Transfer Orders Declared Invalid; High Court Upholds Authority over Registrar Postings in Labour Courts and Industrial Tribunals
In a significant ruling, the Gauhati High Court has set aside the Labour Department's transfer orders pertaining to the Registrars of Labour Courts and Industrial Tribunals in Assam, citing a lack of jurisdiction under Article 235 of the Constitution of India. The judgment, delivered by Justice Devashis Baruah, declared the transfer notifications issued by the Labour Welfare Department as unsustainable and contrary to constitutional provisions.
The case, titled "Smt. Polly Koch v. State of Assam," revolved around the transfer of Smt. Polly Koch from the post of Registrar, Labour Court, Guwahati to Registrar, Industrial Tribunal, Dibrugarh, and vice versa for Shri Bidyut Kumar Das. The impugned notification dated March 11, 2026, was purportedly issued in compliance with prior court orders but was challenged for not being in public interest and violating judicial directions.
Justice Baruah emphasized that the Labour Courts and Industrial Tribunals are classified as Subordinate Courts, thereby placing the control over their postings under the exclusive purview of the High Court, as per Article 235. The judgment also highlighted that the Labour Department exceeded its authority by issuing the transfer orders, which should have been managed by the High Court.
The court's decision underlined the improper exercise of power by the Labour Department, reiterating that administrative control, including postings and transfers of judicial personnel, resides with the judiciary to maintain independence and integrity.
Furthermore, the court clarified that the initial transfer order dated June 20, 2025, was not motivated by public interest but was based on individual requests, thus lacking administrative exigencies. Justice Baruah ordered the reinstatement of the original postings of both registrars, emphasizing adherence to constitutional mandates and court directives.
This ruling reaffirms the judiciary's control over its subordinate courts and sends a strong message about maintaining the separation of powers between governmental departments and the judiciary.
Bottom line:-
Transfer orders of Registrars of Labour Court and Industrial Tribunal declared without jurisdiction as the Labour Department does not have authority under Article 235 of the Constitution.
Statutory provision(s): Article 235 of the Constitution of India
Smt. Polly Koch v. State of Assam, (Gauhati) : Law Finder Doc id # 2931169
