THE STATE OF MAHARASHTRA versus LABOUR LAW PRACTITIONERS ASSOCIATION AND ORS.

Citation: [1998] 1 S.C.R. 793 · Decided: 11-02-1998 · Supreme Court of India · Bench: SUJATA V. MANOHAR · Disposal: Dismissed

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Judgment (excerpt)

y 
f 
THE STATE OF MAHARASHTRA 
v. 
LABOUR LAW PRACTITIONERS' ASSOCIATION AND ORS. 
FEBRUARY 11, 1998 
[MRS. SUJATA V. MANOHAR AND D.P. WADHWA, JJ.] 
Constitution of India, Articles 236(a) and (b), 233," 234, 235, 227 and 
217 (2) ( a)--Subordinate Judiciary--"District Judge" and "Judicial Service" 
A 
B 
as defined in Article 236(a) and 236(b)-Scope of-Held, Labour Court 
performs judicial functions and thus, is a court-Judicial service postulates C 
a hierarchy of courts with the District Judge as the head and other judicial 
officers under him discharging only judicial functions-Labour Courts are 
also subject to the High Court's power of superintendence under Article 
227-Therefore, in accordance with the principai of separation of power and 
independence of judiciary, recruitment of Labour Court judges is required to D 
be made in accordance with Article 234 of the Constitution-Service Law-
Appointment of judges of Labour and Industrial Courts-General Clauses 
Act, 1897, Section 3(17)-Labour Law-Industrial Disputes Act, 1947, Section 
7 (as amended by the State of Maharashtra in 1974)-Bombay Industrial 
Relations Act, 1946, Section 9 (as amended)-Maharashtra Recognition of 
Trade Union and Prevention of Unfair Labour Practices Act, 1971, Section E 
6. 
Words and Phrases-Words "District Judge" and "Judicial Service"-
Meaning of-In the context of Constitution of India, Article 236(a) and (b). 
Respondent No. 1, an association of members practising in the Industrial 
and Labour Courts in the State, filed a writ petition before the High Court 
challenging the Notification dated 8.3.1979 issued by the State Gilvemment, 
appointing respondents 2 and 3 who were Assistant Commissioners of Labour, 
F 
as Judges of the Labour Court. It was also prayed that the provisions of 
amended Section 9 of the Bombay Industrial Relations Act and amended G 
Section 7 of the Industrial Disputes Act in so far as these provisions 
authorised the appointment of Assistant Commissioners of Labour as Judges 
of the Labour Court, were void and illegal and contrary to Article 234 of the 
Constitution. A single Judge of the High Court set aside the said Notification 
and directed the State Government to comply with the provisions of Article H 
793 
794 
SUPREME COURT REPORTS 
[1998] l S.C.R. 
A 234 of the Constitution in appointing Judges of the Labour Court. A Division 
Bench of the High Court dismissed the appeal filed by the State. Hence this 
ll(lpeal. 
Dismissing the a11peal, this Court 
B 
HELD : 1. The Labour Court performs judicial functions and is a 
Court. Labour Court adjudicates upon disputes that, had it not been for the 
Industrial Disputes Act, the Bombay Industrial relations Act and the 
Maharashtra Recognition of Trade Union and Prevention of Unfair Labour 
Practices Act, would have been within the .iurisdiction ·of the ordinary civil 
courts to decide although the ordinary Civil Courts may not be able to grant 
C all the reliefs that are contemplated by these Acts. The Labour Courts are, 
therefore, courts and decide disputes that are civil in nature. (799-F-G) 
D 
1he Bharat Bank Ltd. v. Employees of the Bharat Bank Ltd., (1950) 
SCR 459, relied on. 
Cooper v. Wilson, (1937] 2 KB 309, referred to. 
2. "District Judge" covers a .iudge of any principal Civil Court of 
Original Jurisdiction. With the increase in the number of specialised courts 
and tribunals which are being set up to deal with specific kind of civil 
E litigation which would otherwise have been dealt with by the ordinary civil 
there are number of specialised courts exercising different categories of 
civil original jurisdiction. It can be specialised civil original jurisdiction 
pertaining ot Labour and Industrial Dis11utes specified in the relevant Acts 
as in the case of Labour and Industrial Courts, or it could be pertaining to 
recovery of bank debts and so on. The structure of civil courts exercising 
F original jurisdiction is not monolithic. The judge of the Principal Civil 
Court heading the concerned set of courts under him and exercising that 
jurisdiction can also fall in the category of a "District Judge" by whatever 
name called. The term "District Judge" should not be confined only to the 
Judge of the Principal Civil Courts in the hierarchy of general civil courts .. 
G The term would now have to include also the hierarchy of specialised civil 
courts, such as a hierarchy of Labour Courts and Industrial Courts. The fact 
H 
· that the Chief ~re

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