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1994 Supreme(SC) 621

KULDIP SINGH, YOGESHWAR DAYAL
Tarsem Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
ANANT PALLI, ASHOK MAHAJAN, Atul Sharma, BALRAM GUPTA, D.V.Sehgal, G.K.BANSAL, P.P.Rao, R.S.Yadav, REKHA PALLI, RINA AGARWAL

JUDGMENT

KULDIP SINGH, J.:- The recruitment and conditions of service of persons appointed to Class III Service in the Punjab Labour Department are regulated by the statutory rules called the Punjab Labour Department (State Service Class III) Rules, 1969 (the Rules). Rule 8(1)(a)(i) of the Rules is relevant for the purposes of these appeals. It would, however, be useful to reproduce Rule 8(1) as a whole :-

"8. Recruitment to the Service shall be made in the manner indicated below :-

1. Field and Technical Staff

(a) In the case of Labour Inspectors-

(i) by promotion from amongst the Wage Inspectors and ministerial employees who are members of the Punjab Labour Department (State Service Class III) having three years experience of the working of labour laws as such;

(ii) by transfer of a person who possesses educational and other qualifications as provided for in Rule 9 and is already in the service of the Government of India or of a State Government; and

(iii) by direct appointment :

Provided that 60 per cent of the vacancies shall be filled in by the method prescribed by sub-clause (i), (35 per cent out of Wage Inspectors and 25 per cent out of ministerial employees mentioned in sub-clause




















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