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1998 Supreme(Guj) 266

K.R.VYAS, K.SREEDHAR RAO, N.N.MATHUR
GUJARAT MAZDOOR SABHA – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.A.Bhambhania, GIRISH PATEL, R.C.Jani, S.N.SHELAT

K. SREEDHARAN, J.

( 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 re









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