Judgment

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 constitution of a Central Labour Service under the Central Labour Service Rules, 1987, issued by the President in the exercise of powers conferred on him under the proviso to Article 309 of the Constitution. The Central Labour Service Rules, 1987 were brought into force by a notification dated 3.2.1987.

2. Under the notification of 3.2.1987 a Central Labour Service was created by merging the following three cadres :-

1. Central Industrial Relations Machinery consisting of Assist­ant Labour Commissioner (Central), Regional Labour Commissioner (Central), Deputy Chief Labour Commissioner (Central), Joint Chief Labour Commissioner (Central) and Chief Labour Commissioner (Central).

2. Labour Officers (Central pool) consisting of Labour Officers and senior Labour Officers.

3. Labour Welfare Commissioners’ Cadre consisting of Assistant Welfare Commissioner and Welfare Commissioner.

3. Accordin