B.S. SHARMA versus STATE OF HARYANA AND ANR.

B.S. SHARMA versus STATE OF HARYANA AND ANR.

A judicial officer posted as Presiding Officer of the Industrial Tribunal-cum-Labour Court on deputation remains under the control of the High Court and does not become entitled to a higher superannuation age applicable to the department of deputation; Section 7-C of the Industrial Disputes Act merely prescribes a threshold and does not confer entitlement to extended service beyond the rules governing the parent Judicial Service.

Parties
Petitioner: B.S. Sharma; Respondents: State of Haryana and Anr.
Jurisdiction
India
Judgment Date
17 November 2000
Procedural Posture
Special Leave Petition (civil) / Final Disposition – Supreme Court Order on SLP
Outcome
Petition dismissed.
Legal Topics
Judicial Officers on Deputation, Superannuation Age, Control of High Court Under Article 235, Industrial Disputes Act Applicability, Punjab Superior Judicial Service Rules
Constitutional Law Service Law Labour Law Judicial Officers on Deputation Superannuation Age Control of High Court Under Article 235 Industrial Disputes Act Applicability Punjab Superior Judicial Service Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

B.S. Sharma

Petitioner

State of Haryana and Anr.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition – Supreme Court Order on SLP

Legal Issues

  1. 1 Whether a Judicial Officer on deputation is entitled to the higher superannuation age of the department of deputation
  2. 2 Applicability of Section 7-C of the Industrial Disputes Act to judicial officers on deputation
  3. 3 Effect of Punjab Superior Judicial Service Rules and Article 235 of the Constitution on superannuation age

Ratio Decidendi

A judicial officer posted as Presiding Officer of the Industrial Tribunal-cum-Labour Court on deputation remains under the control of the High Court and does not become entitled to a higher superannuation age applicable to the department of deputation; Section 7-C of the Industrial Disputes Act merely prescribes a threshold and does not confer entitlement to extended service beyond the rules governing the parent Judicial Service.

Court Disposition

Petition dismissed.

Orders

  • Delay condoned.
  • Special Leave Petition dismissed.