- (1.) Doubting correctness of the view expressed in two decisions rendered by two Hon'ble Judges in State of Andhra Pradesh and Anr. v. V. Sadanandam and Ors. (1989 Supp. (1) SCC 574) and Govt. of A.P. and Anr. v. B. Satyanarayana Rao (Dead) by LRs. and ors. (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. The question for consideration 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 correct.
(2.) 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 consisted of 3 units, namely, Labour, Factories and Boilers. The employees belonging to the ministerial cadres in all the 3 units had a channel of promotion to higher non-technical executive posts like Assistant Inspector of Labour, District Inspector of Labour etc. 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. On 16-9-1963 Factories Unit in the department was bifurcated and subjects relating to Shops and Establishments Act, Minimum Wages Act, Motor Transport Workers Act and Payment of Wages Act in respect of non-factory establishment were transferred to the Labour unit. On 8-12-1965 one more unit, namely, Establishment Unit was created in the Labour Department by transferring non-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. Prior to this arrangement the aforesaid non-technical posts were under the control of the Factories Wing. 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 (now Labour Officer). 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. 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 control of Commissioner of labour. 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 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. On 20-5-1976 ministerial posts of Factories and Boilers Department were organized into Local cadres pursuant to the Presidential Order. Similarly, the posts in the Labour Department were also organised into local cadres. 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. On 2-9-1977 by the Rules made under proviso to Article 309, UDC's 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. On 20-7-1982 in G.O. 503 the Government directed that the concessions given in G.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 continue to the last person in the department as on 20-7-1982 and the concession will be withdrawn in respect of persons appointed thereafter in the Factories and Boilers department. The said concession was extended to the last person in the department by a memorandum dated 19-5-1983. By G.O. Ms. 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. These were treated to be zonal non-gazetted posts, unit of appointment being the zone. In G.O. Ms. 170 Rules under proviso to Article 309 were issued constituting the posts of Labour Officer into multi-zonal cadre posts.
(3.) 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. A Full Bench of the Tribunal allowed the petitions and declared that the impugned Rules to the extent they enable the ministerial employees of the Factories and Boilers department or any other department to be considered for appointment to the posts in Labour department are violative of paras 3 and 5 of the Presidential Order and, therefore, were void. However, liberty was given to the Government to create posts in the Factories and Boilers Departments for persons who were regularly appointed more than 3 years prior to the filing of the petitions before the Tribunal in the Executive posts in Labour Department, without affecting the rights of the employees of the Labour Department in the respective zones.;