JOHN Vs. CHIEF JUSTICE

JUDGEMENT

(1.) EXT. PI is a strike notice issued by different service organisations of the members of the staff and officers of the High Court of kerala. Pursuant to the said notice the Registrar of High Court of Kerala has issued EXT. P2 letter informing the Secretary High Court Staff Association that the token strike along with hunger strike proposed to be held on 6. 2. 2002 was prohibited based on two Government notifications referred to therein. EXT. P2 further reveals that "the Hon'ble the Chief Justice on a due consideration of the Government Notifications referred to above, and the provisions, of the kerala Essential Services Maintenance Act, 1994 has ordered that the above government notifications be made applicable to the High Court Service. " notifications referred to are EXTs. P3 and P4. EXT. P4 is a notification issued by the Government of Kerala exercising the powers vested in Government in terms of Cl. (a) of sub-s. (1) of S. 2 of the Kerala Essential Services Maintenance act, 1994 (6 of 1994), hereinafter referred to as the "act". The government was of the opinion as is revealed in EXT. P4, that the threatened strike by a section of Government employees and teachers w. e. f. 6. 2. 2002 "would result in the infliction of grave hardship on the community of the state. " Therefore, the Government declared certain services mentioned in ext. P4 as essential services. In EXT. P4 notification 15 services are enumerated. These include "courts" also. As a follow up action, EXT. P3 notification was also issued on the same day, exercising the power conferred on Government by S. 3 the Act, prohibiting "strike in the services declared to be essential service". In EXT. P4, Government issued EXT. P3 notification prohibiting strike as it became necessary in the public interest to do so. It is taking note of these notifications that EXT. P2 had been issued by the Registrar of the High Court.

(2.) THE petitioners have come up challenging Ext. P2 and the order of the Hon'ble the Chief Justice referred to therein and seeking a declaration that Exts. P3 and P4 notifications are not applicable to the High court service as the High Court is not under Government. In support of these reliefs it is contended that the Government does not have any power to declares the Kerala High Court as an essential service. S. 2 of the Act enables only the government to declare any service under the Government as essential service. High Court is not a service under the Government. No power is conferred on the hon'ble Chief Justice of the High Court of Kerala to declare the High Court as essential service. So the Hon'ble the Chief Justice cannot declare the High court as essential service. Elaborating these contentions Shri. M. K. Damodaran, the learned counsel appearing for the petitioners submits that Cl. (a) of sub-s. (i) of S. 2 of the Act can be invoked by the Government only that too in respect of the services under it alone. THE High Court is not rendering service under the Government in terms of Constitutional structure governing its establishment and functioning. It is a totally independent body and that independence is one among the salient basic structure of the Constitution of india. So Ext. P3 and P4 notifications cannot take within their fold, the High court. It is further contended by the learned counsel for the petitioners that ext. P4 notification even if issued under S. 2 (1) (a) (ii) of the Act cannot cover the High Court and High Court service, as those are not matters with respect to which the State Legislature has power to make laws. So on that count also Ext. P4 does not cover the High Court. THE Act confers powers to issue notification declaring essential service or prohibiting strike in the essential service only on Government and not on the Chief Justice. THErefore the order issued by the hon'ble Chief Justice as referred to in Ext. P2 is without jurisdiction.

(3.) ON the other hand, it is contended by the respondents that the legislative power conferred on the State Legislature by Arts. 225 and 229 of Constitution of India is sufficient enough to take the High Court within the fold of Ext. P4 notification. It is further contended that when the issue is viewed in that angle, necessarily Ext. P4 will cover the High Court as well. In the ordinary meaning, the word Courts will take in the entire system of courts at different levels where the administration of justice is dispensed with. It is further contended that Ext. P2 letter issued by the Registrar is only a communication given as follow up action to Exts. P3 and P4 notifications issued by Government. It does not have a separate existence. Even without Ext. P2, the High Court stands declared, in terms of Ext. P4 an essential service and consequently the strike in the High Court stands prohibited in terms of ext. P3 notification issued under S. 3 of the Act.