and 234 read with Article 309 of the Constitution of India. On the strength of Section 64 and 64-A of the Act of 1960, it is pleaded that the Industrial Court also exercises revisional, appellate as well as inherent powers and that it also has the powers of High Court under the Code of Criminal Procedure, 1973. Members and President of the Industrial Court, prior to the Rules of 2015 coming into force, were subjected to disciplinary jurisdiction of the State Government, which hampered their judicial independence and therefore, it was necessary to relieve them from the control of executive in the light of concept of independence of judiciary. Shri Ravi Shankar Sharma, Principal Secretary, Law and Legislative Affairs Department, Government of Chhattisgarh was recommended for being appointed as President by communication dated 09.08.2019 and as no response was forthcoming for almost five months, reminder was sent on 04.02.2020 to the Principal Secretary, Government of Chhattisgarh to expedite the matter. When a panel of names was sought by the State of Chhattisgarh by communication dated 13.02.2020, the Principal Secretary was informed that the High Court has resolved to reaffirm its earlier resolution keeping in view the statutory scheme under Rule 6(3) of the Rules of 2015, which was framed in consultation with the High Court and State Public Service Commission. It is pleaded that Rule 13 of the Rules of 2015 enables the State Government to make amendment only in consultation with the High Court and the amendments were effected without any consultation with the High Court and therefore, the same are liable to be struck down on that ground alone as well as on the ground of being violative of Articles 233, 234 and 235 of the Constitution of India.
