O.P.Garg, S.Harkauli, JJ. - (1.) The core question, which has been canvassed in this writ petition is whether the officers of the Indian Administrative Service, Labour and other departments who have never discharged judicial functions are legally capable of manning the Labour Courts and the Industrial Tribunals constituted under the U.P. Industrial Disputes Act, 1947. It was pointed out that there are 19 Labour Courts and 6 Industrial Tribunals in the State of U.P. and except for one, all are being presided over by the officers of the administrative, labour and other departments. It was urged that in view of the decision of the Apex Court in the case of State of Maharahstra v. Labour Law Practitioners Association, AIR 1998 SC 1233, the said Tribunals and Courts cannot be presided over by those officers who are not qualified to serve as Judges under Article 236 of the Constitution of India.
(2.) Heard Sri Sandeep Saxena, learned Counsel for the petitioner as well as learned Standing Counsel.
(3.) The present petitioner approached the Apex Court by filing a Writ Petition No. 497 of 1992 which some interim orders were passed. On 22.11.1995 (copy whereof is Annexure 1-A), the Hon'ble Supreme Court passed the following orders : "Learned Counsel for the State of U. P. is granted two weeks time to file a full list of the names with particulars including qualifications of the persons who are at present Presiding Officers in the Industrial Tribunals and, the Labour Courts in the State of U. P. We also direct that during this period no further appointment to any of these posts would be made. List the matter on 12.12.1995." Again on 5.2.1996 another interim order (Annexure 2) was passed by the Apex Court, which reads as below : "Pursuant to the order passed on 22.11.1995 by this Court, directing the State of Uttar Pradesh to file full list of names and particulars including qualifications of persons who are at present the Presiding Officers of the Industrial Tribunals and Labour Courts in the State of U. P. an affidavit has been filed giving details of such Presiding Officers of the Industrial Tribunals and Labour Courts. From the said list it appears that majority of the Presiding Officers of such Tribunals and Labour Courts were earlier members of Indian Administrative service or State Executive Service. It need not be pointed out that function of Industrial Tribunals and the Labour Courts are judicial in nature and they have to adjudicate disputes which are primarily and essentially judicial. Accordingly, we direct the respondent State to file further affidavit indicating their policy in respect of future appointments to those posts within one month from to day. The interim order passed on 22.11.1995 shall continue. List after 4 weeks.";