AI Structured Summary
Not yet generated for this judgment
Judgment
Arun Tandon, J.—These two connected writ petitions are more or less identical in nature and are being decided by means of a common order.
Petitioners before this Court seek quashing of the notification dated 24th September, 2008 as well as the consequential order issued by the State Government dated 27th September, 2008. For ready reference the notification dated 24th September, 2008 is being quoted below:
v/kksgLrk{kjh dks ;g dgus dk funsZ''k gqvk gS fd Jek;qDr] m0iz0 ds leLr vf/kdkj xzsVj uks;Mk ifj{ks= eq[; dk;Zikyd vf/kdkjh] o`gRrj U;w vks[kyk b.MfLV�;y MsoyiesUV vFkkfjVh] �xzsVj uks;Mk� dks ,rn~}kjk iznku fd;s tkrs gS ftlds ifj.kkeLo:i eq[; dk;Zikyd vf/kdkjh] xzsVj uks;Mk esa fLFkr viuh vf/kdkfjrk dh LFkkuh; lhekvksa ds vUrZxr Je rFkk vkS|ksfxd fu;eksa@fofu;eksa ds vuqikyu vkS|ksfxd ''kkfUr dh cgkyh rFkk uks;M+k ds vkS|ksfxd fodkl] vkS|ksfxd fooknksa ds lek/kku gsrq iw.kZ :i ls mRrjnk;h gksaxs rFkk buds dk;ksZ ds fy, Je foHkkx] m0iz0 ''kklu mudk iz''kklfud foHkkx gksxkA
Counsel for the petitioners submit that the State Government cannot delegate the powers of the Labour Commissioner upon the Chief Executive Officer, as has been done under the impugned order and therefore, the impugned orders are illegal. According to him the orders have the effect of delegating the power of the Labour Commissioner upon the Chief Executive Officer, which is not permissible.
The contention so raised by the counsel for the petitioners does not appeal to the Court. Section 11A of the Industrial Disputes Act confers a power upon the State Government qua delegation of its powers, it reads as follows:
11A. Delegation of powers.- The State Government may, by notification in the official Gazette, direct that any power exercisable by it under this Act or Rules made thereunder shall, in relation to such matters and subject to such conditions if any, as may be specified, in the direction, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification.
The impugned notification in fact only provide that whatever powers, which were earlier exercised by the Labour Commissioner in respect of Greater New Okhla Industrial Development Authority (Greater N.O.I.D.A.) shall now be exercised by the Chief Executive Officer. Meaning thereby that the delegatee has been changed and in place of Labour Commissioner it is the Chief Executive Officer N.O.I.D.A., who shall act as the delegatee.
In my view there is no error in the notification issued in exercise of powers under the provisions of Section 11A. No interference is required by this Court under Article 226 of the Constitution of India.
Writ petition lacks merit and is dismissed.