M.L.PENDSE, J. - (1.)By this petition filed under Article 226 of the Constitution of India, the petitioners are challenging the legality of the order dated March 8, 1979 passed by respondent No. 1 appointing respondents Nos. 2 and 3 as Judges of the Labour Court.
(2.)The petitioner No. 1 is a Labour Law Practitioners Association an Association registered under the Societies Registration Act, while petitioner No. 2 is a member of the said Association. The respondents Nos. 2 and 3 are Law Graduates and are in service of respondent No. 1 as Assistant Commissioners of Labour and were deputed on the date of the order under challenge to the Bombay Iron and Steel Labour Board and the Maharashtra State Textile Corporation Limited, Bombay, respectively.
(3.)The Labour Courts are constituted under the Industrial Disputes Act, 1947 and the Bombay Industrial Relations Act, 1946 and that under the Industrial Disputes Act, Labour Courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second Schedule of the Act and for performing such work as may be assigned to them under the Act. Sub-section (2) of section 7 provides that the Labour Court shall consist of one person only to be appointed by the appropriate Government. The original sub-section (3) of section 7 provides for the qualifications for appointment of the Presiding Officer of the Labour Court and the qualifications were that a person (a) is or has been a Judge of the High Court; or (b) has, for a period of not less than 3 years, been a District Judge or an Additional District Judge; or (c) has held the office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes Act for a period of not less than 2 years; or (d) held any judicial office in India for not less than 7 years; or (e) has been the Presiding Officer of a Labour Court constituted under any Provincial Act or State Act for not less than 5 years. By the Industrial Disputes (Maharashtra Amendment) Act, 1974, the provisions of section 7 were amended and three more sources for recruitment to the posts of Labour Court were provided for. They are as follows :
"(d-1) he has practised as an Advocate or attorney for not less than seven years in the High Court, or any Court sub-ordinate thereto, or any Industrial Court or Tribunal or Labour Court, constituted under any law for the time being in force; or (d-2) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Deputy Registrar of any such Industrial Court or Tribunal for not less than five years; or (d-3) he holds a degree in law of University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than five years."