M.K.THANKAPPAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petitioner claims to be a trade unionist representing the employees of various industrial establishments, including establishments wherein the appropriate Government is the Central Government, and is said to be conducting cases on behalf of the members of the trade union in the Labour Courts and Industrial Tribunals in the State of Kerala in representative capacity and is actively involved in the collective bargaining process under the provisions of the Industrial Disputes Act , 1947.

(2.) The writ petition is filed seeking a writ of quo warranto or any other appropriate writ, order or direction calling upon 2nd respondent i.e., V.Vijayakumar, Presiding Officer, Central Government Industrial Tribunal- cum-Labour Court, Ernakulam, to explain under what authority he is holding the post of Presiding Officer, and a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside Ext.P4 order passed by the Government of India, Ministry of Labour and Employment, New Delhi dated 1st November, 2018, appointing 2nd respondent as Presiding Officer in Central Government Industrial Tribunal-cum- Labour Court, Ernakulam, for a period of 5 years with effect from the date of assumption of charge of the post or upto the age of 65 years, whichever is earlier. However, it is made clear in the said order that, the appointment of Sri. V. Vijayakumar shall be regulated in terms of Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and Other conditions of Service of Members) Rules, 2017, hereinafter called, 'Rules 2020', and would be subject to the final outcome of W.P.(C)No.279 of 2017 and other connected petitions pending before the Hon'ble Supreme Court of India.

(3.) The case projected by the petitioner is that the post to which the 2nd respondent is appointed is a public office created under the Industrial Disputes Act , 1947, hereinafter called, "Act, 1947". Act, 1947 prescribes the qualification for appointment to the post of Presiding Officer-Labour Court and Industrial Tribunals. Accordingly, the qualification to the post of Presiding Officer- Labour Court prescribed under section 7(3) of the Industrial Disputes Act, 1947 is as follows: