farm machinery operatives; (b) in any employment in domestic service; (c) in any employment the total duration of which is less than three months; (d) in any employment to do unskilled office work; (e) in any employment connected with the staff of Parliament. (2) Unless the Central Government otherwise directs by notification in the Official Gazette in this behalf this Act shall not also apply in relation to(a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or on the result of any examination conducted or interview held by, or on the recommendation of, any independent agency, such as the Union or a State Public Service Commission and the like; (b) vacancies in an employment which carries a remuneration of less than sixty rupees in a month." (Emphasis Supplied) On perusal of the above statutory rule, it is evident that as per Section 3(d), for any employment to do unskilled office work, no sponsorship from Employment Exchange is required. Similarly, while filling up vacancies which carries remuneration of less than Rs.60/per month, the same need not be sponsored through Employment Exchange. Appellant's father was appointed as Masalchi, which is admittedly an unskilled office work and he was paid only Rs.60/- per month. Therefore as per Section 3(1)(d), respondents cannot impose a condition that unless the name of the persons seeking regularisation was sponsored through Employment Exchange, regularisation cannot be ordered, is not valid as it is in violation of the Central Act viz., Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. It is well settled in law that Executive Order will not prevail over the provisions of an Act.
