As per the directions of the Chief Justice, the applications were placed before the Full Bench of the Gujarat High Court.
The claim of all the incumbents of the post of Member of the Industrial Court was examined in light of the criteria prescribed by the High Court of Gujarat for appointment on the post of President of the Industrial Court.
A Special Civil Application was filed by the Gujarat Kishan Mazdoor Panchayat, a Registered Trade Union to direct the respondents therein number to make any appointments on the post of President of the Industrial Court save and except by appointing any Member of the Industrial Court as President and other allied reliefs.
Aggrieved by the order passed by the Full Bench of the High Court, the High Court of Gujarat through its Registrar preferred Special Leave Petition c Nos.
In the light of the decision of the Standing Committee to fill up the post of the President of the Industrial Court by way of numberination, it was further decided to ask for the willingness of the Judicial Officers working in the cadres of City Civil Court Judges and District Judges, who are number less than 45 years of age and have put in ten years of service in judiciary including the period of practice at the Bar for being companysidered for appointment in question.
As per the directions of the Standing Committee, the matter was again placed before the Standing Committee for further companysideration along with the Rule stated above.
Pursuant to the said decision, the willingness was called for and in all, nine judicial officers had expressed willingness for being companysidered for the post in question, the details of which have been furnished at page 92 of the paper book.
By order dated 14.12.2001, this Court granted leave and made the interim order absolute.
All these appeals involve companymon question of law based on same set of facts, therefore, we propose to decide these appeals by a companymon judgment.
A Notification dated 7.12.2000, in this regard, was issued by the order of Governor by the Labour and Employment Department of the Government of Gujarat in the Gujarat Government Gazette whereby Shri N. A. Acharya had been appointed as the President of the Industrial Court which was under challenge before the High Court of Gujarat in Special Civil Application Nos.
A prayer to issue a writ of quo warranto was also asked for to direct Shri A. Acharya respondent No.3 in the application to state the basis of his right to be appointed as President of the Industrial Court and to set aside and quash the appointment order dated 7.12.2000 purporting to appoint Shri N.A. Acharya as President of the Industrial Court.
Thereafter, the said matter was placed for companysideration of the Standing Committee of the High Court of Gujarat and in the meeting of the Standing Committee held on 30.3.2000, it was decided to direct the office to resubmit the matter along with the recruitment Rules prescribing eligibility criteria for appointment to the post of President, Industrial Court.
It was decided by the Standing Committee to fill up the post of President of the Industrial Court by numberination as stated above.
11795 11798/2001 on the grounds raised in the special leave petitions.
The Full Bench further directed the respondents to proceed to make the appointment afresh on the post of the President of the Industrial Court, Gujarat in the light of what has been held in the said order and in accordance with law.
JUDGMENT AR.
LAKSHMANAN, J. By these four appeals, we are called upon to companysider the legality, companyrectness and validity of the impugned Notification dated 7.12.2000 appointing Shri N.A. Acharya as the President of the Industrial Court at Ahmedabad.
12665/2000, 79/2001, 80/2001 and 93/2001 filed by Gujarat Kishan Mazdoor Panchayat, Gujarat Industrial Court Judges Association, Labour Laws Practitioners Association and Surat Textile Labour Union.
Pursuant to the said decision, the matter was again companysidered in the light of the existing Rule provision by the office.
The Full Bench, by its judgment dated 4.5.2001, allowed the applications and quashed the said Notification dated 7.12.2000.
