Delhi High Court issues notice to Centre on petition questioning appointment of NCLAT Technical Members
The Kerala High Court on Tuesday directed the central government to forthwith terminate the appointment of a former EPF Commissioner as presiding officer of the Central Government Industrial Tribunal-cum-Labour Court, Kerala, on the ground that he lacked qualification prescribed under the Industrial Disputes Act, 1947.
Justice Shaji P Chaly issued the directive while allowing a plea challenging the appointment of A Vijayakumar to the post.
In his plea, trade union activist M K Thankappan said appointment of Vijayakumar as presiding officer was pursuant to an amendment to Finance Act, 2017 and the consequent promulgation of Tribunal, Appellate Tribunal and other Authorities (Qualifications Experience and other Conditions of Service of Members) Rules, 2017.
The petitioner alleged that the appointment was made without considering a Supreme Court order setting aside the rules empowering the Central government to make such appointments.
The Supreme Court has set aside the rules in its entirety and directed the Centre to frame new ones, the petitioner said.
Allowing the petition relying on the apex court judgment, the High Court on Tuesday issued quo warranto (writ orlegal action to show what warrant an office or franchise is held) on the ground that Vijayakumar lacks qualification to hold the post.
It directed the centre to forthwith terminate his appointment and to take expeditious steps for filling the post in accordance with 'Rule 2020.
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