Secretary (Labour), Delhi Administration v. Rajiv Aggarwal
1994-10-17
G.N.RAY, P.B.SAWANT
body1994
DigiLaw.ai
JUDGMENT : By the Court - Leave granted. Heard both the counsel. 2. We are of the view that the impugned order of the High Court has gone beyond the provisions of Ss.7 and 7A of the Industrial Disputes Act, 1947, and, therefore, deserves to he set aside. The appellant-Government is directed to make appointments to the Labour Court and Industrial Tribunal in conformity with the aforesaid provisions. The real grievance of the respondent who was the writ-petitioner before the High Court is that the posts in the Labour Court and Industrial Tribunal are not filled expeditiously with the result the number of cases keep filing and the litigation is unnecessarily delayed. While modifying the High Court's order, we direct the appellant Government to make the appointment to the Labour Court and the Industrial Tribunal immediately after the vacancies occur. For that purpose, the process of making appointment should start well in advance of the impending vacancies so that new incumbents will be in a position to take their office immediately after the retirement of the present incumbents. 3. The appeal is allowed accordingly with no order as to costs.