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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M. MANOJ, J
M.K. Thankappan, S/o. M.R. Kuttan – Appellant
Versus
Union Of India, Represented By The Secretary To Government, Ministry Of Labour – Respondent
JUDGMENT :
(P.M. MANOJ, J.)
This writ petition is filed seeking the following reliefs:
"For these and other reasons that might be allowed to be urged at the time of hearing, it is respectfully prayed that this Honourable Court may be pleased to call for the records of the case and issue
1) declare Sections and 7(3)(g) and 7A(3)(b) and 7(3)(f) 7A(3)(c) of the Industrial Disputes Act, 1947 as unconstitutional
ii) read down Sections 7(3)(f) and 7(3)(g) and 7A(3)(b) and 7A(3)(c) of the Industrial Disputes Act as unconstitutional.
ii) be further pleased to issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case."
2. The principal contention put forth by the petitioner is regarding the constitutional validity of the amendments brought to Sections 7 and 7A of the Industrial Disputes Act, 1947 (for short ‘the ID Act’) whereby the qualification for appointment to the post of Presiding Officers of the Labour Courts and Industrial Tribunals were amended. Pursuant to the said amendment, as per the law as it stands now, Joint Labour Commissioners and Deputy Chief Labour Commissioners are permitted to be appointed as Presiding Officers of Labou
The amendments to the Industrial Disputes Act allowing certain executive officers as Presiding Officers do not violate constitutional mandates regarding judicial independence.
The main legal point established in the judgment is the determination of the retirement age of Presiding Officers of Industrial Tribunals, based on the conflicting provisions of the Kerala Service Ru....
Purposive interpretation of labour code amendments preserves existing tribunals and civil court jurisdiction until new mechanisms are established, avoiding adjudication vacuum.
Point of Law : Labour law - Contractual employee – Whether comes under Act, 1947 - Definition of “industry” under section 2(j) of ID Act shows that definition includes any kind of trade undertaking, ....
The Ministry of Labour cannot adjudicate its status as an 'industry' under the Industrial Disputes Act, and must refer disputes to a labour court, as its role at that stage is purely administrative.
The Labour Court lacks jurisdiction to modify minor disciplinary punishments unless under Section 11A for discharge or dismissal cases, reaffirming that fair enquiry findings cannot be overturned wit....
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