Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 235 234 227 and 217 (2) (a) Industrial Disputes Act: Section 7 233 1950: Articles 236(a) and (b) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, Articles 236(a) and (b), 233, 234, 235, 227 and 217 (2) ( a)--Subordinate Judiciary-- "District Judge" and "Judicial Service" as defined in Article 236(a) and 236(b)-Scope of-Held, Labour Court performs judicial functions and thus, is a court-Judicial service postulates a hierarchy of courts with the District Judge as the head and other judicial officers under him discharging only judicial functions-Labour Courts are also subject to the High Court's power of superintendence under Article 227-Therefore, in accordance with the principal of separation of power and independence of judiciary, recruitment of Labour Court judges is required to be made in accordance with Article 234 of the Constitution-Service Law-Appointment of judges of Labour and Industrial Courts-General Clauses Act, 1897, Section 3(17)-Labour Law-Industrial Disputes Act, 1947, Section 7 (as amended by the State of Maharashtra in 1974)-Bombay Industrial Relations Act, 1946, Section 9 (as amended)-Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971, Section 6.Words and Phrases-Words "District Judge" and "Judicial Service"- Meaning of-In the context of Constitution of India, Article 236(a) and (b).Respondent No. 1, an association of members practising in the Industrial and Labour Courts in the State, filed a writ petition before the High Court challenging the Notification dated 8.3.1979 issued by the State Government, appointing respondents 2 and 3 who were Assistant Commissioners of Labour, as Judges of the Labour Court. It was also prayed that the provisions of amended Section 9 of the Bombay Industrial Relations Act and amended Section 7 of the Industrial Disputes Act in so far as these provisions authorised the appointment of Assistant Commissioners of Labour as Judges of the Labour Court, were void and illegal and contrary to Article 234 of the Constitution. A single Judge of the High Court set aside the said Notification and directed the State Government to comply with the provisions of Article 234 of the Constitution in appointing Judges of the Labour Court. A Division Bench of the High Court dismissed the appeal filed by the State. Hence this appeal. |
Judge | Hon'ble Ms. Justice Sujata V Manohar |
Neutral Citation | 1998 INSC 81 |
Petitioner | The State Of Maharashtra |
Respondent | Labour Law Practitioners Association And Ors. |
SCR | [1998] 1 S.C.R. 793 |
Judgement Date | 1998-02-11 |
Case Number | 1505 |
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