M. K. THANKAPPAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) The principal contention put forth by the petitioner is regarding the constitutional validity of the amendments brought to Ss. 7 and 7A of the Industrial Disputes Act, 1947 (for short 'the ID Act') whereby the qualification for appointment to the post of Presiding Officers of the Labour Courts and Industrial Tribunals were amended. Pursuant to the said amendment, as per the law as it stands now, Joint Labour Commissioners and Deputy Chief Labour Commissioners are permitted to be appointed as Presiding Officers of Labour Courts and Industrial Tribunals. The amendment stipulates that a Degree in Law and at least seven years' experience in the Labour Department, including three years of experience as a Conciliation Officer, would be the qualification that should be possessed by the candidates who aspire to be appointed to the said post.

(3.) The petitioner would contend that Labour Courts and Industrial Tribunals are courts in the sense they are defined and mentioned in Article 234 read with 236(b) of the Constitution of India and appointment of Joint Labour Commissioners and Deputy Chief Labour Commissioners as Presiding Officers in the said Court/Tribunal would violate the constitutional mandates as laid down under Articles 14, 223 and 234 of the Constitution of India. The petitioner thus challenges the constitutional validity of Ss. 7(3)(f), 7(3)(g), 7A(3)(b) and 7A(3)(c) of the Industrial Disputes Act, 1947, the provisions which were incorporated by virtue of the aforesaid amendment.