AIR 1998 SUPREME COURT 1233 ::1998 AIR SCW 1072 ::1998 (2) ADSC 20 ::1998 ( ) Lab LR 193 ::1998 (1) CurLR 850 ::(1999) 82 FacLR 380 ::1998 SCC (L&S) 657 ::1998 (2) SCC 688 ::(1998) 1 LabLJ 868 ::(1998) 1 Scale 565 ::(1998) 4 AllMR 100 (SC) ::1998 (4) All MR 100 ::(1998) 2 ServLJ 72 ::1998 (3) Bom CR 617 ::1998 (1) LabLN 961 ::1998 (2) SCT 133 ::1998 (1) ServLR 696 ::(1998) 1 SCR 793 (SC) ::1998 (1) SCR 793 ::1998 (2) Supreme 73 ::1998 (93) FJR 514 ::1998 (2) GujLR 1079 ::(1998) 1 JT 604 (SC) ::1998 (1) JT 604

Supreme Court Of India

(From : 1987 Lab IC 1061 (Bom))

Hon'ble Judge(s): Sujata Manohar, D. P. Wadhwa , JJ

(A) Constitution of India , Art.236, Art.234— Bombay Industrial Relations Act (11 of 1947) , S.9— (as amended by Maharashtra Amendment Act No. 47 of 1977) Industrial Disputes Act (14 of 1947) , S.7— (as amended by Maharashtra Amendment Act of 1974) "Judicial service" - Recruitment to - Presiding Officers of Labour Courts constitute judicial service - Their appointment is governed by Art. 234 which prescribes qualification of age - Amended S. 9 of BIR Act and S. 7 of ID Act deleting requirement of age is ultra vires Art. 234 of Constitution. The constitutional scheme under Chap. V of Part VI dealing with the High Courts and Chapter VI of Part VI dealing with the subordinate courts shows a clear anxiety on the part of the framers of the constitution to preserve and promote independence of the judiciary from the executive. Thus Art. 233 which deals with appointment of District Judges requires that such appointments shall be made by the Governor of the State in consultation with the High Court. Article 233(2) has been interpreted as prescribing that "a person in the service of the Union or the State" can refer only to a person in the judicial service of the Union or the State. Article 234 which deals with recruitment of persons other than District Judges to the judicial service requires that their appointments can be made only in accordance with t....