HC restrains Industrial Court, Raipur, President from functioning; stays amendment to Labour Judicial Service Rules, 2015

HC restrains Industrial Court, Raipur, President from functioning; stays amendment to Labour Judicial Service Rules, 2015

Chhattisgarh High Court has restrained the President of the Industrial Court, Raipur, from functioning and stayed the amendment to Chhattisgarh Labour Judicial Service Rules, 2015 by the state government. The Double Bench of the High Court comprising Acting Chief Justice Prashant Kumar Mishra and Judge Rajani Dubey passed this important order while haring a petition filed by one Malay Jain, challenging the amendment made to Chhattisgarh Labour Judicial Service Rules, 2015.

The petitioner had challenged the amendment brought forth by the State government and subsequently publication of official gazette on July 20, 2021, amending sub-rule (3) of Rule 6 of the Chhattisgarh Labour Judicial Service (Recruitment and Conditions of Service) Rules, 2015 and further amending Rule 12 of the said Rules and thereafter omitting Rule 13.

As per the amendment made for appointment of the President of Industrial Court, the State Government need not consult the High Court and that any amendment in the Rules shall be made without consultation with the High Court. In exercise of the power after the amendment to the Rules, the State government had appointed Agralal Joshi as President of Industrial Court, Raipur.

The Court also stayed the amendment made in 2015 and said that the Industrial Court comes under the judiciary and any appointment in this court should be done with consultation of the High Court which has power of Superintendence of all sub-ordinate courts.

Since it is informed by the state government that Agralal Joshi has already joined on the post on August 24, 2021, the Court restrained him from functioning as president of the Industrial Court.