STATE OF MAHARASHTRA Vs. LABOUR LAW PRACTITIONERS ASSOCIATION

JUDGEMENT

(1.) The first respondent, Labour Law Practitioners' Association is an association of members practising in the Industrial and Labour Courts in the State of Maharashtra. The Association filed a writ petition before the High Court challenging the appointment of Respondents 2 and 3 who were Assistant Commissioners of Labour, as Judges of the Labour Court at Pune and Sholapur under a notification issued by the Government of Maharashtra dated 8-3-1979. They also prayed that the provisions of the amended Sec. 9 of the Bombay Industrial Relations Act and the amended Sec. 7 of the Industrial Disputes Act insofar as these provisions authorised the appointment of Assistant Commissioners of Labour as Judges of the Labour Court, were void and illegal and contrary to Art. 234 of the Constitution. There was also a prayer in the writ petition for a direction to the State of Maharashtra to comply with the provisions of Art. 234 of the Constitution in appointing Judges of the Labour Court. A learned single Judge of the High Court set aside the notification of 8-3-1979 and also gave a direction to the State of Maharashtra to comply with the provisions of Art. 234 of the Constitution while making appointments of Judges of the Labour Court. Being aggrieved by this judgment and order, the appellant-State of Maharashtra preferred an appeal before a Division Bench of the High Court which appeal has been dismissed. Hence, the present appeal has been filed before us.

(2.) Labour Courts have been constituted in the State of Maharashtra under the Industrial Disputes Act, the Bombay Industrial Relations Act and also under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. Prior to 1974, the qualifications of a person to be appointed as a Judge of the Labour Court under the Industrial Disputes Act as laid down in Sec. 7 were as follows :

(3.) Under the Bombay Industrial Relations Act, as it originally stood, Sec. 9 provided that no person shall be eligible to be appointed as a Judge of the Labour Court unless he possessed the qualifications, other than the qualification of age, laid down under Art. 234 of the Constitution for being eligible to enter the Judicial service in the State of Maharashtra. By Maharashtra Act 47 of 1977 dated 24-10-1977, Sec. 9 of the Bombay Industrial Relations Act was amended by substituting a new sub-sec. (2) for the original sub-sec. (2) of Sec. 9. The amended sub-sec. (2) of Sec. 9 provides as follows :