HIGH COURT OF GUJARAT Vs. GUJARAT KISHAN MAZDOOR PANCHAYAT

JUDGEMENT

(1.) By these four appeals, we are called upon to consider the legality, correctness and validity of the impugned notification dated 7 -12 -2000 appointing Shri N. A. Acharya as the President of the Industrial Court at Ahmedabad. A Notification dated 7 -12 -2000, in this regard, was issued by the order of Governor by the Labour and Employment Department of the govern - ment 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. 12665/2000, 7912001, 80/2001 and 93/2001 filed by Gujarat Kishan Mazdoor Panchayat, Gujarat lndustrial Court Judges' Association, Labour Laws Practitioners' Association and Surat Textile Labour Union. As per the directions of the Chief Justice, the applications were placed before the Full Bench of the Gujarat High Court. The Full Bench, by its judgment dated 4 -5 -2001, allowed the applications and quashed the said notification dated 7 -12 -2000. 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. 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. 11795 -11798/2001 on the grounds raised in the Special Leave Petitions. By order dated 14 -12 -2001, this Court granted leave and made the interim order absolute.

(2.) All these appeals involve common question of law based on same set of facts, therefore, we propose to decide these appeals by a common judgment. A Special Civil Application was filed by the Gujarat Kishan Mazdoor Panchayat, a registered trade union to direct the respondents therein not 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. A prayer to issue a writ of quo warranto was also asked for to direct Shri N. 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.

(3.) The brief facts leading to the filing of the applications are briefly stated as under :