S C SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) The core question, which has been canvassed in this writ petition is whether the officers of the Indian Administrative Service, Labour and other departments who have never discharged judicial functions are legally capable of manning the Labour Courts and the Industrial Tribunals constituted under the U.P. Industrial Disputes Act, 1947. It was pointed out that there are 19 Labour Courts and 6 Industrial Tribunals in the State of U.P. and except for one, all are being presided over by the officers of the administrative, labour and other departments. It was urged that in view of the decision of the Apex Court in the case of State of Maharahstra v. Labour Law Practitioners Association, AIR 1998 SC 1233, the said Tribunals and Courts cannot be presided over by those officers who are not qualified to serve as Judges under Article 236 of the Constitution of India.

(2.) Heard Sri Sandeep Saxena, learned Counsel for the petitioner as well as learned Standing Counsel.

(3.) The present petitioner approached the Apex Court by filing a Writ Petition No. 497 of 1992 which some interim orders were passed. On 22.11.1995 (copy whereof is Annexure 1-A), the Hon'ble Supreme Court passed the following orders :