Case: State of Haryana Vs. Haryana Co-Operative Transport Limited and Others

The 1st respondent is atransport society carrying on transport business at Kaithal, District Karnal, State of Haryana. The Society terminated the services of respondents 3 and 4 who were working with it as conductor and driver, respectively. The State of Punjab, on June 22, 1964 referred the dispute arising out of the dismissal of respondents 3 and 4, under s. 10 of the Industrial Disputes Act (14 of 1947) for the adjudication of the Labour Court, Rohtak. That Court was then presided over by Shri Jawala Dass. On Shri Dasss retirement, Shri Hans Raj Gupta was appointed on June 4, 1965, as the presiding Officer of the Court. The reference was thereafter heard by him and on April 16, 1966 he gave an award directing the reinstatement of respondents 3 and 4 with 50% backwages from the date of their dismissal until the date of reinstatement. The Presiding Officer of the Labour Court is the 2nd respondent to thisaggrieved by the award, the 1st respondent filed Writ Petition No. 1575 of 1966 in the High Court of Punjab and Haryana under arts. 226 and 227 of the Constitution, praying that the award given by the 2nd respondent be set aside on the ground , inter alia, that he was not qualified to hold the post of a Judge of the Labour Court, and, therefore, the award was without jurisdiction. The Writ petition having been allowed by a Division Bench by its judgment dated March 26, 1968 the State of Haryana has filed this appeal by special leave. The Presiding Officer of the Labour Court was impleaded to the Writ Petition as the 2nd respondent.

Reasoning: The rights conferred by arts. 226 and 227 can be abridged or taken away only by an appropriate amendment of the Constitution and their operation cannot be whittled down by a provision like the one contained in s.9( 1 ) of the Act. Accordingly, it is open to the High Courts in the exercise of their writ jurisdiction to consider the validity of appointment of any person as a chairman or a member of a Board or Court or as a presiding officer of a Labour Court, Tribunal, or National Tribunal. If the High Court finds that a person appointed to any of these offices is not eligible or qualified to hold that post, the appointment has to be declared invalid by issuing a writ of quo warranto or any other appropriate writ or direction. To strike down usurpation of office is the function and duty of High Courts is the exercise of their constitutional powers under arts. 226 and 227.In the result we affirm the judgment of the High Court and dismiss this appeal. We are thankful to Shri Wad for assisting the Court as amicus.