Team News Riveting
Raipur, August 25
In a major jolt to the Chhattisgarh Government, the Bilaspur High Court today stayed the appointment of Agralal Joshi as the President of the Industrial Court, Raipur.
The State Government had brought an amendment that facilitated for appointment of the President of the Industrial Court, the State Government need not consult the High Court and that any amendment in the Rules shall be made without consultation with the High Court. Thereafter, in exercise of the amended power the State Government has issued an appointment order dated August 12, 2021 appointing Agralal Joshi as President of the Industrial Court, Raipur.
Malay Jain challenged the amendment in the writ petitions.
Hearing on the petitions, Acting Chief Justice of Chhattisgarh High Court Prashant Kumar Mishra stayed the appointment and functioning of Joshi. “Having considered the entire facts situation of the case, the effect and operation of the order dated 12-8-2021 bearing No.F 1-10/2013/16 appointing the respondent No.4 in WPC No.3438 of 2021 (Agralal Joshi) as President of the Industrial Court, Raipur, shall remain stayed, till further orders,” the court said.
“Since it is informed that respondent No.4 has already joined the post on 24th August, 2021, we further direct that he is restrained from functioning as President, Industrial Court, Chhattisgarh,” the court added.
As prayed, post both the matters for final hearing in the week commencing from 4-10-2021. In the meanwhile, State shall file detailed return and also keep available the subject record wherein the impugned amendment and appointment of the respondent No.4 has been carried out.
S C Verma, Advocate General has referred to Section 7A(2)(4) of the Act, 1947 to argue that the Government/appropriate Government has the power to appoint the President of the Industrial Tribunal. He would also refer to Section 9 of the Chhattisgarh Industrial Relations Act, 1960 wherein the State Government has been empowered to appoint a person other than the Judicial Officer, as President of the Industrial Court.
The court of Acting Chief Justice observed, “Prima facie, there is no quarrel with the power of the Government to appoint. Even under unamended rules, the power lies with the State Government.”
The real issue is whether the requirement of consultation with the High Court can be done away with and more so in the teeth of judgment of the Hon’ble Supreme Court in Labour Law Practitioners’ Association (supra) bringing the labour judiciary, to which the President, Industrial Court is definitely a part, within the ambit of High Court’s control under Articles 233 to 235 of the Constitution of India.
“In view of the legal position, as discussed above, we are of the prima facie view that the appointment of President, Industrial Court, Chhattisgarh, could not have been made without consultation with the High Court, as it affects the separation of power and High Court’s control over the subordinate judiciary,” the court said.
