2020 Lab I C (NOC) 46 (Gau) ::AIROnline 2019 Gau 497 ::(2020) 6 Gau LR (Noc) 2 ::2020 (6) Gau LR (NOC) 2 (GAU) ::(2019) 4 Gau LT 962

Gauhati High Court

Hon'ble Judge(s): S. Serto , J

(A) Industrial Disputes Act (14 of 1947) , Sch.III Item.7— Cadre - Notification - Validity - Notifications in respect of amalgamation and re-designations of post and services issued by respondent, Transport Department - Plea of petitioners, employees that said notifications are malafide and illegal because Resolution on which they were based actually did not approve their issuance, also they are violative of R.7 of Government of Mizoram (Transaction of Business) Rules (1987) - Approval copies showing that policy decision in respect of amalgamation was taken by Council of Ministers before issuance of said notifications - Such policy decision is not open to judicial review - Notification, valid. Constitution of India , Art.166(2), Art.166(3)— Government of Mizoram (Transaction of Business) Rules (1987) , R.7— (Para 17 19) (B) Industrial Disputes Act (14 of 1947) , Sch.III Item.7— Gradation list - Effect of amalgamation of services - Petitioners, employees facing disadvantage in common seniority list prepared and likely to lose chance of promotion - However seniority and promotion are incidents of service - Policy decision taken to trim strength of employees Transport Department to save public money while maintaini....