A division bench of chief justice Arup Kumar Goswami and Judge Deepak Kumar Tiwari also set aside and quashed the order issued by the state government on August 12, 2021 appointing Agralal Joshi, currently Principal Judge, Family Court, Raipur, as the president of the Chhattisgarh Industrial Court and allowed a writ petition filed by Malay Jain, a resident of Bilaspur.
The petitioner submitted that after the retirement of T K Chakraborty on July 13, 2019, the post of president of the industrial court remained vacant for about one and half year.
The counsel submitted that the president of the industrial court is required to be made in accordance with Rule 6(3) of the Chhattisgarh Labour Judicial Service (Recruitment and Conditions of Service) Rules, 2015. Accordingly, prayer was made to the court to issue an appointment order for the post of president immediately.
The state government on August 12, 2021, issued an order appointing Agralal Joshi as president of the industrial court from the date of assuming charge till he attains the age of 65.
The petitioner filed an application on August 13, 2021, bringing on record the aforesaid order and praying for a direction to the respondents to maintain the status quo with regard to appointment, joining and working on the post of president of the industrial court.
On September 30, the petitioner filed an application for impleading Agralal Joshi as respondent. In turn, Joshi also filed an application on October 1, 2021, for intervening in the present writ petition.
Anchal Kumar Matre, counsel for Joshi, adopted the arguments of Ganesh Chandra Shrivastav and in addition placed reliance on the judgments in the case of The Bharat Bank Limited v its Employees, reported in AIR 1950 SC 188 and in the case of Mani Subrat Jain and others v state of Haryana and others, reported in 1977.
After listening to both parties, the court allowed the writ petitions and declared the appointment of Joshi unconstitutional.