GUJARAT MAZDOOR SABHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On a Reference made by a Division Bench, this case has come before us in Full Bench. In the Reference Order, learned Judges of the Division Bench doubted the correctness of the decision rendered by another Bench in the case reported as T. R. Mishra v. State of Gujarat , 1990 (2) GLH 506 : 1990 (2) GLR 1103. In the reported decision, this Court took the view that Labour Court and Industrial Court are not covered by the expressions "District Judge" and "Judicial Service", within the meaning of Art.235 and 236 of the Constitution and they are not under the administrative control of the High Court. The correctness of this view is the issue to be dealt with.

(2.) Petitioners are registered Trade Unions, representing large number of workman engaged in various Industries in the State of Gujarat. Their prayer is to declare S. 7 and 7A of the Industrial Disputes Act and S. 9 and 10 of the Bombay Industrial Relations Act, 1946 as ultra vires the Constitution insofar as they empower the Government to appoint Judges of Labour Courts, Industrial Courts and Industrial Tribunals without consultation with the High Court of the State. They also prayed for restraining the respondents from appointing, promoting or transferring any member of the Labour Judiciary without consultation with the High Court of Gujarat.

(3.) Industries engaging Labourers have come to occupy a pivotal position in the development of the Nation. Development depends upon the smooth functioning of the Industries, which, in turn, depends upon the relationship between the employer and the employee. Whenever any bickering between these two takes place, the labour adjudicatory system has to play a vital role. Industrial disputes are to be settled in the most amicable and efficient manner. Industrial peace, prosperity and progress depend upon the efficiency of the Settlement Machinery. For arriving at such settlement, Industrial Law recognises Labour Judiciary. Industrial Disputes Act, 1947 provides for two kinds of forum, viz., Labour Courts for certain industrial disputes, and Industrial Tribunals for certain other types, though their jurisdiction overlaps in some respects. The Bombay Industrial Relations Act is made applicable to certain Industries in the State of Gujarat. That enactment provides two types of Courts, viz., Labour Courts and Industrial Courts. Industrial Courts are superior to the Labour Courts, thereby establishing a hierarchy of Labour Judiciary. In the State of Gujarat, some Labour Courts work both under the Industrial Disputes Act and the Bombay Industrial Relations Act. Some Judges work both as Industrial Tribunal under the Industrial Disputes Act and as Industrial Court under the Bombay Industrial Relations Act. The Labour Judiciary is, thus, the centre of the system of Industrial adjudications in the State of Gujarat.