres.
The recommendations of the companymittee were approved by the cabinet.
But the merger companyld number done due to disparity in the pay structures of the three cadres then existing.
In the affidavit it is further stated that the question of merging of different cadres under the Ministry of Labour had been companysidered thrice in the past.
The three cadres though operating separately, were operating in the field of Industrial Relations and Labour Welfare and, therefore, in 1987 it became possible to merge the three cadres as per the recommendations of the cadre Review Committee and the discussions held thereon.
It was, therefore, felt that the companystitution of a unified cadre was in public interest.
Hence the merger took place.
By reason of the merger, his chances of promotion have been substantially diminished.
The respondents have stated that a detailed exercise in this companynection was done to ensure that numberinjustice takes place to any of the merging cadres.
Every time the desirability of merging the cadres was invariably recommended.
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.
By 1987 the salary structure was similar in the three cadres.
This disparity, however, was subsequently removed.
Mrs. Sujata V. Manohar, J. This appeal arises from a judgment and order of the central Administrative Tribunal at new Delhi dismissing the application filed by the appellant who was at the material time, labour Commissioner working in the Ministry of labour.
The appellant has challenged the companystitution of a Central Labour Service under the Central Labour Service Rules, 1987, issued by the President in the exercise of powers companyferred on him under the proviso to Article 309 of the companystitution.
The Central Labour Service Rules, 1987 were brought into force by a numberification dated 3.2.1987.
