Important Point
The Labour Court Judges and the Judges of the Industrial Court can be held to belong to judicial service, therefore, their recruitment is required to be made in accordance with Article 234 of the Constitution.

Headnote:Labour Law-Constitution of India-Art. 234-Industrial Disputes Act-Section 7 as amended by Industrial Disputes (Maharashtra Amendment) Act, 1974-Bombay Industrial Relations Act-Section 9 as amended by Maharashtra Act No. 47 of 1977-Judges of Labour Courts-Appointment of-Qualifications required-Respondent Association challenging appointment of Assistant Commissioners of Labour as Judges of the Labour Court at Pune and Sholapur under Notification dated 8.3.1979-Respondents case that appointments as presiding officers of Labour Courts are governed by Art. 234 of the Constitution-Whether the Labour Court Judges and the Judges of the Industrial Court can be held to belong to judicial service?-(Yes)-Definition of expression “Judicial Service” and “District Judge” in Art. 236 of the Constitution.
       Held that the Labour Court performs judicial functions and is a court. The Labour Court adjudicates upon disputes that, had it not been for the Industrial Disputes Act, the Bombay Industrial Relations Act and the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, would have been within the jurisdiction of the ordinary civil courts to decide, although the ordinary civil courts may not be able to grant all the reliefs that are contemplated by these Acts. The Labour Courts are, therefore, courts and decide disputes that are civil in nature. (Para 5)
       The term “District Judge” should not be confined only to the Judge of the Principal Civil Court in the hierarchy of general civil courts. The term would now have to include also the hierarchy of specialised civil courts, such as a hierarchy of Labour Courts and Industrial Courts. The fact that the Chief Presidency Magistrate and the Sessions Judge were also included in the definition of “District” Judge indicates that a wide interpretation is to be given to the expression “District Judge”. The extensive definition of a District Judge under Article 236 is indicative of the same. (Para 8)
       Judicial service thus postulates a hierarchy of courts with the District Judge as the head and other judicial officers under him discharging only judicial functions. (Para 9)
       Going by these tests laid down as to what constitutes judicial service under Article 236 of the Constitution, the Labour Court judges and the judges of the Industrial Court can be held to belong to judicial service. The hierarchy contemplated in the case of Labour Court judges is the hierarchy of Labour Court judges and Industrial Court judges with the Industrial Court judges holding the superior position of District Judges. The Labour Courts have also been held as subject to the High Court’s power of superintendence under Article 227. (Para 16)

Judgment

Mrs. Sujata V. Manohar, J.-The first respondent, Labour Law Practitioners’ Association is an association of members practising in the Industrial and Labour Courts in the State of Maharashtra. The Association filed a writ petition before the High Court challenging the appointment of respondents 2 and 3 who were Assistant Commissioners of Labour, as Judges of the Labour Court at Pune and Sholapur under a Notification issued by the Government of Maharashtra dated 8.3.1979. They also prayed that the provisions of the amended Section 9 of the Bombay Industrial Relations Act and the amended Section 7 of the Industrial Disputes Act is so far as these provisions authorised the appointment of Assistant Commissioners of Labour as Judges of the Labour Court, were void and illegal and contrary to Article 234 of the Constitution. There was also a prayer in the writ petition for a direction to the State of Maharashtra to comply with the provisions of Article 234 of the Constitution in appointing judges of the Labour Court. A learned Single Judge of the High Court set aside the Notification of 8th of March, 1979 and also gave a direction to the State of Maharashtra to comply with the provisions of Article 234 of the Constitution while making appointments of judges of the Labour Court. Being aggrieved by this judgment and order, the appellant-State of Maharashtra preferred an appeal before a Division Bench of the High Court which appeal has been dismissed. Hence, the present appeal has been filed before us.

2. Labour Courts have been constituted in the State of Maharashtra under the Industrial Disputes Act, the Bombay Industrial Relations Act and also under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. Prior to 1974, the qualifications of a person to be appointed as a judge of the Labour Court under the Industrial Disputes Act as laid down in Section 7 were as follows:

(a) that he was or had been a judge of the High Court; or

(b) that he had for a period of not less than three years been a District Judge or an Additional District Judge; or

(c) that he had held the office of the Chairman or any other Member of the Labour Appellate Tribunal or of any Tribunal for a period of not less than two years; or

(d) that he had held any judicial office in India for not less than seven years; or

(e) that he had been the Presiding Officer of the Labour Court constituted under any provincial Act for not less than five years.

By the Industrial Disputes (Maharashtra Amendment) Act, 1974, Section 7 was amended and three more sources of recruitment to the post of a judge of the Labour Court were added. These are:

“(d-1) he has practised as an advocate or attorney for not less than seven years in the High Court or any court subordinate thereto or any Industrial Court or Tribunal or Labour Court constituted under any law for the time being in force; or

(d-2) he holds a degree in law of a University established by law in any part of India and is holding or has held the office not lower in rank than that of Deputy Registrar of such Industrial Court or Tribunal for not less than five years; or

(d-3) he holds a degree in law of University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than five years.”

3. Under the Bombay Industrial Relations Act, as it originally stood, Section 9 provided that no person shall be eligible to be appointed as a judge of the Labour Court unless he possessed the qualifications, other than the qualification of age, laid down under Article 234 of the Constitution for being eligible to enter the judicial service in the State of Maharashtra. By Maharashtra Act No. 47 of 1977 dated 24th of October, 1977, Section 9 of the Bombay Indust

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1998 Supreme(SC) 201

Important PointThe Labour Court Judges and the Judges of the Industrial Court can be held to belong to judicial service, therefore, their recruitment is required to be made in accordance with Article 234 of the Constitu­tion.

Cases Referred (5)

Important Point
The Labour Court Judges and the Judges of the Industrial Court can be held to belong to judicial service, therefore, their recruitment is required to be made in accordance with Article 234 of the Constitution.