- (1.) This writ petition under Article 226 of the Constitution of India takes exception to the notification dated 2nd January, 2013 (Annexure P-2) issued by respondent No.1 and for issuance of appropriate writ to respondent No.1 to allow the petitioner to continue in the office of Chairman of Himachal Pradesh Building and other Construction Workers Welfare Board, till he completes the tenure of three years from the date of issuance of notification dated 21st March, 2012 (Annexure P-1).
(2.) Briefly stated, the Additional Chief Secretary (Labour & Employment), Government of Himachal Pradesh vide notification dated 31st March, 2012 constituted the Himachal Pradesh Building and Other Construction Workers Welfare Board in exercise of power vested under Section 18(1) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. By the same notification, the petitioner came to be nominated as Chairman of the said Board, whose term of office was specified as three years from the date of issuance of the said notification. The notification reads thus: "Government of Himachal Pradesh, Department of Labour & Employment. No.Shram (A)4-6/2007-BOCW Part-II Dated Shimla- 171002 the 31st March, 2012. NOTIFICATION In exercise of the power vested under Section 18(1) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the Governor, Himachal Pradesh, is pleased to constitute the Himachal Pradesh Building and Other Construction Workers Welfare Board to exercise the powers conferred in and further the function assign to it under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. The Board shall consist of the following members:- 1. Shri Joginder Singh Verma, Vill. Chhon, P.O. Barara, Teh. Bhoranj, Distt. Hamirpur, HP. Chairman. 2. Under Secretary, Ministry of Labour & Employment, GOI, Jaisalmer House, Man Singh Road, New Delhi-110011. Member. 3. State Govt. Representatives (Five Members) 1. Secretary(Lab & Emp) to the Govt. of HP, Shimla-2. 2. Secretary(Finance) to the Govt. of HP, Shimla-2. 3. Secretary(Social Justice & Empowerment) to the Govt. of HP, Shimla-2. 4. Secretary (Law) to the Govt. of HP, Shimla-2. 5. Labour Commissioner-cum-Chief Inspector of Inspection, HP, appointed under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. 4. Employers Representatives (Five Members) 1. Engineer-in-Chief (PWD) Nigam Vihar, Shimla-2. 2. Engineer-in-Chief (IPH) Department, U.S. Club, Shimla-1. 3. Member Secretary, Himurja, Shimla-9. 4. Chief Executive Officer, HIMUDA, Shimla-2. 5. Managing Director, Power Corporation, Shimla-5. 5. Employees Representatives (Five Members) 1. President, BMS, Shimla-1. 2. President, INTUC, HP. 3. President, AITUC, HP. 4. President, CITU, HP. 5. Shri Surinder Singh Bains s/o Sh. Ran Singh, Vill. Panjler, PO Sakoh, Teh. Dharamshala, District Kangra. The Head Quarter of the Board will be at Shimla. The term of office of the Chairman and the Members of the Board other than the Official members shall be three years from the date of issue of this notification. By order Additional Chief Secretary (Labour & Employment) to the Government of Himachal Pradesh."
(3.) It is the case of the petitioner that with the change of Government after the General Elections, the newly elected majority political party formed the Government. Purely on account of that change, the petitioner was removed from the office of Chairman and in his place, respondent No.2 has been nominated as Chairman with immediate effect from the date of issuance of notification dated 2nd January, 2013 (Annexure P-2). Respondent No.2, incidentally, belongs to the ruling party. The said notification reads thus: "Government of Himachal Pradesh, Department of Labour & Employment. No.Shram (A)4-6/2007-BOCW Part-II Dated Shimla- 171002 the 2nd January, 2013. NOTIFICATION In partial modification of this department notification of even number dated 31.3.2012, Governor, Himachal Pradesh, is pleased to dispense with appointment/services of Sh. Joginder Singh Verma, Chairman with immediate effect. Governor, Himachal Pradesh is further pleased to appoint Sh. Hardeep Singh Bawa, Shop No.8, Sector-I, Parwanoo, District Solan as chairman of Himachal Pradesh Building and other Construction Workers Welfare Board. By order Additional Chief Secretary (Labour & Employment) to the Government of Himachal Pradesh.";