STATE OF MAHARASHTRA Vs. LABOUR LAW PRACTITIONERSS ASSOCIATION

JUDGEMENT

(1.) The Labour Court in the State of Maharashtra are constituted under the provisions of the Industrial Disputes Act. 1947, the Bombay Industrial Relations Act, 1946 and the Maharashtra recognition of Trade Union and Prevention of Unfair Labour Practices Act 1971.

(2.) The relevant provision in the Industrial Disputes Act is contained in section 7. Sub-section (1) of section 7 authorises the State Government (the appellant) to constitute one or more Labour Court for the adjudication of Industrial disputes relating to any matter specified in the Second Schedule to that Act sub-section (2) of section 7 provides that the Labour Court shall consist of one person to be appointed by the appropriate Government. The original sub-section (3) of section 7 provided the qualifications of that person viz., that (a) he is or had been a Judge of a High Court, or (b) had, for a period of not less than three years been a District Judge or an Additional District Judge; or (c) had held the office of Chairman or other member of the Labour. Appellate Tribunal constituted under the Industrial Disputes Act for a period of not less than 2 year; or (d) had held any judicial office in India for not less than 7 years; or (e) had been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than 5 years. By the Industrial Disputes (Maharashtra Amendment) Act, 1947, section 7 was amended and sub-clauses (d-1)(d-2) and (d-3) were added. They read thus :

(3.) Section 9 of the Bombay Industrial Relations Act constitutes Labour Court for the purpose of deciding the disputes set out in section 78 of that Act. Under the provisions of section 9 thereof the State Government was required to appoint persons having the prescribed qualifications to preside over the Labour Court. The proviso to section 9 laid down that no person should be so appointed unless he possessed the qualifications laid down under Article 234 of the Constitution for being eligible to enter the judicial service in the State. Sub-section (2) of section 9 was amended by Maharashtra Act No. XLVII of 1977 dated October 24, 1977. The amended sub-section reads thus :