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Gujarat High Court
Judgename :K.G.Balakrishnan, M.H.Kadri
PRANTIYA KAMDAR SENA - Appellant
Versus
STATE - Respondent
S.C.A. 116 of 1998
Decided On : 10/14/1998
The short-listing of candidates was done on the basis of the written test. The petitioners have no grievance against the manner in which the written test was conducted. There is also no allegation that the elimination test was done due to any extraneous consideration. Therefore, Court do not find any illegality on the part of the Commission in conducting the elimination test.
[Para 10]
(b) Constitution of India, 1950 - Industrial Disputes Act, 1947 - Sec. 7 - Selection of Judges for Labour Court - Public Interest Litigation - Who can maintain writ - Locus standi - Held, If any person is aggrieved - Is not vitiated by any procedural illegality.
In fact, in a petition filed in the form of Public Interest Litigation, it will not be justifiable for this Court to go into such details. If any person is aggrieved, it is for him to challenge the selection and in matters relating to service, the Supreme Court deprecated the practice of public interest litigation. When the aggrieved persons are not coming forward to challenge the selection, it would not be proper for others to take up their cause and seek remedies. Therefore, Court hold that the selection made by the Commission, as such, is not vitiated by any procedural illegality.
[Para 11]
(c) Industrial Disputes Act, 1947 - Sec.7 - Public Service Commission consulted - Appointment made - Judges of Labour Court - Sitting - High Court Judge was not in interview - Held, selection of 71 candidates by GPSC for being interview who have been successful in the elimination test, have to be interviewed again for selection.
Court nold that the elimination test conducted by the Public Service Commission was just and proper and the selection of 71 candidates by the Gujarat Public Service Commission for being interviewed for selection has been validly made. However, we hold that the further selection of the candidates shall be done only in the presence of a sitting High Court Judge and we direct that the candidates, who had been successful in the elimination test, have to be interviewed again for the selection.
[Para 18]
(d) Service and Employment - Appointment of Judges of Labour Court - PSC consulted but High Court not consulted - Whether selection valid - Held, the final select list set aside - Selected candidates may also be interviewed - List to be finalise in consultation of High Court.
Court set aside the final select list prepared by the Gujarat Public Service Commission and hold that the 71 candidates, who were successful in the preliminary test, may again be interviewed for the purpose of selection and the State Government shall take further steps for seeking consultation of the High Court of Gujarat for the purpose of finalisation of the selection of candidates for being appointed as Judges of the Labour Courts.
[Para 20]
(e) Appointment of Judges of Labour Court - High Court not consulted - Appeal to Supreme Court important question - Held, followed SC Judgment - No substance case of General importance - Permission declined.
This Court have only followed the Supreme Court judgments, according to us, in this case, there is no substantial question of law of general importance, which needs to be decided by the Supreme Court, and, accordingly, we decline to grant the certificate, as prayed for by the learned counsel for respondents No. 4 to 8.
[Para 26]
( 1 ) IN all these Special Civil Application, common questions of law arise for consideration and hence, they were all heard jointly and disposed of by this judgment. The petitions relate to the selection, appointment and promotion of Labour Court Judges.
( 2 ) ). We take Special Civil Application No. 6926 of 1998 as the lead case, wherein the following contentions have been raised :- in this Special Civil Application, the petitioner challenges the recruitment of labour Court Judges made by the Gujarat Public Service Commission. The G. P. S. C. issued advertisement for 25 posts of Judges, Labour Court (Junior Division) and out of 25 posts 13 posts were meant for general category candidates, one post for scheduled Caste and five posts for Scheduled Tribe and six posts for Socially and educationally Backward Classes. Government of Gujarat had made Rules to regulate the recruitment to the post of Judge, Labour Court, called "labour Court Judge (Junior Division) Recruitment Rules, 1982". Pursuant to the advertisement, 806 candidates applied for selection and then an elimination test was conducted and 71 candidates were chosen for oral interview. Interview was held in July, 1998 and 12 candidates were selected and one candidate was kept in the wait list. According to the petitioner the selection process is against the procedure declared by the honble Supreme Court for the selection and appointment of Labour Court Judges. There was no consultation with the High Court. The elimination of 729 candidates was arbitrary, irrational and unconstitutional. Constitution of the Selection Committee was illegal. S. C. , S. T. and S. E. B. C. candidates have been denied the opportunity of being considered for appointment by ingenious method of. selection. The petitioner prays for issuance of a writ of certiorari or any other appropriate writ to set aside the selection of candidates for appointment of Labour Court Judges. The petitioner has also prayed for termination of service of the ad hoc Judges already working as Labour Court Judges.
( 3 ) ). On behalf of the respondent-State, a common affidavit has been filed denying the allegations. The main contention urged in the common affidavit is that these public interest litigations are not maintainable as they have no locus standi to file these petitions. There is no bona fides in filing these Special Civil Application as they have been filed at the instance of candidates, who have not been selected. In special Civil Application Nos. 116 of 1998 and 281 of 1998, directions were given by this Court to fill up the posts of Judges of the Labour Court and Industrial tribunal and as the State Government was under the direction to fill up the posts. the selection was conducted in accordance with the Rules made by the Governor under Art. 309 of the Constitution. The selection was conducted in accordance with sec. 7 of the I. D. Act. The recruitment made on the basis of the existing Rules cannot be invalidated on the short ground that it has been made in contravention of Art. 234. The entire process of selection was started pursuant to the direction given by this Court. As regards the non-selection of women candidates, it is submitted that the selection has been made only for 12 posts and 13 vacancies continued to exist and all other reserved categories can be accommodated in those vacancies. 7 candidates belonging to the general category have been selected and that is the exact number which was permissible under the advertisement. Elimination test conducted by the G. P. S. C. was not illegal or arbitrary.
( 4 ) ). On behalf of the Gujarat Public Service Commission, an affidavit has been sworn to by the Deputy Secretary of the G. P. S. C. It is contended that the challenge advanced by the petitioner is not maintainable, as it is quite vague and general in nature. The Commission issued advertisement on 2-3-1998 and it was specifically mentioned that the Commission may hold elimination
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