GIRISHBHAI KANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, who are Advocates, practising before the Labour Court at Rajkot, have prayed for a writ in the nature of Quo Warranto against Mr. B. G. Patni, Presiding Officer, Labour Court, Rajkot, on the ground that his appointment as Labour Court Judge was in contravention of Sec. 9(2) of the Bombay Industrial Relations Act, 1946, as Mr. Patni was not qualified for being appointed as a Judge of Labour Court.

(2.) Various other serious allegations are made in the petition. Therefore, at the time of admission hearing of the matter, after hearing the learned Advocates for the parties at length, we have requested Mr. Justice B. S. Kapadia (Retd.) of this Court to accept the assignment as the Commissioner of the Enquiry Commission to hold an enquiry into the matter and to submit his report to this Court. The relevant part of the said order dated 22nd September 1994 is as under :-

(3.) For the aforesaid prayers, various contentions are raised in the present petition against respondent No. 3. Firstly, it is pointed out that respondent No. 3 was serving as an Accountant in the office of the Gujarat State Road Transport Corporation prior to his appointment as Presiding Officer of the Labour Court in 1990 and, therefore, he is not qualified for appointment as a Presiding Officer of the Labour Court under Sec. 9 of the Bombay Industrial Relations Act. Subsec. (2) of Sec. 9 prescribes qualifications for appointment as Presiding Officer of Labour Court. Admittedly, respondent No. 3 is not qualified under clause (a) of sub-sec. (2) of Sec. 9. It is contended by respondent No. 3 that he is qualified under clause (b) which reads as under :- "