Our Achievements
- The Association had to litigate for appointment of Judges through the process of filing Writ Petition in the High Court. The Association succeeded in establishing correct legal character of the Courts functioning under the Bombay Industrial Relations Act, M.R.T.U. & P.U.L.P. Act, Industrial Disputes Act and other Labour Acts as Courts, within the meaning of the provisions of the Constitution. The Judgment of his Lordship, Mr. Justice M.L. Pendse, affirmed by the Division Bench of our High Court, Bombay, consisting of Their Lordships, Mr. Justice Barucha and Mr. Justice Variava are land-marks Judgment in this respect. The Division Bench of the Judgement of the Hon’ble Bombay High Court was challenged by the State of Maharashtra in the Hon’ble Supreme Court.
- Till the year 1987, the State Government did not frame any Rules for Appointment of Judges to Industrial and Labour Courts. The Appointment of Judges was made on adhoc basis. In majority of cases, retired Judges or the sitting Judges at the fag end of their service were appointed. This resulted in lot of difficulties to the Labour Law Practitioner’s and the litigants. Labour Jurisprudence being a unique subject dealing with social justice, the Judges for the regular Judiciary had to acquaint themselves with it which certainly takes some time to learn. As the Judges were appointed on adhoc basis, by the time they tried to understand this Jurisprudence, they would be retired or be transferred. The Association had, therefore, to fight against this practice of the Appointment of Judges on adhoc basis, both by direct action and filing a Writ Petition before the Hon’ble Bombay High Court. Ultimately, the State government framed Rules providing for Appointment of Judges to the Labour Judiciary.
- Initially, the Labour Courts were functioning form the barracks situated at Agripada. The Payment of Wages Courts and Industrial Courts operated from barracks situated opposite Mantralaya. Thereafter, Industrial Courts were functioning in the Old Secretariat Building where the City Civil Courts are presently functioning. In or about the year 1967, all these Courts were shifted to the 3rd, 6th, and 7th floors of Arun Chambers at Tardeo. With the number of litigations increasing and it was felt that the premises allotted to these Courts were inadequate. Apart from this, the condition of the premises at Arun Chambers was also deteriorating. The ceilings of the Court rooms, office premises and bar rooms started falling and there were instances of miraculous escape of the Judges, Practitioners and Litigants. As the state Government did not take act on time to provide for safe working premises, the Association was forced to resort to direct confrontation with the State Government. The members of the association apart from striking work also undertook relay hunger strike in the year 1998 which woke up the State Government. Ultimately, the Labour and Industrial Courts were shifted from Arun Chambers to the present occasion.
- The Association is known for its unity in matters concerning dispensation of Justice to the Litigants. The Association felt that the Judges presiding over these Courts should be overboard and should not be of doubtful character. Whenever, the Association felt that the Judges appointed by the State Government to preside over these Courts were not of integrity, the members of the Association have unitedly opposed such appointments. The first was the case of Justice Hajarnawis who was appointed as the President of the Industrial Court during emergency i.e. in the year 1975-1976. The members of the Association boycotted the Court of Justice Hajarnawis and ultimately be forced to resign.
- In the year 2004, Shri. Hirurkar was transferred as Member of the Industrial Court of Mumbai for the second time. During his first stint at Mumbai as Member of the Industrial Court, the Association had received a number of Complaints about his integrity. He was, thereafter, transferred from Mumbai. When he was re-transferred to Mumbai, the members of the Association opposed his appointment from the very first day and boycotted his Court completely. The boycott continued for about two months. All the tactics of Mr. Hirurkar to intimidate and pressurize the members failed. He was again re-transferred from Mumbai.
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